[Ord. 6/23/43, § AI; Ord. 08-016G, § 1]
As used in this section:
Shall mean any person, traveling by foot, wagon, automotive
vehicle or any other type of conveyance, from place to place, from
house to house, or from street to street, taking or attempting to
take orders for sales of goods, wares, publications and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future, whether or
not such person has, carries or exposes for sale a sample of the subject
of such sale, or whether or not such person is collecting advance
payments on such sales. Further, these terms shall include any person
who hires, leases, uses or occupies any building, structure, shop
or other place within the Borough of Rumson for the sole purpose of
exhibiting samples and taking orders for future delivery, such person
being sometimes known as a "transient merchant," whether or not such
person also acts as a hawker or peddler of hires a hawker or peddler,
as defined below.
Shall mean any person, traveling by foot, wagon, automotive
vehicle or any other type of conveyance, from place to place, from
house to house, or from street to street, carrying, conveying or transporting
goods, services, wares, food, liquids, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers,
or who, without traveling from place to place, shall sell or offer
the same for sale from a wagon, automotive vehicle or other vehicle
or conveyance, or a person who solicits orders and as a separate transaction
makes deliveries to purchasers as part of a scheme or design to evade
the provisions of this section or any other ordinance, and shall include
the word "huckster."
Shall mean any person who deals in buying and selling old
iron or other metals, glass, paper, cordage, or other waste or discarded
material or items.
Shall mean any individual, firm, partnership, corporation,
voluntary association, incorporated association, and any principal
or agent thereof, who has not been convicted of any crime or misdemeanor
involving moral turpitude and has not been convicted of any prior
violation of this section.
Shall mean any person, whether as owner, agent, servant,
employee or consignee, who engages in a temporary business of selling
and delivering goods, wares and merchandise within the Borough of
Rumson and who, in furtherance of such purposes, hires, leases, uses
or occupies any building, structure, motor vehicle, shop(s) or any
street, alley or other public place within the Borough for the exhibition
and sale of such goods, wares and merchandise, either privately or
at public auction.
[Ord. 6/23/43, AII; Ord. 08-016G, § 1]
The purpose of this section is to prevent unfair competition and dishonest business practices by the regulation of the conduct of solicitors as defined in Section 4-1; and by the imposition of license fees for revenue upon peddlers, hawkers, transient merchants, itinerant merchants, itinerant vendors, solicitors, and junk dealers, all as defined in Section 4-1. Licenses shall be issued to solicitors and transient merchants upon strict compliance with this section and the payment of a fee of $20 to cover the cost of issuing the license.
[Ord. 6/23/43, AIII; Ord. 08-016G, § 1]
It shall be unlawful for any peddler, hawker, transient merchant,
itinerant merchant, itinerant vendor, solicitor, and junk dealer to
sell or dispose of or to offer to sell or dispose of any goods, wares,
merchandise or publications, within the Borough, without first obtaining
a license.
[Ord. 6/23/43, AIV; Ord. No. 08-016G, § 4]
No licenses or fees required to be obtained under this section
shall be required of any of the following classes of persons, but
they shall be required to register with the Municipal Clerk before
they start on any of their respective activities:
a.
Any person who conducts a judicial sale under the authority of State
or Federal laws.
b.
Any exempt member of a volunteer Fire Department, volunteer fire
engine, hook and ladder, hose or supply company, First Aid Squad or
salvage corps of any municipality or fire district in this State,
who holds an exemption certificate issued to him or her as an exempt
member of any such department, company or corps, who is a resident
of the State of New Jersey and who has procured a license in the manner
and under the conditions prescribed in N.J.S.A. 45:24-9 et seq., as
amended, supplemented and in force.
c.
Any person honorably discharged from the military forces of the United
States, who is a resident of the State of New Jersey and who has procured
a license in the manner and under the conditions prescribed in N.J.S.A.
45-24-9 et seq., as amended, supplemented and in force.
d.
Any person who are the owners or authorized operators of any business
or activity described in paragraphs a through c above, who hold any
unexpired license or permit issued by the Borough under any other
ordinance in such business or activity, provided that such employer
or authorized operator submits to the Municipal Clerk, for approval,
the name and address of such employed person, and provided that, following
such approval by the Chief of Police, to be submitted by him to the
Municipal Clerk, the employer or authorized operator applies to and
obtains from the Municipal Clerk a permit showing the name and address
of the employer or authorized operator, the name and address of the
person so employed, the character of the business or activity and
such other matters as may, from time to time, be required by the Police
Committee of the Borough.
e.
Children under the age of 17 years of age engaged in the sale or
delivery of newspapers published in the State of New Jersey, which
are qualified as legal newspapers under N.J.S.A. 35:1-1 et seq., as
amended, supplemented and in force, or for fundraising for nonprofit
organizations.
[Ord. 6/23/43, AV; Ord. No. 08-016G, § 1]
Any person desiring a license shall file with the Municipal
Clerk an application containing the following information:
a.
For All License Classes.
1.
Name of applicant;
2.
Permanent residence;
3.
The place or places of residence of the applicant for the preceding
three years;
4.
The name and address of each peddler acting for said merchant;
5.
And for each peddler, the number either of arrests or convictions
for misdemeanors or crimes and the nature of the offenses for which
arrested or convicted.
6.
A description of the goods to be offered for sale;
7.
The number of arrests or convictions for misdemeanors or crimes and
the nature of the offenses for which arrested or convicted. To the
application must be attached a letter from the firm for which applicant
purports to work, authorizing applicant to act as its representative.
All applicants must submit to fingerprinting by the Police Department
at the time of the application.
[Ord. 6/23/43, § AVI; Ord. No. 08-016G, § 1]
For transient merchants and solicitors requiring advance payment
in whole or in part, the Municipal Clerk shall establish the character
of the business by:
[Ord. 6/23/43, § AVI; Ord. No. 08-016G, § 1]
The bond shall be declared forfeit upon conclusive proof of:
a.
Falsification in application for a license;
b.
Willful violation of any of the provisions of this section; or
c.
Removal from the municipality within a year after opening the business
premises without payment of the license fee or fees required of transient
merchants or merchant peddlers. The bond of every merchant continuously
conducting a vending business for more than one year shall be cancelled
and no further bond shall be required for him under this section.
[Ord. 6/23/43, § AVII; Ord. No. 08-016G, § 1]
a.
Following the filing of the application, the Mayor of the Borough
or the Chief of Police shall verify the information respecting the
moral character of the applicant and shall signify his approval or
rejection on the reverse side of the form and the Municipal Clerk
shall verify the financial information, approving or rejecting the
application on its reverse side. Upon verification of the application
and payment of the prescribed fee, the license herewith shall be issued
by the Municipal Clerk.
b.
For all license classes, the license issued shall not authorize any
person, except the designated person named in the license, to engage
in business thereunder. The license shall not be transferable from
the person to whom issued to any other person. A separate license
must be obtained by a licensed transient merchant for each branch
or separate place of business in which his business is conducted and
each license shall authorize the person to conduct business only at
the location which is indicated therein.
[Ord. 6/23/43, § AVII; Ord. No. 08-016G, § 1]
a.
All licenses shall be issued on forms drawn in accordance with this
section. They shall be consecutively numbered. The license shall contain
blank spaces for writing in the name, the class of license granted,
the location of the business and the amount of fee paid.
b.
There shall be kept in the office of the Municipal Clerk the necessary
books for recording the time the application for license is received,
showing its class, whether new or renewal, name of licensee, regular
number of blank form, when the application was approved by the Mayor
or Chief of Police and the Municipal Clerk, the amount of fee received
therefor, and the date when the license was issued.
[Ord. 6/23/43, § AIX; Ord. No. 08-016G, § 1]
Every person holding a license, under this section, shall be
required to carry the license with him or at his business premises
while engaged in the business licensed. He shall produce the license
at the request of any official of the Borough.
[Ord. 6/23/43, § AX; Ord. No. 08-016G, § 1]
The license fees shall be $20 for any peddler, hawker, transient
merchant, itinerant merchant, itinerant vendor, solicitor and junk
dealer. Every license shall terminate at the close of December 31
of the year in which it is issued.
[Ord. 12/22/83; Ord. No. 08-016G, § 1]
No person, group nor any representative or any organization
or group shall canvass, solicit, peddle, sell or act as a transient
merchant or transient merchant-peddler within the confines of the
Borough except during the hours of 10:00 a.m. and dusk. This subsection
shall not apply to persons taking the Federal census and to fund raising
by the Rumson Fire Department, Rumson EMS (First Aid Squad) and the
Rumson Policemen's Benevolent Association (P.B.A.).
[Ord. 2/27/92; Ord. No. 08-016G, 1]
Persons soliciting or canvassing for a lawful, recognized religious,
charitable, educational or political organization, or charitable nonprofit
corporation, shall be exempt from the licensing fees set forth in
this section.
[Ord. No. 08-016G, § 1]
The requirements of this section shall not affect or apply to
any person engaged in the delivery of goods, wares, merchandise or
other article in the regular course of business to the premises of
persons ordering or entitled to receive the same.
[Ord. 2/27/92, § 1; Ord. No. 08-016G, § 1]
Notwithstanding anything to the contrary contained herein, it
is the express intent of this section to exclude from its terms, contents
and application the distribution or dissemination, by a person or
persons, by any means, of ideas, information or opinions with regard
to an issue or issues of a political or religious nature, except that
the following regulations shall apply to said person or persons:
a.
The distribution or dissemination of such shall be done within the
Borough of Rumson only between the hours of 10:00 a.m. and dusk.
b.
The distribution or dissemination of such shall be done without causing
any litter or debris to accumulate upon the public or private areas
of the Borough of Rumson.
[Ord. 6/23/43, § AXI; Ord. No. 08-016G, § 1]
Any license issued hereunder may be suspended by the Municipal
Clerk for any infraction or violation of the terms of the license,
or of any Borough ordinance, State or Federal Statute, or falsification
in applying for a license. The suspension shall become effective by
the mailing of a notice to the address appearing upon said application
and shall state that opportunity for a hearing will be given at a
time certain, within five days from date of notice, before the Municipal
Clerk who, upon a finding of such a violation, may revoke the license,
and in event of failure of licensee to appear, the license shall automatically
be revoked and canceled.
[Ord. No. 08-016G, § 1]
The agents, servants, employees or other representatives of
corporations, partnerships, resident or nonresident individual natural
persons, joint ventures, societies, associations, clubs, trustees,
trusts or unincorporated groups shall be personally responsible for
compliance with this section by their principals and by the businesses
which they represent.
[Ord. No. 08-016G, § 1]
The Chief of Police, all other Police Officers of the Borough
of Rumson and the Code Enforcement Officer shall examine all places
of business and all persons in said Borough to determine if this section
had been complied with, and shall enforce the provisions of this section
against any person found to be violating the same. Further, it shall
be their duty to require any person seen peddling, soliciting, canvassing
or distributing and who is not known by such officer to be duly licensed,
to produce his peddler's, solicitor's, canvasser's or distributor's
license, as the case may be, and to enforce the provisions of this
section against any person found to be violating the same.
[Ord. 6/23/43 § AXII; Ord. No. 08-016G, § 1]
[Ord. 6/24/48, § 1]
No person shall place, store, moor, abandon or maintain any
scow, barge or other vessel of whatsoever kind in any waters of or
upon any lands lying between high and low watermark on the shores
of the Navesink or North Shrewsbury River, Little Silver Creek, the
South Shrewsbury River or any branch or tributary of any of the bodies
of water lying, being and situate within the jurisdictional limits
of the Borough without a license for that purpose first hand and obtained
as hereinafter provided.
[Ord. 6/24/48, § 2]
All licenses issued hereunder shall be of two kinds, to wit:
Annual license and temporary licenses. An annual license shall remain
in force continuously from the date of its issue until January 1 next
succeeding. A temporary license shall remain in force for a limited
time not exceeding 10 days from the date of issue.
[Ord. 6/24/48, § 3]
Any person desiring an annual license shall file a written application
with the Borough Clerk setting forth the number, type, age and condition
of the scows, barges or vessels to be stored, moored or maintained
and shall also submit satisfactory evidence of title or privilege
to occupy the waters or lands in or upon which such scows, barges
or vessels are to be stored, moored or maintained. Upon the filing
of any such application, the Mayor and Council shall cause notice
to be given of a hearing thereon by advertising at least once a week
for two successive weeks in a newspaper of general circulation in
this Borough and by posting such notice on the premises referred to
in such application. At the time and place fixed for the hearing all
persons interested therein shall be given an opportunity to be heard.
After such hearing the Mayor and Council may, by resolution, grant
such license, if in their judgment it is proper for the good government,
order and protection of persons and property for the preservation
of the public health, welfare and safety of the Borough and its inhabitants.
[Ord. 6/24/48, § 4]
The Mayor and Council may require any person desiring an annual
license to file with the Borough Clerk, a satisfactory surety bond
in such sum as shall be determined by the Mayor and Council, but in
no event shall said bond be less than $500 in amount. The bond to
be conditioned for the prompt removal, upon termination of the term
of the license, of any scow, barge, or other vessel from the lands
described in said license and the removal therefrom of all obstructions,
whether above or beneath the surface of the water, at or before the
expiration of the term of the license, and in default of the removal,
to pay the cost thereof to the Borough should it incur expense in
causing said removal.
[Ord. 6/24/48, § 5]
All annual licenses granted in pursuance of this chapter may
be renewed annually thereafter by resolution of the Mayor and Council,
without readvertising or holding a rehearing thereon, upon the payment
of the necessary license fee, provided however, that the terms of
all renewal licenses shall conform strictly to the terms of the original
licenses.
[Ord. 6/24/48, § 6]
Any person desiring a temporary license shall file a written
application with the Borough Clerk, setting forth the number, type,
age and condition of the scows, barges or vessels to be stored, moored
or maintained, the period of time for which said license is desired,
and shall also submit satisfactory evidence of title or privilege
to occupy the waters or lands in or upon which such scows, barges
or vessels are to be stored, moored or maintained. Upon the filing
of such application the Mayor and Council may grant the temporary
license by resolution, without advertising or holding a hearing thereon,
if in their judgment, it is proper for the good government, order
and protection of persons and property and for the preservation of
the public health, welfare and safety of the Borough and its inhabitants.
[Ord. 6/24/48, § 7]
The fee for the granting of an annual license to store, moor
or maintain one scow, barge or other vessel shall be $10 and for each
additional scow, barge or other vessel included in a single annual
license, there shall be an additional fee of $10. The fee for the
granting of a temporary license to store, moor or maintain one scow,
barge or other vessel shall be $5 and for each additional scow, barge
or other vessel included in a single temporary license there shall
be an additional fee of $5.
[Ord. 6/24/48, § 8; Ord. No. 08-016, § 1]
Any scow, barge or other vessel stored, moored or maintained in violation of this section shall be removed by the owner or lessee thereof within 10 days after service upon the owner or lessee of notice demanding the removal. Any person(s), firm(s) or corporation(s) who violates or neglects to comply with any provisions of this section or any rule or regulation promulgated pursuant thereto, shall be subject to the penalty as stated in Chapter 3, Section 3-1. If the owner or lessee shall not effect the removal within 10 days, each day upon which the scow, barge or other vessel is thereafter stored, moored or maintained, shall be considered a separate and distinct violation of this section and shall be dealt with as such.
[Ord. 6/24/48, § 9]
As used in this section:
Shall mean a boat, houseboat, floating drydock or any other
craft designed to float on the water with the exception of motorboats,
sailboats, rowboats and canoes used for pleasure and not used as living
quarters.
[Ord. 6/24/48, § 10]
This section shall not apply to the storage, mooring or maintenance
of scows, barges or other vessels by an owner of lands under tidewater,
or by a lessee of the owner, if the scows, barges or other vessels
are stored, moored or maintained on the waters or lands under tidewater
as an incident to the use by the owner or lessee of uplands adjacent
thereto, nor shall this section apply to scows, barges or other vessels
moored upon the navigable portions of the bodies of water and beyond
such exterior line for piers and bulkheads as may be established by
the State of New Jersey.
[Ord. 4/23/64, § 1; Ord. 4/26/79; Ord. 1/18/96, § 1; Ord. 2/19/98, § 1]
No person shall launch or haul out, at the municipal ramp and
boat launching facilities situated on the easterly side of the northerly
end of the Avenue of Two Rivers in the Borough, any boat or other
water craft of any type or design without first securing from the
duly authorized agent of the Borough, employed for that purpose, a
permit therefor.
[Ord. 4/23/64, § 3; Ord. 4/26/79; Ord. 1/18/96, § 1; Ord. 2/19/98, § 1]
Persons desiring to secure such a permit shall furnish to the
duly authorized agent their names, addresses, description of their
boats or other water craft, any license numbers thereof, if any, the
license of any motor vehicle or trailer to be used in connection with
launching and hauling out and such other information as may be required
by order of the Mayor and Council or by its aforesaid duly authorized
agent.
[Ord. 4/23/64, § 4; Ord. 4/26/79; Ord. 1/8/96, § 1; Ord. 11/6/97, § 1; Ord. 2/19/98,
§ 1; Ord. 6/15/00, § 1; Ord. No. 08-016G, § 1]
Two sets of permits shall be issued by the Borough of Rumson — annual
permits for personal use, and seasonal permits that permit one launch
and one removal for the same vessel per year. All such permits shall
be assigned serial numbers for identification purposes, one set of
serial numbers for annual, personal permits and another set of serial
numbers for the seasonal permits.
The serial number of each such permit shall be entered in the
computer system for registration thereof including the name, address,
and boat, vehicle and trailer information of the permit holder. Persons
engaged in launching or hauling out boats or other watercraft shall
at all times have their permits displayed inside their vehicles from
the rearview mirror in a manner that can be inspected by any police
officer or other duly authorized agent or employee of the Borough
of Rumson.
[Ord. 4/23/64, § 5; Ord. 1/26/78, § 2; Ord. 4/26/79; Ord. 1/22/81, § 1; Ord. 1/27/83; Ord. 12/26/85, § 1; Ord. 12/16/93, § 1; Ord. 6/15/00, § 2; Ord.
No. 08-016G, § 1; Ord.
No. 16-006G § 2; 8-11-2020 by Ord. No. 20-004G]
Each and every person, with the exception of persons 65 years
of age or who are owners of the boat or boats for which they seek
an annual permit and furnish proof of their age and ownership of their
boats, securing such a permit shall pay a fee of $150 for each year
of part thereof for which such permit is issued. Permits shall be
for personal use only, shall be limited to two boats or other watercraft
and shall be renewed annually. For persons 65 years of age and older
the annual fee shall be $75.
The fee for seasonal permits, limited to one launch and one
removal for the same vessel per year shall be $50.
All above permit fees shall take effect immediately.
[Ord. 4/23/64, § 6; Ord. 4/26/79; Ord. 1/18/96, § 1; Ord. 2/19/98, § 1]
The Mayor and Borough Council are hereby authorized to employ
a registrar, inspectors and such other agents and employees as may
be necessary to carry out and enforce the provisions of the section
and to purchase such books, stationery, application and permit forms
and such other supplies as may be necessary.
[Ord. No. 08-016G, § 1]
The Rumson Municipal Harbor Master shall be appointed by the
Rumson Borough Council and shall strive to maintain peace, fairness
and safety for all using the Rumson Municipal Boat Launching Ramp
and parking lot area, which are located on the shoreline of the Navesink
River at the northernmost end of Avenue of Two Rivers.
a.
The Harbor Master shall have the powers to enforce all Borough Ordinances
that pertain to the use of the Borough of Rumson Municipal Boat Launching
Ramp and parking lot.
b.
The Harbor Master shall report directly to the Chief of Police and
shall establish and maintain communication with Rumson Police Headquarters
while on duty.
c.
The schedule of hours worked by the Harbor Master shall be determined
by the Rumson Borough Council.
d.
While on duty, the Harbor Master shall wear a uniform shirt that
is approved by the Rumson Borough Council/Police Committee and supplied
by the Borough of Rumson.
[Ord. 4/23/64, § 8; Ord. 1/8/96, § 1; Ord. 2/19/98, § 1; Ord.
No. 08-016G, § 1; Ord.
No. 13-009G]
[Ord. 11/9/76, § 1; Ord. 10/12/96]
As used in this section:
a.
GARAGE SALES - Shall mean and include all sales entitled "garage
sales," "yard sale," "lawn sale," "attic sale," "rummage sale," or
"flea market sale" or any similar casual sale of tangible personal
property which is advertised by any means whereby the public at large
is or can be made aware of said sale.
b.
GOODS - Shall mean and includes any goods, warehouse merchandise
or other property capable of being the object of a sale regulated
hereunder and which is owned by the licensee. The sale of new goods
purchased or manufactured for the purpose of offering them for sale
at a garage sale or the taking of orders for goods to be manufactured
for future delivery to the purchaser is not permissible at a garage
sale.
c.
OCCUPANT - Shall mean owner or lessee of the premises upon which
the sale is to be conducted.
[Ord. 11/9/76, § 2; Ord. 1/27/83; Ord. No.
08-016G, § 1]
It shall be unlawful for any person to conduct a garage sale
in the Borough without first filing with the Municipal Clerk the information
hereinafter specified and obtaining from the clerk a permit to conduct
such a sale, to be known as a "garage sale permit." The fee for issuance
of such a permit is hereby fixed at $10.
[Ord. 11/9/76, § 3; Ord. No. 08-016G, § 1]
Not more than two "garage sale permits" shall be issued to any
one person or for any one premises in the Borough for any one year.
No "garage sale permit" shall be good for more than two days. Each
such permit shall at all times during the sale be prominently displayed
upon the premises upon which the sale is being conducted and shall
be so displayed as to be visible from the street upon which the premises
front or if such premises do not have frontage upon a public street
at the entrance from the street to the premises.
[Ord. 11/9/76, § 4]
The information to be filed with the Borough Clerk pursuant
to this section shall be as follows:
a.
Name of person, firm, group, corporation, association or organization
conducting the sale.
b.
Name of owner or lessee of the property on which the sale is to be
conducted.
c.
Location at which sale is to be conducted.
d.
Number of days of sale.
e.
Date, nature of any past sale.
f.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
[Ord. 11/9/76, § 5; Ord. No. 08-016G, § 1]
No such permit shall be issued to any person who is not the
occupant of the premises upon which such sale or activity is conducted
and the permittee responsible for the maintenance of good order and
decorum on the premises during all hours of such sale or activity.
No permittee shall permit any loud or boisterous conduct on said premises
nor permit vehicles to impede the passage of traffic on any such roads
or streets in the area of such premises. All such permittees shall
obey the reasonable orders of any member of the Police or Fire Department
of the Borough of Rumson in order to maintain the public health, safety
and welfare. All permitted premises shall at all times be subject
to such reasonable rules as may be made from time to time by the Borough
Council of the Borough of Rumson and shall be subject to inspection
at all times by the Code Enforcement Officer, Chief of Police and
Fire Chief, or any of their agents or any other duly authorized representative
of the Borough of Rumson.
[Ord. 11/9/76, § 6]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
[Ord. 11/9/76, § 7; Ord. No. 08-016G, § 1]
No signs for advertising or directing customers are to be posted
on any place other than premises of applicant. No such sign shall
exceed two feet in size, and be placed on the premises earlier than
two days prior to the sale. All such signs shall be removed by the
permittee, within 24 hours after the sale has terminated.
[Ord. 11/9/76, § 8]
It shall be unlawful for any person to offer for sale mattresses,
bedsprings, cots, lounges and sofas in any garage sale authorized
under this section without first complying with the appropriate section
of N.J.S.A. 26:10-1 through 26:10-18, with respect to the labeling,
sterilizing, disinfecting of the mattresses, bedsprings, cots, lounges
and sofas.
[Ord. 11/9/76, § 9]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement,
and which separate items do not exceed five in number.
d.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sales would
be permitted by the zoning regulations of the Borough, or under the
protection of the nonconforming use section thereof or any other sale
conducted by a manufacturer dealer or vendor and which sale would
be conducted from properly zoned premises and not otherwise prohibited
in any ordinance of the Borough.
e.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption; and
provided further that no such institution or organization shall conduct
a sale in the Borough unless it is the occupant of the premises upon
which the sale is to be conducted.
[Ord. 11/9/76, § 10; Ord. No. 08-016G, § 1]
This section shall be enforced by the Code Enforcement Officer.
It shall be the duty of the Code Enforcement Officer to investigate
any violations of this section coming to his attention, whether by
complaints or arising from his own personal knowledge, and if a violation
is found to exist, he shall prosecute a complaint before the local
Municipal Court pursuant to the provisions of this section. It shall
be the duty of the Borough Police Department to bring to the attention
of the Code Enforcement Officer for further investigation, any violations
of this section of which the Police Department become aware during
the course of its normal duties.
[Ord. 11/9/76, § 11; Ord. No. 08-016G, § 1]
Any person(s), firm(s) or corporation(s) conducting any such sale or similar activity without being properly licensed therefor or violates or neglects to comply with any provisions of this section or any rule or regulation promulgated pursuant thereto, shall be subject to the penalty as stated in Chapter 3, Section 3-1. Each day that such violation shall continue shall be considered a separate violation.
[Ord. 10/22/81, § 1]
Licenses for games of chance including bingo and raffle licenses
are hereby authorized to be issued covering operation of such games
of chance on Sunday as authorized by N.J.S.A. 5: 8-31.
[Ord. 10/27/83, § 1]
As used in this section:
Shall mean a sale or offering for sale to the highest bidder
of any goods, wares, merchandise, personal or real property.
Shall mean the owner or occupant of the premises upon which
the auction is to be conducted.
Shall mean any person, firm or corporation licensed by the
State of New Jersey to conduct or engage in the sale of goods, wares,
merchandise, personal or real property at auction.
[Ord. 10/27/83, § 2]
It shall be unlawful for any person, firm or corporation to
conduct an auction in the Borough without first applying for and obtaining
a license to do so from the Mayor and Council, in the manner hereinafter
provided. All such licenses shall fully comply with the Health Code
of the Borough, and as prescribed in the Revised Statutes of New Jersey
and all regularly adopted ordinances of the Borough, and the laws
of the State of New Jersey.
[Ord. 10/27/83, § 3]
a.
The applicant shall make application in writing for each auction
license to be held and under oath on a form provided by and filed
with the Borough Clerk-Administrator, together with a fee of $125.
The application shall set forth the following:
1.
Full name of the applicant.
2.
Residence and mailing address of the applicant.
3.
Places where the applicant has resided for two years immediately
prior to making application.
4.
If the applicant is a corporation, the location of the registered
office in this State and the name of the registered agent.
5.
Whether the applicant or any of its stockholders or officers have
ever been convicted of a crime.
6.
The type of merchandise to be sold and a certification that the merchandise
to be sold is the sole property of the licensee.
7.
That no prior application for an auction license has been made by
the applicant within 12 months from the date of the application.
8.
If the sale should be conducted for more than one day, the dates
when the sale will be held which must be consecutive days. An additional
$25 shall be paid if the sale is to require a second day.
9.
No permit shall be issued for more than two consecutive days. Any
previews of the auction must be incorporated into this two day period.
No separate previews are permitted.
10.
Name of the bonding company to furnish bond as hereinafter required.
11.
Approval of the application under the terms and provisions of this
section by both the Chief of Police and the secretary of the Board
of Health.
12.
The name and address of the auctioneer who will conduct the auction
and certification that such auctioneer is licensed by the State of
New Jersey.
13.
Upon receiving the permit fee and determining that the permit for
which application has been made would not be in violation of the provisions
of this section, the Municipal Clerk-Administrator shall issue a permit
authorizing the auction for which application has been made.
Nonprofit organizations shall be exempt from the permit fee,
but shall be required to comply with all other applicable provisions
of this section. All schools and churches located in the Borough shall
be exempt from the provisions of this section.
b.
Together with said application and fee, the applicant shall deliver
to the Municipal Clerk-Administrator, a bond or cash in the amount
of $1,000 to the Borough, and to be the inhabitants thereof, protecting
them against fraud or damage arising out of the conduct of any auction.
c.
The Chief of Police shall investigate or cause to be investigated
each application filed including the traffic conditions involved.
He shall report the results of his investigation to the Mayor and
Council who shall after due consideration have the power to grant
or refuse a license.
d.
Before the permit as herein provided shall be issued, the applicant
shall make adequate provision for parking facilities for vehicles
used in and about said auction and for vehicles owned or operated
by persons attending the auction, with due regard to the safety of
pedestrians and the traveling public, and shall obtain from the Chief
of Police of the Borough a certificate to the effect that adequate
precautions have or will be taken to assure and protect the health,
welfare and safety of the aforesaid agents, servants and employees
of the licensee, pedestrians, patrons and the traveling public.
e.
The applicant shall arrange with the Chief of Police to hire off-duty
Rumson police officers to conduct the traffic and parking at the premises
where the auction is conducted and shall deposit in cash prior to
the issuance of the license an amount estimated to compensate the
officers for the time that they will be at the premises conducting
their police duties during the times the auction is being conducted.
[Ord. 10/27/83, § 4]
No license granted under this section shall be transferable.
[Ord. 10/27/83, § 6]
a.
Before the permit as herein provided shall be issued, the applicant
shall provide adequate sanitary facilities for his own agents, servants
or employees and for patrons and public attending the auction, and
shall obtain a certificate under the hand and seal of the Secretary
of the Board of Health of the Borough to the effect that the sanitary
facilities are adequate for the protection of the health and welfare
of the public.
b.
Every person receiving a license pursuant to this section shall be
required to prominently display the same at the location of any auction
conducted by such licensee or permittee.
[Ord. 10/27/83, § 7; Ord. No. 08-016G, § 1]
a.
No auction shall be conducted except by a licensed auctioneer and
between the hours of 9:00 a.m. to 6:00 p.m., prevailing time, on the
day or days for which a permit is issued. No auction shall take place,
be held or be conducted on Sunday. No auction shall be permitted on
a street, sidewalk or public property.
b.
No goods or articles intended to be displayed, offered for sale or
sold in connection with the auction shall be stored out of doors at
night or out of doors at any time while unattended.
c.
No refrigerator or freezer having a capacity of one and one-half
(1 1/2) cubic feet or more, with an attached lid or door which
may be opened and fastened shut by means of an attached latch, lock
or other similar device, shall be displayed, offered for sale or sold
at such auction unless the attached lid or door shall first be removed
and detached therefrom.
d.
No goods, article, or personal or real property shall be auctioned
which is not the personal property of the licensee. Said goods must
have been in the house at least 90 days prior to the auction; property
may not be brought into the house for the sole purpose of the auction.
e.
The sale of food and beverages at an auction is expressly prohibited.
f.
Any public address system must not be audible beyond the auction
premises.
[Ord. 10/27/83, § 8; Ord. No. 08-016G, § 1]
a.
In connection with the conduct of any auction as may be permitted
by the terms of this section, not more than one sign advertising such
auction shall be permitted. Such sign shall be placed only on the
premises at which the auction is to be held. The placement of any
such sign upon any other property, public or private is expressly
prohibited.
b.
The size of any sign permitted by the terms of this section shall
not exceed two by three (2'x3') feet.
c.
No sign advertising any auction regulated by the provisions of this
section shall be erected prior to two hours before the commencement
of such sale.
d.
Any such sign must be removed promptly at the termination of the
auction.
e.
Prior to the posting of any sign advertising an auction there shall
be deposited with the Municipal Clerk-Administrator a sum of $100
in cash to be refunded after compliance with the aforesaid regulations
relating to signs and after the removal thereof.
[Ord. 10/27/83, § 9]
The Chief of Police and/or the Borough Clerk-Administrator shall
have the power to revoke any license or permit issued pursuant to
this section upon violation of any of the following:
[Ord. 10/27/83, § 10; Ord. No. 08-016G, § 1]
[Ord. No. 12-012G, § 1]
a.
The purpose of this section requiring landscaper and tree removal company registration is to ensure that persons defined in subsection 4-9.2 are cognizant of the Borough's regulations concerning the Borough's tree protection and branch collection regulations. Nothing in this section shall relieve any owner, lessee or tenant of his or her responsibility to comply with the requirements of the Borough's Tree Protection Ordinances. In the case of an emergency, the Tree Conservation Officer may waive the registration requirements.
b.
No person shall landscape or engage in any landscaping or tree removal
on any public or private property within the Borough for hire without
first registering with the Municipal Clerk, on forms to be supplied
by the Borough.
[Ord. No. 12-012G, § 1]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present text
include the future, words in the plural number include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
Shall mean to demand and/or accept payment or compensation
for completion of services.
Shall mean to be in the business, occupation or trade of
adorning or improving any property or portion of property by trimming
or cutting grass or shrubs; by planting, installing or removing leaves,
branches, grass, flowers, mulch, hedges or shrubs; or by planting,
removing or installing trees. As used in this section, landscape and
landscaping shall also refer to solicitation of the above-referenced
services.
Shall mean any individual or entity whose existence is recognized
by law, including, but not limited to, any partnership, corporation
(for-profit, nonprofit, or municipal and its agencies), firm, association,
or any combination of the foregoing.
Shall mean the actual removal of trees, or direct or indirect
actions resulting in the effective removal of trees through damage
or poison, or similar actions directly or indirectly resulting in
the death of trees.
[Ord. No. 12-012G, § 1; Ord. No. 14-002G § 2]
a.
At the time of registration, applicants shall provide proof that
they have received a copy of and will comply with the provisions of
the Borough's ordinance regulating its leaf and branch collection
program and tree protection.
b.
Every registration shall be issued and renewed on an annual basis,
effective February 1 of each year, upon payment of an annual fee to
the Borough in the amount of $50 for two tags. Additional tags shall
be furnished at a cost of $5 each at the time of registration; the
cost of replacements for lost or stolen tags shall be $10 each.
c.
No registration shall be required of any owner, lessee or tenant
of real property who shall personally perform activities otherwise
requiring a registration; except that all such work must otherwise
comply with the Borough's ordinance.
d.
The Borough Council may, upon recommendation of the Borough's Tree
Conservation Officer or Borough Superintendent of Public Works, or
designee of one or both, after notice and an opportunity for a hearing,
suspend or revoke any registration for violation of law or related
Borough ordinances, or for good cause, which is shown to be prejudicial
to the public health, safety or welfare. When the Tree Conservation
Officer or Borough Superintendent of Public Works, or designee of
one or both, has reasonable cause or belief that an emergency affecting
the public health, safety or welfare so requires, said official may
temporarily suspend any registration for a period not to exceed one
week or until the Borough Council can be convened to consider said
suspension.
e.
The Borough makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person that is registered by the
Borough to engage in landscaping for hire.
[Ord. No. 12-012G, § 1]
b.
Each instance of engaging in a separate regulated activity, in violation
of this section, including specifically each tree removed, shall be
deemed a separate offense.
c.
In addition, the Borough may institute civil action for injunctive
or other relief to enforce the provisions of this section including
requiring the replacement of all trees illegally removed and/or, at
the option of the Borough, the payment of a contribution to allow
equivalent mitigation on public land.
