Township of Holmdel, NJ General Licensing

Initial fee: $50.

Annual permit renewal fee: $50.

Residential Property:

Initial fee: $20.

PUBLIC STREET OR SIDEWALK

Annual permit renewal fee: $20.

No alarm installer shall undertake any work toward the installation of an alarm system in or on any property in the Township unless the alarm installer has filed the above-referenced application with the Chief of Police or has been presented with and made and retained a copy of written evidence that the alarm user has filed the application with the Chief of Police for an alarm system to be installed. It shall be the responsibility of the alarm installer to advise its customers of the requirements of this section. Any person or entity installing an alarm system without evidence of an application for a permit in accordance with this section shall be subject to a fine of up to $1,000 per offense, which can be reduced or suspended upon proof that a permit has been obtained for the alarm site.

The Chief of Police shall issue a permit for the operation of an alarm system if he/she or his/her designated representative is satisfied that the registration information is complete and that the alarm system will be operated in conformance to this section. The permit may be granted subject to any special conditions stated thereon, if necessary.

Permittees shall be required to reregister whenever there is a change in the alarm user or alarm business responsible for maintaining, servicing and/or monitoring the alarm system.

Registrations shall not be transferable from one alarm site to another or from one permittee to another.

Reporting Updated Information. Whenever the information provided on an alarm permit application changes, the alarm user shall provide corrected information to the Holmdel Police Department within 20 days of the change and/or as part of any alarm permit renewals completed pursuant to this section. Failure to comply with this subsection shall be deemed a failure to register an alarm system.

§ 4-1.5 Limitation of Township Obligations.

[Ord. No. 2005-30 § I; amended 9-10-2019 by Ord. No. 2019-21]

The Township shall be under no duty nor obligation to any permittee concerning alarm systems registered in accordance with this section.

The requirements contained in this section shall not create any contract, duty, or obligation, either express or implied, between the alarm user and the Township of Holmdel or any of its subdivisions, including the Holmdel Township Police Department, or any of the entities that are subject to its regulation under applicable law, including but not limited to nonprofit entities providing first aid and fire responses. The Township hereby retains any and all governmental immunities afforded to it under applicable law, including but not limited to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. By applying for an alarm permit, the alarm user acknowledges that the Township of Holmdel or any of its subdivisions, including the Holmdel Township Police Department, or any of the entities that are subject to its regulation under applicable law, including but not limited to nonprofit entities providing first aid and fire responses, may have any potential responses to alarm signals influenced by factors such as availability of police or fire units, priority calls, weather conditions, traffic conditions, emergency conditions, staffing and prior response history.

§ 4-1.6 General Regulations.

[Ord. No. 2005-30 § I; amended 9-10-2019 by Ord. No. 2019-21]

Any person or entity testing an alarm system shall notify the Police Department immediately prior to and after the testing is completed. Failure to do so shall subject such person to the penalties provided for false alarms.

The sensory mechanism of alarm systems shall be adjusted so as to suppress false indications and not to be actuated by impulses due to short flashes of light, wind, noises, rattling or vibration at doors or windows or other forces unrelated to alarm systems.

It shall be unlawful to install, maintain or use an audible alarm system, except a fire alarm system, which can sound continually for more than 15 minutes.

Ringing in excess of 15 minutes is deemed to be a public nuisance. In the event that an alarm system emitting an audible, visual or other similar response shall fail to be deactivated within the time limitation specified herein, the Police Chief or his designated representative shall have the right to take such action as may be necessary in order to disconnect such alarm, at the expense of the permittee.

It shall be unlawful to install, maintain or use an automatic dial protection device that reports, or causes to be reported, any recorded message to the Holmdel Township Police Department.

For violation of any provision of this subsection, except Subsection d above, the penalty shall be as set forth in § 1-5, General Penalty.

§ 4-1.7 False and Nuisance Alarms; Penalties.

[Ord. No. 2005-30 § I; amended 9-10-2019 by Ord. No. 2019-21]

In the case of any false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with Subsection 4-1.8. In addition, the Chief of Police shall cause an investigation to be made and shall keep a record of the alarms on file. For false alarms, the following penalties shall be assessed against the alarm user:

For the first and second false alarm in any twelve-month period, a warning shall be issued.

For the third false alarm in any twelve-month period, a fine of $50 shall be paid to the Township.

[Amended 8-9-2022 by Ord. No. 2022-24]

For the fourth false alarms in a any twelve-month period, a fine of $100 shall be paid to the Township.

[Amended 8-9-2022 by Ord. No. 2022-24]

For the fifth or any subsequent false alarm in any twelve-month period, a fine of $150 (plus $50 per each occurrence after the fifth false alarm) shall be paid to the Township.

[Added 8-9-2022 by Ord. No. 2022-24]

In the case of any nuisance alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with Subsection 4-1.8. In addition, the Chief of Police shall cause an investigation to be made and shall keep a record of the alarms on file. For nuisance alarms, the following penalties shall be assessed against the alarm user:

For the first and second nuisance alarm in any twelve-month period, a warning shall be issued.

For the third nuisance alarm in a twelve-month period, a fine of $500 shall be paid to the Township.

For the fourth and fifth nuisance alarms in a twelve-month period, a fine of $750 shall be paid to the Township.

For the sixth and additional nuisance alarms in a twelve-month period, a fine of $1,000 shall be paid to the Township.

In the event the Municipal Court determines that the false or nuisance alarm(s) occurred as a direct result of an interruption of electrical power, a telephone system malfunction, or other causes beyond the control of the alarm user, or that the alarm user has submitted proof that the alarm system has been satisfactorily repaired to prevent the recurrence of a false alarm or nuisance alarm that is the subject of a violation, the Municipal Court may waive or reduce imposition of the applicable penalties under this section.

False alarms created by an act of nature shall not be subject to penalty under this section.

§ 4-1.8 Chief of Police to Promulgate Rules and Regulations.

[Ord. No. 2005-30 § I; amended 9-10-2019 by Ord. No. 2019-21]

The Chief of Police or his designee may promulgate additional written rules and regulations, subject to the approval of the Township Committee, supplementing this section in order to provide for recordkeeping and efficient operation and management of the system.

§ 4-2 PEDDLERS, HAWKERS, VENDORS, CANVASSERS AND SOLICITORS.

§ 4-2.1 License Required.

[1976 Code § 57-1; Ord. No. 91-7]

It shall be unlawful for any vendor to sell, buy or dispose of, display or offer for sale any food, beverage, confections, goods, wares, merchandise, service or commodities of any nature or description to be delivered or performed presently or in the future or to take orders for any such item or service to be delivered or performed presently or in the future, within the Township, without first obtaining a license therefor.

It shall be unlawful for any vendor to cause the delivery to any building, unless the same has been previously ordered, or to cause the placing upon any automobile, tree, pole, sign, billboard, fence or building, except where located on the premises of the vendor, any printed or advertising matter, unless the vendor shall first obtain a license therefor. Every vendor distributing printed or advertising matter shall do so in such a way as to avoid the littering and scattering of the printed or advertising matter, and such vendor shall comply with all applicable ordinances, rules and regulations established by the Township Committee.

§ 4-2.2 Definitions.

[1976 Code § 57-2; Ord. No. 91-7]

As used in this section:

MERCHANDISE

Shall mean all goods, wares, food, fruit, vegetables, ice cream, candy, farm products, magazines, periodicals, clothing and all kinds of articles of personal property for domestic use, and orders or contracts for services including, but not limited to, home improvements or alterations.

Shall mean all areas legally open to public use as public streets, sidewalks, roadways, highways, parkways, parking lots or spaces, alleys and any other public way.

STAND

Shall mean any news stand, table, bench, booth, rack, hand cart, pushcart or any other fixture or device which is not required to be licensed and registered by the Department of Motor Vehicles, used for the display, storage or transportation of articles offered for sale by a vendor.

VENDOR

Shall mean any person, including an employee or agent of another, who sells or offers to sell or barter food, beverage, goods, confections, wares, merchandise, services or commodities of any nature or description on any public street or sidewalk, on or from any public or private property, from a stand, cart or motor vehicle or from his or her person, or one who travels, by foot, wagon, motor vehicle, pushcart or any other method of transportation from house to house or street to street selling or offering to sell or barter food, beverages, goods, confections, wares, merchandise, services or commodities of any nature or description. The term "vendor" shall also include "canvasser", "solicitor", "transient merchant", "itinerant merchant", "peddler", "hawker", "distributor" or any other term which describes an activity which is similar to those activities conducted by a "vendor".

§ 4-2.3 Exemptions from License Requirements.

[1976 Code § 57-3; Ord. No. 91-7]

Requirements of this section shall not apply as follows:

Exemption from Fee Requirement.

Any charitable or religious body or group that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious objects for which the body exists.

Any person honorably discharged from the military service who has a license under N.J.S. 45:24-9 et seq.

Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S. 45:24-9, possessing a license conforming with said law.

Exemption from Other Requirements. The following persons or entities shall be exempt from all requirements of this section except the provisions set forth in subsections 4-2.8 and 4-2.9 thereof:

Any public utility or its employees, which utility is subject to regulation by the State Board of Public Utility Commissioners; provided, however, that such employee shall display the identification badge or card issued by his/her employer.

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 or persons who had ordered the same or entitled to receive the same by reason of a prior agreement.

Any person going from house to house for the purpose of obtaining the views of any person on any economic, political, religious or social question or project or for the purpose of distributing literature, pamphlets, circulars, samples and the like for the purpose of information and advertising for a governmental or noncommercial agency.

Any person or group engaged in a Township sponsored or cosponsored event.

Any person selling fruits, vegetables or farm products grown by himself/herself, with or without the help of others.

Persons engaged in the sale or delivery of any newspaper which has been approved by the State of New Jersey or any political subdivision thereof as qualified for the publishing of legal notices.

Any member of the Boy Scouts, Girl Scouts or a similarly constituted youth organization that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the objectives for which the group exists.

§ 4-2.4 Application for License.

[1976 Code § 57-4; Ord. No. 91-7]

General Information. Every applicant for a license under this section shall file with the Supervisor of Mercantile Licenses a sworn written application in a form to be furnished by said supervisor, which may contain all information relevant and necessary to determine whether a particular license may be issued, including but not limited to:

The name of the applicant; if a corporation, the names and home addresses (P.O. Box address not acceptable) and home telephone numbers of the president and secretary shall be set forth; if a partnership, the names and addresses of all partners shall be set forth.

The name under which the business is to be conducted.

Business address of applicant (P.O. Box address not acceptable); permanent home address and full local address of the applicant (P.O. Box address not acceptable).

A brief description of the nature of the business and a description of the merchandise or service to be sold.

If employed by another, the name and business address of the person, firm, association, organization, company or corporation (P.O. Box address not acceptable).

If a motor vehicle is to be used in the vending business, a description of the vehicle together with the motor vehicle registration number and the license number.

A description of the proposed location(s) of the vending business and the length of time during which it is proposed that the business shall be conducted.

Three photographs of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches, which may be waived in a renewal application.

Whether or not the applicant has ever had a license to conduct a business in the Township which has been denied or revoked. If such license has been denied or revoked, the applicant shall set forth in detail the facts leading to such action.

The details of any conviction for crimes of the first, second, third or fourth degree, the date of the conviction and the place where the conviction was obtained.

11.

The business telephone number of the applicant.

12.

If a corporation, the name and address of the registered agent thereof (P.O. Box address not acceptable).

Moral Character. No license or renewal thereof, shall be issued to any person not of good moral character. If applicant is not an individual, these provisions shall apply to the officers and managers.

Prior to the issuance of a license, the supervisor of licenses and permits may cause a routine police check to be made of the applicant to verify the validity of the information above-described. The Police Department shall report in writing affirmatively or negatively within 14 days after the request is made, indicating recommendations for approval or disapproval of the granting of the license and the reasons therefor.

After submission of the application and the required fees to the supervisor, he/she shall make any investigation necessary, including but not limited to reports from the Police Department, Health Department and Zoning Officer, and indicate his/her written approval or disapproval of the license application within 30 days after the application is filed. If approved, the initial license shall be issued in the name of the applicant. If disapproved, the supervisor shall notify the applicant in writing of disapproval and the reasons therefor and the applicant shall have 10 days from the receipt of notice to appeal the decision of the supervisor to the Township Committee which, after due hearing, may affirm or reverse the decision of the supervisor.

§ 4-2.5 Fees.

[1976 Code § 57-5; Ord. No. 91-7]

An applicant for a license under this section shall pay an annual license fee of $50 per vendor. This fee shall cover the vendor. For each additional agent or employee the fee shall be $25 per employee.

§ 4-2.6 Insurance.

[1976 Code § 57-6; Ord. No. 91-71]

No license shall be issued to an applicant unless the applicant furnishes proof to the Township of a public liability bond or insurance policy in an amount not less than $100,000 for property damage and injuries, including injury resulting in death, caused by the operation of the vending business. The Township shall be listed as an additional insured under such policy. Multiple applicants from one company may be covered under a blanket policy so long as the minimum coverage required herein applies to each occurrence each employee may be liable for.

§ 4-2.7 Licenses and Identification Badges.

[1976 Code § 57-7; Ord. No. 91-7]

The license issued to a vendor shall be carried with the vendor while he or she is engaged in the business of vending.

In addition to the license, the Township shall issue an identification badge to every vendor. Vendors shall wear their badges in such a way that the badges may be easily read while doing business. If a badge becomes damaged or obscured, the vendor shall return it to the Township and receive another badge at a fee of $25.

Licenses and identification badges shall be used only by the person to whom they were issued and may not be transferred to any other person.

The license holder shall produce such license at the request of any official of the Township or of any resident of the Township with whom he or she wishes to conduct his or her business activity.

§ 4-2.8 Prohibited Practices.

[1976 Code § 57-8; Ord. No. 91-7; Ord. No. 2010-03]

No vendor shall:

Conduct or attempt to conduct his or her business at any residence or on any property on which is posted a sign expressly prohibiting such activity.

Station, place, set-up maintain his or her stand or allow it to remain on any public street if to do so would place him or her closer than 30 feet to any other vendor who is selling thereon.

Station, place, set-up or maintain his or her stand on the sidewalk or allow it to remain there except at the curbline for the purpose of selling food, beverages, goods, confections, wares, merchandise or commodities of any nature or description therefrom.

Station, place, set-up or maintain his or her stand or allow it to remain on any public street in such a way as would: (1) substantially restrict, obstruct, interfere with or impede the pedestrian's right-of-way; (2) substantially restrict, obstruct, interfere with or impede the driver of a vehicle's right-of-way; (3) substantially restrict, obstruct, interfere or impede the ingress or egress from the abutting property; (4) create or become a nuisance; (5) increase traffic congestion, cause or increase traffic delays or hazards; (6) cause or create or constitute danger to life, health or property; (7) locate within 25 feet of a fire hydrant, fire escape, bus stop, loading zone, driveway; or (8) sell food, drinks, ice cream or confections of any kind for immediate consumption unless he or she has available for public use his or her own covered litter receptacle which shall be clearly marked and maintained for his or her patronage use (with separate recyclable compartments) nor shall any vendor leave any location without first picking up, removing and disposing of any trash or refuse remaining from sales made by him or her.

Use a cart the dimensions of which exceed two feet in width, four feet in length and four feet in height including wheel height.

Use any cart which, fully loaded with merchandise cannot be easily moved and maintained under control by the licensee, his/her employee or attendants.

Use, set-up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of his or her stand.

Leave any stand unattended at any time or store, place or leave the same overnight on any public street or sidewalk.

Engage in the business of vending between dusk and 7:00 a.m.

Station, place, set-up or maintain his or her stand, or allow it to remain on any part of the street for sale or display or be sold if to do so would place the vendor or his or her food, beverages, confections, goods, wares, merchandise or commodities of any nature or description closer than 10 feet from intersecting streets or sidewalks.

Station, place, set-up or maintain his or her stand or allow it to remain on any public street if to do so would reduce the unobstructed pedestrian or vehicular right-of-way to less than four feet on any sidewalk or 15 feet on each lane of any public street. The Township Engineer and Traffic Safety Officer may from time to time, recommend to the Township Committee, an increase or decrease in the width of pedestrian and vehicular right-of-way space required, as circumstances dictate in a particular area or on a particular street.

Engage in the business of vending within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.

Station, place, set-up or maintain his or her stand against display windows of fixed location businesses, nor shall they be within 20 feet from an entrance-way to any building, store, theater, library, school, museum, movie house, or other place of public assembly.

Station, place, set-up or maintain his or her stand or vehicle on any portion of a public street or public parking lot in spaces designated for the parking of motor vehicles while conducting business therefrom.

Place a vehicle or stand or conduct a general vending business at a location in the street where stopping, standing or parking is prohibited, or during a time period when stopping, standing or parking is restricted.

Violate any traffic parking law, ordinance or regulation, or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles.

No person shall have exclusive right to any location in or upon the public streets, nor shall any vested rights arise from the use of any location.

Station, place, set-up or maintain his or her stand or allow it to remain on any public street where the posted speed limit is in excess of 35 miles per hour.

§ 4-2.9 Do Not Solicit List.

[Ord. No. 2010-03]

Notwithstanding the provisions of any other subsection of this section, any person or entity who owns or rents property within the Township may register such property on a Do Not Solicit List.

Registration for the Do Not Solicit List shall be made as follows:

The Do Not Solicit List shall be maintained by the Township Clerk.

The Do Not Solicit List shall consist solely of property addresses and shall include no further identifying information concerning the ownership of each property.

The Tax Assessor shall notify the Township Clerk of any change in ownership of property within the Township. The Township Clerk shall remove from the Do Not Solicit List any property which has changed ownership.

The Township Clerk's office shall provide a copy of the Do Not Solicit List to every applicant to whom a permit is issued pursuant to this section. The Township Clerk's office shall also provide a copy of the Do Not Solicit List to any individual or entity otherwise exempt from the provisions of this chapter under Section 4-2 which intends to engage in door-to-door canvassing, solicitation, political campaigning, advocacy, education or proselytizing as those individuals and entities shall be subject to this subsection.

Solicitation at any address identified on the Do Not Solicit List shall constitute a violation of this section. Each and every solicitation at an address identified on the Do Not Solicit List shall constitute a separate violation of this section.

§ 4-2.10 Compliance with Health Requirements.

[1976 Code § 57-9; Ord. No. 91-7; Ord. No. 2010-03]

Any prospective vendor of any food or beverage, in addition to the license required herein, shall apply to the Health Department for a license to operate and must operate in accordance with Chapter 12, of the New Jersey State Sanitary Code-Sanitation in Retail Food Establishments, N.J.A.C. 8:24-1 et seq.

§ 4-2.11 Enforcement.

[1976 Code § 57-10; Ord. No. 91-7; Ord. No. 2010-03]

It shall be the duty of any Police Officer, Health Officer, Code Enforcement Officer, Zoning Officer, or other appropriate Township employee or official to enforce the provisions of this section.

§ 4-2.12 Records.

[1976 Code § 57-11; Ord. No. 91-7; Ord. No. 2010-03]

The Supervisor of Mercantile Licenses shall maintain a record of all licenses issued under the provisions of this section and shall record therein all convictions for violations of this section and other pertinent circumstances and incidents reported to him or her by the enforcement officers/officials.

§ 4-2.13 Suspension or Revocation of License.

[1976 Code § 57-12; Ord. No. 91-7; Ord. No. 2010-03]

Any license issued under this section may be suspended or revoked by the Township Committee after notice and hearing for any of the following reasons:

Fraud, misrepresentation or false statements in the application for the license;

Fraud, misrepresentation or false statements in the course of conducting the business of vending;

Conducting the business of vending contrary to the conditions of the license;

Violation of this section or of any ordinance of the Township;

Conviction of the licensee of any crime or offense involving moral turpitude;

Conducting the vending licensed through applicant himself/herself, or any of his/her agents, servants or employees, 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 or in such manner as to constitute a public nuisance.

Notice of hearing on the suspension or revocation of a license shall be given in writing by the supervisor, setting forth specifically the grounds of complaint and the time and place of the hearing. The notice shall be mailed, by certified mail, to the licensee, at the address indicated on the license application at least 10 days prior to the date set for the hearing.

In addition to the provisions for suspension or revocation, the supervisor, any Police Officer or Township employee or official, or any taxpayer or resident of the Township may make complaint in the Municipal Court for violation of this section.

§ 4-2.14 Expiration and Renewal of License.

[1976 Code § 57-13; Ord. No. 91-7; Ord. No. 2010-03]

All licenses issued under the provisions of this section shall expire December 31 of the calendar year in which they are issued. Any such license may be renewed upon payment of a license renewal fee of $10 and upon submission by the licensee of a new application in conformity with the requirements of subsection 4-2.4 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, together with proof of insurance and bonding renewals.

§ 4-3 LICENSING AND REGULATION OF SALES AND CONSTRUCTION TRAILERS.

§ 4-3.1 Prohibition.

[1976 Code § 33-1; Ord. No. 92-10; Ord. No. 94-13]

As of the effective date of this section, it shall be unlawful for any person, corporation or other legal entity to park or maintain a sales or construction trailer on any public or private property within the Township without a permit duly issued by the Township in accordance with the terms of this section.

§ 4-3.2 Initial Application Process.

[1976 Code § 33-2; Ord. No. 92-10; Ord. No. 93-21]

Permits for temporary sales or construction trailers may be obtained upon submission of a written application to the Code Enforcement Officer by persons desiring the permits. The application shall set forth the name and address of the owner of the trailer; the ownership and location of the site where the trailer is to be parked or maintained and the name and address of the general contractor, if other than the owner of the trailer.

After submission of the application and required application fees, the Code Enforcement Officer shall conduct an examination of the site, consult with the Township Engineer and Public Safety Officer, and issue a written decision approving or disapproving the permit application consistent with the standards of this section, and incorporating any special conditions as appropriate.

[Amended 9-14-2021 by Ord. No. 2021-31[1]]

[1]

Editor's Note: This ordinance also repealed former Subsections c and d and redesignated former Subsection e as Subsection c.

No permit for a sale or construction trailer shall be issued pursuant to the provisions of this section unless and until all municipal taxes and assessments against the property upon which the proposed trailer is to be placed are current. A certification from the Tax Collector shall accompany all applications submitted pursuant to the provisions of this section.

§ 4-3.3 Site Location Standards.

[1976 Code § 33-3; Ord. No. 92-10]

All applications submitted pursuant to the provisions of this section shall be accompanied by a site plan, subdivision plat or survey showing the proposed location of the trailer. No trailer may be located within 125 feet of an occupied dwelling unit. Trailers shall not be mounted on permanent foundations and the required plot plan shall specify landscaping, buffering, and the method of solid waste disposal proposed by the applicant.

§ 4-3.4 Use of Trailers.

[1976 Code § 33-4; Ord. No. 92-10]

Trailers may only be used as temporary sales offices, construction offices and for the storage of construction materials and supplies during the construction of a project on lots in approved subdivision or approved site plan lots. Trailer sites may not be used as staging areas for construction projects.

No advertising signs or devices may be erected or installed on trailers or trailer sites except for one temporary sign as permitted by Section 78-63 of the "Holmdel Development Regulations Ordinance".

Movement of equipment or supplies to and from the trailer shall not commence before 7:00 a.m. and shall cease at 7:00 p.m. Monday through Saturday and no equipment or supplies may be removed to or from the site on Sundays.

§ 4-3.5 Application Fee.

[1976 Code § 33-5; Ord. No. 92-10]

Each application submitted pursuant to the terms of this section shall be accompanied by a fee as follows:

Initial application $200 per trailer.

Renewal application $100 per trailer.

§ 4-3.6 Trailer Permit Duration; Renewal Process.

[1976 Code § 33-6; Ord. No. 92-10]

Any permit issued pursuant to the terms of this section shall be valid for an initial period of 12 months.

Permits may be renewed upon request to the Code Enforcement Officer for additional six month periods. If the location and circumstances for use of the trailer have not changed since the initial application was granted, the Code Enforcement Officer may grant or deny requests for extension or renewal of permits based upon a review of the status of the ongoing construction project; the reason or reasons for delay in the completion of the construction project during the initial permit period or any other relevant factors provided to the Code Enforcement Officer by the applicant or interested parties. If the location and/or circumstances for use of the trailer have changed since the initial application was granted, the application shall proceed pursuant to subsection 4-3.2.

Permits shall expire regardless of the expiration date specified therein upon the issuance of a Certificate of Occupancy for the last unit in a development.

§ 4-3.7 Suspension or Revocation of Permit.

[1976 Code § 33-7; Ord. No. 92-10]

Any permit issued pursuant to the terms of this section may be suspended or revoked by the Township Committee for good cause shown upon notice and hearing. Good cause shall include but not be limited to the following factors:

Fraud, misrepresentation or false statement in the application for the permit;

Use of the sales/construction trailer for any purpose other than purposes set forth in this section;

Violation of any of the terms or provisions of this section;

Use of the trailer and/or construction site by the applicant, his/her agents or employees in an unlawful manner, or in such manner as to constitute a danger to the health, safety and general welfare of the public at large or in such a manner as to constitute a public nuisance;

Failure to maintain the trailer and its site in a clean, litter-free and safe condition.

Notice of the proposed hearing on the suspension or revocation of the permit shall be given in writing by the Municipal Clerk, setting forth specifically the grounds of the complaint and the time and place of the hearing. Notice shall be mailed by certified mail return receipt requested to the permittee at the applicant's address indicated on the application at least 10 days prior to the date set for the hearing.

§ 4-3.8 Penalty.

[1976 Code § 33-10; Ord. No. 92-10]

Any person, firm or corporation found guilty in the Municipal Court of the Township of Holmdel of violating the terms and provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5.

§ 4-4 TAXICABS AND VEHICLES FOR HIRE.

§ 4-4.1 Definitions.

[1976 Code § 28-1; Ord. No. 92-12]

As used in this section:

PERSON

Shall mean and include any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any Court whatever.

STREET

Shall mean and include any street, park, parkway or public place used for public travel.

TAXICAB OR TAXI

Shall mean a motor vehicle used to transport passengers for hire which does not operate over a fixed route and is not hired by the day or hour.

§ 4-4.2 License Required.

[1976 Code § 28-2; Ord. No. 92-12]

No person shall operate a taxicab within the Township for the transportation of passengers for hire without first having obtained the license or licenses required by this section.

§ 4-4.3 License Required for Vehicles Operating Wholly or Partly Within Municipality.

[1976 Code § 28-3; Ord. No. 92-12]

It shall be unlawful to operate any motor vehicles over the streets of the Township for the transportation of passengers for hire, whether such motor vehicle is operated over routes wholly or partly within the territorial limits of such municipality, without first having obtained a license therefor as hereinafter provided; provided that it shall not be unlawful to transport passengers for hire in any motor vehicle used for funeral purposes.

§ 4-4.4 License Applies Only to Vehicle Described in Application.

[1976 Code § 28-4; Ord. No. 92-12]

Licenses issued pursuant to the terms of this section shall only apply to the motor vehicle which is mentioned and described in the original application for a license as provided herein. No other motor vehicle shall be operated under the license, and the licensed motor vehicle shall be owned by the person or legal entity named in the license.

§ 4-4.5 Applications for Taxicab Owner's License and Taxicab Driver's License.

[1976 Code § 28-5; Ord. No. 92-12]

Taxicab Owner's License. Applicants for a taxicab owner's license shall meet the following requirements:

Every applicant for a taxicab owner's license shall submit the insurance policy or policies required by N.J.S. 48:16-3 or N.J.S. 48:16-4 covering the specific motor vehicle or vehicles to be licensed. The applicant shall also execute and deliver the Power of Attorney required by N.J.S. 48:16-5.

Applicants for owner's licenses shall submit a written statement specifying the owner's name, address, the vehicle identification number of each vehicle to be licensed, the type, color, age and make of each vehicle to be licensed, and the number of persons each vehicle is capable of transporting.

Applicants for owner's licenses shall submit at least two character witnesses and/or business references.

Taxicab Driver's License. Applicants for a taxicab driver's license shall meet the following requirements:

The applicant shall be in good health and shall not suffer from any chronic illness or disease which would impair the applicant's ability to safely operate a motor vehicle on the highways of the State of New Jersey.

The applicant shall not be addicted to or use controlled and dangerous substances and shall not be an alcoholic or suffer from alcoholism.

The applicant shall be able to read and write the English language.

The applicant shall be of good and moral character.

The applicant shall not have been convicted of an indictable offense or of a reckless driving offense within two years next preceding the filing date of the application.

The applicant shall possess a valid New Jersey driver's license and shall have a general knowledge of New Jersey Department of Motor Vehicles rules and laws governing the use of motor vehicles within the State of New Jersey.

The applicant shall have a general knowledge of the geography and streets of the Township.

The applicant shall furnish with the application for a taxicab driver's license a recent photograph of himself of a size not less than 4 1/2 inches in height and 3 1/2 inches in width.

The applicant shall be fingerprinted by the Township Police and shall consent to a review of the applicant's motor vehicle driving record and criminal record, if any.

§ 4-4.13 Owners and Operators of Motor Vehicles: Compliance with Statutes Relating to Ownership, Registration, Operation.

The applicant shall be at least 21 years of age.

§ 4-4.6 Insurance Required; Power of Attorney.

[1976 Code § 28-6; Ord. No. 92-12]

No taxicab shall be licensed until the owner thereof shall have filed with the Township Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey (the policy to be approved by the Township Committee of the Township of Holmdel), in the sum of $5,000, against loss from the liability imposed by the law upon the owner or driver for damages on account of bodily injuries or death suffered by any person or persons as a result of an accident occurring by reason of the ownership, maintenance or use of such vehicle upon the streets of the Township of Holmdel; such insurance policy shall provide for payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such taxicab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.

Concurrently with the filing of the policy herein referred to, the person to whom a license shall be granted shall execute a power of attorney and deliver the same to the Township Clerk, whereby such person shall name, constitute and appoint the Clerk his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction, to be served against the insured by virtue of the indemnity granted under the insurance filed, and also for the purpose of acknowledging service on behalf of the insurance company upon the bond. The policy to be furnished shall also insure by the owner of the taxicab the performance of all the conditions of this section and the amendments thereof and supplements thereto and the agreements set forth in the application filed by the owner on securing the license.

The license herein provided for shall continue effectively only so long as such insurance to the full and collectible amount of $5,000 shall remain in force.

§ 4-4.7 Issuance of License.

[1976 Code § 28-8; Ord. No. 92-12]

Upon receipt, of an application submitted pursuant to the terms of this section, the application shall be submitted to the Township Chief of Police for review and recommendation. After receipt of the recommendation by the Chief of Police, the Township Clerk shall submit the application for consideration to the Township Committee.

§ 4-4.8 Factors Considered.

[1976 Code § 28-8; Ord. No. 92-12]

In determining whether to grant or deny any license required by the provisions of this section, the Township Committee shall take into consideration the following factors:

The character, business or financial responsibility, experience of the applicant and the probability that if granted a license, the applicant will operate the licensed motor vehicle in accordance with the provisions of this section.

Any other factors directly related to the granting or denial of a license which would substantially affect the public safety or convenience.

The Township Committee shall, by resolution, grant or deny licenses requested pursuant to the terms of this section within 30 days of their receipt of a completed application form and report from the Chief of Police or his/her designee. If the application is approved, the Clerk shall issue the license upon forms established by the Township Committee by resolution.

§ 4-4.9 Expiration Date of Licenses.

[1976 Code § 28-14; Ord. No. 92-12]

All licenses issued pursuant to the terms of this section shall expire on December 31st following the date when issued, and the fees herein fixed shall be the license fee whether it be for all or part of such license year.

§ 4-4.10 License Fees.

[1976 Code § 28-15; Ord. No. 92-12]

The following fees shall be imposed for the purposes of administering the terms and provisions of this section and for fee generation as provided by law:

For each taxi - $50.

For each taxicab driver's license - $50.

In addition to the above specified changes, applicants shall be responsible for fingerprinting, abstracts and processing fees imposed by the Township Police Department.

§ 4-4.11 Rates.

[1976 Code § 28-17; Ord. No. 92-12]

The Township Committee may, by ordinance, establish the fees charged to any and all passengers occupying or using the motor vehicles regulated by the provisions of this section.

§ 4-4.12 Identification of Taxicabs.

[1976 Code § 28-18; Ord. No. 92-12]

No taxicabs shall be operated in the Township unless and until there is prominently displayed on the motor vehicle the words "Taxicab" or "Taxi". Each taxicab shall also display the rates charged to passengers of the vehicle.

[1976 Code § 28-19; Ord. No. 92-12]

Nothing herein contained shall exempt any person owning or operating any motor vehicle from complying with existing statutes relating to the ownership, registration and operation of automobiles in this State.

§ 4-4.14 Inspection: Power to Revoke License.

[1976 Code § 28-20; Ord. No. 92-12]

The Township Committee or its duly authorized representatives shall have the right to inspect all motor vehicles licensed pursuant to the terms of this section at any and all times and should there be a violation of any of the provisions of this section, any license issued may be revoked.

§ 4-4.15 Authorization to Revoke.

[1976 Code § 28-21; Ord. No. 92-12]

The Township Committee is hereby authorized to revoke any license issued pursuant to the terms of this section for a violation of any term or provision of this section.

The Municipal Court may enforce the terms and provisions of this section and may revoke any license issued pursuant to the terms of this section upon conviction of a license holder for violation of the terms of this section. Should any person holding a license issued pursuant to the terms of this section be convicted of reckless driving or driving under the influence of intoxicating liquors or drugs, in addition to any other sentence provided by the laws of the State of New Jersey, the Judge of the Municipal Court may revoke any license issued pursuant to the terms of this section.

§ 4-5 LICENSING AND REGULATING OF PERSONS ENGAGING IN THE PURCHASE OF PRECIOUS METALS, GEMS, JEWELRY AND SECONDHAND GOODS. [1]

[1]

Editor's Note: Prior ordinance history includes 1976 Code § 51A-1 — 51A-8 and Ordinance Nos. 89-2, 96-20, 2015-16.

§ 4-5.1 Definitions.

[Ord. No. 2015-20]

As used in this section, the following terms shall have the meanings indicated:

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 U.S. state, a valid United States passport, or other verifiable U.S. government issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department or 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 OR "TOWNSHIP 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 "Township."

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 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.

§ 4-5.2 License Requirement for Dealers.

[Ord. No. 2015-20]

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 4-5.1 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 4-5.8.

Licensees may not operate at any location other than site specified in the license. Licensees operating at multiple locations must have each location separately licensed. Each location must be permanent. Itinerant businesses and transient buyers, as defined in subsection 4-5.1 above, are not eligible for licensure and are prohibited from operating in the Township.

§ 4-5.3 Application Process for Dealers; Approval or Denial.

[Ord. No. 2015-20]

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:

The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 4-5.1 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience.

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.

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 shall, as part of the initial application process and annual renewals, require fingerprint criminal background checks through the Federal Bureau of Investigation, Criminal Justice Information Services Division, for the applicant and all owners and employees, which may require payment of additional fees by the applicant.

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.

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.

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.

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 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 4-5.4 the retention and inspection requirements of subsection 4-5.5, 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 4-5.6 of this section.

Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before the Township Attorney or one of the Assistant Township Attorneys in the Division of Law, or another official designated by the Township Attorney, 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.

No license shall be assignable by the dealer.

§ 4-5.4 Identification of Seller; Recordkeeping Requirements for Dealers.

[Ord. No. 2015-20]

For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:

Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 4-5.1.

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."

Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:

The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;

The name, address, date of birth, and telephone number of the seller or sellers;

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.;

A photographed recording of the seller's presented acceptable identification, as set forth in subsection 4-5.1, in a format acceptable by the Chief of Police;

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;

The receipt number;

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;

The price paid for the purchase or pawn of the item(s);

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 and 51:6-1 et seq.;

The time and date of the transaction.

The information outlined in paragraph 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 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 his or her duty as set forth in paragraph 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 paragraph c above.

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 paragraph 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 4-5.5.

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 4-5.5.

§ 4-5.5 Retention; Revocation; Other Restrictions.

[Ord. No. 2015-20]

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 15 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-5.4. 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 fifteen-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.

Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 4-5.4b 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.

In addition to all other reporting requirements, every dealer shall maintain, for at least five years, a paper record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 4-5.4c.

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.

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 4-5.8.

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.

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 paragraph g. 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.

Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Township Attorney, Assistant Township Attorney, or other official designated by the Township Attorney to review the grounds for suspension, been cured, corrected, or appropriately rectified.

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 4-5.8.

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.

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. The Township Attorney, Assistant Township Attorney, or other official designated by the Township Attorney, shall review the stated grounds for revocation and shall issue an appropriate disposition of either suspension, revocation, or reinstatement. If it is determined that revocation is the appropriate disposition, the grounds therefor shall be set forth 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 determined that suspension is the appropriate disposition, the dealer shall be so notified in writing and shall be advised 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.

Appeal. Any applicant wishing to appeal a suspension or revocation shall be entitled to a hearing as provided in subsection 4-5.3e. 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.

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.

§ 4-5.6 Bond.

[Ord. No. 2015-20; Ord. No. 2016-10]

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 Township Attorney, 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 Township of Holmdel, 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 section." 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.

§ 4-5.7 Fees; License Term.

[Ord. No. 2015-20]

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 $200. The annual renewal fee for a license is $100. 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 4-5.4d. Payments are to be made in the manner directed by the Municipal Clerk.

Licenses issued pursuant to this section are valid for one year, from January 1 through December 31. Initial applications and applications for renewal must be submitted no later than October 1.

§ 4-5.8 Violations and Penalties.

[Ord. No. 2015-20]

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 subsection 4-5.5e and f 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 4-5.5f. 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.

§ 4-5.9 Implementation.

[Ord. No. 2015-20]

Effective Dec. 1st, 2015, no existing licensee may continue to operate without having been licensed pursuant to this section.

Nothing contained in this section is intended to replace any preexisting 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.

§ 4-6 PARADES AND SPECIAL EVENTS.

§ 4-6.1 Definitions.

[1976 Code § 55C-1; Ord. No. 16-83; Ord. No. 2018-11]

As used in this section:

PARADE

Shall mean any parade, march, ceremony, show, exhibition, pageant, procession of any kind, or any similar display in or upon any street, park or other public place in the Township.

SPECIAL EVENT

Shall mean any parade or other event, such as a marathon run, walkathon, leisurely walk, bikeathon, foot race, bicycle race, jogging group, motorcycle run, block party, concert, fundraiser, photo shoots, filming of commercials or movies, large social event generating a parking traffic situation that could potentially interfere with the movement of normal traffic and/or emergency vehicles, or other organized group having a similar common purpose or goal proceeding in or upon any street, park or other public or quasi-public place (including schools, both public and private) in the Township.

§ 4-6.2 Permit Required; Exemptions.

[1976 Code § 55C-2; Ord. No. 16-83]

No parade or special event shall be held in the Township unless a permit has been obtained as set forth herein, except that the following shall be exempted from complying with the requirements set forth in this section:

Funeral and wedding processions.

A governmental agency acting within the scope of its function.

Students participating in educational activities under the authorization of the proper school authorities of the Township.

§ 4-6.3 Application Procedure, Fees and Contents.

[1976 Code § 55C-3; Ord. No. 16-83; Ord. No. 2018-11]

An application for a permit to conduct a parade or special event shall be made to the Holmdel Township Police Department, in writing, by the person or persons in charge of or responsible for such parade or event. The application request shall be filed at least 45 days before the scheduled date of the parade or event, except for block party requests which shall be filed 15 days before.

A fee of $50 shall accompany such request and shall be used to reimburse the Township for its administrative costs in issuing a permit. The Township may waive the fee for permits issued to non-profit organizations.

Such application for a permit shall contain the following information:

The name, address and telephone number of the person requesting the permit.

The name and address of the organization or group he/she is representing.

The name, address and telephone number of the person(s) who will act as chairperson of the parade/special event and be responsible for the conduct thereof.

The number of staff and support personnel to be provided and the identifying clothing, signs, badges or symbols to be used or worn by the staff and support personnel.

The purpose of the event, the estimated number of persons to participate and otherwise attend and the number and type of vehicles, if any, to participate.

The date the event is to be conducted, which will include an alternate rain date, if any, and the commencing and terminating times.

The location of the parade/special event, and the plans for assembly and dispersal of the participants.

Whether or not any music will be provided, either live or recorded.

The number, types and locations of all loudspeakers and amplifying devices to be used.

TOWNSHIP STORAGE FACILITY

Whether any admission fee will be charged for participating in the parade/special event.

Any major changes in the activity from what was specified in the original application (date, route, time, etc.) will necessitate a reapplication to be instituted by the applicant.

§ 4-6.4 Issuance of Permit.

[1976 Code § 55C-4; Ord. No. 16-83]

The Police Department shall issue a parade/special event permit upon a finding that:

The conduct of the parade/special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its routes.

The conduct of the parade/special event will not require the diversion of so great a number of Police Officers to properly police the line of movement and the area contiguous thereto as to prevent normal police protection for the Township.

The conduct of such parade/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 that to be occupied by the proposed line of march or special event area in areas contiguous thereto.

The concentration of persons, animals and vehicles at assembly points of the parade/special event will not unduly interfere with the proper fire and police protection of or ambulance service to areas contiguous to such assembly areas.

The conduct of such parade/special event will not interfere with the movement of fire-fighting equipment en route to a fire.

The parade/special event is scheduled to move from its point of origin and to its point of termination expeditiously and without unreasonable delays en route.

The parade/special event is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.

The parade/special event will not tend to unreasonably interfere with the public use of the streets and sidewalks and private properties and can be conducted in a safe manner.

Notice of approval or disapproval of the application shall be given by the Police Department to the applicant no later than 20 days from the date of the filing of the application, except for block party requests which shall be approved or denied no later than 10 days from the date of the filing of the application. In the event of a denial of an application, a written explanation of the reasons for same shall be provided to the applicant.

§ 4-6.5 Miscellaneous Provisions.

[1976 Code § 55C-5; Ord. No. 16-83; Ord. No. 2018-11]

The Police Department in denying any application for a parade/special event permit shall be empowered to authorize the conduct of such parade or special event of a duration, on the date, at a time or of a route and with a number of participants different than that named by the applicant. Any applicant desiring to accept an alternate permit shall, within three days after notice of the action of the Police Department, file a written notice of acceptance with the Police Chief. An alternate parade/special event permit shall conform to the requirements of and shall have the effect of a parade permit under this section.

Where there is more than one parade/special event application for the same date, the application received first in time will be considered first.

For the purpose of public safety and welfare, the Chief of Police may order the temporary closing of streets during the parade/special event and shall direct the posting of proper warning or directional signs in connection therewith.

Any permit granted under this section shall contain a guarantee from the applicant that the areas used for the parade/special event shall be cleaned up as soon after the conclusion of the parade/special event as is reasonably possible. This cleanup shall include, but not be limited to, such items as refreshments, signage, and any litter or debris generated from the parade/special event.

§ 4-6.6 Indemnification; Costs for Police Protection.

[1976 Code § 55C-6; Ord. No. 16-83; Ord. No. 2018-11]

The holder of a parade/special event permit shall agree in writing to indemnify and hold harmless the Township, its servants, agents and employees from any claims caused by the activity covered in such permit. The holder of such permit shall present to the Chief of Police a certificate of insurance in advance of the event, which will provide indemnification in a form acceptable to the Township.

If the Chief of Police deems it necessary to have additional Police Officers made available for the purpose of preserving the public safety and welfare during the course of any parade/special event, then he/she shall so advise the applicant at the time of issuing the permit. If additional expenses or costs are incurred for the purpose of providing such police protection, then the holder of the permit shall be required to pay for same or reimburse the Township for such expenses or costs according to the existing policy of the Township on payment of the officers.

§ 4-7 MOTOR VEHICLE TOWING AND STORAGE. [1]

[1]

Editor's Note: Prior ordinance history includes portions of 1976 Code §§ 72-1- 72-16 and Ordinance Nos. 94-7, 2000-18, 2001-05, 2006-02.

§ 4-7.1 Purpose.

[Ord. No. 2012-16]

The purpose of this section is to regulate the towing and storage of private motor vehicles which result from Police Department calls for assistance within the Township in accordance with N.J.S.A. 40:48-2.49 and N.J.S.A. 40A:11-5(1)(u).

§ 4-7.2 Definitions.

[Ord. No. 2012-16; Ord. No. 2016-11]

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

AUTOMOBILE

All motor vehicles, including motorcycles. Sometimes referred to herein as "motor vehicle."

BASIC TOWING SERVICE

The removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, or from a storage facility, and other services normally incident 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 within the right-of-way or berm.

DISABLED VEHICLE

Any motor vehicle which is unable to operate under its own power.

IMPOUNDED VEHICLE

A vehicle which, at the direction of the Police Department, is taken into Police custody because the operator of the vehicle was alleged by a Police Officer to be engaged in a violation of the law, including, but not limited to, the operator being arrested on a DWI charge, the operator having been arrested for driving without registration or insurance, or the operator having been arrested for stealing the motor vehicle, or the vehicle having been involved in a serious accident.

STORAGE RATE CHARGES

Shall begin at the time of impoundment and shall be charged each day after for every day the vehicle is impounded. A new day starts at 12:01 a.m.

TOW LIST

A list of names of towing and storage contractors maintained by the Police Department containing addresses of towing and storage contractors who will be called on a rotating basis when the Police Department determines that the assistance of such services are required within the Township.

A storage area or lot owned and operated by the Township of Holmdel.

TOW VEHICLE

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.

UPRIGHTING

Returning of a vehicle to its proper position on all four wheels or under carriage.

[Added 9-10-2019 by Ord. No. 2019-13]

WINCHING

The process of moving a motor vehicle by the use of chains, nylon slings from a position that is not accessible for direct hookup for towing a motor vehicle. Winching includes recovering a motor vehicle not on the road and righting a motor vehicle that is on its side or upside down, but does not include pulling a motor vehicle onto a flatbed tow truck.

[Added 9-10-2019 by Ord. No. 2019-13]

§ 4-7.3 Enforcement of Section.

[Ord. No. 2012-16]

The Chief of Police or member of the Police Department designated by him/her is authorized to enforce the provisions set forth in this section.

§ 4-7.4 Establishment and Operation of Tow List.

[Ord. No. 2012-16; Ord. No. 2016-11]

The Chief of Police or his/her designee shall establish a list of towing and storage contractors designated to provide towing and storage services required by the Police Department. Any towing and storage contractors qualifying pursuant to this section shall be included on the list and those on the list shall be called on a rotating basis to provide the required towing and storage services. Whenever a towing and storage contractor is called through the Police Department, whether as a result of being next on the tow list, or for another reason, that towing and storage contractor will rotate to the bottom of the list. In the event any towing company responds for an impounded vehicle between the hours of 7:00 p.m. and 7:00 a.m., that company will remain at the top of the list until they are called for the next accident. The Chief of Police or his/her designee shall establish such other written procedures for the operation of the tow list as he/she shall deem appropriate. Nothing in this ordinance shall preclude the Chief of Police from making any exceptions to adding companies to this list based on need. Nothing contained herein shall prevent the Chief of Police or his/her designee from requesting additional towing services from others, if, in the judgment of such person, the size, nature or scope of the accident conditions or the performance of the called towing service requires that assistance be rendered.

§ 4-7.5 Application and Fee.

[Ord. No. 2012-16]

All towing and storage contractors desiring to be included on the tow list shall annually file an application with the Police Department on a form to be approved by the Chief of Police, together with an application fee as provided in subsection 4-7.7e. By filing such application, the applicant shall agree to the conditions outlined on the application, including compliance with all provisions of this section. Said application must be filed by January 30 of each calendar year.

§ 4-7.6 Standards and Qualifications.

[Ord. No. 2012-16; Ord. No. 2016-11]

The following are the minimum standards/qualifications required to be considered for inclusion on the tow list:

Motor Vehicles Requiring Towing/Wrecker Services. The towing and storage contractors must be prepared to promptly clear the roadway of any and all types of disabled vehicles. Where the vehicles are too large for the tow service to remove from the scene, the Police may call for assistance of others including heavy duty tow vehicles.

Response Time.

The towing and storage contractor must meet the following response times within the Township of Holmdel:

Twenty minutes all times, seven days a week.

Thirty minutes all times, seven days a week for large vehicles over 30,000 pounds.

Response time determination is to be initiated when the Police call requesting towing is completed. Where the Police cannot reach the next eligible contractor on the list, that contractor shall be deemed to have forfeited its position, rotate to the bottom of the tow list and the next succeeding contractor on the list shall be called.

Performance Standards. The towing and storage contractor will meet the following response performance standards:

90% of all calls referred will be answered (towing vehicle on scene) within the response time outlined above.

Not more than 10% of the calls will be answered within an additional 10 minutes.

No response will be later than 30 minutes.

The performance standard will be reviewed periodically. Where the towing and storage contractor performance record is found to be unsatisfactory, it will be removed from the tow list for at least six months and until it shall have provided satisfactory evidence to the Chief of Police that it has undertaken effective steps and implemented such procedures as are necessary to meet the foregoing performance standards.

Equipment Specification. The towing and storage contractor must have specialized towing equipment in good repair which meets the following specifications:

Tow Vehicle. The towing service must have ownership of two professionally constructed tow vehicles, one of which being a flatbed-type tow vehicle capable of removing certain types of damaged vehicles or those, which by design, cannot be removed by conventional wreckers without sustaining additional damage. All towing vehicles used in performance of the contract must meet the standards specified by the State of New Jersey Motor Vehicle Codes and this specification in all respects. Each applicant is required to list all equipment/vehicles to be used including registered name, type and license number of each.

Safety Equipment. Each vehicle shall have beacon and warning lights, tow vehicle illumination and stop lights and portable fire extinguishers.

Specialized Equipment. At least one of the available tow vehicles must be equipped for dolly service and winching.

Cleanup Equipment.

All tow vehicles must carry road cleanup equipment and supplies such as brooms, rakes, trash cans and shovels.

The towing service is responsible for the prompt and safe removal of the disabled vehicle and for the prompt and complete removal of all litter and debris resulting from the accident.

Motor Vehicle Storage. The towing service must operate a suitable motor vehicle storage area in an area zoned for such use. This storage yard used must be located within a three mile radius of the Township of Holmdel and appear on the towing and storage contractor's insurance certificate. No towing service may store an impounded vehicle except at a suitable, fenced and secure storage yard and only when storage at such facility is directed by the Police. Upon request, authorized personnel of the Police Department shall be able to have access to vehicles 24 hours per day within the storage area.

Insurance.

The towing and storage contractor shall maintain the following minimum insurance coverage in the name of the applicant:

Automobile liability in an amount not less than $1,000,000 combined single limits.

Workers' compensation as required by statute.

Garage keeper's liability in an amount not less than $60,000 per location.

Garage liability in an amount not less than $1,000,000 combined single limit.

Policies in force to provide collision coverage for vehicles in tow.

Certificate of Insurance. At time of application, the towing and storage contractor shall present a certificate of insurance evidencing the above coverage by an insurance company licensed to do business in the State of New Jersey. Included on such certificate shall be a statement that the insurance company or agent will notify the Chief of Police immediately of any change, cancellation or lapse of such coverage. Such statement shall not include language making such notification permissive, nor language absolving the company/agent from liability for failure to notify.

By virtue of making application to be included on the tow list, the applicant will be deemed to agree to indemnify and hold the Township of Holmdel and its officers and employees harmless from any liability, expense or costs of suit, including reasonable attorney's fees, arising out of or resulting from any action of the applicant in performing towing and/or storage services in the Township of Holmdel.

The applicant agrees to notify the Chief of Police immediately of any change, cancellation or lapse of insurance coverage.

Prohibition of Oral Inquiry. No towing and storage contractor included on the tow list shall make oral inquiry regarding its position on the tow list, violations by other towing and storage contractors or any other matters relating to performance under this section. All other inquiries must be made in writing addressed to the Chief of Police.

Customer Fees and Billing. Each applicant shall attach a copy of its current fee schedule, which must not be in excess of that provided for in subsection 4-7.7. In the event an applicant is included on the tow list and will be amending its fee schedule from that previously filed with the Chief of Police, such applicant shall notify the Chief of Police, in writing, of such amendment, together with a complete amended fee schedule at least 30 days prior to implementing and charging pursuant to such amended fee schedule. The fact of filing a fee schedule with the Chief of Police shall not in any way be construed as authority to charge any fees in excess of those permitted by subsection 4-7.7. All customer bills must be in an amount not exceeding the rates provided for herein.

Authorized Township Service Receipt Form. The towing and storage contractor will complete and file with the Police Department a towing service receipt form for every vehicle serviced on Township assignment.

A preprinted form supplied by the towing and storage contractor will include at least the following information:

Towing and service fee schedule.

Authorized service business name, address and business phone number.

Time, location and vehicle information.

Towing representative's signature.

Service charge and fees.

The receipt will be multicopy and issued as follows:

Original. Issued immediately to owner upon completion of service and payment of bill.

Police. Issued to Police Department representative upon completion of service.

Owner's Accident Receipt. Issued at the accident site to the owner prior to removal of the vehicle. In the event the owner is incapacitated or disputes the assignment, the owner's receipt may be issued to the Police Department.

Copies. As deemed necessary by towing service.

Follow-Up Report. A monthly report must be filed with the Police Department containing the following information.

Description of each vehicle towed pursuant to request by Police Department during month for which report is given.

Name and address of title owner of vehicle.

Date vehicle was towed.

Amount charged for tow.

Amount charged for storage to date of report.

Date vehicle was released.

List of all vehicles towed pursuant to Police Department request which are unclaimed for over 30 days.

Storage Provision During Emergency Condition. During emergency situations (snow storms, etc.) the towing and storage contractor must provide additional vehicle storage spaces as needed. Said storage space does not have to be located at the primary facility. Said spaces will only be used during the period of the aforesaid emergency.

§ 4-7.7 Towing and Storage Fees.

[Ord. No. 2012-16; Ord. No. 2016-11]

No towing and storage contractor shall charge fees in excess of those set forth in this subsection. Allowable fees shall be as provided in paragraph e below.

Towing operators may charge additional rates for cleanup and labor rates as those set forth in this subsection, if additional labor other than basic towing services are provided.

[Amended 9-10-2019 by Ord. No. 2019-13]

Rates specified herein will be reviewed by the Finance Committee of the Township Committee on a yearly basis. Operators are permitted to petition the Township Committee, in writing, as to prevailing rates.

Special Towing Services.

If special towing services are required, the towing and storage contractor shall quote the vehicle owner or his authorized agent directly. In the event that the owner is incapacitated, a written copy of the price quote should be filed with the Police Department.

No release fees may be charged for the release of vehicles after normal business hours.

Fee Schedule.

[Amended 9-10-2019 by Ord. No. 2019-13]

Application fee: $150.

Basic Tow.

Motor vehicles up to 4,000 lbs. (referred to as Class 1): $150.

Motor vehicles between 4,001 lbs. and 10,000 lbs. (referred to as Class 2): $175.

Motor vehicles between 10,001 lbs. and 30,000 lbs. (referred to as Class 3): $200.

Motor vehicles 30,001 lbs. + (referred to as Class 4): $250.

Motorcycles, motorized scooters: $200.

Storage Fees.

Motor vehicles up to 4,000 lbs. (referred to as Class 1): $40 per day; fee starts immediately.

Motor vehicles between 4,001 lbs. and 10,000 lbs. (referred to as Class 2): $50 per day; fee starts immediately.

Motor vehicles between 10,001 lbs. and 30,000 lbs. (referred to as Class 3): $60 per day; fee starts immediately.

Motor vehicles 30,001 lbs. + (referred to as Class 4): $75 per day; fee starts immediately.

Motorcycles:

(1)

Outside: $40 per day; fee starts immediately.

(2)

Inside (if available): $50 per day; fee starts immediately.

Labor Rates.

Cleanup fee: $30 flat rate plus $15 for each bag of absorbent material used.

Waiting time: $35 per 1/2 hour. Waiting time begins 1/2 hour after arrival.

Tow to a location not on Township tow list: $50 flat rate within the Township. Tows to a location outside of the Township shall be negotiated pursuant to a separate agreement between the tow company and the driver prior to the tow.

Tow during emergency to move vehicle for plowing, etc.: $60 flat rate to move vehicle.

Winching time: $50 per 1/4 hour, within 20 feet of the roadway; for winching operations greater than 20 feet, an additional $3 per foot of cable or chain.

(f)

Uprighting: $50 per 1/4 hour.

(g)

No key/use of dollies: $75.

(h)

Service Requests. Service calls for tire changes, vehicle lockouts, jump starts, fuel delivery and roadside repairs shall be $60 plus cost of fuel/parts.

(i)

Sealing/wrapping/covering vehicle, to include use of materials in order to prevent damage from inclement weather: $25.

Administration Fee.