[Ord. 6/23/43, § AI; Ord. 08-016G, § 1]
As used in this section:
CANVASSER OR SOLICITOR
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.
HAWKER OR PEDDLER
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."
JUNK DEALER
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.
PERSON
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.
TRANSIENT MERCHANT, ITINERANT MERCHANT AND ITINERANT VENDOR
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:
a. 
Eliciting a declaration of intention of all new businessmen as to whether they intend to remain in the Borough temporarily or longer than a period of one year;
b. 
By requiring a bond in the amount of $1,000 in accordance with and for the purposes provided in N.J.S.A. 45:24-5.
[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]
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.
[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:
VESSEL
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]
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.
[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. 10/27/83, § 1]
As used in this section:
AUCTION
Shall mean a sale or offering for sale to the highest bidder of any goods, wares, merchandise, personal or real property.
APPLICANT
Shall mean the owner or occupant of the premises upon which the auction is to be conducted.
AUCTIONEER
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, § 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:
a. 
The making of a false application for a license.
b. 
The perpetration of a fraud upon any person buying goods, wares or merchandise at such auction.
c. 
The failure to perform the acts required as set forth by this section.
[Ord. 10/27/83, § 10; Ord. No. 08-016G, § 1]
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
[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.
FOR HIRE
Shall mean to demand and/or accept payment or compensation for completion of services.
LANDSCAPE AND LANDSCAPING
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.
PERSON
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.
TREE REMOVAL
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]
a. 
Any person(s), firm(s), or corporation(s) who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punished by imposition of the penalties as stated in Chapter 3, subsection 3-1.1.
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.
[Added 9-10-2024 by Ord. No. 24-008G]
As used in this section, these terms shall have the following meanings:
FAMILY VIDEOS AND PHOTOGRAPHY
The filming or videotaping of motion pictures, or still photography, intended solely for private use.
FILMING
The taking of still or motion pictures either on film, videotape, or similar recording medium, for any purpose intended for viewing on television, in theaters or for institutional uses. This term shall not include family videos and photography and news media, as defined herein, or as otherwise provided herein.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major motion picture studio or corporation for presentation in movie theaters, including any filming activity connected with any part of such a production; provided that the production has an overall budget of $2,000,000 or more.
MOTION PICTURE, TELEVISION PICTURES, STILL PHOTOGRAPHY
All activities attendant to the staging and/or shooting of commercial motion pictures, television series, television movies, commercials and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes.
NEWS MEDIA
Photographic, filming, and/or videotaping for the purpose of a television news broadcast or reporting for print media by reporters, photographers or cameramen.
PUBLIC LANDS
The areas including but not limited to any public building, street, sidewalk, square, park, playground, beachfront, marina, and other public places, which is within the jurisdiction and control of the Borough of Rumson.
STUDENT FILMS
Motion picture, television or still photography produced to satisfy a course or curriculum requirement at an accredited educational institution. The student filmmaker must supply proof that they are currently enrolled in any such educational institution.
[Added 9-10-2024 by Ord. No. 24-008G]
a. 
No person shall use any public lands or private property, public right-of-way, facility, and/or residence for the purpose of taking motion pictures, television pictures or still photography without first applying for and receiving a permit from the Municipal Clerk and/or the Administrator of the Borough of Rumson, as applicable.
b. 
The permit shall set forth the approved location of such filming and also the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three consecutive days in any one location, and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined herein. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
c. 
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and be accompanied by permit fees as required herein.
d. 
If a permit is issued and filming does not in fact take place on the dates specified due to good cause, including, but not limited to, reasons of inclement weather, the Borough Administrator may issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this new permit.
e. 
The provisions of this section shall not apply to news media, family videos and/or student films.
f. 
The provisions of this section shall not apply to all activities attendant to the staging and/or shooting of a segment of a television series where all such activities occur on private property and within a commercial building or other structure which is not in a residential area and is not visible outside of such building or structure, provided that the filming activities do not exceed three days.
[Added 9-10-2024 by Ord. No. 24-008G]
a. 
Permits shall be issued by the Borough Clerk after approval by the Administrator and upon payment of the requisite fees and escrows. Any such review shall determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed. A basic film permit shall be issued by the close of the 10th business day after submission of a complete permit application, which includes any necessary permits from Fire Prevention.
b. 
Expedited permits may be issued by the Borough Clerk after approval by the Administrator and upon payment of the requisite fee. The Borough Clerk or Administrator, after consultation with involved Borough departments, may issue the permit, so long as the application complies with all other requirements of this chapter. The Borough Clerk, Communications Director or Borough Administrator may determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed. Expedited permits shall be issued by the close of the fourth business day after submission of a complete permit application, which includes any necessary permits from Fire Prevention.
c. 
No permits shall be issued unless all fees and reasonably necessary reimbursable expenses are paid to the Borough. An escrow in the amount of $5,000 shall be posted with the Borough to cover any professional expenses or fees required to be paid for the services of Borough professionals who are not employees of the Borough, such as the Borough Attorney or consulting engineers. Any unused balance of such escrow account shall be returned within 30 days of the conclusion of filming.
d. 
No permit shall be issued for filming upon private property unless proof of consent has been provided to the Borough.
e. 
No permit shall be issued for filming upon public property unless the applicant shall provide the Borough with satisfactory proof of the following:
1. 
Proof of insurance coverage, including, but not limited to, for bodily injury to any one person in the amount of $2,000,000 and any occurrence in the aggregate amount of $3,000,000.
2. 
For property damage for each occurrence in the aggregate amount of $2,000,000.
3. 
A written hold harmless and indemnification agreement acceptable to the Borough Attorney.
4. 
The posting of cash or maintenance bond for the value of $2,500 protecting and insuring that the location utilized for the filming will be left, in a satisfactory condition, free of debris, rubbish, and equipment, and that due observance of all Borough ordinances, laws, and regulations will be followed. Within 20 days of the completion of filming, the Borough will return the bond if there has been no damage to the public property or public expense caused by the filming.
5. 
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public property and shall comply with all lawful directives issued by the Borough Police Department, the Fire Chief and the Borough Administrator with respect thereto.
6. 
The applicant shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners as a result of such filming and shall, to the extent practicable, abate noise and park vehicles off the public streets. All vehicles parked on public streets and rights-of-way shall be done so in accordance with all applicable state and local regulations.
7. 
The holder shall not interfere with previously scheduled activities upon public property and limit, to the extent possible, any interference with normal public activity on such public property.
8. 
The applicant shall give written notice of the filming to all businesses and residents directly adjoining the filming location, including the location of all ancillary activities associated with the filming, such as the location of equipment, parking, prep areas, etc., and further provide written proof of such notice at least three business days prior to the submission of a completed permit application. Such written notice shall be in a form acceptable to the Borough Administrator and shall inform such businesses and residents that objections may be filed with the Borough Clerk within the next three business days, said objections will form a part of applicant's application and be considered in the review of the same. However, an applicant may request a waiver of the notice requirement, or if the Administrator finds that by not giving notice there would be less of a potential for disruption, if the permit is granted, then a waiver may be granted by the Borough Administrator, as applicable.
[Added 9-10-2024 by Ord. No. 24-008G]
Filming in residential areas shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. Nighttime filming, after 9:00 p.m., can be considered on a case-by-case basis by the Borough Administrator, who can establish specific limitations and locations. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Added 9-10-2024 by Ord. No. 24-008G]
a. 
The Borough may refuse to issue a permit whenever it determines, on the basis of objective facts and after a review of the application by the Police Department and by other Borough agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.
b. 
The Borough reserves the right to require one or more Borough police officer(s), Fire Department personnel or any such other specialized Borough officials to remain on-site during the times indicated on the permit, in situations where the production may impede the proper flow of traffic, or otherwise impact upon public safety. The cost of all such personnel shall be borne by the applicant as cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.
[Added 9-10-2024 by Ord. No. 24-008G]
The Borough may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, the Borough shall consider factors, including, but not limited to, the following:
a. 
Traffic congestion at the location;
b. 
The applicant's ability to remove film-related vehicles off the public streets;
c. 
Whether the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming;
d. 
Nature of the film shoot itself; e.g., indoor or outdoor; day or night; on public lands or private lands; proximity to residential neighborhoods; potential for disruption of normal residential or business activities; and
e. 
Prior experience of the film company/applicant with the Borough, if any.
[Added 9-10-2024 by Ord. No. 24-008G]
Copies of the approved permit shall be sent to the Police and Fire Official, Fire Prevention Officer, and Borough Administration before filming takes place. The applicant shall permit the Police Department, the Fire Chief or other Borough inspectors to inspect the site and equipment to be used. The applicant shall comply with all safety instructions issued by the Police Department, the Fire Chief, or other Borough inspections.
[Added 9-10-2024 by Ord. No. 24-008G]
In addition to any and all other fees or costs mentioned in this chapter, the applicant shall reimburse the Borough for any lost revenue, including, but not limited to, repairs required to public property, and any revenues that the Borough was prevented from earning because of the filming.
[Added 9-10-2024 by Ord. No. 24-008G]
a. 
With regards to filming being done on a major motion picture, and upon a favorable review of the factors set forth herein, the Borough may grant an exemption of the three consecutive filming day limit and/or the six total filming days within a calendar year limit.
b. 
Any days that are necessary for setup and preparation of a major motion picture filming may, at the discretion of the Borough, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in this chapter.
[Added 9-10-2024 by Ord. No. 24-008G]
Pursuant to Section 4-10, Filming, of the Code of the Borough of Rumson, the following fees are hereby established:
a. 
Basic filming permit: $250.
b. 
Expedited permit (permit needed within seven business days of filming date): $500.
c. 
In addition to the basic or expedited film permit, the daily filming fee on public property for any day on location within the Borough, including prep and wrap days: $500 per day.
d. 
In addition to the basic or expedited film permit, the daily filming fee for a major motion picture on public property for any day on location within the Borough, including prep and wrap days: $1,500 per day.
e. 
In addition to the basic or expedited film permit, the daily filming fee on private property for any day on location within the Borough, including prep and wrap days: $150 per day.
f. 
Daily filming fee for filming a major motion picture for filming on private property for any day on location within the Borough, including prep and wrap days: $500 per day.
g. 
Filming permit for nonprofit applicants filming for educational purposes: no fee.
h. 
Overnight parking/use of Borough lot: at actual cost determined by Borough.
i. 
Police/fire protection: at actual cost determined by Borough.
j. 
Use of Borough buildings: $2,500 per day.
k. 
Use of municipal street or right-of-way: $500 per day per street or right-of-way.
[Added 9-10-2024 by Ord. No. 24-008G]
Where the owner of the premises is not the applicant for a permit required by this section, both the owner and the applicant shall each be liable for violations hereof. Any person violating this section or these rules and regulations, upon conviction thereof, shall be subject to the penalties of no more than $1,000 per day or by imprisonment in the County jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.