[1974 Code § 101-1; Ord. No. 84-31; Ord. No. 04-34-OAB § 1]
For the purposes of this section, the terms used herein are defined as follows:
CANVASSER
Shall mean any person who goes from house to house for the purpose of obtaining the views of any person upon any economic or social question or project, or for the purpose of distributing literature, pamphlets, circulars, samples and the like for the purpose of information or advertising for commercial purpose or for the purpose of soliciting contributions or other purposes.
CHIEF OF POLICE
Shall mean the Chief of Police/Director of Law Enforcement of the Township of Berkeley, or a representative authorized by the Chief of Police/Director of Law Enforcement to perform the acts of the Chief of Police in accordance with this section.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
DOOR-TO-DOOR SALES ENTERPRISE
Shall mean any public or private business, corporation or partnership that produces earnings primarily through door-to-door sales. "Door-to-door sales enterprise" shall include businesses, corporations or partnerships that participate in canvassing, itinerant vending, and/or peddling, as defined herein. "Door-to-door sales enterprise" shall not include an organization that participates solely in nonprofit solicitation, as defined in Subsection 5-1.4 of the Revised General Ordinances of the Township of Berkeley .
ITINERANT VENDOR
Shall mean any person who goes from place to place by traveling on the streets and roads, or from house to house, taking or attempting to take orders for the sale of goods, wares and merchandise or 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 object to be sold and whether or not he is collecting advance payments on such sales. The term shall not include wholesalers calling on retail merchants.
MERCHANDISE
Shall mean all goods, wares, food, fruit, refreshments, ice cream, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use; and orders or contracts for a service, home improvement or alteration shall be, considered "merchandise" within the terms of this section.
OWNER(S) OF DOOR-TO-DOOR SALES ENTERPRISE
Shall be deemed to mean and include all principals who own 10% or more of the equity in the corporation or business, trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
PEDDLER
Shall mean any person who goes from place to place by traveling on the streets and roads, or from house to house, carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
[1974 Code § 101-2; Ord. No. 92-40]
The purpose of this section is to prevent unfair competition, fraud, crime, unethical and dishonest business practices and for the general protection, health and welfare of the residents of the Township. This purpose is effectuated by requiring persons intending to engage in any of the occupations to be licensed by this section to furnish certain preliminary information and to conform to the requirements of this section, and to the extent set forth in this section, to regulate the conduct of persons engaged in any of such occupations.
[1974 Code § 101-3; Ord. No. 84-31; Ord. No. 04-34-OAB § 2]
Except as otherwise provided in Subsection 5-1.4 hereof, it shall be unlawful for any itinerant vendor, hawker, peddler or canvasser to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise, or to solicit orders for the performance of any service, or to engage in canvassing, within the corporate limits of the Township, without first obtaining a license therefor in compliance with the provisions of this section. Such licenses shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed itinerant vendor, hawker, peddler or canvasser for every agent or employee working for him.
a. 
The Chief of Police shall initiate criminal history record background checks of present and prospective canvassers, peddlers, itinerant vendors or owners and employees of a door-to-door sales enterprise as set forth in this section.
b. 
No person shall be licensed as a canvasser, peddler, itinerant vendor or owner or employee of a door-to-door sales enterprise unless the Chief of Police certifies that the person has no criminal history record of a conviction for an offense enumerated in Subsection c of this subsection.
c. 
A person subject to Subsection b of this subsection whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from receiving a license to conduct canvass, peddle, itinerant vend or perform door-to-door sales:
1. 
If the conviction was in New Jersey, for a crime:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.; or
(b) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq. or N.J.S.A. 2C:25-17 et seq.; or
(c) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
(d) 
Involving any controlled dangerous substance or analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except Subsection (4) of Subsection a of N.J.S.A. 2C:35-10.
2. 
If the conviction was in any other State or jurisdiction, for conduct constituting any of the crimes described in Subsection c1 of this subsection.
3. 
The Chief of Police is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and Federal laws, rules and regulations. The applicant shall bear the cost, if any, for the criminal history record background check, including all costs of administering and processing the check.
4. 
The Division of State Police in the Department of Law and Public Safety, upon the request of the Chief of Police, shall conduct a criminal history background check requested by the Chief of Police in accordance to the provisions of this subsection. The check shall be performed only upon certification by the Chief of Police that the person has submitted to the Chief of Police the person's name, address, fingerprints and written consent for a criminal history record background check to be performed.
For purposes of conducting the criminal history record background check, the State Police shall examine its own files and arrange for a similar examination of Federal criminal records. The information obtained as a result of any such check shall be forwarded to the Chief of Police.
5. 
(a) 
A criminal history record background check shall not be initiated pursuant to this subsection without the written consent of the person. The consent required under this subsection shall be in the manner and form prescribed by the Chief of Police and shall include, but not be limited to, the signature, name, address and fingerprints of the person.
(b) 
Upon receiving the results of a criminal history record background check, the Director shall promptly notify any person who has not been convicted of a disqualifying offense. Along with that notice, the Chief of Police shall forward a certification stating that the person has been subject to a criminal history record background check and that the check has not revealed any record that the person has been convicted of a disqualifying offense. The certificate shall be in a form, and contain any additional information, as the Chief of Police may prescribe by rule and regulation.
(c) 
The Chief of Police shall promptly notify a person whose criminal record background check reveals a disqualifying criminal conviction of the results of the background check. The person shall have 30 days from the receipt of that notice to petition the Chief of Police for a review and cite reasons substantiating the review. If the person successfully challenges the accuracy of the criminal history record information indicating a criminal conviction or the person demonstrates affirmatively to the Chief of Police clear and convincing evidence of rehabilitation, the Chief of Police may issue a certificate indicating that the person has successfully cleared a background check.
In determining whether the rehabilitation of a person has been affirmatively demonstrated, the Chief of Police shall consider:
(1) 
The nature and seriousness of the offense;
(2) 
The circumstances under which the offense occurred;
(3) 
The date of the offense;
(4) 
The age of the person when the offense was committed;
(5) 
Whether the offense was repeated;
(6) 
Social conditions which may have contributed to the office; and
(7) 
Any evidence of rehabilitation, including good conduct in the community, counseling, psychological or psychiatric treatment, additional academic or vocational training, or personal recommendations;
(d) 
In the case of a door-to-door sales enterprise, a copy of the notification required under Subsections b and c of this subsection also shall be forwarded to the owner of the enterprise.
(e) 
The Chief of Police shall not certify a person subject to the provisions of this subsection who refuses to consent to, or cooperate in, the securing of a criminal history record background check.
[1974 Code § 101-4; Ord. No. 84-31; Ord. No. 92-40; Ord. No. 93-5; Ord. No. 96-34; Ord. No. 02-48-OAB § 1; Ord. No. 2017-44-OAB]
The requirements of this section shall not apply to the following:
a. 
Any charitable body that shall canvass or conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable object for which the body exists, except that where such body shall undertake to canvass for a period in excess of 14 days, such body shall be required to apply for a license under this section. Any such licenses issued under this section to such body shall be valid only for a period of 14 days.
b. 
Any person honorably discharged from the military service who has a license under N.J.S.A. 45:24-9 et seq.
c. 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity with the law.
d. 
Any religious organization recognized as tax exempt under the United States Internal Revenue Code, provided the organization is not selling or attempting to sell merchandise.
e. 
Any person not otherwise subject hereto engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
f. 
Any person canvassing for a governmental agency.
g. 
Any person canvassing for a political purpose or party. The sale of personal property shall not be exempted under this exception.
h. 
Any charitable organization registered with the State of New Jersey or the Attorney General pursuant to the Charitable Registration and Investigation Act N.J.S.A. 45:17A-18, as it may be amended from time to time.
[1974 Code § 101-5; Ord. No. 95-10; Ord. No. 04-34-OAB § 3]
Every applicant for a license under this section shall file with the Chief of Police a sworn written application, in duplicate, on a form to be furnished by the Police Department, which shall give the following information:
a. 
The name and a description of the applicant.
b. 
The permanent home address and full local address of the applicant.
c. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
d. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The length of time for which the license is desired.
f. 
If a vehicle or vehicles are to be used, a description of such vehicles and license numbers.
g. 
The place where the goods or property to be sold or offered for sale are manufactured or produced and where such goods or property are located at the time such application is filed and the proposed method of delivery.
h. 
Two photographs of the applicant taken within 60 days immediately prior to the date of the application, which photographs shall clearly show the head and the shoulders of the applicant and shall measure two by two inches.
i. 
With regard to itinerant vendors and peddlers, a copy of a valid certificate of authority issued to the applicant pursuant to N.J.S.A. 54:32B-15 empowering the vendor to collect sales tax. The application shall also contain the applicant's New Jersey State Sales Tax Identification Number.
j. 
Two business or banking references located in the County of Ocean, or in the case of a student, one school, college or university reference.
k. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
l. 
If the applicant is not an individual, the names and addresses of the applicant's principal officers, operating managers and all members of the applicant's Board of Directors.
m. 
If the applicant is a nonprofit corporation of the State of New Jersey, a certified true copy of its certificate of incorporation, together with any amendments or supplements thereto.
n. 
If the applicant is a corporation, an instate registered agent must be identified by name and street address.
o. 
If the applicant is an individual, the permanent home address and full local address of the applicant.
p. 
The name and address of the person or persons who will be in direct charge of conducting the sale or offer of merchandise or service(s) and the names of all promoters connected or to be connected with the proposed sale or offer.
q. 
An outline of the method or methods to be used in conducting the sale or merchandise or service(s).
r. 
A schedule of streets or portions thereof which will be canvassed and the preferred dates of such canvassing.
s. 
If the applicant is an individual, a set of fingerprints shall be taken by the Berkeley Township Police Department.
t. 
A statement to the effect that if a license is granted, it will not be used or represented in any way as an endorsement by the Township of Berkeley or by any department or officer thereof.
u. 
Such other information as may be reasonably required by said Chief of Police in order for him to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of any not inimical to the public welfare.
v. 
Applicants shall maintain and produce proof of insurance coverage in the minimum amounts of $100,000 per person for personal injuries, $300,000 per occurrence for personal injuries and $50,000 for property damage. The Township of Berkeley shall be named as an additional insured on all such insurance policies. The insurance coverage shall not be terminated or canceled prior to the expiration date thereon unless 30 days' advance written notice is provided to the Township of Berkeley.
w. 
A temporary license may be issued for a period not to exceed 60 days upon the written recommendation of the Chief of Police.
[1974 Code § 101-6; Ord. No. 95-10; amended 4-17-2023 by Ord. No. 23-15-OAB]
The license fees payable under this section shall be as follows:
a. 
Where no vehicle is involved, the sum of $10.
b. 
Where one vehicle is to be used by the applicant for his business, the sum of $20.
c. 
The further sum of $10 for each additional vehicle to be used for the business for which licensing is sought.
d. 
A fee of $5 made payable to the Clerk's Office for the printing of the No Knock Registry List.
[1974 Code § 101-7; amended 4-17-2023 by Ord. No. 23-15-OAB]
When the application is properly filled out and signed by the applicant and the license fee is paid, the Chief of Police shall issue the license to the applicant, provided that the Board of Health shall have theretofore issued a food handler's license, if required. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold thereunder, the date of issue, the length of time the license shall be operative, the license number and other identifying description of any vehicle used in the peddling, soliciting or canvassing activity licensed. Accompanying the license shall be the most recent copy of the Township's No Knock Registry List for consultation by licensee.
[1974 Code § 101-8]
Before a license shall issue hereunder, the applicant shall file with the Township Treasurer an instrument in writing nominating and appointing the Township Treasurer his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any civil matters connected with or arising out of actions of the licensee in the municipality. Such instrument shall also contain recitals to the effect that the applicant consents and agrees that service of any notice or process may be made upon such agent and, when so made, shall be as valid as if personally served upon the applicant according to the laws of this or any other State, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. The Township Treasurer shall, by certified mail, forward such notice of process to the address shown on the application.
[1974 Code § 101-9; Ord. No. 92-40; Ord. No. 93-5; Ord. No. 2015-36-OAB; amended 6-27-2022 by Ord. No. 22-21-OAB; 4-17-2023 by Ord. No. 23-15-OAB]
Every holder of a license issued by the Chief of Police under the authority of this section or by the Clerk of the County of Ocean under the authority of N.J.S.A. 45:24-9 shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the Township. He shall produce such license or sanitary inspection certificate, as hereinafter provided, at the request of any official of the Township or of any resident of the Township with whom he wishes to conduct, his business or activity. Every such licensee shall restrict his or her activity within the Township of Berkeley to the hours between 9:00 a.m. and 7:00 p.m. prevailing time on Mondays through Saturdays, except in the PRRC communities, which such hours shall be from 11:00 a.m. to 3:00 p.m. prevailing time on Mondays through Saturdays. The licensee shall not engage in any door-to-door business activity on the following family oriented holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
a. 
If a vehicle or vehicles are to be used by the licensee under this section or by a licensee licensed under the authority of N.J.S.A. 45:24-9 et seq., where the business of the licensee is the sale of foodstuffs, within the Township, the licensee shall, before commencing business, present such vehicle or vehicles to the Ocean County Board of Health for inspection. The Ocean County Board of Health shall inspect such vehicle or vehicles and, if satisfied that the vehicle is in a sanitary condition and capable of readily being maintained in a sanitary condition, shall furnish to the licensee a certification that such vehicle, identifying it by license plate number, has been inspected and approved. The licensee shall thereafter have such vehicle or vehicles so inspected and obtain from the Ocean County Board of Health an endorsement to the initial certification of approval at intervals of not more than two weeks from the previous inspection, during the period in which the licensee engages in business. Any such vehicle found to be in an unsanitary condition shall not be used by the licensee in the conduct of business in the Township.
b. 
If a vehicle or vehicles are to be used by a licensee in any operation regulated by this section, the applicant for a license hereunder shall file with the Chief of Police, in addition to the requirements of Subsection 5-1.5, evidence that such vehicles are covered by liability insurance to satisfy any claim for damages sustained by any person as a result of the use by licensee of such vehicle or vehicles in the conduct of his business under this section, resulting in property damage or personal injury. Such insurance shall have a minimum limit of $250,000/$500,000 for personal injury and $10,000/$20,000 for property damage.
c. 
As a condition for the issuance or renewal of any license or permit issued under this section or requiring the approval of the municipality, the applicant shall be required, if he or she is the owner thereof, to pay any delinquent property taxes or assessments on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted.
[1974 Code § 101-10; Ord. No. 93-5; Ord. No. 99-25-OAB § 1; Ord. No. 11-24-OAB]
a. 
No peddler, canvasser or itinerant vendor shall conduct or attempt to conduct his business at any residence or on any property on which is posted a sign expressly prohibiting such activity. A posted sign stating "No Soliciting" or like warning must be honored by all peddlers, canvassers or itinerant vendors.
b. 
No peddler, canvasser or itinerant vendor shall park on public or quasi-public property, with or without permission of the owner or on a public street, for more than five minutes to conduct his business from the vehicle carrying merchandise. No person shall park on private property without the permission of the owner and a license issued under this section. A peddler, canvasser or itinerant vendor may apply to the Chief of Police for a license under the provisions of this section to conduct his or her business on private property only with the written permission of the owner. The Chief of Police shall issue such a permit if the Chief is satisfied that the applicant's business may be conducted on the subject property without harm to the general protection, health and welfare of the residents and, in addition, that the applicant has complied with the provisions of Chapter 35 Land Development by obtaining a zoning permit or site plan approval as required therein.
c. 
No person regulated hereunder, nor a holder of a license under the authority of N.J.S.A. 45:24-9 (see Subsection 5-1.4b and c), shall hawk, peddle and vend any goods, wares or merchandise, including but not limited to food, ice cream and soft drinks, upon any public beach or place of recreation or on any public street adjacent to such beach or place of recreation with exception of the parking lot in Dudley Park.
d. 
No person shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of this municipality or upon any private premises, where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
e. 
Notwithstanding the provisions of Subsection 5-1.4, no person shall engage in any of the activities described in this section within the corporate limits of the Township unless and until such person shall have first registered with the Chief of Police.
[Ord. No. 2015-36-OAB § 2]
No person shall engage in the following acts:
a. 
Promote, influence, or attempt to promote or influence a property owner, occupant, or tenant to list for sale, sell, or remove from a lease real property by referring to race, color, sexual orientation, ethnicity, or religious affiliation of neighbors, prospective buyers or other occupants or prospective occupants of real property.
b. 
Induce directly or indirectly, or attempt to induce directly or indirectly, the sale or listing for sale of real property by representing that the presence or anticipated presence of persons of any particular race, religion, or national origin in the area has resulted or may result in:
1. 
The lowering of property values.
2. 
A change in the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located.
3. 
An increase in criminal or antisocial behavior in the area.
4. 
A decline in the quality of the schools serving the area.
c. 
Make any representations (or misrepresentations) concerning the listing or sale of the anticipated listing for sale or the sale of any real property in any residentially zoned areas for the purpose of inducing or attempting to induce the sale or listing for sale of other real property in such area.
d. 
Make any representation to any prospective purchaser that any block, neighborhood or area has, will, or might undergo an adverse change with respect to the religious, racial, or ethnic composition of the block, neighborhood or area for the purpose of discouraging the purchase of property in a particular area.
e. 
Place a sign purporting to offer for sale any property that is not in fact offered for sale.
f. 
Advertise for sale or rental property which is nonexistent or which is not actually for sale or rental.
g. 
Engage in or hire or conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, create or play upon fear with the purpose of inducing or attempting to induce the sale or listing for sale of real property.
h. 
To solicit or canvass any owner whose name and property address is included on the list maintained by the City Clerk of persons requesting that they not be canvassed or solicited.
i. 
To engage in any economic reprisal or any other form of intimidation against any person because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or conference under the terms of this article.
j. 
To aid, abet, incite, compel or coerce any person to engage in any of the practices forbidden by this article or to obstruct or prevent any person from complying with the provisions of this article.
k. 
Refer, directly or indirectly or by implication, to race, color, creed, ethnicity, or sexual orientation in any advertisement or other solicitation offering real property for sale or rental.
l. 
Solicit or attempt to solicit the sale or rental or the listing for sale or rental of real property without furnishing in written form to the owner or occupier of such real property the name of the person or organization soliciting such sale, rental or listing.
[1974 Code § 101-11]
It shall be the duty of any Police Officer to enforce the provisions of this section and require any person seen peddling, soliciting or canvassing who is not known by such officer to be duly licensed, to produce his license.
[Ord. No. 04-34-OAB § 4]
a. 
The Township Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that canvassing, peddling, itinerant vending and door-to-door sales enterprises are not permitted on the premises (hereinafter referred to as the "Do Not Knock" Registry). Notification shall be by completion of a form available from the Township Clerk's Office during normal business hours, by mail or by phone request. The list shall be updated January 1st and July 1st of each year.
b. 
Any owner and/or occupant who has requested enlistment on the "Do Not Knock" Registry, pursuant to Subsection a herein, shall be able to obtain from the Clerk's Office, a sticker for display at his/her/its premises indicating enlistment on the "Do Not Knock" Registry.
c. 
The Township Clerk shall submit the "Do Not Knock" Registry to the Chief of Police biannually to be distributed to the applicants for a license to peddle, canvass, vend or otherwise sell door-to-door pursuant to the provisions of this section. The licensee shall not peddle, canvass, vend or conduct door-to-door sales at any premises identified on the then current "Do Not Knock" Registry.
d. 
Any canvasser, peddler, itinerant vendor or owner or employee of a door-to-door sales enterprise who violates any provision of this subsection shall be:
1. 
Liable to the penalty stated in Chapter 1, § 1-5.
2. 
Subject to a one-year revocation of any license issued pursuant to the within section; and
3. 
Ineligible to receive a new license, pursuant to the within section, for a period of one year, coinciding with the terms of one-year revocation noted in Subsection d2 herein.
[Ord. No. 2015-36-OAB § 3]
a. 
Investigation and Public Hearing. Based on reports thereof, the Business Administrator and Township Attorney, or their designees, are hereby authorized to investigate incidents of solicitations of real estate in the Township. This investigation may be conducted with the assistance and advice of any and all Township Departments. As part of the investigation, the Business Administrator and the Township Attorney, or their designees, shall conduct a public hearing to determine the nature and extent of, and to develop additional information concerning, these incidents.
b. 
Report. The Business Administrator and Township Attorney, or their designees, shall submit to the Township Council a report detailing the findings of the investigations and any recommended action.
c. 
Cease and Desist Zones.
1. 
If, based on the results of the investigation and public hearing, the Township Council finds (a) that residential real property owners within a defined geographic area of the Township are subject to intense and repeated solicitations or canvassing by real estate brokers and salespersons, or other persons or entities, to list or sell their property; or (b) are subject to intense and repeated canvassing or solicitation by other persons regularly engaged in the trade or business of buying and selling real estate to list or sell their real estate; or (c) have been subject to discriminatory practices prohibited under Subsection 5-1.10A, the Township Council may, by ordinance, establish a "Cease and Desist Zone".
2. 
The geographic boundaries of a Cease and Desist Zone shall be set forth in the ordinance.
3. 
The establishment of a Cease and Desist Zone prohibits real estate brokers, salespersons, or persons regularly engaged in the trade or business of buying and selling real estate, or any other persons or entities, from canvassing for or soliciting the listing or sale of real estate, as defined under Subsection 5-1.1, within the zone's geographic boundaries.
4. 
Residential property owners who wish to continue to receive solicitations may file an affirmative statement to that effect with the Township Clerk.
5. 
A Cease and Desist Zone may remain in effect for a period not to exceed five years from its effective date; however, the zone may be re-established or continued in accordance with the procedures previously set forth. A Cease and Desist Zone may be repealed by ordinance of the Township Council.
6. 
The boundaries of a Cease and Desist Zone may not be amended unless formally repealed by ordinance and a new zone established in accordance with the procedures previously set forth.
d. 
Violations and Penalties. Real estate brokers, salespersons, persons regularly engaged in the trade or business of buying and selling real estate, or any other person or entity, convicted of violating a Cease and Desist Zone are subject to the penalties set forth in Subsection 5-1.20 and may be subject to revocation of any license pursuant to Subsection 5-1.17.
[1974 Code § 101-12]
The Chief of Police shall maintain a record of all licenses and registrations issued under the provisions of this section and shall record therein all convictions for violations of this section and other pertinent circumstances and incidents. A copy of these records shall be forwarded, to the Township Clerk as a part of the official records of the Township.
[1974 Code § 101-13; Ord. No. 92-40; Ord. No. 93-5]
a. 
Licenses issued under the provisions of this section may be revoked by the Mayor or his designee, after notice and hearing, for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
3. 
Any violation of this section. If a person or persons found to be in violation of this section are members of an organized group of canvassers, vendors or peddlers, and the person or persons are found to have violated any provision of this section two or more times in one year, then and in that event the Mayor or his designee may deny licenses to other members of the organized group and may revoke any and all licenses of other members of the group pursuant to the provisions of Subsection b, below.
4. 
Indictment or conviction of any offense involving moral turpitude.
5. 
Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
6. 
Conducting the business licensed with an unapproved or uninspected vehicle where the sale of foodstuffs is involved.
7. 
When any licensee, who is the owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored. The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act.
b. 
Notice of the hearing for revocation of a license shall be given in writing. Such notice shall set forth the specific grounds of complaint and the time and place of hearing and shall be sent by registered mail to the licensee at his last known address at least five days prior to the date set for the hearing.
c. 
Any party whose license has been revoked pursuant to Subsections a and b, above may file a written appeal to the Township Council within five days of the Mayor's revocation. The Council may hear an appeal in its discretion within 30 days thereafter. Any decision rendered by the Council is final and binding.
[1974 Code § 101-14; Ord. No. 92-40]
Any person aggrieved by the action of the Chief of Police in the denial of a license as provided in Subsection 5-1.7 shall have the right of appeal to the Mayor or his designee. Such appeal shall be taken by filing with the Mayor or his designee, within 10 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Mayor or his designee shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in Subsection 5-1.17 for notice of hearing on revocation. The decision of the Mayor or his designee on such appeal shall be final and conclusive.
[1974 Code § 101-15]
All licenses issued under the provisions of this section shall expire December 31 of the year in which they are issued. Any license may be renewed upon payment of the license fee as stated in Subsection 5-1.6 and upon submission by the licensee of a new application in conformity with the requirements of Subsection 5-1.5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up-to-date.
[1974 Code § 101-16; Ord. No. 88-43; New]
Any person, partnership, corporation or other entity who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1]
Editor's Note: Former § 5-2, Builders and Contractors, previously codified herein and containing portions of 1974 Code §§ 111-2 through 111-12 and Ordinance Nos. 559 and 19-76 was deleted in its entirety by Ordinance Nos. 13-31-OAB and 13-31a-OAB.
[1974 Code § 122-1; Ord. No. 92-55; Ord. No. 94-32]
The best interests of the Township and its residents are served by the licensing and regulation of tow truck operators acting pursuant to police request in conformance with New Jersey State law permitting the regulation of the towing of motor vehicles.
[1974 Code § 122-2; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 2017-19-OAB § 1]
As used in this section:
AUTOMOBILE
Shall mean a private passenger automobile, station wagon, light truck, van or similar type vehicle with a GVW of 8,000 or less.
BASIC TOWING SERVICE
Shall mean the removal and transportation of an automobile from a highway, street or other public or private road or a parking area, to or from a storage facility, and other services normally incidental thereto, but does not include recovery of an automobile from a position beyond the right-of-way or berm, or from being impaled upon any other object in the right-of-way or berm.
BUSINESS HOURS
Shall mean the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday, except New Jersey State holidays.
CLASS 1 AND 2 VEHICLES
Shall mean vehicles with a G.V.W.R.
CLASS 1 AND 2 VEHICLES
Shall mean vehicles with a G.V.W.R. up to 10,000 pounds.
CLASS 3, 4, 5 AND 6 VEHICLES
Shall mean vehicles with a G.V.W.R. of 10,001 to 26,000 pounds
CLASS 7 AND 8 VEHICLES
Shall mean vehicles with a G.V.W.R. of 26,001 pounds or greater.
CRUISING
Shall mean the operation of an unengaged wrecker along the public streets in any fashion and intended, likely or calculated to solicit business.
EMERGENCY TOWING SERVICE
Shall mean the towing of any vehicles by a licensed towing operator acting pursuant to police request.
EXTRAORDINARY/UNUSUAL SITUATIONS
Shall mean all situations in which the Chief of Police or his designee determines that specialized training, equipment or experience is necessary to facilitate the removal of vehicle(s).
GVW
Shall mean the maximum loaded weight to be carried by a particular chassis as specified by the manufacturer of the vehicle.
INSIDE SECURED
Shall mean a vehicle storage facility that is completely indoors, having one or more openings in the wall for storage or removal of vehicles, and that is secured by a locking device on each opening.
MOTOR VEHICLE ACCIDENT
Shall mean an occurrence in which a private passenger automobile comes in contact with any other object for which the private passenger automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the owner of the vehicle, even if they were caused by the intentional acts of a third party or perpetrator where the third party or perpetrator was not the owner or not otherwise authorized to engage in such conduct by the owner.
NIGHT, WEEKEND AND HOLIDAY HOURS
Shall mean all times not otherwise classified as "business hours."
OUTSIDE SECURED
Shall mean an automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with a passive alarm system. The facility is to be lighted at night with a minimum of three separate 500 watt fixtures.
OUTSIDE UNSECURED
Shall mean an automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside building or outside secured.
PASSIVE ALARM SYSTEM
Shall mean an electronically powered alarm system which is activated by motion, heat or a beam interrupter system.
STORAGE CHARGES FOR A TWENTY-FOUR-HOUR PERIOD
Shall mean the maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
STORAGE FACILITY CAPACITY
Shall mean the storage capacity of a facility as measured by the number of vehicles which may be safely stored at a given location.
STORAGE SPACE
Shall mean an area designed for the placement of a motor vehicle with a minimum dimension of 10 feet in width by 20 feet in length.
TOW VEHICLE
Shall mean only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of private passenger automobiles.
TOW VEHICLE'S BASE OF USE
Shall mean the towing operator's principal place of business where the tow vehicle is stationed when not in use.
TOWING OPERATOR
Shall mean a person, firm or corporation engaged in the business of providing towing or wrecker services for vehicles towed, which services are made available to the general public upon such maximum rates, charges or fees as contained in Subsections 5-3.14, 5-3.15 and 5-3.16 herein and who is licensed under the provisions of this section.
WINCHING
Shall mean the act of connecting a cable from the wrecker to a vehicle which has left the travelled portion of the roadway as a result of a motor vehicle accident or similar driver action or inaction.
WRECKER
Shall mean a vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles or parts of vehicles which are unable to be operated under their own power, for which a service charge or fee is enacted.
[1974 Code § 122-3; Ord. No. 92-55; Ord. No. 94-32]
No towing operator shall engage in emergency towing services within the Township without first obtaining a towing license in accordance with the provisions of this section. Specifically exempted from this license requirement is the towing, transporting, conveying or removing of vehicles from private property within the Township or towing operators which are directly and privately engaged or designated by the owner of the vehicles to be towed, transported, conveyed or removed.
[1974 Code § 122-4; Ord. No. 92-55; Ord. No. 94-32]
a. 
Equipment Requirements. No license shall be issued to a towing operator who does not possess, for utilization in this business, the equipment outlined in Subsections 1 through 4 below. This equipment shall be titled, registered and insured in the name of the licensee. It shall be inspected by the Chief of Police or his authorized representative prior to a license being issued. The required equipment is as follows:
1. 
At least one wrecker with a J-hook and/or front-wheel lift which is capable of towing both front-wheel-drive and rear-wheel-drive vehicles with a GVW of up to 8,000 pounds.
2. 
At least one flatbed or car carrier with at least one car capacity capable of removing and carrying a vehicle with a GVW up to 10,000 pounds.
3. 
At least one vehicle equipped with tie-down equipment for the carrying of motorcycles, mopeds, ATVs, bicycles, go-carts and other similar off-road vehicles having a weight of up to 2,000 pounds.
4. 
Safety equipment to be carried on all tow trucks should include a universal towing sling; tow hooks and chains; one snatch block for 3/8 to 1/2 inch cable; two high-test safety chains; auxiliary safety light kit to place on the rear of a towed vehicle; licensed 360° revolving amber light; tool box with assortment of hand tools; rear working lights and rear marker lights; cab lights; body clearing lights located to clear a towed vehicle; blocking choke for the wrecker while working; safety cones; shovel and broom; 30 gallon refuse container; steering wheel lock or tie-down; two-way radio communication system; with at least one ABC-type fire extinguisher, 15 pound minimum.
b. 
Other Facilities. Each towing operator shall maintain within five miles of the Township limits both an outside secured storage facility for twenty-four-hour security and an inside secured storage facility for the storing of impounded vehicles involved in criminal transaction, the close proximity of such facilities being requisite to the efficient and economical performance of the tow operator's duties.
[Amended 11-19-2018 by Ord. No. 18-60-OA]
c. 
General Standards.
1. 
All towing operators and their employees shall be fully trained and knowledgeable in the operation of all required equipment and shall successfully complete a certification examination administered by the Chief of Police or his/her authorized representative.
2. 
All towing operators and their employees shall display to the Chief of Police or his/her authorized representative on an annual basis a valid New Jersey driver's license and commercial driver's license and shall be subject to background investigation by the Berkeley Township Police Department.
3. 
All towing operators must be available for service on a twenty-four-hour, seven day a week basis while on any rotating list for police towing.
4. 
Insurance.
(a) 
All towing operators shall maintain and produce proof of the following insurance coverage to the Township Clerk:
(1) 
Garage keepers' liability policy in the amount of $300,000 for any one claimant, and $1,000,000 for more than one claimant, with $100,000 of coverage for property damage for any one event.
(2) 
Automobile liability insurance in an amount not less than $1,000,000 combined single limits.
(3) 
A general liability policy which holds the Township harmless for any and all risk of loss of liability.
(4) 
Automobile insurance policy endorsed to provide collision coverage for vehicles in tow.
(b) 
All insurance policies outlined above shall name the Township as an additional insured.
5. 
All towing operators shall be required to have a favorable review from both the Better Business Bureau and the Ocean County Department of Consumer Affairs.
6. 
All towing operators, to the degree possible, shall be located within their towing areas in order to ensure response to calls within 20 minutes during business hours and 30 minutes during night, weekend and holiday hours.
[1974 Code § 122-5; Ord. No. 92-55; Ord. No. 94-32]
a. 
Any person applying for a license under this section shall complete and file with the Township Clerk an application form, which shall be made available by the Township Clerk, and which shall call for the following information:
1. 
The name and address of the person or entity to be licensed.
2. 
The make, model and motor vehicle registration number of each vehicle to be employed by the licensee and its towing operation. This shall include a copy of a valid New Jersey registration certificate.
3. 
The street address and lot and block number and description of the location to be maintained by the licensee as a storage area.
4. 
The name, address, social security number, date of birth and driver's license number of all employees of the applicant.
5. 
If the applicant is a corporation, partnership or other entity, the names, addresses and social security numbers of each individual holding an interest in the ownership of such corporation, partnership or other entity.
6. 
If the applicant is a corporation, partnership or other entity, copies of the articles of incorporation, together with a list of the names, addresses and social security numbers of all officers and employees of such corporation, partnership or other entity.
7. 
Copies of proof of insurance information required to be maintained in Subsection 5-3.4c4.
8. 
A statement of nondiscrimination in employment practices as required by law.
9. 
Proof of worker's compensation coverage for employees as required by law.
10. 
A notarized statement:
(a) 
Holding the Township harmless for any services performed by the licensee unless those services are performed for vehicles owned by the Township.
(b) 
Agreeing to proceed directly against the consumer for any disputes as to payment of any charges or fees.
b. 
Such application shall be accompanied by a fee payable to the Township in the amount of $100. Upon the issuance of a license under this section, an additional fee of $250 shall be payable by the applicant to the Township. The fees provided for under this section shall be nonrefundable for any reason.
c. 
Upon receipt of a completed application, together with the application fee provided in Subsection b above, the Township Clerk shall forward a copy of the application to the Chief of Police, who shall review the application, and the Chief of Police or his/her designee shall inspect all storage facilities and tow vehicles/wreckers to determine whether the applicant meets those licensing standards and rules and regulations provided for in this section. After his/her review, the Chief of Police shall forward a written report to the Township Council indicating his/her recommendation as to whether the application shall be approved.
d. 
Upon the receipt of such written recommendation, the Township Council shall either approve or disapprove the issuance of a license under this section. Should the Township Council approve the issuance of a license, the applicant shall be issued a license in a form promulgated by the Chief of Police, which shall contain the name and address of the licensee, a license identification number and the signature of the Chief of Police.
[1974 Code § 122-6; Ord. No. 92-55; Ord. No. 94-32]
Licenses issued pursuant to this section shall be valid from January 1 of any calendar year or the date of their issuance, whichever is earlier, through December 31 of each calendar year. All applications for licenses or renewals of licenses shall be submitted in accordance with this section between November 1 and November 30 for consideration during the upcoming year.
[1974 Code § 122-7; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 2017-19-OAB § 2]
In order to ensure the provision of a safe and efficient towing service, towing licenses pursuant to this section shall be issued upon the following basis:
a. 
Mainland. Five licenses for those portions of the Township of Berkeley lying west of the Barnegat Bay may be issued by the Township.
b. 
Beach Areas: Pelican Island and South Seaside Park. For those sections of the Township lying east of the Barnegat Bay, one or more licenses may be issued. Should no licenses be issued under this section for the beach area of the Township of Berkeley, the Chief of Police or his/her authorized representative may use towing services outside the Township or beach area.
[1974 Code § 122-8; Ord. No. 92-55; Ord. No. 94-32]
The Township reserves the right to rotate licensees on a weekly basis in order to ensure the provision of safe, prompt and efficient towing services within the borders of the Township.
[1974 Code § 122-9; Ord. No. 92-55; Ord. No. 94-32]
a. 
The Governing Body hereby designates the Police Department generally and the Chief of Police particularly as the supervising authority to enforce the provisions of this section as well as any rules and regulations adopted hereunder. The following shall constitute a list of rules and regulations, which may be amended and supplemented as provided in Subsection b:
1. 
No towing operator shall engage in cruising as defined in this section.
2. 
No towing operator shall solicit or attempt to divert patrons of another towing operator, whether or not licensed under this section, nor shall a towing operator solicit or divert prospective patrons of a given repair service to another repair service.
3. 
No flashing lights or sirens shall be used by a towing operator except by permission granted by the Chief of Police under the provisions of N.J.S.A. 39:11-1 et seq.
4. 
Prior to license renewal and again during the months of May through July, and at such other times as the Chief of Police shall deem necessary to investigate any complaints for violating any provision of this section, each towing licensee under this section shall be inspected by a representative of the Police Department for fitness to receive/maintain a license pursuant to the terms of this section.
5. 
Each licensed towing operator shall at all times maintain and carry the necessary equipment to remove disabled or locked vehicles or equipment necessary to operate or open vehicles.
6. 
Each towing operator, prior to departure from the scene of the towing services, shall clean and clear the streets of any customary debris resulting from any accident at such scene and shall at all times carry the necessary equipment to perform such cleaning services.
7. 
No towing operator, licensed under this section or otherwise, shall respond to the scene of an accident except upon the request of the driver or owner of the vehicle or vehicles involved, or except upon notification by the channel of communication established by the Police Department to notify licensed towing operators of the necessity of its presence. The officer investigating accidents that require towing service shall get verbal authorization from the driver or owner when an unlicensed towing service is to be engaged.
8. 
The refusal of a tow operator to tow from a scene, the type of car refused and the reason for the refusal, if know, shall be reported by the Police Officer assigned to the incident, to his/her superior. The report of refusal shall be furnished to the Chief of Police and the Township Clerk as soon as is practicable.
9. 
Towing operators shall arrive at the scene to which dispatched within a reasonable time after being dispatched. Under normal circumstances, such reasonable time limit is defined as within 20 minutes during business hours and 30 minutes during night, weekend and holiday hours.
10. 
When an unusual situation occurs which may be dangerous to the safety of the public, such as dangerous cargo, solvents, fluids, natural gas, etc., or where specialized equipment not required by licensees under this section may be required, the most qualified towing operator will be selected by the Berkeley Township Police Department without regard to any list established or license required under this section.
11. 
When no designation has been made, licensed towing operators are authorized to remove the vehicle to the towing operator's place of business, except as provided herein.
12. 
No towing operator shall perform any repair work on a motor vehicle which has been towed, hauled, winched, stored or impounded pursuant to the authority contained in this section, without the voluntary written authorization of the owner of the vehicle. Nothing in this section shall be constructed as prohibiting towing operators or their employees from making whatever repairs are needed in order to safely transport or tow the disabled vehicle.
13. 
Where vehicles are towed to premises controlled by the Police Department for purposes of utilizing the vehicle or its contents as evidence or for other purposes, such vehicle shall not be released from police custody unless the owner of the vehicle furnishes the Police Department with a receipt that towing service fees have been paid or otherwise waived pursuant to the provisions of this section.
14. 
No prepaid fee shall be charged by a licensed towing operator to the owner of a stolen motor vehicle which has been recovered by the Chief of Police or his/her authorized representative and towed to premises controlled by the Police Department for the purpose of utilizing the vehicle or its contents as evidence. In such cases, the licensed towing operator will be required to release the vehicle to the owner without pre-payment. The towing operator shall agree to accept payment as follows:
(a) 
From the owner's insurance policy;
(b) 
From any fund created by the Police Department for the recovery of stolen vehicles; or
(c) 
From the owner, when the options in Subsections (a) and (b) above have been exhausted.
15. 
In all cases where motor vehicles are towed for illegal parking, summonses for such offenses shall be issued prior to towing.
16. 
No towing operator shall employ, directly or indirectly, any personnel or employees of the Police Department.
17. 
Each licensee under this section shall maintain a log on forms to be provided by the Chief of Police or his/her authorized representative of all vehicles towed, stored and released and all other services rendered, together with an itemized list of all fees charged for any such vehicle, which log shall be provided to the Chief of Police or his/her authorized representative on both a monthly basis and upon request during regular business hours.
18. 
In the event that an operator of a towing service is not responsive within 20 minutes during business hours and 30 minutes during night, weekend and holiday hours, the officer on the scene may call the next towing service on any list maintained by the Police Department.
19. 
Each towing operator shall utilize auxiliary lighting equipment on all towed vehicles unless the brake and tail lights of the towed vehicles may be placed in proper working order prior to any tow.
b. 
The Chief of Police shall be empowered to promulgate additional rules and regulations which, in his/her judgment, shall be necessary in order to enforce and implement the standards, requirements and rules and regulations provided for under this section. Such rules and regulations shall not become effective until approved by resolution adopted by the Township Council. Upon the adoption of such resolution, the Township Clerk shall forward a copy of such rules and regulations to each such person or entity licensed under this section by certified mail, return receipt requested.
c. 
The Berkeley Township Police Department shall maintain a log of dates, times and locations of all calls to licensed tow operators under this section. The records shall be available for inspection by any licensed towing operator upon reasonable notice.
d. 
The Township Clerk shall maintain such regulations and fee schedules of individual licensed tow operators for inspection by the public during the normal business hours of the Township.
[1974 Code § 122-10; Ord. No. 92-55; Ord. No. 94-32]
a. 
The Chief of Police or his/her designee shall have the authority to issue written warnings to tow operators who violate any of the following provisions:
1. 
Lateness/failure to respond within a reasonable time limit: Subsection 5-3.9a9.
2. 
Failure to use lighting equipment on towed vehicles: Subsection 5-3.9a19.
3. 
Failure to provide a written estimate of storage charges to the owner/driver of a towed vehicle: Subsection 5-3.16.
4. 
Exerting undue influence upon the owner/driver of a towed vehicle to have repair work completed at the tow operator's place of business: Subsection 5-3.9a12.
5. 
Such other violations of the rules and regulations of this section as the Chief of Police or his/her designee shall determine to be appropriate for a written warning and not for more severe sanctions under this section.
b. 
The Chief of Police or his/her designee shall have the authority to suspend a tow operator from the tow list established in accordance with the provisions of Subsection 5-3.8 for a period of 30 days for a second violation of any of the provisions of Subsection a above.
c. 
The Chief of Police or his/her designee shall have the authority to summarily suspend the license of a tow operator for a third violation of any of the provisions of Subsection a above or for any of the following violations:
1. 
Overcharging of rates.
2. 
Use of unapproved equipment.
3. 
Damaging vehicles in tow due to the incompetence of the tow operator.
4. 
Creating a hazardous condition.
5. 
Failing to follow the directions of a Police Officer.
6. 
Interfering with the Police.
7. 
Failure to remove towed vehicle to the location specified by the Police.
8. 
Use of unlicensed operators.
9. 
Use of unlicensed equipment.
10. 
Any other situation in which the Chief of Police or his/her designee determines that a summary suspension is in the best interest of the public health, safety or welfare of the Berkeley Township Police Department, the Township of Berkeley or its citizens.
d. 
The Township Council shall have the right to suspend or revoke any licenses issued under this section for good cause shown, upon written complaint of the Chief of Police or his/her designee following his/her determination that there is probable cause for a revocation or suspension.
1. 
Written notice of such complaint and the basis of the complaint shall be given to the towing operator, along with notification of any summary suspension imposed.
2. 
Any summary suspension imposed under Subsection c above shall constitute probable cause for revocation or suspension and shall remain in effect pending final determination of the complaint by the Township Council.
3. 
Except as provided below, within 10 days from the receipt of written notice of such complaint and the basis therefor, the towing operator may request, in writing, a hearing before the Township Council President prior to the final determination of the complaint by the Township Council.
4. 
Where a tow operator is charged with the use of unlicensed operators or equipment and no hearing is requested within five days from the receipt of written notice of such complaint and the basis therefor, the matter will be submitted to the Township Council for final determination on the suspension or revocation of the tow operator's license under this section.
5. 
In all other cases, or where no hearing is requested, the Township Council shall make a final determination on the suspension or revocation of the tow operator's license under this section within a reasonable time after the expiration of the ten-day period following the operator's receipt of written notice of such complaint and the basis of the same.
[1974 Code § 122-12; Ord. No. 92-55; Ord. No. 94-32]
Only one license shall be issued to any person or entity. No license shall be issued to any person or entity where any of its owners, principals, partners, officers or employees are owners, principals, partners or officers of any other towing operator licensed under this section.
[1974 Code § 122-13; Ord. No. 92-55; Ord. No. 94-32]
No license issued pursuant to this section shall be transferable, and, upon cessation of activity through revocation or otherwise, the license shall be deemed to be null and void.
[1974 Code § 122-14; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 06-57-OA § 1; Ord. No. 11-09-OAB; Ord. No. 2017-19-OAB § 3]
a. 
No licensee shall charge more than the following fees:
1. 
For emergency towing or transportation relative to any disabled vehicle:
(a) 
Class 1 and 2 Vehicles (G.V.W.R. up to 10,000 pounds):
[1] 
Tow from scene to shop or location: $125.
[2] 
Motorcycle; any motorized dirt bike, sport bike, Street bike or quad: $150.
[3] 
Off-road recovery winching/lifting: $150 per hour.
(b) 
Class 3, 4, 5 and 6 Vehicles (G.V.W.R. 10,000 pounds to 26,000 pounds):
[1] 
Tow from scene to shop or location: $175.
[2] 
Off-road recovery winching/lifting: $200 per hour.
(c) 
Class 7 and 8 Vehicles (G.V.W.R. 26,000 pounds or greater):
[1] 
Tow from scene to shop or location: $300.
[2] 
Off-road recovery winching/lifting: $200 per hour.
(d) 
Debris cleanup/absorbent is mandatory (N.J.S.A. 39:4-56.8). Crash only, flat fee cleanup: $25.
2. 
Township Vehicles. Notwithstanding the foregoing, the fees for towing Township vehicles or changing tires on Township vehicles shall be $50 for vehicles 9,000 pounds or less per incident.
3. 
For winching of disabled vehicles as follows:
(a) 
Class 1 and 2 vehicles - $150 an hour.
(b) 
Class 3, 4, 5 and 6 vehicles - $200 an hour.
(c) 
Class 7 and 8 vehicles - $275 an hour.
(d) 
Dolly use/Air Line disconnect/Release linkage, brakes (per axle) - $25 each.
(e) 
No tow agency shall be allowed to charge any fee not defined in this section unless previously authorized by owner or lessee of the vehicle being towed.
(f) 
Towing rates must be posted in a conspicuous place of each tower's business where it will be visible to the general public.
4. 
For recovery of stolen vehicles as follows:
(a) 
Vehicles which have all wheels and are capable of being towed safely, the rates as shown in Subsection a1 of this section shall be applicable.
(b) 
All stolen vehicles recovered and towed under this section shall be taken to a location as directed by the Berkeley Township Police Department.
(c) 
In addition to the revocation of any licenses issued under this section, violations of the provisions of this section may be punished in accordance with Chapter 1, Subsection 1-5.1.
(d) 
No storage or administrative fees will be charged for recovered stolen vehicles.
[1974 Code § 122-15; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 06-57-OA § 2]
No licensee shall charge more than a rate of $35 for road service, together with the following:
a. 
Tire change: $20.
b. 
Jump start: $15.
c. 
Gas: $10 (at market value).
d. 
Pull-out: $70.
e. 
Hook-up and pull to side of road: $70.
[1974 Code § 122-16; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 06-57-OA § 3]
a. 
No licensee shall charge more than the following storage charges for a twenty-four-hour period:
1. 
Inside secured storage facility with a storage capacity of:
(a) 
Twenty-one or more spaces: $25.
(b) 
Ten to 20 spaces: $30.
(c) 
Fewer than 10 spaces: $35.
2. 
Outside secured storage facility with capacities of:
(a) 
Twenty-one or more spaces: $20.
(b) 
Ten to 20 spaces: $25.
(c) 
Fewer than 10 spaces: $30.
3. 
Outside unsecured storage facility with capacities of:
(a) 
Twenty-one or more spaces: $15.
(b) 
Ten to 20 spaces: $20.
(c) 
Fewer than 10 spaces: $25.
b. 
Violations of the storage fee provisions of this section shall subject the licensee to revocation of license, together with such other penalties permitted by Chapter 1, Subsection 1-5.1.
c. 
These rates shall be posted in a prominent place at the licensee's business establishment and shall be provided to customers prior to any tow where storage will/may be involved. They shall also be printed upon or appended to any invoice or receipt given to the owner of any vehicle towed under this section.
d. 
Notwithstanding the provisions above, no tow operator shall charge the Township any fees for the storage of abandoned, unclaimed or municipal vehicles which exceed the following rates established by N.J.S.A. 40:48-2.50:
1. 
A limit of $3 per day for the first 30 days of storage per vehicle.
2. 
A limit of $2 per day for the 31st day of storage and any day thereafter.
3. 
A limit of $400 per vehicle stored regardless of the duration of the storage; except that a waiver may be granted for good cause shown upon the request of a municipality to the Division of Local Government Services in the Department of Community Affairs.
e. 
Violations of Subsection d above are punishable pursuant to the terms N.J.S.A. 40:48-2.51 in addition to any other remedies provided for violations under this section.
[Amended 1-28-2019 by Ord. No. 19-02-OAB]
In view of the public health concerns associated with the use of kratom, the sale of kratom within the Township of Berkeley is hereby prohibited. This ban shall not apply to any establishments selling kratom prior to the adoption of this section. Violation of this section shall be subject to the penalties set forth in § 1-5.
[1974 Code § 113-1; Ord. No. 10-78]
No person shall advertise, represent or hold out that any sale of goods, wares and merchandise is an insurance salvage, bankruptcy stock, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, expiration of lease, closing-out, selling out or quitting business at any particular location sale; or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise; or a sale of the goods, wares and merchandise of a former owner thereof, whether in the seller's own name or that of the form owner, at any location other than the seller's bona fide retail establishment where he has been in business for a period of at least one year prior thereto in the Township; and it shall be unlawful for any person, in any of the advertising in connection with any sale, except at a sale conducted at the seller's bona fide retail establishment where he has been in business for a period of at least one year, to use the words "bankrupt," "bankrupt stock," "United States District Court," "assignee," "receiver" or "trustee" without first filing with the Township Clerk the inventory hereinafter provided for and obtaining from the Township a license so to do, to be known as a "closing-out-sale license;" provided, however, that nothing in this section shall be deemed to apply to:
a. 
Sheriffs, constables and other public or court officers.
b. 
Any other person, acting under the direction of any court of record, selling goods, wares and merchandise in the course of his/her official duties.
c. 
Any publisher of a newspaper, magazine or other publication who publishes in good faith any advertisement without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this section have not been complied with.
[1974 Code § 113-2; Ord. No. 10-78]
Only one such license shall be issued to any one such person within a twelve-month period, and no such license shall be issued for more than 30 days.
[1974 Code § 113-3; Ord. No. 10-78]
a. 
The inventory required by Subsection 5-6.1 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the cost/price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized. By affidavit at the foot thereof, he or such agent shall swear or affirm that the information therein given is full and true and known by him or such agent to be so.
b. 
It shall be unlawful to sell, offer or expose for sale at any such sale or to list on such inventory any goods, wares or merchandise which is not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purposes of such sale or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the Township may ascertain the kind and quantity or number sold.
[1974 Code § 113-4; Ord. No. 10-78]
The Township may, in its discretion, verify the details of an inventory filed for the purpose of obtaining a closing-out-sale license or it may make a check and verify the items of merchandise sold during the sale, and it shall be unlawful for any person to whom a closing-out-sale license has been issued to fail or refuse to give the Township, the Code Enforcement Officer or any person designated by it for that purpose, all the facts connected with the stock on hand or the proper information of goods sold or any other information that it may require in order to make a thorough investigation of all phases connected with the sale.
[1974 Code § 113-5; Ord. No. 10-78]
a. 
The license to be issued under the provisions of this section shall not authorize any person except the designated licensee to engage in business under each license. Such license shall not be transferable from the person to whom issued to any other person, except upon the transferee complying with all the provisions of this section in relation to original application and license, and shall then only be transferable in case the original license is in order.
b. 
The fee for each license, payable to the Township Clerk, shall be as follows:
1. 
For a period not exceeding 10 days: $50.
2. 
For a period not exceeding 20 days: $100.
3. 
For a period not exceeding 30 days: $150.
[1974 Code § 113-6; Ord. No. 10-78]
The license referred to herein shall be on display at all times at the place designated in the application for such license.
[1974 Code § 113-7; Ord. No. 10-78]
A license may be revoked by the Township for the violation of the terms of the license or falsification in applying for the license or when, in the opinion of the Township, the business so licensed is conducted in a manner contrary to law or to the public health or to the safety of the life or limb of the public. Before a license is revoked, the licensee shall be accorded a hearing before the Township Council upon at least two days' notice, in writing. The decision of the Township Council shall be final as to revocation.
[1974 Code § 113-8; Ord. No. 10-78]
A license may be suspended for not more than two weeks by the Township Council upon probable cause being shown that the license should be revoked.
[1974 Code § 113-9; Ord. No. 10-78]
The Township Council shall hold such hearing and make such investigations as it may deem necessary in carrying out the provisions of this section in relation to suspension or revocation of licenses.
[1974 Code § 113-10; Ord. No. 10-78]
No person shall:
a. 
Prior to the acquisition of a license, conduct the sale, advertise the sale or proposed sale by any means whatsoever.
b. 
Permit any advertisement of the sale to continue after the licensed period of the sale has run.
c. 
Bring or permit to be brought to the licensed premises or place where the sale is being conducted any goods, wares or merchandise not included in the inventory during the licensed period of the sale.
d. 
Falsely advertise the sale or any phase of it or any of the goods, wares or merchandise sold or offered or listed for sale.
e. 
Conduct or continue the sale after the licensed period has run.
f. 
Fail to submit with an application for a license a complete schedule of the advertisement medium or mediums to be used in the sale. No advertisement of such sale shall be painted or erected on or in any premises other than where the sale is licensed to be held.
g. 
Fail to notify the Township Clerk, in writing, when the sale is concluded. When the sale is concluded, all advertising of the sale shall be immediately discontinued.
h. 
Make application for such sale until all taxes levied by the municipality against the personal property to be sold have been paid.
i. 
Make an application for a sale at any premises which is or may become, during the proposed sale period, unsafe for such purpose.
[1974 Code § 113-11; Ord. No. 88-43; New]
Any person, partnership, corporation or other entity who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 113-14; Ord. No. 88-55; Ord. No. 01-36-OAB]
As used in this section:
GARAGE SALE
Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "estate sale," "rummage sale," "yard 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 the sale. Flea markets shall be regulated under § 5-8.
GOODS
Shall mean and include any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Shall mean and include individuals, partnerships, associations and corporations for profit. All nonprofit associations and organizations such as, but not limited to, homeowners' associations and first aid and volunteer fire companies shall be governed by § 5-8.
[1974 Code § 113-15; Ord. No. 88-55; Ord. No. 06-34-OAB § 1]
A garage or yard sale can be conducted between the hours of 9:00 a.m. and 5:00 p.m., Monday through Sunday.
[1974 Code § 113-16; Ord. No. 88-55; amended 4-17-2023 by Ord. No. 23-16-OAB]
A garage or yard sale can only be conducted by the assessed owner of the premises. If an individual or business other than the assessed owner(s) is conducting the sale, they shall provide the Township with a notarized letter or contract from the assessed owner(s) granting approval to conduct the sale. Any business conducting the sale shall provide a copy of their current insurance policy covering the business.
[1974 Code § 113-17; Ord. No. 88-55; Ord. No. 01-26-OAB; Ord. No. 11-02-OAB; 8-26-2019 by Ord. No. 19-29-OAB]
The assessed owner of a property may have two garage or yard sales per year. Each sale may not consist of more than three consecutive days. A permit is required to be obtained from the Municipal Clerk for each and every yard sale conducted. There is no fee for the first permit. Thereafter, the Municipal Clerk shall charge a nonrefundable fee of $5 per permit.
[1974 Code § 113-18; Ord. No. 88-55]
Garage or yard sales are not permitted on the premises of apartment complexes.
[1974 Code § 113-19; Ord. No. 88-55; Ord. No. 2014-29-OAB]
a. 
Garage or yard sale signs shall be set back at least 10 feet from the curb or highway.
b. 
Only two signs are permitted for a garage or yard sale.
c. 
A garage or yard sale sign cannot measure more than four feet wide and four feet high and must be properly mounted to stand free.
d. 
A garage or yard sale sign can be posted on trees, poles, shrubs, vehicles, dwellings or structures.
e. 
Signs shall be permitted to be posted 24 hours in advance of any garage sale and must be removed within 24 hours after the sale.
[1974 Code § 113-20; Ord. No. 88-55]
All articles, tables, displays, racks, etc., shall be set back at least 10 feet from the curb or highway.
[1974 Code § 113-21; Ord. No. 88-55]
a. 
A garage or yard sale shall be conducted in a neat and orderly fashion.
b. 
Small articles or objects shall be displayed on tables.
c. 
Clothing and wearing apparel shall be displayed on racks or tables.
[1974 Code § 113-22; Ord. No. 88-55]
All garage or yard sales cannot impede nor cause to disrupt motoring traffic or neighborhood parking.
[1974 Code § 113-23; Ord. No. 88-55]
All garage or yard sale items, tables, displays and signs shall be removed from the premises at the end of each sale day.
[1974 Code § 113-24; Ord. No. 88-55]
No food or beverages may be sold or offered free at a yard or garage sale.
[1974 Code § 113-25; Ord. No. 88-55]
No hawking or sound device, recording system or public address system can be used at a garage or yard sale.
[1974 Code § 113-26; Ord. No. 88-55; New]
Any person, partnership, corporation or other entity who violates any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 81D-1; Ord. No. 19-83]
a. 
For the purposes of this section, the following terms shall have the meanings indicated:
FLEA MARKET
Shall mean a sale of items of tangible personal property wherein on one location there are one or more vendors who have paid a fee for the privilege of occupying this space allotted to such vendor or vendors for the purpose of displaying and selling items of tangible personal property, other than in a building or structure which is a valid nonconforming structure or which has received site plan approval.
b. 
A vendor who has received a license under § 5-9 and otherwise complies with the zoning regulations shall be excepted from the provisions herein.
[1974 Code § 81D-2; Ord. No. 19-83]
No person, firm or corporation may conduct or operate a flea market, other than a bona fide charitable, eleemosynary, educational, cultural organization or a public service organization, such as but not limited to a first-aid squad or volunteer fire company, all of which are not organized for profit; subject, however, to the following requirements:
a. 
Each organization authorized to conduct or participate in displaying or selling at a flea market in accordance with this section shall file an application with the Township Clerk with a fee of $10 prior to the commencement of any such flea market sale, which application shall set forth:
1. 
The name of the organization conducting the sale.
2. 
The name and address of the owner of property upon which the flea market sale is to be conducted.
3. 
Written consent of the owner of the property, if the applicant is other than the owner of the property.
4. 
The street address or Tax Map lot and block of location at which the flea market sale is to be conducted.
5. 
A copy of the charter, certificate of incorporation or other evidence of the organization's being a bona fide charitable, eleemosynary, educational, cultural or public service organization organized not for profit.
6. 
A sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
b. 
In the event the application is in proper form, the Clerk shall issue a permit.
[1974 Code § 81D-3; Ord. No. 19-83]
No flea market shall be more than three consecutive days in duration.
[1974 Code § 81D-4; Ord. No. 19-83]
In the event that any charitable organization holds more than four flea markets in one calendar year, a license must be obtained; an application and a fee shall be forwarded to the Township Clerk by such organization for such license. The license fee shall be $50. The application for a license shall contain the following information, in addition to the information contained in Subsection 5-8.2.
a. 
The proposed dates and duration of flea markets.
[1974 Code § 81D-5; Ord. No. 19-83]
Names and addresses of all parties and individuals who have paid a fee for the privilege of occupying an allotted space at any flea market shall be retained by the licensee for a period of one year. The list shall be available for police inspection any time.
[1974 Code § 81D-6; Ord. No. 19-83]
No flea market shall be conducted prior to 9:00 a.m. and subsequent to 8:00 p.m.
[1974 Code § 81D-7; Ord. No. 19-83]
No flea market shall be so situated or conducted in such a manner as it shall interfere with the free flow of traffic or provide, in the estimation of the Police Department, a hazard to the public health, safety or welfare. The police shall have the authority to require that certain safety devices be erected if warranted. If the requirements are not met, then the police shall have the authority to close down the flea market.
[1974 Code § 81D-8; Ord. No. 19-83]
Any and all signs shall comply with the sign regulations of the Township.
[1974 Code § 81D-9; Ord. No. 19-83; Ord. No. 88-43; New]
Any person, partnership, corporation or other entity who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5. Each day of violation may be a separate offense hereof, at the discretion of the Court.
[Ord. No. 2014-22-OAB]
The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, and maintenance and distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of precious metals or other secondhand goods without complying with the requirements of this section in the exact manner described herein.
[Ord. No. 2014-22-OAB]
ACCEPTABLE IDENTIFICATION
Shall mean a current valid New Jersey Driver's License or Identification Card, a current valid photo driver's license issued by another US state, a valid United States Passport, or other verifiable US Government issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.
DEALER
Shall mean any person, partnership, limited liability company, corporation, or other entity who, either wholly or in part, engages in or operates any of the following trades or businesses: the buying for purposes of resale of precious metals, jewelry, or other secondhand goods as defined herein; pawnbrokers as defined herein; itinerant businesses as defined herein. For the purposes of this section, transient buyers, as defined herein, are subject to the same licensing and reporting requirements as any other dealers.
ITINERANT BUSINESS
Shall mean a dealer who conducts business intermittently within the municipality or at varying locations.
MUNICIPAL CLERK
Shall mean the statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of the "city," "town," "township," "village," or "borough."
PAWNBROKER
Shall mean any person, partnership, association or corporation: lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehousemen and lending money on goods, wares or merchandise pledged or deposited as collateral security.
PRECIOUS METALS
Shall mean gold, silver, platinum, palladium, and their alloys as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
PUBLIC
Shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Shall mean every transaction conducted between a dealer and a member of the public in which precious metals, jewelry, or any other secondhand goods as defined herein are purchased or pawned.
SECONDHAND GOODS
Shall mean used goods such as antiques, gold, silver, platinum, or other precious metals, jewelry, coins, gemstones, gift cards, any tools, telephones, typewriters, word processors, GPS devices, computers, computer hardware and software, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, DVDs, CDs, and other electronically recorded material, firearms, cameras and camera equipment, video equipment, furniture, clothing, and other valuable articles. For the purposes of this section, secondhand goods shall not include goods transacted in the following manner: (i) judicial sales or sales by executors or administrators; (ii) occasional or auction sales of household goods sold from private homes; (iii) auctions of real estate; (iv) the occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence or in any municipally owned building who is engaged in the hobby of collecting coins or stamps and who does not solicit the sale, purchase, or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form of printed or electronic advertising.
SELLER
Shall mean a member of the public who sells or pawns used goods such as precious metal, jewelry, or other secondhand goods to a dealer.
TRANSIENT BUYER
Shall mean a dealer, as defined herein, who has not been in a registered retail business continuously for at least six months at any address in the municipality where the Dealer is required to register or who intends to close out or discontinue all retail business within six months.
[Ord. No. 2014-22-OAB]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in Subsection 5-9.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in Subsection 5-9.9.
[Ord. No. 2014-22-OAB]
a. 
Upon receipt of an application completed pursuant to this section, the Municipal Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee, pursuant to this section for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:
1. 
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in Subsection 5-9.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2. 
The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license;
3. 
Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.
4. 
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 5-9.6d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under Subsection 5-9.6a.
b. 
The Chief of Police shall complete any investigation pursuant to this section within 30 days of the submission of the application to the Municipal Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.
c. 
The Chief of Police shall, upon completion of the investigation, recommend "grant" or "denial" of the license to the Municipal Clerk, who shall grant or deny the license. Any recommendation of the Chief of Police shall be in writing and, in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Municipal Clerk accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within 10 days of such denial and the Clerk shall forward to the applicant a statement of the reason or reasons for such denial.
d. 
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a coconspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 5-9.5, the retention and inspection requirements of Subsection 5-9.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 5-9.8 of this section.
e. 
Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before a three-person panel appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of denial of a license to act as a dealer of secondhand goods.
f. 
No license shall be assignable by the dealer.
[Ord. No. 2014-22-OAB]
For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:
a. 
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in Subsection 5-9.2.
b. 
Require each seller to execute a "Declaration of Ownership," which shall contain the following certification: "My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of 18 years and the identification presented is valid and correct."
c. 
Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:
1. 
The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;
2. 
The name, address, date of birth, and telephone number of the seller or sellers;
3. 
A photographed recording of the seller in a format acceptable to the Chief of Police, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;
4. 
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 5-9.2, in a format acceptable by the Chief of Police;
5. 
A photographed recording of all items sold in a format acceptable by the Chief of Police. When photographing, all items must be positioned in a manner that makes them readily and easily identifiable. Items should not be grouped together when photographing or imaging. Each item should have its own photograph;
6. 
The receipt number;
7. 
A detailed, legible description of the item(s) and the manufacturer and model of the item(s) if known; in the case of jewelry, the descriptions must include style, length, color, design, and stones, if any; any identifying marks, including numbers, dates, sizes, shapes, initials, names, monograms, social security numbers engraved thereon, serial numbers, series numbers, or any other information, which sets apart the particular object from others of like kind;
8. 
The price paid for the purchase or pawn of the item(s);
9. 
If precious metals, the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.;
10. 
The time and date of the transaction.
d. 
The information outlined in Subsection c above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section[1] and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized Police Officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection c above.
[1]
Editor's Note: This section was adopted 9-22-2014 by Ord. No. 2014-22-OAB
e. 
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 5-9.6.
f. 
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in Subsection 5-9.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. 2014-22-OAB]
a. 
All precious metals, jewelry, and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 5-9.5. All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b. 
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 5-9.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c. 
If market conditions would create a hardship on the dealer by holding precious metals or other secondhand goods for such period, the dealer may present the property to the Chief of Police in order that it may be photographed and, if deemed necessary by the Chief of Police, an investigation may be implemented. The Chief of Police shall have the authority to grant the dealer a waiver of the requirement under this section.
d. 
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in Subsection 5-9.5c.
e. 
No dealer shall purchase any item covered by this section from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.
f. 
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 5-9.9 of this section.
1. 
Grounds for Suspension. The following shall constitute grounds for suspension: violation of any provisions of this section, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.
2. 
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
3. 
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chiefs designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection h.
g. 
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chiefs designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 5-9.9.
1. 
Grounds for Revocation. The following shall constitute grounds for revocation: a third violation under this section; a second violation under this section less than one year after an earlier violation under this section; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.
2. 
Procedure for Revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police or the Chiefs designee shall so report to the Municipal Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. A three-person panel, appointed by the Chief of Police, shall review the stated grounds for revocation and the panel shall issue an appropriate disposition of either suspension, revocation, or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals or other secondhand goods within the municipality.
h. 
Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before a three-person panel, appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of revocation or suspension of license.
i. 
A dealer shall have the right to change the location of the licensed business, provided that he or she notifies the Municipal Clerk, in writing, of the street address of said new location.
[Ord. No. 2014-22-OAB]
Each dealer covered under this section shall deliver a bond to the Municipal Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A: 9-139, and shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the municipality in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the dealer licensed under this section, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the [party municipality], be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in operation pursuant to any license granted under this chapter." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
[Ord. No. 2014-22-OAB]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 5-9.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2014-22-OAB]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsections 5-9.6f and 5-9.6g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 5-9.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2014-22-OAB]
a. 
Any person, partnership, limited liability company, corporation, or other entity engaging in the business of a pawnbroker, or a dealer in precious metals or other secondhand goods shall conform to the provisions of this section within 90 days following the effective date of this section.
b. 
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
c. 
Nothing contained in this section is intended to replace any pre-existing statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1 et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq., the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or any other statutory provision regarding any subject matter discussed herein.
d. 
If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
[Ord. No. 2014-22-OAB]
The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering scrap metal by requiring minimum identification, reporting, maintenance, and distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of scrap metal without complying with the requirements of this section in the exact manner described herein.
[Ord. No. 2014-22-OAB]
ACCEPTABLE IDENTIFICATION
Shall mean a current valid New Jersey Driver's License or Identification Card, a current valid photo driver's license issued by another US state, a valid United States Passport, or other verifiable US Government issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.
DEALER
Shall mean any person, partnership, limited liability company, corporation, or other entity who, either wholly or in part, engages in or operates a scrap metal business involving the buying and/or selling of scrap metal as defined herein, including itinerant businesses, and transient buyers as defined herein.
ITINERANT BUSINESS
Shall mean any scrap metal dealer who conducts business intermittently within the municipality or at varying locations.
MUNICIPAL CLERK
Shall mean the statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of the "city," "town," "township," "village," or "borough."
PUBLIC
Shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Shall mean every transaction conducted between a dealer and a member of the public in which scrap metal is purchased or pawned.
SCRAP METAL
Shall mean used, discarded, or previously owned items that consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys.
SCRAP METAL BUSINESS
Shall mean a commercial establishment, which, as one of its principal business purposes, purchases scrap metal for purposes of resale or processing including transient buyers of scrap metal and itinerant businesses, as defined herein.
SELLER
Shall mean a member of the public who sells scrap metal to a dealer.
TRANSIENT BUYER
Shall mean an operator of a scrap metal business, as defined herein, who has not been in the scrap metal business continuously for at least six months at any address in the municipality where the dealer is required to register or who intends to close out or discontinue the scrap metal business within six months.
[Ord. No. 2014-22-OAB]
No person, partnership, limited liability company, corporation, or other entity shall engage in a scrap metal business, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign regarding the purchase of scrap metal at any location within the municipality shall constitute engaging in business as a dealer of scrap metal within the jurisdiction of the municipality for purposes of this chapter. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such item(s) without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in Subsection 5-10.9.
[Ord. No. 2014-22-OAB]
a. 
Upon receipt of an application completed pursuant to this section, the Municipal Clerk shall refer such application to the Chief of Police, who shall make an investigation of the prospective licensee, pursuant to this section for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:
1. 
The experience of the applicant in the business of purchase and sale of scrap metal, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2. 
The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license;
3. 
Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.
4. 
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 5-10.6d of this section will be stored as well as the location where scrap metal goods purchased will be retained during the mandatory inspection period required under Subsection 5-10.6a.
b. 
The Chief of Police shall complete any investigation pursuant to this section within 30 days of the submission of the application to the Municipal Clerk, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.
c. 
The Chief of Police shall, upon completion of the investigation, recommend "grant" or "denial" of the license to the Municipal Clerk, who shall grant or deny the license. Any recommendation of the Chief of Police shall be in writing and, in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Municipal Clerk accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within 10 days of such denial and the Clerk shall forward to the applicant a statement of the reason or reasons for such denial.
d. 
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a scrap metal business. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 5-10.5, the retention and inspection requirements of Subsection 5-10.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 5-10.8 of this section.
e. 
Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before a three-person panel appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of denial of a license to act as a scrap metal business.
f. 
No license shall be assignable by the dealer.
[Ord. No. 2014-22-OAB]
For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:
a. 
Require of each member of the public selling scrap metal acceptable identification as defined above in Subsection 5-10.2.
b. 
Require each seller to execute a "Declaration of Ownership," which shall contain the following certification: "My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of 18 years and the identification presented is valid and correct."
c. 
Record and issue to each person selling scrap metal on a sequentially numbered receipt:
1. 
The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;
2. 
The name, address, date of birth, and telephone number of the seller or sellers;
3. 
A photographed recording of the seller in a format acceptable to the Chief of Police, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;
4. 
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 5-10.2, in a format acceptable to the Chief of Police;
5. 
A photographed recording of all items sold in a format acceptable to the Chief of Police;
6. 
The receipt number;
7. 
A full description of the item(s) purchased, including but not limited to the manufacturer, type, amount, form, model, any identifying marks, numbers, dates, sizes, shapes, initials, monograms, and serial numbers;
8. 
The price paid for the item(s);
9. 
The make, model and license plate of the motor vehicle delivering the scrap metal;
10. 
The time and date of the transaction,
d. 
The information outlined in Subsection c above must additionally be documented through the use of an electronic database software system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section[1] and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized Police Officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase. The information entered must contain all pertinent information outlined in Subsection c above.
[1]
Editor's Note: This section was adopted 9-22-2014 by Ord. No. 2014-22-OAB.
e. 
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 5-10.6.
f. 
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal as well as the articles purchased and, where necessary, relinquish custody of those articles as provided in Subsection 5-10.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where records and articles will be stored.
g. 
For all reportable transactions between a dealer and a member of the public, the dealer may only accept delivery of scrap metal for purchase by motor vehicle and the license plate of the motor vehicle must be recorded as provided in Subsection c above.
h. 
No scrap metal business shall, except as provided in Subsection g above, purchase:
1. 
Any metal marked with identification of a telephone, cable, electric, water, other public utility, or other government entity;
2. 
Any utility access or water meter cover;
3. 
Any street light pole or fixture;
4. 
Any road or bridge guard rail;
5. 
Any highway or street sign, traffic directional or control sign, or light signal;
6. 
Any metal beer keg that is clearly marked as being the property of the beer manufacturer;
7. 
Any historical marker, grave marker, or burial vase;
8. 
Any central air conditioner evaporator coils or condensers or catalytic converters that are not attached to a vehicle; or
9. 
Any metal bleachers or benches.
i. 
The provisions of Subsection h shall not apply to purchases of scrap metal from entities who manage such metal in the ordinary course of business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process scrap metal in the ordinary course of business.
[Ord. No. 2014-22-OAB]
a. 
All scrap metal purchased by a dealer in a reportable transaction are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 5-10.5. All scrap metal subject to inspection must remain in the same condition as when purchased and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased scrap metal is being held.
b. 
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 5-10.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c. 
If market conditions would create a hardship on the dealer by holding scrap metal for such period, the dealer may present the property to the Chief of Police in order that it may be photographed and, if deemed necessary by the Chief of Police, an investigation may be implemented. The Chief of Police shall have the authority to grant the dealer a waiver of the requirement under this section.
d. 
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of scrap metal in the manner prescribed in Subsection 5-10.5c.
e. 
No dealer shall purchase any item covered by this section from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or business designee identifying the individual from whom such purchase is to be made and the item to be purchased.
f. 
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 5-10.9 of this section.
1. 
Grounds for Suspension. The following shall constitute grounds for suspension: violation of any provisions of this section, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.
2. 
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal, pursuant to Subsection h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease all purchasing and/or selling of scrap metal in the municipality until reinstatement.
3. 
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chiefs designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection h.
g. 
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chiefs designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 5-10.9.
1. 
Grounds for Revocation. The following shall constitute grounds for revocation: a third violation under this section; a second violation under this section less than one year after an earlier violation under this section; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any regulations or local ordinances within this or any jurisdiction.
2. 
Procedure for Revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police of the Chiefs designee shall so report to the Municipal Clerk in writing. A temporary suspension will immediately and automatically issue, if one is not already in effect, pending the outcome of the charge. A three-person panel, appointed by the Chief of Police, shall review the stated grounds for revocation and the panel shall issue an appropriate disposition of either suspension, revocation, or reinstatement. If the panel determines that revocation is the appropriate disposition, it shall set forth the grounds for the same in writing in the form of a notice of revocation, which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If the panel determines that suspension is the appropriate disposition, it shall provide the dealer with a notice of suspension that shall advise the dealer of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating a scrap metal business within the municipality.
h. 
Appeal. Any applicant wishing to appeal an issuance of a suspension or revocation shall be entitled to a hearing before a three-person panel, appointed by the Chief of Police, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such suspension or revocation. Any applicant exercising the right to appeal must file a written notice of appeal within 10 days of receiving written notice of revocation or suspension of license.
i. 
A dealer shall have the right to change the location of the licensed business, provided that he or she notifies the Municipal Clerk, in writing, of the street address of said new location.
[Ord. No. 2014-22-OAB]
Each dealer covered under this section shall deliver a bond to the Municipal Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A: 9-139, and shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the municipality in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the dealer licensed under this section, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the [party municipality], be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in operation pursuant to any license granted under this chapter." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
[Ord. No. 2014-22-OAB]
A nonrefundable fee for initial application and license for an operator of a scrap metal business, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer will be required to pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 5-10.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2014-22-OAB]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsections 5-10.6f and 5-10.6g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 5-10.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2014-22-OAB]
a. 
Any person, partnership, limited liability company, corporation, or other entity engaging in the scrap metal business shall conform to the provisions of this section within 90 days following the effective date of this section.
b. 
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
c. 
Nothing contained in this section is intended to replace any pre-existing statutory requirements governing scrap metal businesses, as in N.J.S.A. 45:28-1 et seq., or any other statutory provision regarding any subject matter discussed herein.
d. 
If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
[1974 Code § 87-1]
No person shall engage in the business of keeping a junkyard or salvage yard; that is, no person or persons, firm or corporation shall keep and maintain a yard, covered or uncovered, space or place in the Township, for the purpose of buying, taking in trade, selling, exchanging or storing rags, old metals, old bottles, old glassware, old tinware, old iceboxes, old refrigerators, old paper, old lumber, old building supplies, old furniture, old plumbing fixtures, old unlicensed automobiles, dismantled old automobiles or parts thereof, motor vehicle junk or any other old material commonly called "junk" or "salvage," without being licensed to do so by the Governing Body; provided, however, this shall not prohibit the storage of old material to be used by the person or persons, firm or corporation storing the same for manufacturing purposes on the premises.
[1974 Code § 87-2; Ord. No. 97-6]
The licensee shall:
a. 
Maintain the licensed premises in a safe manner, and particularly shall premises be kept free of rats, weeds, brush, dry leaves, unbound or loose paper and stagnant water in such quantity as to be a hazard to the health or well-being of the general public or comfort of adjacent or nearby property owners or residents.
b. 
Maintain the licensed premises in a sightly manner with due regard to the public safety of persons and property in the vicinity in which the junkyard is located, and particularly shall the junk not be so piled or placed as to endanger any person upon the licensed premises, on adjacent property or on any public highway. The junk and debris on the licensed premises shall be so secured that it may not escape the premises or be permitted to be promiscuously blown about on licensed or other premises.
c. 
Not set or permit any outdoor fire on licensed premises when weather, wind or atmospheric conditions make such fire a hazard or danger to human life or property.
d. 
Not set or permit any outdoor fire on licensed premises in such a manner as to emit smoke, gas or odors therefrom upon the property of another or the public highway, so as to endanger the health or comfort of adjacent or nearby property owners in the use and enjoyment of their property or endanger the safe and comfortable use of the public highway.
e. 
Stack, pile or arrange the merchandise and personal property on the licensed premises in such a manner that a fire truck, police car or first-aid ambulance, may have at least one open and unobstructed driveway to and across each licensed premises with appropriate open space for turnaround or other means of entrance and exit in all cases.
f. 
Be a citizen of the United States of America, if licensee is a natural person or persons. If licensee is a corporation, it shall be a corporation of New Jersey or be a duly licensed to do business in New Jersey and have a principal office in this State and a registered agent in charge thereof upon whom process of service can be made in New Jersey.
g. 
In all cases where the contents of the licensed premises are visible from a public road or roads, have the licensed premises fenced along the road or roads by the construction and maintenance of a tight wooden, painted, well-constructed fence at least six feet in height or to such greater height as shall be necessary to obscure the vision of the contents of the licensed premises from persons using the adjacent public highway or highways, and which greater height may be necessary for the purposes, depending upon the height the junk is piled on the licensed premises. Where the property or properties adjacent to the licensed premises are improved by a dwelling or dwellings thereon, the licensee shall also have a similar fence erected and maintained on each line of the licensed premises abutting an improved property.
h. 
Not conduct or transact business between the hours of 6:00 p.m. and 8:00 a.m.
i. 
Not purchase anything from a person under the age of 18 years unless accompanied by his/her parent, guardian or person standing in the place and stead of parent or guardian to such minor.
j. 
Not make or permit excessive noise on licensed premises so as to unreasonably disturb adjacent or nearby residents in the quiet enjoyment of their properties and to be detrimental to the health and well-being of the residents in the immediate vicinity of licensed premises.
k. 
In making his/her application for license or renewal, give written notice to all property owners within 200 feet of proposed licensed premises of his/her intention to apply for such license. Such notice shall be served either personally or by registered mail, return receipt requested, at least 10 days before application is filed with the Township Clerk. Written proof of such service in affidavit form shall accompany the application for license.
l. 
Make certain that each entrance and exit to the licensed premises is well marked as such by appropriate signs, and permit automobiles to enter and leave licensed premises only at established entrances and exits, respectively. If a new or other entrance or exit may be desired at a future time, written application must be made to the Township Council for same. No new entrance to or exit from licensed premises shall be permitted by the licensee until approved by the Township Council. The purpose of the provisions of this subsection is to prevent cars from promiscuously entering and leaving the licensed premises, thus preventing interference with traffic upon the adjacent public highway and lessening the likelihood of accidents and injuries.
m. 
Take precaution to safeguard all inflammable, combustible or explosive materials on the licensed premises from fire. No licensee shall stack, pile, place or permit personal property upon the licensed premises in such a manner as to create a fire hazard.
n. 
Not store or keep junk within 30 feet of any public road nor within five feet of the side or rear lines of licensed premises.
o. 
Shall maintain its property in an environmentally sound manner and shall comply with all Federal and State environmental regulations and shall obtain any necessary State and Federal licenses, including a NJPDES storm water permit, where applicable. It shall specifically comply with all Federal and State requirements involving the storage and disposal of hazardous waste and solid waste.
p. 
Shall immediately report any violations of Federal and State law or municipal ordinances dealing with the discharge of hazardous waste or solid waste into the air, water or ground to the New Jersey Department of Environmental Protection, the Ocean County Board of Health, and the Berkeley Township Department of Engineering and Community Development.
[1974 Code § 87-3; Ord. No. 97-6 § 2]
As used in this section:
HAZARDOUS WASTE
Shall mean a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may:
a. 
Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
b. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
SEPARATE AND DISTINCT LOCATION TO BE LICENSED
Shall mean any open-air plot or ground, yard or parcel of land consisting of part of one lot, or one or more lots, as set forth on the Tax Map of the Township, and which part of lot or lots are adjacent and contiguous to each other and, if described by metes and bounds, would have one continuous and uninterrupted boundary line.
SOLID WASTE
Shall mean any garbage, refuse, sludge or other waste material except it shall not include solid, animal or vegetable wastes collected by swine producers for the preparation and feeding of swine on their farms.
[1974 Code § 87-4]
The licensed premises shall be subject to official inspection at any time by the Governing Body, as well as its agents and employees acting in an official capacity, and by any Police Officer or health inspector, members of the local Board of Health, local Fire Commissioners and representatives of local Fire Department or local fire company desiring to make an official inspection of licensed premises.
[1974 Code § 87-5]
Every licensee shall be required to keep a written book or record in bound form at the licensed premises. The book or record shall contain a legible daily record of the description of all articles purchased, the name and address of the person from whom each was purchased and the price paid. The book or record shall be open to inspection at any reasonable time requested by any of the persons or officials named in or referred to in the preceding section hereof.
[1974 Code § 87-6; Ord. No. 97-6 § 3; New]
a. 
No such license shall be issued until the applicant shall have made and filed with the Township Clerk a written application on a form furnished by the Township, which application shall state:
1. 
The name and address or residence of the applicant, and if a firm, association, partnership or corporation, the names and addresses of the officers, registered offices and registered officers, if any.
2. 
The street address and lot and block numbers, as shown on the Township Tax Map, of premises desired to be licensed.
b. 
If the applicant is not the owner of the site where the business is to be licensed and conducted, the owner's consent to conduct the business on his/her land shall accompany the application.
c. 
Each application shall have attached thereto an accurate sketch or drawing of the property desired to be licensed, showing the names and locations of all public highways adjoining the premises, the dimensions in feet of the premises, lot and block numbers on Tax Map of the premises and the names and addresses of all real property owners within 200 feet of premises sought to be licensed.
d. 
Each application shall contain an environmental assessment of the property to be licensed, prepared by an engineer with a Bachelor of Science Degree in either Environmental or Chemical Engineering, which indicates whether or not the property to be licensed conforms with all Federal and State environmental regulations. In the event that a property does not conform with all Federal and State environmental regulations, a conditional license may be issued if the property owner can demonstrate that it is engaged in the cleanup of the property, either under the supervision of the Environmental Protection Agency or the New Jersey Department of Environmental Protection. Failure to follow all requirements of such supervised cleanup will result in the revocation of such conditional license.
[1974 Code § 87-7]
a. 
The application shall be accompanied by cash or certified check made payable to the Township of Berkeley for a full year's license fee, which shall be:
1. 
A junkyard or salvage yard having 99 cars or less: $50.
2. 
A junkyard or salvage yard having 100 cars or more: $100.
3. 
Any junkyard or salvage yard not having any cars: $50.
b. 
If application is denied, the fee shall be returned.
[1974 Code § 87-8; Ord. No. 97-6 § 4; New]
Each annual license shall run for one calendar year from its issuance. An application for renewal shall be filed with the Township Clerk at least 30 days before the expiration of the prior license. A conditional license may be issued in lieu of a regular license pursuant to Subsection 5-14.6d. A conditional license shall run for one calendar year from its issuance but may be revoked at any time upon a showing that the owner of the property is not following the requirements of a supervised cleanup.
[1974 Code § 87-9]
No transfer of license from one location to another shall be permitted unless and until:
a. 
The latter location complies with this section.
b. 
Written application has been made for such transfer, which application shall show the same general items as to applicant and premises as are required for original license.
c. 
A transfer fee of $25 has been paid to the Township.
d. 
A sketch or drawing such as is required by Subsection 5-14.6c hereof shall accompany application.
e. 
The landowner's consent to license, such as is required by Subsection 5-14.6b, where applicant is not the owner of the land sought to be licensed shall also accompany application for transfer.
[1974 Code § 87-10]
No license shall be granted for or transferred to any land, site or premises where such business is forbidden by any legal ordinance. The purpose of this provision is to prevent this section from conflicting with the zoning regulations.
[1974 Code § 87-11]
No transfer of license from one person to another shall be made except upon written application signed by the person desiring to secure the transfer and bearing the written consent of the then licensee. Such application shall be accompanied by a transfer fee of $25. The proposed transferee shall be capable of qualifying as an original licensee.
[1974 Code § 87-12]
No license shall be issued to or outstanding in the name of any person convicted of a crime involving moral turpitude, breaking and entering, robbery or receiving stolen goods.
[1974 Code § 87-13; New]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 87-14]
In any and all cases where the operator of a motor vehicle junk business or motor vehicle junkyard has been or shall hereafter be licensed under the provisions of N.J.S.A. 39:11-1 to N.J.S.A. 39:11-11, inclusive, he shall not be required to pay an additional license fee by and under this section so long as the license issued under the State Statute shall be and remain in force. Such licensee and licensed premises shall, however, comply with the provisions of Subsections 5-14.2, 5-14.4 and 5-14.5.
[1]
Editor's Note: Prior ordinance history includes portions of 1974 Code §§ 89-1 - and Ord. No. 30-76.
[Ord. No. 07-15-OAB § 1]
Persons, corporations or business entities shall not operate any establishment nor utilize a premises in the Township as and for a massage business, acupressure therapy, reflexology, body work therapy or well-being establishment unless and until there first has been a license for such an establishment or premises procured from the Township Clerk in accordance with the terms and provisions of this section.
[Ord. No. 07-15-OAB § 1]
No person shall render or perform services as a masseur, masseuse, massage therapist, reflexologist, body work therapist, acupressure therapist, or engage in the business of or be employed as a masseur, masseuse, massage therapist, reflexologist, body work therapist or acupressure therapist, unless and until he or she has obtained a license from the Township Clerk in accordance with the terms and provisions of this section.
[Ord. No. 07-15-OAB § 1]
Each and every application for a license, either for an establishment or premises to be used as a massage business, acupressure therapy, reflexology, body work therapy or well-being establishment or for a masseur, masseuse, massage therapist, reflexologist, body work therapist, acupressure therapist license shall provide the Township Clerk with satisfactory evidence of:
a. 
The name and address of the applicant and all former addresses for a period of three years prior to making the application.
b. 
Proof that the applicant is 18 years of age or older.
c. 
The address of the establishment or premises to be used in the massage therapy, acupressure therapy, reflexology, body work therapy or well-being establishment and a physical description of the property and facilities, if an applicant desires a license for such an establishment or premises.
d. 
If the applicant desires a masseur or masseuses, massage therapist, reflexologist, body work therapist or acupressure therapist license, a statement of all employment for a period of three years prior to making the application.
e. 
A sworn statement as to whether or not the applicant, or any officer or director thereof, if a corporation, has ever been convicted of a crime in this or any other state.
f. 
A diploma or certification of graduation from an approved school or other institution of learning, wherein the method, profession and work of massage therapy, acupressure therapy, reflexology or body work therapy is taught.
1. 
The term "approved school or other institution or learning" shall mean and include any school or institution of learning that complies with the following criteria:
(a) 
The institution has been accredited by the American Massage and Therapy Association of the International Myomassethics Federation, Inc.;
(b) 
It has been approved by the New Jersey Department of Education; and
(c) 
It shall have its principal purpose the teaching of therapy, method, profession or work of massage therapy, or it shall require a residence course of study of not less than 600 hours to be given in not less than six calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning.
2. 
It shall be the responsibility of the applicant to provide the Township Clerk with the information substantiating that the applicant's course of study meets the above criteria.
3. 
Schools offering courses and not requiring actual class attendance shall not be deemed approved schools. The Clerk shall have the right to confirm the fact that the applicant has actually attended classes and matriculated in an accredited school.
g. 
Active professional membership in good standing in the Association of Body Work and Massage Professionals or the American Massage Therapy Association.
[Ord. No. 07-15-OAB § 1]
a. 
The applicant for a license for an establishment or premises shall pay an annual license fee of $200, which license fee shall become due on the 31st day of March in each year.
b. 
The applicant for a massage therapist, reflexologist, body work therapist or acupressure therapist license shall pay an annual license fee of $200, which license fee shall become due on the 31st day of March in each year.
[Ord. No. 07-15-OAB § 1]
Each application for a license or the renewal thereof either to operate a massage and therapy well-being establishment or yoga and exercise spa, or premises, or to engage in the business of or to be employed as a massage therapist, reflexologist, body work therapist or acupressure therapist, which is submitted to the Township Clerk shall be approved by the Township Council before any license is issued. The Township Council shall not approve such application if, on the basis of past criminal record of the applicant or of the principles thereof, or on the basis of other evidence of bad character or morals, or on the basis of individual applicant or establishment has violated this or any other Township ordinance, it shall be determined that the granting or renewal of such license would tend to encourage criminal or immoral activities within the Township or recurrent violations of these ordinances have occurred.
[Ord. No. 07-15-OAB § 1]
The provisions of this section shall not apply to massage, acupressure or physical therapy treatments, given:
a. 
In the office of a licensed physician, osteopath, chiropractor or physical therapist.
b. 
In a regular established medical center, hospital or sanitarium, having a staff which includes licensed physicians, osteopaths, chiropractors and/or physical therapist.
c. 
Any license physician, osteopath, chiropractor or physical therapist in the residence of his patients.
[Ord. No. 07-15-OAB § 1; amended 2-25-2019 by Ord. No. 19-03-OAB]
a. 
No part of any quarters of any massage, acupressure therapy, reflexology, body work therapy or well-being establishment shall be used for or connected with any bedroom or sleeping quarters. This provision shall not preclude the location any massage, acupressure therapy, reflexology, body work therapy or well-being establishment in separate quarters of a building housing a hotel or other separate businesses or club or residence if the same has been approved by the Zoning Officer or granted a variance.
b. 
The windows of the building establishment shall be free of tint or glass-darkening agents.
c. 
A recognizable and legible sign shall be posted at all entrances to any building or the portion of the building used as a massage, acupressure therapy, reflexology, body work therapy or well-being establishment identifying the premises as a such an establishment and further identifying the hours of operation.
[Added 2-25-2019 by Ord. No. 19-03-OAB]
a. 
Any person, corporation or business violating the provisions of this section shall, upon conviction, be punished by imprisonment in the County jail for a term not exceeding six months, or by penalties for violations of this chapter as provided in Chapter 1, § 1-5, unless otherwise specified in this chapter.
b. 
Any person, corporation or business violating the provisions of this section may, at the discretion of the Mayor and Council, have their license to operate and perform services suspended and/or revoked.
c. 
Any violation by any employee, agent or servant shall be deemed a violation by the employer business.
[1]
Editor's Note: See also § 4-34, Trailers; Campers; Mobile Homes.
[1974 Code § 123-1; Ord. No. 2-83]
Within the limits of the Township, no person shall conduct or carry on the business of the operation of a trailer park, mobile home park or trailer or mobile home or work in, occupy or, directly or indirectly in any manner whatsoever, utilize any place or premises in which is conducted or carried on a trailer park, mobile home park or trailer or mobile home site, unless and until there shall be granted by the Governing Body in accordance with the terms of this section, and shall be in full force and effect, a license to conduct the trailer park, mobile home park or trailer or mobile home for the place and premises in or at which the same shall be conducted and carried on.
[1974 Code § 123-2; Ord. No. 2-83]
As used in this section:
CAMPGROUND
Shall mean a plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units by the general public as temporary living quarters for children or adults, or both, for a total of 15 days or more in a calendar year, for recreation, education or vacation purposes.
CAMPING UNIT
Shall mean any tent or camping vehicle temporarily located on a campsite or maintained or operated in a campground as a temporary living quarters for adults or children, or both, for recreation, education or vacation purposes.
CAMPING VEHICLE
Shall mean any camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis designed without permanent foundation, which is used for temporary dwelling for sleeping purposes and which, under the provisions of Title 39 of the Revised Statutes of New Jersey, may be legally driven or towed by a passenger automobile on a highway.
TRAILER OR MOBILE HOME
Shall mean a manufactured, transportable single-family dwelling built on one or more chassis and containing a flush toilet, bath or shower, and a kitchen sink designed to be connected to a piped water supply, sewage facilities and electrical service.
TRAILER PARK OR MOBILE HOME PARK
Shall mean a parcel of land which has been so designed and improved that it contains two or more trailer or mobile home lots available to the general public for the placement thereon of trailers or mobile homes for occupancy.
[1974 Code § 123-3; Ord. No. 2-83]
The Township shall require licenses for trailer parks, mobile home parks, trailers or mobile homes which shall be applied for by written application filed with the Township Clerk. Such application shall set forth the full name and address of the applicant; the particular kind or character of the business to be carried on or conducted; the location or place of the premises in or at which the same is to be carried on; the total area of ground space thereof and a diagram of same. The application shall also be accompanied by a deposit to cover the license fee for the current year in the amount hereinafter provided, which license fee, after the beginning of the year, as to any place, shall be proportionately prorated for the remainder of the year, except in a circumstance where an application has been delinquent in obtaining a license, as required under this section.
[1974 Code § 123-4; Ord. No. 2-83]
a. 
There shall be charged and collected for the licenses annual fees as follows: $150 for one to five trailers; $200 for six to 10 trailers; $300 for 11 to 20 trailers; $400 for 21 to 30 trailers; and $500 for 31 or more trailers; as well as the sum of $2.50 per week or part thereof per trailer. Where an individual trailer is occupied on an individual parcel and not in a trailer park, the fee shall be $2.50 per week or part thereof.
b. 
Seasonal licenses may be granted to individuals, other than trailer park licensees, who own trailers and maintain them in a licensed trailer park all year but occupy such trailer for a period of not longer than six months of any given year. In such case the fee for a seasonal license, limited to one trailer per licensee, shall be $60. Not more than one seasonal license shall be issued to an individual in any one calendar year regardless of the date of issuance of such seasonal license.
c. 
All licenses, other than seasonal licenses, shall expire on December 31 of the year of issuance.
d. 
The license fees hereby imposed are for the purpose of administering this section and for conducting necessary inspections. All fees herein provided for shall be payable in advance for each year or season.
e. 
Each licensee shall maintain a registry and each week submit three copies of the same, so far as it pertains to the preceding week, setting forth the license number of the trailer, the serial, type and license number of each automobile, the date of arrival, whether still at the camp or park and, if not, the date of departure and the age, name and last permanent address of the owner of each trailer and automobile and of each occupant thereof. A copy thereof shall be delivered to the Township Clerk, the Chief of Police and the Township Tax Collector, together with the payment to the Township Clerk of any and all sums which may be due to the Township as herein provided.
f. 
No such license shall be transferable without the permission of the Township Council. In the event that the Township Council shall approve the transfer of an annual license, the fee for such transfer shall be 10% of the annual fee referred to above in this section.
[1974 Code § 123-5; Ord. No. 2-83]
The provisions of the New Jersey State Sanitary Code relating to mobile home parks are hereby adopted by the Township and shall be enforced by the Berkeley Township Board of Health, local police authorities, the Code Enforcement Officer, the Construction Department and the Zoning Officer. The provisions regarding mobile home parks shall also apply to trailer parks.
[1974 Code § 123-6; Ord. No. 2-83]
The provisions of the New Jersey State Sanitary Code relating to campgrounds are hereby adopted by the Township and shall be enforced by the Berkeley Township Board of Health, local police authorities, the Code Enforcement Officer, the Construction Department and the Zoning Officer.
[1974 Code § 123-7; Ord. No. 2-83]
Every campground heretofore or hereafter established shall be provided with means of lighting the same at night in all public water closets or toilets, and shower units shall be provided with sufficient lighting fixtures which shall be kept lighted during the time from 1/2 hour after sunset until 1/2 hour before sunrise.
[1974 Code § 123-8; Ord. No. 2-83]
Every campground or mobile home park (trailer park) hereafter established shall provide for a minimum of 600 square feet of space per trailer, mobile home or camping vehicle. Camping vehicles, trailers and mobile homes shall be arranged in rows abutting or facing on a driveway or clear unoccupied space not less than 20 feet in width, which space shall have unobstructed access to a public street or road.
[1974 Code § 123-9; Ord. No. 2-83]
It shall be unlawful for any person owning or operating a camping vehicle in a campground to remove or cause to be removed the wheels or any similar transporting device from the camping vehicle or to otherwise permanently affix it to the ground in a manner that would prevent the ready removal of the camping vehicle without first obtaining a permit to do so from the Construction Official. Any alteration or change to any camping vehicle, as above set forth, shall be construed as removing it from the requirements of this section and converting it into a dwelling.
[1974 Code § 123-10; Ord. No. 2-83]
Dogs or pets shall not be permitted to roam at large in any mobile home park or campground at any time.
[1974 Code § 123-11; Ord. No. 2-83]
Campgrounds and mobile home parks shall be subject to reasonable inspection during the day or night by the designated officials of the Board of Health, the police, fire officials, Zoning Officer, Code Enforcement Officer and the Construction Department officials.
[1974 Code § 123-12; Ord. No. 2-83]
In case of the failure or refusal to comply with any of the terms, rules or provisions of this section, the Township Council may upon notice and after hearing refuse or revoke any license applied for or granted hereunder.
[1974 Code § 123-13; Ord. No. 2-83]
No person shall live in a trailer park, mobile home park, trailer or mobile home in this municipality unless and until same is licensed pursuant to this section. The word "live" as used in this section shall mean human habitation for any period of time.
[1974 Code § 123-14; Ord. No. 2-83; Ord. No. 88-43; New]
Any person who violates any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 110-1; Ord. No. 04-27-OAB § 1]
Under and subject to the terms, conditions and restrictions of this section, the Raffles Licensing Law (L. 1954, Ch. 5), the Bingo Licensing Law (L. 1954, Ch. 6), the Legalized Games of Chance Control Law (L. 1954, Ch. 7) and the rules and regulations adopted and promulgated or to be adopted and promulgated hereafter by the Legalized Games of Chance Control Commission of the State of New Jersey, licenses shall be issued in this municipality to bona fide organizations or associations as described in the laws. Such licenses may be issued for games to be conducted on Sundays.
[1974 Code § 110-2; Ord. No. 08-17-OAB § 2]
The Township Clerk shall make an investigation of the qualifications of each applicant and the merits of each application as directed in Subsection 4 of each of the licensing laws. In this municipality, the Chief of Police is and shall be charged with the duty and responsibility of making the initial investigation and reporting thereon in writing to the Township Clerk.
[1974 Code § 110-3]
No license, under either licensing law, shall be:
a. 
Issued for a period of more than one year.
b. 
Issued for the holding, operation and conduct of any game of chance which may be licensed under the other of the licensing laws.
[1974 Code § 110-4; Ord. No. 08-17-OAB § 4]
No application for the issuance of a license shall be refused by the Township Clerk until after a hearing is held by the Township Council on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
[1974 Code § 110-5]
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the State Control Commission.
[1974 Code § 110-6; Ord. No. 08-17-OAB § 6]
The Township Clerk issuing any license under this section and either of the licensing laws shall have and exercise control and supervision over all games of chance so licensed in accordance with the licensing laws.
[1974 Code § 110-7]
No person under the age of 18 years shall be permitted to participate in any game or games of chance held, operated or conducted pursuant to any license issued by this municipality.
[1974 Code § 110-8]
No game or games of chance shall be held, operated or conducted under any license issued by this municipality more often than six days in any calendar month nor in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.
[1974 Code § 110-9]
It is not the purpose or intent of this section to include herein all conditions, restrictions, regulations or rules relating to the licensing and conduct of games of chance, since same are and will be fully covered by the Raffles Licensing Law, Bingo Licensing Law, Legalized Games of Chance Control Law and the rules and regulations of the State Control Commission, to all of which any applicant may and should refer.
[1974 Code § 110-10]
The Township Clerk, on behalf of the municipality, shall:
a. 
File with the Legalized Games of Chance Control Commission a certified copy of this section within 10 days after its adoption.
b. 
On or before the first day of February in each year, or at any other time or times which the Commission may determine, make a report to the Commission of the number of licenses issued in this municipality under each of the licensing laws and the names and addresses of the licensees, the aggregate of the license fees collected, and the names and addresses of all persons detected in violation of each of the laws or of the rules and regulations adopted by the State Control Commission, of all persons prosecuted for such violations and the result of each such prosecution and the penalties imposed therein, during the preceding calendar year or the period for which the report is required.
[1974 Code § 110-13]
All license fees shall become the property of the municipality.
[1974 Code § 110-14]
No person, organization, club, company or squad shall conduct, operate, run, participate in or attend any unlicensed raffle or bingo games in this municipality.
[1974 Code § 110-15]
No person, organization, club, company or squad shall violate any of the terms or provisions of any one or more of the following:
a. 
Bingo Licensing Law (N.J.S.A. 5:8-24 et seq.).
b. 
Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.).
c. 
Legalized Games of Chance Control Law (N.J.S.A. 5:8-1 et seq.).
d. 
This section.
[1974 Code § 110-16; Ord. No. 88-43; New]
Any person who violates this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 110-17; Ord. No. 08-17-OAB § 8]
A conviction hereunder shall also be proper ground, in the discretion of the Township Council, for the suspension or revocation of the license, if any has been issued and is outstanding.
[1974 Code § 64-1]
Business establishments may be open for business daily from 5:00 a.m. until 2:00 a.m. on the following day, except on Sunday mornings, when the same may remain open until 3:00 a.m., in that part of Berkeley Township east of Barnegat Bay and in that part of Berkeley Township known as Pelican Island.
[1974 Code § 64-2]
In the area mentioned in Subsection 5-23.1, business establishments shall remain closed for business daily from 2:00 a.m. (except Sunday mornings) until 5:00 a.m. On Sunday mornings such business establishments in the area shall remain closed for business from 3:00 a.m. until 5:00 a.m.
[1974 Code § 64-3]
The provisions of Subsection 5-23.1 and 5-23.2 are subject to the provision that nothing contained in this section shall be construed to prevent any hotel or rooming house from accepting guests for sleeping accommodations in accordance with existing laws.
[1974 Code § 64-4; Ord. No. 88-43; New]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[1974 Code § 109-1; Ord. No. 537]
No landowner shall operate, sponsor or permit a race between motor vehicles or by a motor vehicle against time on land owned by that person unless the premises have received municipal approval pursuant to Chapter 35, Land Development.
[1974 Code § 109-2; Ord. No. 537]
No person shall operate a motor vehicle in a race except at a facility having municipal approval and unless the motor vehicle has been licensed by the Township for racing.
[1974 Code § 109-3; Ord. No. 537]
No person shall operate a motor vehicle racing facility without obtaining a license pursuant to this section.
[1974 Code § 109-4; Ord. No. 537]
No races shall be conducted unless an ambulance and a fire engine are present.
[1974 Code § 109-5; Ord. No. 537]
a. 
Noise levels shall not at any time exceed 70 dB(A) at a distance of 1,000 feet from the track.
b. 
There shall be a ten-foot high berm encircling the track.
c. 
There shall be a twelve-foot height tongue and groove wooden fence on top of the aforesaid berm.
d. 
There shall be safe storage of fuel and other combustibles used on or about the premises.
e. 
The applicant shall comply with the requirements of Chapter 35, Land Development, of the Code of the Township of Berkeley dealing with site plans.
f. 
The area of the site shall be not less than 75 acres.
g. 
Not more than 25% of the gross land area shall be covered by building.
h. 
At least 10% of the gross land area shall be devoted to open areas, i.e., areas not covered by buildings or pavement which may be used for active or passive outdoor recreation.
i. 
No structure shall be closer than 50 feet to any boundary line of the site. No pavement shall be closer than 20 feet to any perimeter property line.
j. 
No structure shall be more than 35 feet in height.
k. 
Parking shall be provided in accordance with the requirements of the Code of the Township of Berkeley. In the event that the site plan indicates that multiple simultaneous activities are possible, additional parking shall be provided for the additional activities.
l. 
Screening strips as required by Chapter 35, Land Development, of the Code of the Township of Berkeley shall be provided.
m. 
Grandstands shall be provided which shall be approved by the Building Inspector for safety and which shall be so arranged as to minimize off-site noise from crowds, public address systems or activities.
n. 
On-site sanitary facilities shall be provided in accordance with standards established by the Township Board of Health or by the Berkeley Township Sewerage Authority, whichever has jurisdiction, and shall be approved by that agency prior to the issuance of a certificate of occupancy.
o. 
The first license issued to a facility shall be granted automatically when the facility has met all municipal requirements and has filed the appropriate application and paid the required fee.
p. 
The license, which shall be valid for one year only, shall be renewed by the Township Committee only after a review of the compliance of the facility with the standards established by ordinance.
[1974 Code § 109-6; Ord. No. 537]
a. 
This inspection and licensing shall have reference only to the potential harm to the owners or occupants of other properties and shall not in any way be construed to be safety check of the motor vehicle. The individual vehicle shall be subjected to tests to demonstrate that its exhaust noises do not exceed the following allowable level: sound levels of 94 dB(A) (average) measured at 100 feet from exhaust outlet (full throttle acceleration).
b. 
Should the racing vehicle sought to be licensed fail the sound test recited in this section, the vehicle will not be licensed or permitted to take part in a race until such time as the racing vehicle meets the sound level of 94 dB(A) under the conditions set forth in Subsection a.
[1974 Code § 109-7; Ord. No. 537]
The Code Enforcement Officer of the Township of Berkeley shall be the person primarily responsible for the enforcement of this section. He shall conduct all necessary inspections and tests to determine compliance with this section. He shall periodically inspect the premises and conduct tests, particularly with reference to the noise levels conducted.
[1974 Code § 109-8; Ord. No. 537]
The license holder shall be responsible for meeting the requirements of this section, and the failure of any other person to comply shall not constitute a defense. The operator of the facilities shall make such regulations for participants as shall bring about compliance.
[1974 Code § 109-9; Ord. No. 537]
Each facility shall pay an annual license fee of $1,000, and each car shall pay an inspection fee of $5. In the event that the municipal official demands an additional test of a participating motor vehicle, the fee shall be charged only if the motor vehicle fails to meet the requirements.
[1974 Code § 109-10; Ord. No. 537; Ord. No. 88-43]
Any person, partnership, corporation or other entity who violates any provisions of this section shall be subject to a fine of not more than $1,000 or such other maximum as permitted by law.
[1974 Code § 109-11; Ord. No. 537]
Any substantial infraction or multiple infractions of any of the provisions of this section shall be sufficient grounds to enable the Township Council, after public hearing, upon reasonable written notice, to suspend or revoke any license or permit issued under the terms of this section.
[1974 Code § 109-12; Ord. No. 537]
Automobile racing facilities, as referred to herein, shall be specifically exempt from any noise control ordinances heretofore enacted.
[Ord. No. 98-02 § 1]
The purpose of this section is to authorize Berkeley Township first aid squads and fire departments to solicit contributions on roadways or highways within the municipality and to establish procedures for the same.
[Ord. No. 98-02 § 2]
Each duly authorized and incorporated volunteer first aid squad or fire department for the Township may solicit contributions on roadways or highways within the municipality twice a year.
[Ord. No. 98-02 § 3]
The first aid squad or fire department seeking to engage in such conduct must make application to the Municipal Clerk for a permit to conduct the highway or roadway solicitation.
[Ord. No. 98-02 § 4]
The permit shall issue upon approval by the Chief of Police of Berkeley Township.
[Ord. No. 98-02 § 5]
No person other than a volunteer member of the duly authorized and incorporated first aid squad or fire department for the Township may engage in the conduct of charitable solicitation pursuant to this section.
[Ord. No. 98-02 § 6]
No person engaged in the charitable solicitation pursuant to this section shall stand on a highway or roadway so designated and marked, to stop, impede, hinder or delay the progress of a vehicle for the purpose of soliciting the purchase of goods, merchandise or tickets, or for the purpose of soliciting contributions.
[Ord. No. 98-02 § 7]
The Township shall not authorize charitable duly authorized volunteer first aid squads or fire departments for the Township to solicit charitable contributions on any County highway or intersection of a County highway without approval of the Board of Chosen Freeholders of Ocean County.
[Ord. No. 98-02 § 8]
The Township shall not authorize charitable duly authorized volunteer first aid squads or fire departments for the Township to solicit charitable contributions on any State highway or intersection of a State highway without approval of the State Commissioner of Transportation.
[Ord. No. 98-02 § 9]
A permit may issue only upon the presentation of a certificate of insurance to the Municipal Clerk.
[Ord. No. 98-02 § 10; New]
Any person who violates any provision of this section shall be liable to the penalty established in Chapter 1, § 1-5, with a maximum of $100.
[Ord. No. 98-02 § 11]
Notwithstanding any provisions of law to the contrary, the Township, the County or the State shall not be liable in any civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of roadway solicitations for the purpose of soliciting contributions, conducted by charitable organizations pursuant to N.J.S.A. 39:4-60.
[Ord. No. 00-12-OAB § 1]
"Amusement park" and the word "park," as used herein shall be any building, structure and/or any place of amusement operated upon a lot or plot of round in the open air, permanent in its nature and operated by private enterprise for profit during the entire year or any part thereof, whether admission is charged to enter or not.
[Ord. No. 00-12-OAB § 1; Ord. No. 11-27-OAB § 1]
It is hereby recognized, that there exists within the Township of Berkeley an amusement park located at 140 Route 9, Bayville, Township of Berkeley which amusement park is presently known as "Blackbeards Cave." It is further recognized that amusement parks shall also be permitted as a conditional use in the R-400 PRRC Commercial Zones.
[Ord. No. 00-12-OAB § 1]
It shall be unlawful for any person, firm or corporation to own or operate within this municipality any amusement game or games as defined in the "Amusement Games Licensing Law" (Chapter 109, P.L. 1959 N.J.S.A. 5:8-101), without first having obtained a proper license from the Township Council of the Township of Berkeley. The license shall be issued subject to the provisions of "Amusement Games Licensing Law" (Chapter 109, P.L. 1959), and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Legalized Games of Chance Control Commission, Department of Law and Public Safety of the State of New Jersey.
[Ord. No. 00-12-OAB § 4]
Each applicant for such a license shall file with the Township Clerk a written application in duplicate therefor. The application must be in the form prescribed by the Legalized Games of Chance Control Commission and must comply with all the requirements as specifically set forth in Section 2 of Chapter 109, Public Laws 1959 and any amendments and supplements thereto and any additional requirements as may be promulgated from time to time by the Legalized Games of Chance Control Commission of the State of New Jersey.
[Ord. No. 00-12-OAB § 5]
The Governing Body of this municipality shall make an investigation of the qualification of each applicant and the merits of each application as directed by the Amusement Games Licensing Law. In this municipality, the Chief of Police is and shall be charged with the duty and responsibility of making the initial investigation and reporting thereon in writing to the Governing Body.
[Ord. No. 00-12-OAB § 1]
a. 
Upon proof of compliance with all applicable requirements, the Township Council shall authorize the issuance of a license, by resolution, the license to be effective for a term of one year, commencing with date of issuance and terminating on December 31 of each year. The resolution shall specifically recite that the premises to be licensed are located on a recognized amusement park in the municipality. A certified copy of the resolution shall be transmitted, together with copy of the application and license certificate issued, to the Legalized Games of Chance Control Commission.
b. 
License Certificate.
1. 
Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one copy to the Commission, as aforesaid, and the additional copy to be retained by the Township Clerk.
2. 
Each license certificate shall indicate:
(a) 
The name of the licensee.
(b) 
The address of the licensed premises.
(c) 
The name or description of the kind of game licensed.
(d) 
The amount of fee paid.
(e) 
A statement of the dates between which and the hours between which such game may be conducted.
3. 
The license certificate shall be in the form prescribed by the Legalized Games of Chance Control Commission.
c. 
Each license shall be conspicuously displayed at the place or places where the game is to be conducted at all times during the conduct thereof.
[Ord. No. 00-12-OAB § 1]
The Township expressly reserves the right to license amusement games other than the ones described herein and to establish fees therefore for the use in the area designated in accordance with the requirements set forth in this section. The games hereinafter licensed shall be incorporated herein by reference thereto.
[Ord. No. 00-12-OAB § 1]
a. 
No application for the issuance of a license shall be refused by the Township Council until after a hearing is held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
b. 
Any license issued under this section may be amended, upon application made to the Township Council, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable, if it had been so included.
c. 
No license issued pursuant to this section shall become operative unless and until the licensee named therein shall have procured a State license from the Legalized Games of Chance Control Commission.
[Ord. No. 00-12-OAB § 1]
a. 
The Township Council shall have and exercise control and supervision over all amusement games held, operated or conducted under such license with all the powers authorized or granted to it under the Amusement Games Licensing Law and all amendments and supplements thereto.
b. 
The Chief of Police of the Township may inspect or cause to be inspected any place or building in which amusement games or services are operating.
c. 
Amusement games and devices shall be kept and placed in plain view of any person or persons who may frequent and be in any place or place of business where such devices or games are used and licensed.
d. 
Nothing in this section shall be construed to authorize or license any gambling device or game not specifically permitted by the laws of New Jersey.
e. 
No gambling between participants in any amusement games or the users of any amusement devices shall be permitted at any time.
f. 
Amusement games and devices shall not be permitted at any premises licensed for the sale of alcoholic beverages pursuant to Title 33 of the New Jersey Statutes.
[Ord. No. 00-12-OAB § 1]
Any person, association, or corporation who or which shall make any false statement in any application for such license, or shall fail to keep such adequate and proper books and records as shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under such license, or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license, or shall violate any of the provisions of this Article or the Amusement Games Licensing Law (Chapter 109 P.L. 1959) as amended from time to time or of any of the terms of such license, shall be a disorderly person; and if convicted as such, shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it under this section.
[Ord. No. 00-12-OAB § 1; Ord. No. 11-35-OA]
a. 
There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such games. The annual license fee for each such place shall be the sum of $500 so long as there are no more than 35 games located at such place.
b. 
A separate license shall be issued for each game over 35 games authorized to be held, operated and conducted on the licensed premises by the licensee. The license fee for each game in excess of 35 games, certified, as provided for pursuant to N.J.A.C. 13:3-7.1 et seq., as it may be amended from time to time, shall be $50 per game.
c. 
The required fee, which shall be an annual fee without proration, shall accompany the license application. In the event that the license is denied or the application therefore is withdrawn, the Township shall retain 25% of the application fee as an investigation fee, and the balance shall be returned to the applicant.
d. 
The Township Council expressly reserves the right to license amusement games other than the ones described and to establish fees therefor for the use in the area designated in accordance with the requirements set forth herein. The games hereinafter licensed shall be incorporated herein by reference thereto.
[Ord. No. 00-12-OAB § 1]
As used in this section, the following terms shall have the meaning indicated:
GAME
Shall mean any game or amusement which is authorized under the provisions of the Amusement Games Licensing Law (Chapter 109 P.L. 1959), except that there shall not be permitted a game of chance incorporated:
a. 
A laydown board marked in segments bearing numbers, games, or symbols whereon the player or players place the entry fee as an indication of choice of expected winner.
b. 
Electrical push-button switches or similar devices situated or located at each segment on the board which enable any player to start or stop the game.
c. 
A moving indicator powered and driven by an electric motor which may be activated and deactivated by any player by means of the switches provided.
d. 
An arrangement of numbers, names or symbols corresponding to those on the laydown board to one of which the moving indicator points when it stops after exhausting its momentum following deactivation of the motor, generally known as "stop and go game."
[Ord. No. 00-12-OAB§ 1]
a. 
The provisions of this section shall not apply to any carnival, fair, or other activity held on an annual basis by a nonprofit group or organization wherein amusement devices, structures, or rides are installed or used on a temporary basis.
b. 
Exempt Organizations. Baseball, football and basketball games, entertainments or lecture courses by civic bodies and fire companies of the Township, and entertainments of lecture courses, the expense of which are guaranteed by residents of the Township, are excepted from the requirements of this section.
c. 
Charitable or Religious Organizations. This section shall not apply to any of the amusements enumerated when the net proceeds are for the benefit of any charitable or religious organization located within the Township or when given by the pupils of any school in the Township, the proceeds of which are to be used for educational purposes.
[Ord. No. 00-12-OAB § 1]
All licenses issued under this section shall expire on December 31 of each year.
[Ord. No. 00-12-OAB § 1]
Any person, firm, or corporation violating any of the provisions of this section, shall be subject to a penalty not to exceed $1,000, or imprisonment not to exceed 90 days, or both. The same shall be in addition to the powers of suspension or revocation of any such license as provided for herein.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
a. 
Definition of Special Event. For the purposes of this section, the term "special event" is defined as, but not limited to, any event outside the normal business operations of a public entity that is dependent on the use of municipal facilities, lands, roads, services and/or finances. Special events shall include any event that will require use of a portion of Township property for sole use by a person, people or an organized group to the exclusion of the general public. Examples of special events are: parades, concerts, filming of television shows and specials, haunted houses and walkathons.
b. 
Determination of Township Clerk. In the event that an application is received by the Township Clerk which in the judgment of the Township Clerk may not be required pursuant to this section, the Township Clerk shall then consult with the Township Administrator to determine whether the application must be completed or returned to the applicant unprocessed.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
An application to conduct such special event shall be submitted to the Township Clerk together with an application fee of $100, in writing, by the person or persons in charge or responsible therefor. Such application shall set forth the following information:
a. 
The name, address and telephone number of the person requesting the special event permit. The person requesting the permit shall be deemed the contact person for the event unless otherwise specified. If a second person is specified as the contact person for the event, then that person's name, address and telephone number shall also be provided.
b. 
The name and address of the organization or group the applicant is representing.
c. 
The name, address and telephone number of the person or persons who will act as chairman of the special event and be responsible for the conduct thereof. If said person shall be the same as the contact person, same must be specified.
d. 
The number of agents or representatives of the organization hosting the special event who will be present at the time of and during the special event shall be provided. Names of such agents and representatives shall be provided. Some identifying clothing or accessory, such as name tags, shall be worn by each representative or agent so as to make such persons readily identifiable. The Township shall approve any such clothing or accessory as sufficient to identify event personnel.
e. 
The activities planned for the event, the estimated number of persons to participate and/or attend, and the number and types of vehicles (if any) to participate.
f. 
The method of notifying participants and invitees of the rules and regulations governing the special event, if appropriate.
g. 
The date(s) the event is to be conducted and the hours it will commence and terminate.
h. 
The specific assembly and dispersal locations, the specific route and the plans, if any, for assembly and dispersal.
i. 
Whether any music will be provided, either live or recorded.
j. 
The number, types and locations of all loudspeakers and amplifying devices to be used.
k. 
Such other information as the Township may deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
a. 
A person seeking issuance of a parade permit shall file a supplemental application with the Township Clerk. Said application shall be in addition to the general special events application required pursuant to Subsection a.
b. 
An application for a parade permit shall be filed with the Township Clerk not less than seven nor more than 30 days before the date on which it is proposed to conduct the parade.
c. 
The application for a parade shall set forth the following additional information:
1. 
The route to be traveled, the starting point and the termination point.
2. 
The approximate number of persons, animals and vehicles that will constitute such parade; the type of animals and description of the vehicles.
3. 
The hours when such parade will start and terminate. This information shall be in addition to the information provided above which shall indicate the start and end times of the entire event. The answer to this question shall specify the actual time for the duration of the parade itself to the exclusion of any pre- or post-activities.
4. 
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
5. 
A listing of locations by streets, of any pre-parade assembly areas for such parade and the time at which units of the parade will begin to assemble at any such area or areas. For purposes of the public health, safety and welfare, these times must be specific and rounded to the quarter hour. The general time of the parade route shall not include the assembly time. For each street upon which assembly will occur, a separate time must be provided, as well as an estimated time of departure from that street to begin the parade. By providing times, the applicant for a parade permit is acknowledging that the parade is scheduled to move from the point of origin to its point of termination expeditiously and without unreasonable delays en route.
6. 
The interval of space to be maintained between units of such parade.
7. 
Any additional information which the Township Clerk shall find reasonably necessary for a fair determination as to whether a permit should issue and any information necessary to secure the public health, safety and welfare.
8. 
If the parade will use or traverse any State or County road or highway within the Township of Berkeley, the application shall be accompanied by a written consent or other written authorization to hold such parade on the date and the time requested, issued by the public agency or body having jurisdiction and control over said road or highway.
d. 
The Township Clerk shall have the authority to consider any application hereunder which is filed less than seven days before the date such parade is proposed to be conducted and may at his/her discretion waive the requirement for certain information if found to be unnecessary based on the application.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
Once a completed application is submitted, the Township Clerk shall refer a copy to the Mayor, Township Council, Department of Public Safety, Division of Inspections (if applicable) and Board of Fire Commissioners (if applicable). Once the above-referenced Township Departments have completed their review of the application, they shall make a recommendation to the Governing Body. Upon consideration of the recommendation of the Township Departments, if the Governing Body shall find that the special event is not to be held for any unlawful purpose and will not in any manner endanger the public health, safety and welfare or unnecessarily interfere with the public use of the streets and sidewalks, the Governing Body may approve the application. After giving consideration to the recommendations of the Township Departments, the final determination as to whether or not a permit shall be issued shall be made by the Governing Body.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
All completed special event applications shall be presented to the Governing Body by the Township Clerk at the meeting next following the filing of the completed application. The Township Clerk may exercise reasonable discretion in holding an application from consideration if the Township Clerk and/or Township Departments determine that an informed decision cannot be made by the Governing Body without first obtaining additional essential information.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
Any permit granted under this section may contain conditions reasonably calculated to reduce or minimize dangers and hazards to vehicular or pedestrian traffic and the public health, safety and welfare, including, but not limited to, changes in time, duration or number of participants. In all cases, the following shall apply:
a. 
The conduct of the special event will not substantially interrupt the safe, and orderly movement of other traffic contiguous to its route or location.
b. 
The conduct of the special event will not require the diversion of so great a number of Police Officers of the Township to properly police the line of movement and the areas contiguous thereto as to prevent normal Police protection to the Township.
c. 
The conduct of such special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Township other than those to be occupied by the proposed line of march and areas contiguous thereto.
d. 
The concentration of person, animals and vehicles at assembly points of the special event will not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to such assembly areas.
e. 
The conduct of such special event will not interfere with the movement of firefighting equipment en route to a fire.
f. 
The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
g. 
All directional signs erected in connection with the special event shall be removed within 24 hours of the termination of the event.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
Pursuant to N.J.S.A. 40:67-16.9, for the purpose of carrying out the preceding sections of this section, the Governing Body authorizes the Mayor to provide, by regulation, for the closing of any Township-owned street, or portion thereof, to motor vehicle traffic on any day or days or during specified hours on any day or days whenever he/she finds that such closing is necessary for the preservation of the public safety, health or welfare. Any regulations promulgated by the Mayor pursuant to the authority of this section shall provide for the posting of proper warning signs of such closing of any street, or portion thereof, during the time same is closed. If any County-owned street needs to be closed in connection with the special event, it shall be the responsibility of the applicant to obtain the approval for the same from the County prior to the commencement of the special event. Proof of such approval shall be provided prior to the commencement of the special event. However, the Governing Body may, in its discretion, approve an application contingent upon the providing of such proof.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
a. 
All applicants must provide a Certificate of Insurance specifically naming the Township of Berkeley as an additional insured providing general liability, bodily injury and property damage coverage with minimum limits of liability not less than $1,000,000.
b. 
The applicant shall agree to indemnify, defend and hold harmless the Township, its agents, servants, representatives and employees, from and against all losses, damages, claims, liabilities and causes of action of every kind, or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this ordinance to the extent permitted by law. The applicant shall give the Township prompt and reasonable notice of any such claims or actions.
c. 
Where it shall appear that the nature or size of the event or the existence of other applicable insurance will not reasonably require the limits hereinabove related, the governing body may set lesser limits or accept such evidence of other insurance or financial responsibility as will reasonably afford protection to the participants of the event and the general public.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
In instances where the Chief of Police has determined that an event requires additional security, the applicant shall be informed of such information. The applicant will thereafter be responsible for paying for the additional security provided by the Township Police Department or, shall propose to the Chief of Police an alternate security plan. The Chief of Police shall determine whether the alternate will adequately address safety concerns and make a determination as to what type of security is needed.
[1]
Editor's Note: Prior ordinance history: Ord. No. 13-42-OAB.
[Ord. No. 2016-36-OAB; Ord. No. 2017-03-OAB]
As used in this section, the following terms shall have the meanings indicated:
FILMING
Shall mean the taking of a still or motion picture, either on film, videotape, webcam, or digital recording medium, intended for viewing on television, in movie theaters, on the Internet, or for institutional uses.
PUBLIC LANDS
Shall mean any and every public street, highway, sidewalk, public park, playground or any public place which is within the jurisdiction and control of the Township of Berkeley.
[Ord. No. 2016-36-OAB; Ord. No. 2017-03-OAB]
a. 
Permission to Film. The filming of motion pictures, television shows, and advertisements, produced for commercial or profit-making purposes and for distribution or dissemination in movie theaters, on cable or broadcast television, or over the Internet, is permitted in the Township provided a permit is obtained as provided herein.
b. 
Permit Requirements. To obtain a film permit, the following requirements must be satisfied:
1. 
Issuance. Permits may be obtained from the office of the Township Clerk upon the filing of an application and payment of all fees required pursuant to this section.
2. 
Approval of Permits. Permit applications shall be reviewed by the Business Administrator, Chief of Police, Director of Public Works, and any other Township official designated by the Administrator.
3. 
The grant of a permit may be limited by conditions to mitigate the negative impact of filming such as, the need for security, limited times of day or any other condition or restriction imposed by the Township. Those conditions shall be stated in the permit.
4. 
Fees:
(a) 
Each permit requires the payment of a non-refundable review fee of $25. The fee shall not be required for student or not-for-profit filming.
(b) 
Daily use fee of $100 shall be charged for filming taking place on public property. The fee shall not be required for student or not-for-profit filming.
(c) 
Additional fees may be charged for actual costs incurred for additional requirements such as police security, public works set-up, clean up and/or restoration of sites.
c. 
Exceptions. The permit requirement does not apply to:
1. 
Coverage of news or matters of public importance events by print, broadcast, or electronic media.
2. 
Filming of limited duration intended primarily for personal, documentary, or promotional purposes that does not involve a movie studio or production company.
[Ord. No. 2016-36-OAB; Ord. No. 2017-03-OAB]
Violation of this section shall be punishable by penalty pursuant to § 1-5 of the Township Code.
[Ord. No. 14-05-OAB § 1]
The purpose of this section is to require the licensing of any person, firm, corporation, partnership or other entity engaging in, conducting or operating any business within the limits of the Township of Berkeley.
[Ord. No. 14-05-OAB § 2]
Hereafter, any person, firm, corporation, partnership of other entity engaging in, conducting or operating any business within the limits of the Township of Berkeley shall be required to secure a license for any business conducted or operated and to pay annually a fee to the Township of Berkeley for a license to conduct or carry on the business or operation.
[Ord. No. 14-05-OAB]
a. 
The license fee for each mercantile establishment shall be $25 per year.
b. 
The term of the license shall be for the calendar year. Each license shall expire on December 31st of the year in which it was issued.
c. 
The fee for the renewal of a license shall be $25 payable 30 days prior to the expiration of the license. Failure to renew a license prior to its expiration shall result in loss of license and shall require a new application.
[Ord. No. 14-05-OAB; Ord. No. 2017-33-OAB]
Applications for mercantile licenses shall be filed with the Township Clerk with the payment of the fee listed in Subsection 5-29.3. Upon determination of a complete application, the Township Clerk shall issue a mercantile license. The issuance of a valid mercantile license shall not indicate the license holder's establishment is in compliance with all applicable codes.
[Ord. No. 14-05-OAB]
a. 
Periodic Inspections.
1. 
To ensure the continued health, safety and welfare of the community, the Township may make periodic inspections of the premises of any business conducted within the Township. The licensee or its agent shall admit the inspector to the premises to be inspected at any reasonable time that admission is requested.
2. 
If any violations are found on inspection, the licensee shall be given five days to correct such violations. If the violation still persists after reinspection, the license for that operation of such business shall be revoked.
b. 
Any license issued pursuant to this chapter may be suspended or revoked by the Township Council for cause, after notice and a hearing, or pending such hearing for:
1. 
Fraud, misrepresentation or false statements contained in the initial license application or renewal form.
2. 
Conducting the mercantile activity himself or herself, by an agent, servant or employee in an unlawful manner that violates the provisions of this section, Federal Law, State Law or any ordinance of the Township of Berkeley.
c. 
Notice of a hearing to suspend or revoke a license issued pursuant to this section shall be given in writing personally or by regular mail to the address contained in the license application. The notice shall set forth the grounds for the hearing. The hearing date shall be set at least 10 days from the date of the notice.
d. 
Appeal of a license revocation shall be made to the Township Council at a Township Meeting. A full report of the reasons for revocation shall be made to the Mayor and Council. In considering the appeal, the Mayor and Council shall give due regard to the seriousness of the violations; the good faith efforts, or lack thereof, by the licensee to remedy such violations; and the reasonable time period necessary to correct the violations.
[Ord. No. 14-05-OAB]
The license shall be displayed in a conspicuous location on the premises of the licensed establishment.
[Ord. No. 14-05-OAB]
No license granted to any person, persons or corporation shall be assignable or transferable to any other person, persons or corporation. In the event the licensee wishes to move the license from one location to another, the licensee must first advise the Township Clerk.
[Ord. No. 14-05-OAB]
It shall be unlawful for any person, persons or entity to manage or conduct any business or to use for any business purpose any vehicle, room, building, home or other place or thing herein required to be licensed or to aid or assist or act as employee, clerk or otherwise in the carrying on of such business unless such license fee has been paid and such certificate obtained as required pursuant to the provisions of this section. The purpose of this section is to require the licensing of any person, firm, corporation, partnership or other entity engaging in, conducting or operating any business within the limits of the Township of Berkeley.
[Ord. No. 14-05-OAB]
Any person who violates one or more of the provisions of this section shall be subject to a fine of not more than $1,000 for each separate offense and/or confinement in the Ocean County jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $1,000 may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Existing businesses shall comply with the terms of these provisions by July 1, 2014, or be subject to penalties. Businesses started after the effective date of this section shall comply immediately or be assessed violations. (Section 5-29 was adopted April 7, 2014 by Ordinance No. 14-05-OAB)
[Ord. No. 14-05-OAB]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Amended 5-21-2018 by Ord. No. 18-18-OAB]
For the purposes of this section, the terms used herein are defined as follows:
PUBLIC SPACES
Shall include, but not be limited to, that portion of a public sidewalk, public right-of-way, streets, and alleyways which immediately abuts a restaurant or other establishment serving food and beverage.
SIDEWALK CAFE
An area adjacent to a restaurant or other establishment serving food and beverages intended to be utilized for the purpose of outdoor dining that extends into public spaces, such as public sidewalks, public right-of-way, streets, alleyways and other publicly-owned lands.
A sidewalk cafe is permitted as a use accessory to a principal restaurant use. No person, however, shall establish, maintain, own or operate any sidewalk cafe that extends into, or is located entirely in, any public spaces, including sidewalks, alleyways, public streets, or other publicly owned lands, without first having obtained a license from the Township Clerk of the Township of Berkeley. Applicants shall meet all general ordinance requirements and all building codes applicable to the proposed activity.
a. 
Applications for a sidewalk cafe license shall be made to the Township Clerk upon forms provided by the Clerk, and such applications shall be accompanied by a sketch plan setting forth the specific location for the proposed sidewalk cafe. The sketch plan shall include:
1. 
A depiction of all aisles.
2. 
Routes of ingress and egress.
3. 
Clearances between tables and between the seating area and the curb.
4. 
Illustration, rendering or photograph of all proposed furniture, umbrellas, awnings, planters, fences, signage and other furniture proposed.
5. 
The indoor seating capacity of the restaurant.
6. 
Distances from automobile travelways and parking areas.
7. 
A litter control plan.
b. 
Any person submitting an application for an outdoor cafe or restaurant license shall submit an application fee in the amount of $100 with said application. Should an application be approved by the Mayor and Council of the Township by resolution as specified herein, the applicant shall pay a licensing fee in the amount of $1 per square foot of public space utilized for said sidewalk cafe. No fees shall be pro-rated nor any part thereof refunded for any reason.
c. 
The applicant shall indemnify and save harmless the Township of Berkeley, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees (liabilities) arising from the placement, operation and maintenance of the applicant's sidewalk cafe. The applicant agrees to name the Township of Berkeley as an additional insured under the applicant's general liability insurance (minimum required limit of $1,000,000), bodily injury, property damage and personal injury, and maintains such insurance for such time as the sidewalk cafe exists. The owner shall provide the Clerk with evidence of such insurance.
d. 
Upon receipt of a license application with the appropriate fee, the Township Clerk shall refer the application to the proper officer for a physical inspection of the premises for which the license is to be issued. The inspecting officer shall make a report thereon after receiving the licensing application. The inspection shall consider the potential interference with pedestrian or vehicular traffic, appropriateness of design, the business record of the applicant and general public safety, health and welfare considerations, and that the business and premises are in compliance with all applicable ordinances of the Township of Berkeley, and any other appropriate regulations, such as the Uniform Construction Code.
The following regulations shall apply to sidewalk cafes:
a. 
The sidewalk cafe may have a retractable awning or umbrella and may contain furniture, including tables, chairs, and planters that are easily portable and that can be moved inside the principal structure.
b. 
A minimum pedestrian walkway of 48 inches shall be maintained at all times. The area shall be unobstructed by trees, tree wells, light poles, trash receptacles, sign poles and posts, and similar structures.
c. 
No outdoor service shall be provided before 6:00 a.m. or after 10:00 p.m.
d. 
Live music, amplified music or other entertainment shall comply with the noise limitations of Township ordinances.
e. 
Outdoor lighting shall not shine onto adjoining properties.
f. 
The carrying of any open container of alcoholic beverages shall be prohibited outside the delineated area of the sidewalk cafe.
g. 
The sidewalk cafe shall not interfere with safe pedestrian and vehicular traffic on or in the vicinity of the restaurant or lot.
h. 
The owner of the restaurant is responsible for keeping the pedestrian walkway in front of the premises clean and free of trash and debris on at least a daily basis.
i. 
The area must be properly maintained at all times including complying with the litter control plan, complying with all applicable laws, rules, regulations and codes, properly securing or removing tables, chairs and other items during times of inclement weather and high wind; further, at no time shall chairs, tables or other items be stacked in the area.
Any and all licenses issued pursuant to the term of this chapter shall permit sidewalk cafe operations to begin no earlier than April 1 of the year in which the license is issued and expiring no later than December 1 of the same year.
All street furniture (including tables and chairs) must be removed from the public spaces area between December 1 and April 1.
No license granted to any person, persons or corporation shall be assignable or transferable to any other person, persons or corporation.
Any person, partnership, corporation or other entity who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5.
[Added 2-27-2023 by Ord. No. 23-03-OAB]
CERTIFICATE OF INSURANCE
A document issued by an insurance company licensed to do business in the State of New Jersey including the policy holder's name, the address of the covered property, the policy effective and expiration dates, the type of coverage, the policy limits, the policy carrier and the names of any additionally insured parties.
[Added 2-27-2023 by Ord. No. 23-03-OAB]
The owner of a business, a rental unit, or rental units located in the Township shall be required to register a certificate of insurance annually by January 1 of each year with the Municipal Clerk as follows:
a. 
The owner of any business located in the Township shall file a certificate of insurance in an amount no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any accident or occurrence.
b. 
The owner of a rental unit or units, with the exception of multifamily homes containing four or fewer units one of which is owner occupied, located in the Township shall file a certificate of insurance in an amount no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any accident or occurrence.
c. 
The owner of multifamily home containing four or fewer units one of which is owner-occupied located in the Township shall file a certificate of insurance in an amount no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any accident or occurrence.
[Added 2-27-2023 by Ord. No. 23-03-OAB]
Registration of a certificate of insurance is subject to a mandatory administrative fee of $25 annually.
[Added 2-27-2023 by Ord. No. 23-03-OAB]
a. 
Any person violating or failing to comply with any other provision of this section shall, upon conviction thereof, be punishable by a fine of no less than $500 and no more than $5,000, as determined in the discretion of the Municipal Court Judge.
b. 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.