Editor's Note: For provisions regarding the payment of taxes before issue of a license or permit, see Section 2-33 of this Code.
[Ord. #553, AI]
As used in this section:
Shall mean any person desiring a license provided for under
this section.
Shall mean the person to whom a license is issued.
[Ord. #533, AII, § 1; Ord. #1163]
a.
Applications. Any person desiring a license under this Chapter shall
file with the Borough Clerk an application on forms supplied by the
Clerk containing the following information:
1.
Applicant's name, home and business address and local address, if
any.
2.
Place(s) of residence of the applicant for the preceding three years.
3.
The physical description of the applicant, setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and other
distinguishing physical characteristics.
4.
The name, address and principal or registered office in this State,
if any, of the person, for or through whom or under whose auspices
the applicant is authorized to conduct such activity or a statement
if such be the case, that the applicant is engaged in such activity
solely in his own behalf.
5.
A brief description of the purpose(s) for which the license is sought.
6.
The length of time for which the license is desired.
7.
A statement as to whether the applicant has been convicted of any
crime and if the applicant has been so convicted, the nature of the
offense(s) and the penalty or penalties imposed therefor. If the applicant
is not engaged in the proposed activity solely in his own behalf,
there must be attached to the application a letter from the person,
for or through whom or under whose auspices the applicant seeks authorization
to conduct such activity, together with sample copies of the order
or receipt form(s) to be used by him in connection with such activity.
All applicants must be fingerprinted by the Borough Police Department
at the time the application is made.
8.
The name and address of the owner of any motor vehicle to be used
in connection with the purpose for which the license is sought.
9.
Description of any such motor vehicle containing the name of the
manufacturer, serial number, motor number, color and any identifying
insignia appearing thereon.
10.
Three business references.
11.
In the event the holder of a license previously issued in accordance
with the requirements of this Chapter desires to renew the same at
the expiration of the period for which such previous license had been
issued, or renewal thereof, such renewal applicant shall file a new
application as for a new license in accordance with the requirements
of this Chapter, except that it shall not be necessary for such applicant
to comply with the fingerprinting requirements set forth in subparagraph
7 above provided he shall have complied with the same at the time
of the issuance of the original application.
12.
Two photographs of the applicant, which photograph shall clearly
show the head and shoulders of the applicant and shall measure 3 1/2
inches by four inches, which may be waived in a renewal application.
13.
Whether or not the applicant has ever had a license to conduct a
business in the Borough of Keansburg 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.
[Ord. #553, AII, § 5; Ord. #980, AI, § 5]
On February 1 annually a penalty fee of $25 will be charged
for each license paid after that date, with the exception of amusement
game licenses.
[Ord. #533, AII, § 2]
a.
Following the filing of the application the Chief of Police shall
cause an investigation of the applicant's business responsibility
and moral character to be made as he deems necessary for the protection
of the public good. If as a result of the investigation, the applicant's
moral character or business responsibility is found to be unsatisfactory
by the Chief of Police, he shall endorse his disapproval or rejection
and the license shall not be issued, unless the Borough Clerk is authorized
to issue the same by resolution of the Borough Council. If, as a result
of such investigation, the applicant's moral character and business
responsibility is found to be satisfactory by the Chief of Police,
he shall endorse his approval on the application. The license shall
then be formally issued by the Borough Clerk upon payment of the license
fee. The applicant's moral character and business responsibility shall
be deemed unsatisfactory only where the investigation of the Chief
of Police discloses something tangible by way of conviction of a crime
involving moral turpitude, prior violations of canvassing regulations,
a determination of previous fraudulent acts or conduct, a record of
continuous breaches of solicited contracts, concrete evidence of bad
character or false information contained in the application.
b.
For all classes of licenses, the license issued shall not authorize
any person, except the licensee named, to engage in the business thereunder.
No license shall be transferable from the licensee named to any other
person.
[Ord. #553, AII, § 3]
a.
All licenses shall be issued on forms drawn in accordance with this
Chapter. They shall be consecutively numbered. The license shall contain
spaces in which the Clerk shall insert the name, the class of license
granted, the location of the business and the amount of the fee paid.
b.
There shall be kept in the Office of the Borough Clerk the necessary
books for recording the time the application for license is received;
showing its class; whether new or renewal; name of the licensee; when
the application was approved by the Chief of Police, the amount of
fee received, the date the license is issued and number of the same.
c.
The Borough Clerk shall monthly file a report with the Borough Council
showing the number of licenses granted by classes and the amount of
fees received. Each report shall state the number and class of licenses
suspended or revoked and the reasons for such suspension or revocation.
The Borough Clerk shall compile a summary of all licenses granted
under this Chapter during a single year and report such at the final
meeting of the Borough Council.
[Ord. #553, AII, § 4]
Every person holding a license under this Chapter shall be required to carry the license with him or at his business premises while engaged in the business licensed. He must produce the license at the request of any Borough official. To every peddler granted a license, the Borough Clerk shall issue either a license card, button or other identification, bearing the words "Licensed Peddler, Borough of Keansburg", together with the number of the license and the year for which it is issued. All automobiles, wagons, carts, or other vehicles used by persons licensed hereunder shall have affixed thereon the license. Persons soliciting money for a religious or charitable organization shall at all times during such solicitation carry with them and shall exhibit upon request the identification cards for which provisions are made in Section 4-2.
[Ord. #553, AII, § 6]
Any license issued may be suspended by the Borough Council for
any infraction or violation of the terms of the license, or of any
Borough ordinance, State or Federal statute, or falsification in applying
for a license. The suspension shall become effective by the mailing
of a notice to the address appearing upon the application and shall
state that opportunity for a hearing will be given at a time certain,
within five days from the date of notice, before the Borough Council,
which, upon finding of such a violation, may revoke the license. In
the event of the failure of the licensee to appear, the license shall
automatically be revoked and cancelled.
[Ord. #553, AII, § 7]
Each license issued under this Chapter shall expire December
31 of the year in which issued, unless sooner revoked or suspended
or unless it expires prior thereto in accordance with its terms. Upon
the expiration of any license issued, the holder shall surrender the
license to the Borough Clerk within 24 hours. Upon notice of the cancellation
or revocation or any license issued, the holder shall surrender the
license to the Borough Clerk within 24 hours after notice of such
cancellation.
[Ord. #553, AII, § 7; Ord. #678, § 1]
No license shall be issued to any applicant unless he shall
be over 18 years of age and a citizen of the United States.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance No. 553.
[Ord. #1098, § 1]
a.
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 borough, without first obtaining a license
therefor from the Borough.
b.
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 said 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 governing body of the Borough.
[Ord. #1098, § 2]
a.
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".
b.
STAND - Shall mean any newsstand, 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 article offered
for sale by a vendor.
c.
PUBLIC STREET OR SIDEWALK - Shall include all areas legally open
to public use as public streets, sidewalks, roadways, highways, parkways,
parking lots or spaces, alleys and any other public way.
d.
PERSON - Shall mean any individual, firm, partnership, corporation,
voluntary association, business entity and any principal or agent
thereof.
e.
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.
[Ord. #1098, § 3]
Requirements of this section shall not apply as follows:
a.
Exemption from Fee Requirement.
1.
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.
2.
Any person honorably discharged from the military service who has
a license under N.J.S.A. 45:24-9 et seq.
3.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9, possessing a license conforming with
said law.
b.
Exemption from Other Ordinance 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:
1.
Any public utility or its employees, which said 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 employer.
2.
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.
3.
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.
4.
Any person or group engaged in a borough sponsored or co-sponsored
event.
5.
Any person selling fruits, vegetables or farm products grown by himself
or herself, with or without the help of others.
6.
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.
7.
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.
8.
Any person who conducts a judicial sale under the authority of the
County, State or Federal statutes or regulations.
[Ord. #1098, § 4]
a.
General Information. Every applicant for a license under this section
shall file with the Borough Clerk a sworn written application in a
form to be furnished by the Clerk, which may contain all information
relevant and necessary to determine whether a particular license may
be issued, including but not limited to:
1.
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.
2.
The name under which the business is to be conducted.
3.
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).
4.
A brief description of the nature of the business and a description
of the merchandise or service to be sold.
5.
If employed by another, the name and business address of the person,
firm, association, organization, company or corporation (P.O. Box
address not acceptable);
6.
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.
7.
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.
8.
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.
9.
Whether or not the applicant has ever had a license to conduct a
business in the Borough of Keansburg 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.
10.
The details of any conviction for crimes of the first, second, third
or fourth degree, the date of the conviction and the place where said
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).
b.
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.
c.
Prior to the issuance of a license, the Borough Clerk 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.
d.
After submission of the application and the required fees to the
clerk, 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 Clerk 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 Clerk to the Borough Council which, after due hearing, may
affirm or reverse the decision of the Clerk.
[Ord. #1098, § 5; Ord. #1110]
|
Peddler's License:
| |
|---|---|
|
Sale of retail produce or merchandise
|
$75 per annum
|
|
Ice cream trucks
|
$150 per annum
|
|
Each additional helper
|
$25 per annum
|
|
Sale of prepared foods, products
|
$150 per annum
|
|
Solicitors or canvassers
|
$25 per annum
|
[Ord. #1098, § 6]
No license shall be issued to an applicant unless the applicant
furnishes proof to the Borough 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 Borough 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.
[Ord. #1098, § 7]
a.
The license issued to a vendor shall be carried with the vender while
he or she is engaged in the business of vending.
b.
In addition to the license, the Borough 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 Borough
and receive another badge at a fee of $25.
c.
Licenses and identification badges shall used only by the person
to whom they were issued and may not be transferred to any other person.
d.
The license holder shall produce such license at the request of any
official of the Borough or of any resident of the Borough with whom
he or she wishes to conduct his or her business or activity.
[Ord. #1098, § 8]
No vendor shall:
a.
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.
b.
Station, place, set-up or 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.
c.
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.
d.
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 with 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 a 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 recycable
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.
e.
Use a cart the dimensions of which exceed two feet in width, four
feet in length and four feet in height including wheel height.
f.
Use any cart which, fully loaded with merchandise cannot be easily
moved and maintained under control by the licensee, his employee or
attendants.
g.
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.
h.
Leave any stand unattended at any time or store, place or leave the
same overnight on any public street or sidewalk.
i.
Engage in the business of vending between 9:00 p.m. and 7:00 a.m.;
j.
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.
k.
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 Borough
Engineer and Traffic Safety Officer may from time to time, recommend
to the Borough Council, increase or decrease the width of pedestrian
and vehicular right-of-way space required, as circumstances dictate
in a particular area or on a particular street.
l.
Engage in the business of vending within 10 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicle
movement.
m.
Station, place, set-up or maintain his or her stand against display
windows of fixed location businesses, nor shall they be within 50
feet from an entrance-way to any building, store, theatre, library,
school, museum, movie house, or other place of public assembly.
n.
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.
o.
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.
p.
Violate any traffic parking law, ordinance or regulation, or operate
in such a manner as to restrict the continued maintenance of a clear
passage-way for vehicles.
q.
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.
r.
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.
s.
The vendor, except in the case of the sale of perishable food, ice
cream or like products, shall give a written receipt to the purchaser,
which receipt shall be signed by the vendor and shall set forth a
brief description of the article ordered, the total purchase price,
and the amount of the payment, if any, received by the vendor from
the purchaser.
t.
Notwithstanding any other provisions of this section, no person engaged
in the business of selling or offering for sale ice cream, ice cream
products, water ices or like frozen confectionery products shall:
1.
Park any vehicle within the lines of any public street, or other
public place, for the purpose of engaging in such business only while
making actual sales. Vehicles must be parked adjacent to the right
hand curb line to insure safety of customers. No vehicle used for
conducting the business aforesaid shall be parked within 400 feet
of any school or school property between the hours of 8:00 a.m. and
4:00 p.m. on regular school days.
2.
Engage in the business of selling any of the products anywhere on
Beachway from Laurel Avenue to Pineview Avenue, and on Carr Avenue
north of its intersection with Center Avenue, and on Main Street north
of its intersection with Center Avenue, from June 1 through September
15.
3.
Sound a bell or similar device or use loudspeakers or amplifiers
of any kind between 8:00 p.m. and 9:00 a.m.
[Ord. #1098, § 9]
Any prospective vendor of any food or beverage, in addition to the license required herein, must apply to the Health Department of the Borough of Keansburg 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.
[Ord. #1098, § 10]
It shall be the duty of any police officer, health officer,
code enforcement officer, zoning officer or other appropriate Borough
employee or official to enforce the provisions of this section.
[Ord. #1098, § 11]
The Borough Clerk 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 by the enforcement officers/officials.
[Ord. #1098, § 12]
a.
Any license issued under this section may be suspended or revoked
by the Borough Council after notice and hearing for any of the following
reasons:
1.
Fraud, misrepresentation or false statements in the application for
the license;
2.
Fraud, misrepresentation or false statements in the course of conducting
the business of vending;
3.
Conducting the business of vending contrary to the conditions of
the license;
4.
Violation of this section or of any ordinance of the Borough Council.
5.
Conviction of the licensee of any crime or offense involving moral
turpitude.
6.
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.
b.
Notice of hearing on the suspension or revocation of a license shall
be given in writing by the Clerk, 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 Borough employee or official,
or any taxpayer or resident of the Borough may make complaint in the
municipal court of the Borough for violation of this section or Chapter.
[Ord. #1098, § 13]
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 of this section 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 said application completely up to date, together with proof of insurance and bonding renewals.
[Ord. #553, AIV, § 1]
It shall be unlawful for any person to conduct any motion picture
show, exhibition, theatrical performance, performance in the nature
of a circus, amusement park, merry-go-round, shooting gallery, auction
store, bath house establishment, boat livery, pool or billiard parlor,
bowling alley, public swimming pool, dance hall or any other form
of amusement or game, or to ply the trade of organ grinder within
the Borough without first obtaining a license for that purpose as
specified herein.
[Ord. #553, AIV, § 2; Ord. #637; Ord. #688, § 2;
Ord. #692, § 1; Ord. #1026, § 2; Ord. #1329, § 1]
The following fees shall be paid for the various licenses indicated.
|
a.
|
Public swimming pool
|
$225 per annum
| |
|
b.
|
Theaters
|
$200 per annum
| |
|
c.
|
Circus
|
$75 each day
| |
|
d.
|
Carnival
|
$175 per annum
| |
|
e.
|
Fair
|
$175 per annum
| |
|
f.
|
Merry-go-round
|
$250 per annum
| |
|
g.
|
Ferris wheel
|
$250 per annum
| |
|
h.
|
Other amusement rides
|
$250 per annum
| |
|
i.
|
Kiddie park
|
$200 3 rides or less
| |
|
Each additional
|
$40 per annum
| ||
|
j.
|
Shooting gallery
|
$100 per annum
| |
|
k.
|
Beach club - Bath house
|
$75 per annum
| |
|
l.
|
Boat livery
|
$75 per annum
| |
|
m.
|
Pool or billiard tables
|
$30 per annum
| |
|
n.
|
Bowling alley
|
$250 per annum
| |
|
o.
|
Water rides
| ||
|
1.
|
Slide/each location
|
$500 per annum
| |
|
2.
|
Lazy river
|
$500 per annum
| |
|
3.
|
Other water rides
|
$500 per annum
| |
|
p.
|
Roller coaster
|
$250 per annum
| |
[Ord. #553, AIV, § 2; Ord. #637; Ord. #688, § 2;
Ord. #692, § 1]
Under this section each licensee shall have prominently displayed
in the licensed premises a card to be furnished by the Borough Clerk
setting forth the number and date of issuance of the license bearing
the signatures of the Mayor and Clerk and stating the maximum number
of persons that the premises are capable of accommodating for play
at one time and that no greater number of players can participate
in the licensed game or amusement at one time.
[Ord. #553, AIV, § 3]
Nothing contained in this section shall be held to apply to
any show, concert, exhibition or any entertainment or source of amusement
whatsoever, which shall be given in and of any church, school, lodge,
firemen's association or any charitable or temperance association
or society or any amateur theatrical or musical club or association.
[Ord. #553, AVI, § 2]
As used in this section:
Shall mean any device or piece of mechanical or electrical
equipment, which upon the insertion of a coin, slug, token, plate
disc or key into a slot or place on the machine, device or equipment,
activates certain mechanisms and emits songs, music or similar amusements,
commonly known as juke boxes, or may be operated for use as a game,
entertainment or amusement and shall include such devices as marble
machines, pinball machines, skill ball, mechanical grab machines and
all games, operations and/or transactions similar thereto under whatever
name they be indicated.
Shall mean any device or piece of mechanical or electrical
equipment which upon the insertion of a coin, slug, token, plate disc
or key into a slot or place on the machine, device or equipment, activates
certain mechanisms and results in the dispensing of or making available
to the person inserting the currency into the machine, device or equipment,
a quantity of non-alcoholic beverages, milk, or other perishable food
products, package, or cigarettes, cigars or other forms of tobacco,
photographs, a container or measure of candy, nuts, popcorn, chewing
gum, ice cream or frozen ices, soap or services of any kind, including
washing machines, dryers and dry-cleaning machines.
[Ord. #553, AVI, §§ 1, 4]
a.
It shall be unlawful for any person to distribute, place or locate,
or to continue to have placed, located or in the possession of any
person who is the owner, occupant, tenant, lessor, lessee or licensee
of any premises located in the Borough, a coin-operated vending or
amusement machine without first having obtained a license from the
Borough Clerk as hereinafter set forth.
b.
Any person displaying for public patronage or keeping for operation
any cigarette vending machine, juke box or mechanical amusement device
shall be required to obtain a license from the Borough upon payment
of a license fee. Nothing herein shall be construed to require the
licensing of any machine which is being stored or repaired in or upon
the premises of any distributor of such machines, provided, however,
that such storage area be inaccessible to the public.
[Ord. #553, AVI, § 5]
In addition to the information required in subsection 4-1.2 of this Chapter, the application for such license shall contain the following information:
[6/67, § 2; Ord. #553, § 6; Ord. #637;
Ord. #688; Ord. #1026, § 3; Ord. #1329, § 1]
Every applicant, before being granted a license, shall pay the
following license fee per annum, or any part thereof, for the privilege
of operating or maintaining for operation, a coin-operated vending
machine or amusement device, as herein defined:
|
Gum, candy, cookies
|
$20 per machine
|
|
Soda dispensing
|
$20 per machine
|
|
Photograph
|
$50 per machine
|
|
Music machine
|
$50 per machine
|
|
Miscellaneous vending
|
$20 per machine
|
|
All other types of amusement machines
|
$40 per machine
|
|
(pool tables, pin ball, video, etc.)
| |
|
(25-50 machines-arcade $200-$100 additional 50 machines)
|
[Ord. #553, AVI, § 7]
a.
The license herein provided shall be posted permanently and conspicuously
in or on the machine in the premises where the device is to be operated
or maintained.
b.
Not more than one machine shall be operated under any one license.
Such license may be transferred from one machine or device to another
similar machine. In the event the license is in any way defaced or
destroyed during the terms of the licensing year, another license
may be obtained from the Borough Clerk at a cost of $0.50.
c.
When the business of a distributor or exhibitor is sold or transferred,
the licenses of such distributor or exhibitor on its machines may
be transferred to the transferee, with the consent of the Chief of
Police.
[Ord. #553, AVI, § 9]
Every license issued under this section is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any cigarette
vending machine, juke box or mechanical amusement device contrary
to the provisions of this section, the ordinances of the Borough,
or the laws of the State.
[Ord. #553, AVI, §§ 11, 12]
a.
Milk or Other Perishable Food Vending Machines.
1.
In addition to the application required, an applicant for a license
for a coin-operated machine dispensing milk or other perishable food
products shall file a separate application to the Borough Board of
Health on forms supplied by it. No license shall be issued by the
Borough Clerk unless he first receives:
(a)
A certification from the Borough Health Enforcement Officer,
that the granting of the license applied for will not violate any
laws or ordinances or regulations pertaining to the distribution of
milk or other products, and that the machine for which the license
is sought has been inspected by the Officer and is unobjectionable
from the standpoint of health and sanitation.
(b)
A certification from the Borough Zoning Enforcement Officer
that the location of the machine for which a license is sought complies
with the Building Code and zoning regulations of the Borough. Such
machine is hereby deemed to be a "structure" and the operation of
such machine a "business" use within the purview of the Building Code
and Zoning regulations of the Borough.
2.
The automatic machines used for the sale of milk or of other perishable
food products shall have a refrigeration unit of sufficient capacity
so as to keep the entire contents at a temperature of 50° F.,
or below. The machines shall be equipped with an automatic cut-off
device that locks the machine when the temperature of the interior
where the products are stored goes over 50° F. and also refuses
patrons coins. Key to the machines shall be available in the Office
of the Board of Health.
3.
No automatic machine shall be licensed hereunder whose dimensions
exceed the following limitations:
Width: five feet
Depth: six feet
Height: 6 1/2 feet
4.
There shall be no sign of advertising painted, attached or in any
manner affixed on any automatic machine, other than a sign setting
forth the product sold in each individual machine, and there shall
be in no event any sign or billboard or any other type of advertisement
which extends either above or beyond the limits of the machine.
5.
The licensee shall cooperate at all times with the Health Department,
the Chief of Police, the Fire Chief, and the Building Inspector of
the Borough, when required or requested to do so, to obtain information
or knowledge which will enable them or any of them to safeguard the
health, welfare and safety of the residents of the Borough, as the
same may be affected in anywise by the automatic machine used for
the sale of milk or other perishable food products. Failure to render
such cooperation shall permit the Board of Health or its authorized
representative to immediately temporarily suspend such license, and
after a hearing by the Borough Council on two days' written notice
to the licensee, at the address stated in the application, giving
the time and place of hearing to revoke the license.
(a)
If the licensee shall intend to renew the license for a year
beyond that for which it was granted, the licensee shall advise the
Board of Health in writing, not later than April 30, of the year in
which the license expires. If the license is not renewed, the licensee
shall take all necessary proceedings to remove the coin-operated automatic
machine from the Borough within five days, or in default thereof,
the licensee shall be presumed to have abandoned the machine to the
Borough which may cause the machine to be destroyed or otherwise disposed
of. Also, if a license is revoked during the year for which it was
granted, the licensee holding the revoked license shall within five
days remove the machine from the Borough or cause the same to be removed,
or in default thereof, the licensee shall be presumed to have abandoned
the machine to the Borough, which may cause that machine to be destroyed
or otherwise disposed of. In the case of a failure to renew the license,
the five-day period mentioned above shall commence from June 1 and
in the case of a revocation of a license the five-day period above
shall commence from 2:00 a.m. the day following that on which notice
of revocation was sent by certified mail to the licensee at the address
stated in the application of the license.
b.
Coin-operated Dry Cleaning Establishments.
1.
The following requirements shall be complied with by any person in
connection with the establishment and operating of a coin-operated
dry cleaning establishment:
(a)
The applicant shall submit with the application required, a
floor plan showing the building outline and the location and description
of each piece of equipment to be contained therein, which plan shall
be approved by the Building Inspector and the Health Officer.
(b)
A license shall not be issued unless the premises wherein the
business is to be conducted has a concrete floor and no portion of
the premises shall be occupied as a residence or dwelling unless and
until the same has been inspected and approved in writing by the Health
Officer, the Building Inspector and the Fire Prevention Bureau of
the Borough.
(c)
The boiler from construction and the location of the boiler
must meet the requirements of the ordinances of the Borough, and in
addition thereto, the boiler must be inspected by the New Jersey Department
of Labor, Boiler Inspection Division, or an authorized representative.
The certificate of boiler inspection must be posted under glass within
the boiler room.
(d)
A general ventilation fan shall be installed in the back room
or maintenance area to be used in case of serious solvent leakage.
This fan may be installed in the rear wall and when combined with
the system required by subparagraph 1,(j) shall enable the exhausting
of a minimum of 1,000 cfm per machine.
(e)
The floor of the enclosure or machine base shall be so constructed
as to hold a liquid volume equal to the maximum quantity of solvent
which might possibly escape from the system. A drainage system shall
be provided in the event of a leak and containment by a gravity flow
with the solvent transferred to a stand-by holding tank, which tank
shall be vented to the outside.
(f)
The solvent used in the operation shall be stored in closed
containers, and shall be transferred from the containers in a line
free of leaks.
(g)
Filer residue and other residues containing solvent shall be
disposed of so as not to create a health hazard or nuisance. A covered
metal container shall be used for temporary storage outside of the
building.
(h)
Respiratory protective equipment shall be provided for maintenance
personnel and must be kept in good repair and available for immediate
use.
(i)
A utility fire extinguisher of either the carbon dioxide or
dry chemical type must be provided for the use against electrical
or oil fires.
(j)
Only the front or customer side of the dry cleaning machine
shall be exposed in the customer area. The working or maintenance
portion of the equipment should be separated from the front of the
machine by a solid partition. As a means of minimizing any solvent
build-up in the customer area and also to control any minor solvent
leakage, it is required that there be a minimum flow rate from the
customer area through the partition as follows:
|
No. of Machines
|
Minimum Flow Rate Per Machine (cfm)
|
|---|---|
|
1 to 3
|
500
|
|
4 to 8
|
400
|
|
9 to 16
|
375
|
|
17- or more
|
360
|
|
(EXAMPLE - An eight machine installation requires a minimum
continuous exhaust flow rate of 3,200 cfm)
| |
(k)
The exhaust ventilation as described above shall be provided
on a continuous basis while the store is open for business. The fan
wiring shall be such that the dry cleaning equipment cannot be operated
unless the fan system is in operation. Where grille openings are to
be installed in the partition to facilitate air movement, they should
be sized on the basis of 500 cfm per square foot of net grille area
and should be placed as close to the machines as possible. Access
doors to the maintenance area shall be kept locked.
(l)
The cleaning equipment must be provided with an exhaust system
capable of maintaining a minimum of 100 feet per minute face velocity
through the loading door whenever the door is open. The duct work
connections from this system must be sealed (soldered or taped) and
discharge tanks extended to a minimum height of five feet above the
roof line.
(m)
An interlock system must be provided on the machine to prevent
the loading door from being opened during the normal cycle. This system
shall be either electrical and/or mechanical and so connected that
in the event of a power failure, the loading door shall lock.
(n)
A step by step instruction list must be posted in a conspicuous
location near the machine for customer use. A competent, trained operator
must be present as long as the premises are open for business.
(o)
Solvent.
(1)
A solvent vapor sensing device within the tumbler shall be required
to control the drying cycle and to prevent the removal of solvent-laden
garments.
(2)
The machine design must be such that essentially no solvent
is retained in the cleaned items upon completion of the dry cleaning
cycle.
(3)
It is the responsibility of the proprietor to make certain that
all clothing which cannot be properly cleaned and dried will not be
placed in the machine.
(p)
The machine shall be checked daily and kept in good repair.
All maintenance personnel should be familiar with necessary machine
repairs and instructed as to the solvent hazards.
(q)
Solvent control is to be such that under normal operation and
use conditions, no solvent odor can be detected in the customer area.
(r)
Only the solvent specified by the equipment manufacturer shall
be used.
(s)
A supply of tempered (heated to 60° F. or 65° F.) makeup
air equal to or greater than the total volume of air exhausted from
the plant should be provided in order to eliminate any negative pre-fire
conditions which might otherwise develop.
(t)
Solvent contaminated air even in very low concentrations (five
to 20 ppm) shall be kept out of the air intakes of all combustion
equipment so as to minimize the thermal decomposition of the solvent.
(u)
Exhaust ventilation stacks from dry cleaning machines shall
be located as far as possible from combustion air or drier air intakes.
(v)
The proprietor shall provide the Keansburg Board of Health with
detailed installation, operation and maintenance manuals from the
manufacturer.
[Ord. #553, AVI, § 8]
No person, firm, corporation or association holding a license
under this section shall permit persons under 16 years of age to play
or operate any mechanical amusement device except juke boxes, as defined
herein.
[Ord. #553, AVI, § 3; Ord. #553, AVI, § 10]
a.
Prohibited. Nothing in this section shall in any way be construed
to authorize, license or permit any gambling device whatsoever, or
any mechanism that has been judicially determined to be a gambling
device, or in any way contrary to any future law of the State.
b.
Impoundment. If the Chief of Police shall have reason to believe
any mechanical amusement device is used as a gambling device, such
machine may be seized by the police and impounded; and, if upon trial
of the exhibitor or owner for allowing it to be used as a gambling
device, the exhibitor or owner is found guilty, the machine shall
be disposed of in accordance with N.J.S.A. 2A:152-6 and, if the exhibitor
or owner is found not guilty, the machine shall be returned to the
exhibitor or owner.
[Ord. #553, AVII, § 1]
It shall not be lawful for any person to carry on, conduct or
engage in the business of selling lumber, building material, or a
combination of same, either in yards or from wagons, trucks or cars;
or the business of selling meats, groceries, provisions, dry goods
and merchandise and goods and chattels of every kind, either in stores
or from wagons, trucks or cars; or in the business of automobile garages,
repair shops accessories, or gasoline stations; or in the business
of restaurants, eating houses, boarding houses, lodging houses, hotels,
ice cream parlors, saloons, drug stores, or selling soda water or
other soft drinks or refreshments of any and all kinds, or selling
candy, cigars, tobacco, popcorn, novelties or souvenirs, either in
stores, stands or from wagons, trucks or cars; or in the business
of bakeries, baker shops, sale of baker's goods, milk or ice, either
in stores or from wagons, trucks or cars, or in the business of operating
an open air parking lot, or in the business of florists, florists'
supplies, household appliances, sales and service, photography or
photographic supplies, or in the businesses of shoemaker shops, newsstands
and other businesses not hereinabove classified, or enumerated, excepting
coat or combinations of the same, without first obtaining a license
from the Borough Clerk.
[Ord. #553, AVII, § 2; Ord. #688, § 4;
Ord. #872, § 4; Ord. #1026, § 4; Ord. #1329, § 1]
The license fees to be imposed under the terms of this section
are as follows:
|
Laundromat - Washing, drying, dry-cleaning
|
$30 3 machines or less
|
|
Over and above 3 machines
|
$3 per machine
|
|
Commercial
[Added 12-12-2018 by Ord. No. 1628] |
$300 per annum
|
|
Rooms - Hotels
|
$45 first 10 rooms
|
|
Each additional room
|
$3.50 per room
|
|
Restaurants (all)
|
$75 per annum*
|
|
Gasoline station
[Amended 12-12-2018 by Ord. No. 1628] |
$400 per annum
|
|
Each additional
|
$15 per pump
|
|
All other mercantile licenses -
| |
|
Businesses
|
$50 per annum*
|
|
Parking lots (under 50 cars)
|
$100 per annum
|
|
(50 cars and over)
|
$250 per annum
|
|
Busses and trucks
|
$150 per annum
|
|
* Fee waived for first calendar year for new all-year owner-operated
businesses.
|
[Ord. #553, AVII, § 3]
Nothing in this section shall be held or considered to apply
in any sales or business transacted in connection with the same given
by any church, school, lodge, fire company or firemen's association,
carnival association or any charitable society or any society for
the public benefit and welfare.
[Ord. #553, AVII, § 4]
No licenses shall be valid if used by any other person than
for whom such license is granted and if the place of business is sold
or transferred the license must be transferred by the Borough Clerk,
for which the transfer fee of $5 shall be paid.
[Ord. #424, §§ 1-3; Ord. #434, § 2]
a.
Purpose. In order to insure the safety of the public in regard to
hotels, boarding houses, lodging houses or other places serving to
the accommodation of guests for sleeping or other lodging purposes
against fire, accidents and unsanitary health conditions; the Mayor
and Council of the Borough are of the opinion that no hotel, boarding
house, lodging house or any other place serving to the accommodation
of guests for sleeping or other lodging purposes should be granted
a license to conduct such business unless such place complies with
all of the ordinances of the Borough.
b.
Compliance. No license shall be issued to any person to carry on,
conduct, or engage in the business of operating a hotel, boarding
house, lodging house or any other place serving to the accommodation
of guests for sleeping or other lodging purposes unless, and until,
such person has observed and complied with all ordinances of the Borough
in force presently or in the future.
c.
Duties of Borough Clerk. It shall be the duty of the Borough Clerk
before the issuance of any license to a hotel, boarding house, lodging
house or any other place serving to the accommodation of guests for
sleeping or other lodging purposes to require proof from all Borough
officials who have the duty of enforcing any ordinance of the Borough
that the applicant for a license has complied with all ordinances
of the Borough.
d.
Inspection; Right of Entry. Any applicant for a license for a hotel,
boarding house, lodging house or any other place serving to the accommodation
of guests for sleeping or other lodging purposes shall allow any Borough
official who has the duty of enforcing any ordinance of the Borough
to enter upon the applicants premises to conduct an inspection to
ascertain whether all ordinances of the Borough have been complied
with.
[Ord. #633, § 1]
As used in this section:
Shall mean any game of chance or skill involving one or more
participants.
[Ord. #430, § 1]
It is hereby determined, declared and found that this municipality
constitutes a seashore resort with parts thereof customarily constituting
an amusement or entertainment area according to the customary understanding
of the terms in the community and which the parts thereof are more
particularly described as follows:
a.
All the area between the southerly and southeasterly side of Beachway
and the Raritan Bay from the intersection of Beachway and Pinewood
Place northerly and northwesterly along the several courses of Beachway
to its intersection with Raritan Avenue.
b.
On either side of Carr Avenue from its intersection with Beachway,
southerly to its intersection with Highland Boulevard.
[Ord. #430, § 2]
It shall be unlawful for any person to own or operate within
this municipality any amusement game(s), as the terms are defined
by the "Amusement Games Licensing Law" (Chapter 109, P.L. 1959), whether
the game(s) are of skill or chance, or both and whether the game(s)
be played and operated with or without numbers or figures, without
first having obtained a license from the Mayor and Council of the
Borough to do so. The license shall be issued pursuant to and subject
to the provisions of "Amusement Games Licensing Law" (Chapter 109,
P.L. 1959).
[Ord. #430, § 3; Ord. #435, § 1]
a.
Each applicant for a license shall file with the Borough Clerk a
written application in such form as prescribed by and in accordance
with the Amusement Game Licensing Law, as amended and supplemented,
and the rules and regulations promulgated by the State. Every application
must be submitted to the Borough Clerk at least one week prior to
the meeting of the Borough Council at which the application is to
be passed.
b.
A fee of $10 shall be required to be included with any application
for the amendment of an original license during the term of the original
license where the amendment does not require the payment of an additional
license fee.
[Ord. #430, § 4; Ord. #435; Ord. #437; Ord. #638;
Ord. #783; Ord. #979, AI; Ord. #982, AI, § 4; Ord. #1028,
AI, § 4; Ord. #1245, § 1; Ord. #1254, § 1;
Ord. #1270]
The fees for the type of licenses to be issued hereunder, shall
be as follows and the fees shall accompany the application for the
license:
|
a.
|
Certification #1 - Throw game
|
$250
|
|
b.
|
Certification #2 - Arcade games
| |
|
(All machines/50 units)
|
$300
| |
|
(Each additional 50 units)
|
$100
| |
|
c.
|
Certification #3 - Non-draw raffle
|
$250
|
|
d.
|
Certification #4 - Competitive game
|
$20 per seat/minimum fee $250
|
|
e.
|
Certification #5 - Stop & go wheel
|
$250
|
|
f.
|
Certification #6 - Guessing game
|
$250
|
|
g.
|
Certification #7 - High striker game
|
$250
|
|
h.
|
Certification #8 - Miscellaneous skill game
|
$250
|
|
i.
|
Certification #9 - Game of chance
| |
|
(Laydown board)
|
$250
| |
|
j.
|
Any other game not mentioned in this subsection but permissible
under P.L. 1959, c. 108
|
$350
|
[Ord. #430, § 6]
In the event that any licensee shall violate any of the provisions
of this section or the Amusement Games Licensing Law or the rules
and regulations promulgated by the State Amusement Games Control Commissioner
or the terms of such license, the licensee shall be a disorderly person
and if convicted as such, shall, in addition to suffering any other
penalties which may be imposed, forfeit any license issued to the
licensee under this section.
[Ord. #430, § 5]
The Mayor and Council of the Borough shall have and exercise
control and supervision over all amusement games held, operated or
conducted under a license with all the powers authorized or granted
to it under the Amusement Games Licensing Law and all amendments and
supplements thereto and the rules and regulations of the State Amusement
Games Control Commissioner.
[Ord. #633, § 2]
a.
Purpose. The Borough Council finds that the operation of amusement
games may constitute a public nuisance if the amusement games are
operated during the early morning hours, and the Mayor and Council
are of the opinion that the operation of amusement games during early
morning hours may create a police problem within the Borough.
b.
Prohibited. It shall be unlawful for any person to operate, participate
in the operation of, play and/or permit the operation of an amusement
game between the hours of 3:00 a.m. and 9:00 a.m. within the confines
of the Borough.
[Ord. #430, § 7]
[Ord. #875, § 1]
The purpose of this section is to provide standards and regulations
for the operation of local alarms, intrusion, burglar, fire and other
emergency alarm devices whether by direct line, radio, telephone,
or other means actuating a device at Police Headquarters in the Borough
and requiring response by the Police Department, fire companies or
other municipal agency.
[Ord. #875, § 2]
The provisions of this section shall apply to any person who
operates, maintains or owns any alarm device or local alarm designed
to summon the police, fire companies or other municipal agencies to
any location in response to any type of alarm signal. The terms of
this section shall in no way prohibit alarm companies from providing
service by private source to other offices within or without the Borough
so long as such activity is not connected to the alarm console; except,
that any person having a premises protected by an alarm device shall
still be responsible for the registration thereof.
[Ord. #875, § 3; Ord. #1074, § 1]
As used in this section:
Shall mean the console or control panel of the devices giving
a visual or audio response or both, and located within the confines
of the Police Department in the Borough.
Shall mean any type of alarm system actuating equipment in
the alarm console providing a warning of intrusion, fire, smoke, flood
or other peril.
Shall mean any alarm, device or combination of devices installed
for one or more buildings at a location other than the alarm console.
Shall mean a member of the Borough Police Department or the
representative of any firm employed by the Borough for the purpose
of installing and maintaining the console.
Shall mean that type of device using telephone lines transmitting
an alarm directly through the police switchboard.
Shall mean any alarm activated by inadvertence, negligence
or unintentional act of someone other than an intruder, and shall
include as well, alarms caused by malfunctioning of the alarm device
or other relevant equipment, but shall not include alarms created
by malfunction of the alarm console. An activation of any individual
alarm within a building shall constitute a false alarm.
Shall mean the person obtaining the license to maintain the
alarm console as hereinafter set forth.
Shall mean any alarm or device which, when activated, produces
a signal not connected to the alarm console.
Shall mean any person owning an alarm device or local alarm
within the scope of this section.
[Ord. #875, § 4]
a.
There is hereby established a police alarm console license which shall be granted by the Borough Manager upon recommendation of the Chief of Police as set forth in subsection 4-9.5. Any such license shall have exclusive use and control of the alarm console except for use by the Borough Police Department. The licensee will be responsible at no cost to the Borough for the establishment, construction and installation of such console containing equipment and being of a design approved by the Borough Manager and for the care, maintenance and management thereafter of such console. The licensee shall locate such console and relocate such console if necessary, at no cost to the Borough, under the prior approval and supervision of the Chief of Police. For any such license granted, the licensee will assume all liability and agree to indemnify and save harmless the Borough, its agents, servants or employees and the Police Department for acts in conjunction with the operation of such police alarm console and in conjunction therewith they shall furnish annually to the Borough Clerk an insurance certificate indicating liability coverage in an amount no less than $1,000,000 per claim or $3,000,000 per incident. Failure to maintain such policy after notice shall be considered a breach of this contract warranting recision.
b.
Any conjunction to the police alarm console shall be of a type approved
in writing, in advance, by the Chief of Police or his designated representative
and any person or organization aggrieved by the decision may appeal
the decision in writing within 10 days to the Borough Council.
c.
All alarm devices existing as of the date of the adoption of this
section (except dial alarms) shall be connected to the alarm console
by the licensee. Upon connection, the licensee may charge existing
subscribers the monthly retainer or maintenance fee as provided in
paragraph d below.
d.
The licensee for the police alarm console shall be permitted to charge
subscribers a single installation fee and a monthly retainer or maintenance
fee as prescribed in the bid.
e.
The licensee shall install an annunciator or display console having
no less than 100 zones available for present systems and capable of
being expanded to 1,000 zones in anticipation of future connections.
The console shall be approved by the Underwriters Laboratories, Inc.
for both burglar alarms and fire alarms.
f.
Except as provided in subsection 4-9.9, any license issued hereunder shall be for a term of two years from the date of approval by the Borough Manager. The licensee shall post with the Borough Clerk a performance bond in the amount to be determined by the Municipality, guaranteeing performance for the terms of the obligation of the licensee and insuring maintenance of such console and alarm system during the period when the license is in force.
[Ord. #875, § 5]
The licensee shall be the lowest qualified and responsible bidder
complying with the specifications and other bid requirements for the
license.
[Ord. #875, § 8]
Any licensee for the alarm console and any permittee utilizing
the services of any other alarm company connected to such console
shall provide for a representative to be on call on a twenty-four-hour
basis and such service shall be provided within eight hours of notification
by the Police Department of any malfunctions of any equipment.
[Ord. #875, § 6]
a.
Any person which owns or operates an alarm device or a local alarm
shall make application for the continuance of the alarm in writing
to the Chief of Police, on a form to be provided. The application
shall contain at least the location of the alarm, the name of the
installer of such alarm, the type of alarm, provisions relating to
false alarms and testing procedures, a list of persons to be contacted
in the event of an alarm, and other information as may be required.
Application for renewal of a permit shall be made annually and not
filed later than November 30, with the Chief of Police.
c.
Any permit granted hereunder shall be accepted upon the express condition
that the permittee shall indemnify and hold the Borough harmless from
and on account of any and all damages arising out of the activities
of the permittee, its alarm contractor, or the alarm console licensee
of the Borough, and the Borough accepts no liability for the services
of the alarm console.
d.
For dial alarm devices, the owners shall pay to the Borough an annual
fee of $50 to cover the cost of registration, testing and to amortize
the cost of the special phone line or lines required in the municipal
building along with ancillary tape devices at the police desk necessitated
by these systems.
[Ord. #875, § 10]
Where a permittee has both a fire alarm and a burglar alarm,
each alarm shall be wired so as to give a distinct signal at the Police
Department indicating the cause for activating the alarm.
[Ord. #875, § 7]
The Borough reserves the right to revoke any license or permit
issued pursuant to this section for failure to comply with the terms
of this section or any rules and regulations promulgated pursuant
to same; provided however that 30 days' notice is given in writing
to such licensee or permittee.
[Ord. #875, § 8]
Any alarm device which when activated automatically or electronically
selects a telephone line connected to a central alarm station or to
the Police Headquarters reporting a prerecorded message, requesting
police assistance and such devices commonly known as dial alarms,
shall be regulated as follows:
a.
A person shall register all dial alarms with the Police Department
by completion of an application form furnished by the Borough.
b.
Dial alarms shall be coded to dial a separate number to be obtained
from the Chief of Police or his designated representative and no dial
alarm shall be coded to dial the number of the general police switchboard
number of the Borough.
c.
The message must conform to the approved format in the application
form.
d.
The total length of the message may not exceed 15 seconds.
e.
The message is to be received by Police Headquarters on the designated
number no more than twice.
f.
Any dial alarm device must provide an automatic line seizure feature
in the event that the line is busy with incoming or outgoing calls.
g.
Owners of dial alarm devices shall be governed by the false alarm
procedures and penalties set forth in subsection 4-4.16.
h.
Any person having a dial alarm device which calls a general police
number upon discovery thereof shall receive notice in writing from
the Chief of Police or his designated representative requiring the
owner to comply with terms of this section and if that person fails
to do so within 10 days he shall be considered in violation of this
section.
[Ord. #875, § 8]
All fire alarm devices shall be installed in accordance with
the requirements of applicable Borough ordinances, Fire Prevention
Codes and Fire Department regulations.
[Ord. #875, § 11]
Building alarms shall be permitted but it shall be unlawful
for any local alarm to ring or put forth any other sound for a period
in excess of 10 minutes.
The Borough Manager may promulgate rules and regulations supplementing
this section in order to provide for record keeping and efficient
management of the alarm systems enumerated in this section.
[Ord. #875, § 8]
a.
Any unauthorized equipment may be disconnected by the Chief of Police
or his designated representative for non-compliance with this section
provided the owner fails to disconnect same within 10 days of mailing
of a written notice to disconnect.
b.
Any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this section and each and every day
such equipment is in operation shall be considered a separate violation.
[Ord. #875, § 8]
Any permittee shall by acceptance of the permit be deemed as
having consented to inspection of the premises on which such alarm
devices are installed at reasonable hours by the Chief of Police or
his designated representative.
[Ord. #875, § 9]
a.
In the case of a false alarm any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations promulgated pursuant to subsection 4-9.13.
b.
The Chief of Police shall cause an investigation to be made and keep
a record of the alarms on file.
c.
The following penalties shall apply:
1.
For the first and second false alarm in any given year, a warning
shall be issued.
2.
For the third false alarm in the same calendar year, a fine of $10
shall be paid to the Borough.
3.
For the fourth false alarm, a fine of $25.
4.
For any subsequent false alarm a fine of $50 for each occurence shall
be paid to the Borough.
d.
Where the investigation of the Police Department discloses continued
abuse of the privilege of connection to the alarm console and the
permittee's failure to take remedial steps to avoid such condition,
the Chief of Police shall have the right to require disconnection
from the alarm console or any dial alarm provided however that no
such connection shall be revoked without the permittee having an opportunity
to show cause before the Borough Manager why such action should not
be taken.
e.
Any person testing any alarm covered under the terms of this section
shall notify Police Headquarters immediately prior to and after the
testing is completed. Failure to do so shall subject the person to
a penalty provided for false alarms.
f.
In cases of false alarms involving fire alarms, all information shall
be referred to the Fire Commissioners who may take such action as
may be provided by law.
[Ord. #1074, § 2]
Any person, firm or corporation found guilty in the Municipal
Court of the Borough of Keansburg of a violation of the terms of this
section shall be subject to a minimum mandatory fine of $100, or one
or more of the following in the discretion of the Municipal Court
Judge: imprisonment in the county jail or in any place provided by
the municipality for the detention of prisoners, for any term not
exceeding 90 days or by a fine not exceeding $1,000 or by a period
of community service not to exceed 90 days.
Except as otherwise provided, each and every day in which a
violation of any provision of this ordinance exists, shall constitute
a separate violation. In addition, each violation of this ordinance
shall be considered a separate offense upon each and every day in
which a violation exists.
[Ord. #924, § 1]
As used in this section:
Shall mean the sale, barter, exchange or display or any new
or used furniture, sporting goods, fixtures, tools, equipment, food,
clothing, metal, glass, paper, rubber, synthetics, household goods,
personal property or rummage conducted upon private premises or otherwise
and conducted by a person employed for the purpose whether compensated
or not and wherein the price of articles to be sold is fixed and determined
by bidding.
Shall mean any dwelling, house, building or other structure,
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
garage, steps or vestibule belonging or appurtenant to such dwelling,
house or other structure.
[Ord. #924, § 4; Ord. #1117, § 1]
a.
Upon filing a written application with the Borough Clerk stating
the name, age and residence of the applicant; the type of merchandise
to be displayed and sold at auction; the name and address of the registered
agent, if a corporation; and whether the applicant has ever been convicted
of a crime, if an individual, the date and place where the auction
is to be conducted, the type of merchandise to be sold and the date
upon which the last permit, if any, was issued, either to the applicant
or for the same premises covered by the current application, the name
of the licensed auctioneer who will conduct the auction, together
with the filing fee, the Borough Clerk shall issue a permit authorizing
same.
b.
There shall be a fee of $10 for the issuance of the permit.
c.
(Reserved)
d.
The Borough Clerk shall investigate each application made.
e.
The applicant shall be required to post a bond in the sum of $500
with sufficient sureties acceptable to the Borough Attorney and conditioned
for the due observations of this section.
f.
The bond shall be for the protection of persons and property and
the preservation of the safety and property of the municipality and
its inhabitants, as may now or hereafter be required by any State
law or municipal ordinance or regulation. The bond shall be renewed
from time to time, and no auction shall be operated or conducted if
the bond is expired, revoked or canceled for any reason whatsoever.
g.
The license, if granted, shall be conspicuously placed upon the premises,
and shall in no case be transferable.
h.
The premises upon which the auctions are or may be located shall
be open to inspection at all reasonable hours by any Borough official
or member of the Police Department.
[Ord. #924, § 3; Ord. #1117, § 2]
a.
Every auctioneer shall obtain a license by filing an application.
b.
The annual fee for each license shall be $50. The Council may waive
this fee for an auction sponsored by a nonprofit organization upon
proper application to the Council, who may so decide based upon information
and the request submitted by such nonprofit organization.
[Ord. #924, §§ 2, 3; Ord. #1117, § 3]
a.
Auctions.
1.
No auction shall be conducted within the Borough except in conformance
with the provisions of this section and by a licensed auctioneer.
2.
No auction shall be conducted within the Borough unless a permit
shall have first been issued by the Borough Clerk permitting same.
3.
No auction shall be conducted within the Borough except between the
hours of 9:00 a.m. and 11:00 p.m. on the day for which a permit is
issued. No permit shall be issued for more than two consecutive days.
4.
No refrigerator or icebox having a capacity of 1 1/2 cubic feet
or more, with an attached lid or door which may be opened and fastened
shut by means of an attached latch, lock or other similar device,
shall be displayed, offered for sale or sold at a private auction
unless the attached lid or door shall first be removed and detached
therefrom.
5.
Nothing herein contained shall apply to a sale held under a judicial
order, judgment or decree or a writ issuing out of any court or sale
to enforce any lawful lien or power of sale.
b.
Auctioneers.
1.
Pursuant to State law, every auctioneer, upon the receipt or acceptance
by him of any personal property for the purpose of sale at auction
and before offering the same or any part thereof for sale, shall write
or cause to be written in a book to be kept by him for that purpose,
the name and address of the person who employed him to sell such property,
the name and address of the person for whose benefit, behalf or account
the property is to be so sold, the name and address of the person
from whom the auctioneer received or accepted the property, the name
and address of the owner of the property immediately prior to its
acceptance, the location with street number, if any, of the property
immediately prior to its receipt or acceptance, the date of the receipt
or acceptance, the place with street number, if any, in which the
property is to be kept until sold or offered for sale at auction,
the place and street number, if any, in which the property is to be
sold or offered for sale at auction, a description of the property,
the quantity thereof and the distinctive markings thereon, if any,
and the terms and conditions upon which the auctioneer receives or
accepts the property for sale at auction.
2.
Personal property shall mean any goods, wares, works of art, commodity,
compound or thing, chattels, merchandise or personal property which
may be lawfully kept or offered for sale.
3.
Nothing herein contained shall apply to the sale of real property
at auction.
4.
Such books and entries therein shall at all reasonable times be open
to the inspection of the Chief of Police, the County Prosecutor, and
any other person who shall be duly authorized in writing for that
purpose by any or either of them, and who shall exhibit such written
authorization to the auctioneer.
5.
As provided by State law, any person who violates the requirements
of subparagraphs 1 and 4 above shall be guilty of a misdemeanor.
6.
Every general auctioneer shall, before any license is issued to him,
enter into a bond with sureties sufficient to be approved by the Borough
Attorney in the sum of $500 and conditioned for the due observance
of all ordinances of the Borough during the continuance of his license.
7.
All auctions shall be conducted in accordance with the provisions
of the Uniform Commercial Code N.J.S.A. 12A:2-328. If the bulk sales
portion of the code applies, as in N.J.S.A. 12A:6-108, the auctioneer
shall also comply with its provisions.
[Ord. #1117, § 4]
a.
In connection with the conduct of any auction as may be permitted
by the terms of this section, not more than two signs advertising
such auction shall be permitted. The signs shall be placed only on
the premises at which the auction is to be held, and the placement
of any such sign upon any other property, public or private, is expressly
prohibited.
b.
The size of any sign permitted by the terms of this ordinance shall
not exceed two feet by three feet.
c.
(Reserved)
[Ord. #509, § 1; amended 8-21-2019 by Ord. No. 1643]
To set up, maintain, or permit, suffer or allow to be set up,
kept or maintained in any house or other premises or place any device
or game of chance for the purpose of gaming, or engage in any game
of chance either as banker, player, dealer or otherwise for the purpose
of gaming, except those bona fide qualified organizations which, pursuant
to N.J.S.A. 5:8-24 et seq. (Bingo Licensing Law), and N.J.S.A. 5:8-50
et seq. (Raffles Licensing Law), may conduct games of chance on any
day, including Sunday, upon application to and approval by the Borough
Clerk pursuant to the rules and regulations of the New Jersey Legalized
Games of Chance Control Commission. In the event that the Borough
Clerk or Deputy Municipal Clerk is unavailable or unable to review
the application, the Chief of Police shall approve or disapprove of
the application pursuant to the rules and regulations of the New Jersey
Legalized Games of Chance Control Commission.
[Ord. #886, § 1]
As used in this section:
Shall mean any sale customarily entitled "garage sale," "lawn
sale," "porch sale," "rummage sale," "yard sale," "basement sale,"
"flea market sale," or any other similar sale of tangible property
occurring on residential property.
Shall mean any tangible personal property.
[Ord. #886, § 3]
It shall be unlawful to conduct a garage sale in the Borough
without first filing with the Borough Clerk the information hereinafter
specified and obtaining from the Clerk a license to do so to be known
as a garage sale license.
[Ord. #886, § 6]
a.
The information to be filed with the Borough Clerk pursuant to this
Chapter shall be as follows:
1.
Name of person, association or organization conducting the sale.
2.
Name of owner of property on which the sale is to be conducted or
written consent of owner if applicant is other than owner.
3.
Location at which the sale is to be conducted.
4.
Number of days of sale.
5.
Date and nature of any past sale.
6.
A description of merchandise being sold.
7.
Sworn statement or affirmation by the person signing that the information
herein given is full and true and known to him to be so.
[Ord. #886, § 4; Ord. #923, § 1]
a.
Licenses for garage sales shall be issued for any one person or premises
no more than four times within a twelve-month period, and no such
license shall be issued for more than three consecutive days nor any
additional license issued within the period beginning on the date
of the last date of sale and thence running 30 days therefrom.
b.
The fee for such license shall be $5 per occasion.
[Ord. #886, § 6]
A copy of the permit shall be given to the applicant, Chief
of Police and Zoning Officer, and one copy shall be retained by the
Borough Clerk.
[Ord. #886, § 4]
The license issued under this section must be prominently displayed
on the premises or within the area of the sale and visible from the
street upon which the sale is conducted throughout the entire period
of the licensed sale.
[Ord. #886, § 7]
The person to whom a license is issued and the owner or tenant
of the premises on which the sale or activity is conducted shall be
jointly responsible for the maintenance of good order and decorum
on the premises during all hours of such sale or activity. No persons
shall permit loud or boisterous conduct on the premises nor permit
vehicles to impede the passage of traffic on any streets in the area
of such premises. All persons shall obey the reasonable orders of
any member of the Borough Police or Fire Departments in order to maintain
the public health, safety and welfare. All licensed premises shall
at all times be subject to such reasonable rules as may be made by
the Borough Council and shall be subject to inspection at all times
by the Zoning Officer, Chief of Police and Fire Chief or any of their
agents or other duly authorized representative of the Borough.
[Ord. #886, § 9]
Garage sales, as defined and permitted under this section shall
be conducted on the licensed premises only in the dwelling, garage,
front or rear yard.
[Ord. #886, § 5]
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
[Ord. #886, § 10]
It shall be unlawful for any person to offer for sale mattresses,
bedsprings, cots, lounges and sofas in any garage sale authorized
under this section without first complying with the appropriate section
of N.J.S.A. 26:10-1 through 26:10-18, with respect to the labeling,
sterilizing and disinfecting of the mattresses, bedsprings, cots,
lounges and sofas.
[Ord. #886, § 8]
No signs for advertising or directing customers are to be posted
on any place other than the premises where the sale is to be held.
The sign shall not exceed two feet by two feet in size and shall not
be placed on the premises earlier than one week prior to the sale
and must be removed within 24 hours after the sale has terminated.
[Ord. #886, § 2]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any bona fide charitable, religious, educational, cultural or governmental
institution or agency, provided, however, that the burden of establishing
the exemption shall be on the organization or institution claiming
such exemption. Such exemption may be permitted by resolution of the
Borough Council after application by any of the aforementioned types
or organizations.
[Ord. #886, § 14]
This section shall be enforced by the Zoning Officer. It shall
be the duty of the Zoning Officer to investigate any violation of
this Chapter coming to his attention. If a violation does exist, he
shall prosecute a complaint by issuing a violation ticket and issuing
a summons for local Court appearance pursuant to the provisions of
this section. It shall be the duty of the Borough Police Department
to bring to the attention of the Zoning Officer for further investigation
any violations of this section of which the Police Department becomes
aware during the course of its normal duties.
[Ord. #886, § 12]
[Ord. #1091]
It is the purpose of the Municipal Council of the Borough of
Keansburg in enacting this section to safeguard and protect the homeowner
against abuses and fraudulent practices by licensing persons engaged
in the home improvement, remodeling and repair business.
[Ord. #1091]
Shall mean any structure occupied or unoccupied.
Shall mean any person or salesman, other than a bona fide
employee of the owner, who owns, operates, maintains, conducts, controls,
or transacts a home improvement business and who undertakes or offers
to undertake or agrees to perform any home improvement or solicits
any contract therefor, whether or not such person is licensed or subject
to the licensing requirements of this section and whether or not such
person is a prime contractor or subcontractor with respect to the
owner.
Shall mean the Code Enforcement Officer or Chief Housing
Inspector, when assigned by the Director.
Shall mean the construction, demolition, repair, replacement,
remodeling, alteration, conversion, rehabilitation, renovation, modernization,
improvement, or addition to any land or building, or that portion
thereof which is used or designed to be used as a residence or dwelling
place and shall include but not be limited to the construction, erection,
replacement, or improvement of driveways, swimming pools, terrace,
patios, landscaping, fences, porches, garages, fallout shelters, basements,
and other improvements to structures or upon land which is adjacent
to a dwelling house.
Without regard to the extent of affixation, home improvement
shall also include the installation of central heating or air conditioning
systems, central vacuum cleaning systems, storm windows, awnings,
(or) fire or burglar alarms, (or) communication systems, the insulation
of a structure or the demolition of a structure.
Home improvement shall not include:
The construction of a new home building or work done by a contractor
in compliance with a guarantee of completion of a new building project.
The sale of goods or materials by a seller who neither arranges
to perform nor performs directly or indirectly any work or labor in
connection with the installation of or application of the goods or
materials.
Residences owned by or controlled by the State or any municipal
subdivision thereof.
Painting or decorating of a building, residence, home or apartment,
when not incidental or related to home improvement work as herein
defined.
Shall mean an agreement, whether oral or written or contained
in one or more documents, between a contractor and an owner, or contractor
and a tenant; regardless of the number of residences or dwelling units
contained in the building in which the tenant resides, provided that
said work is to be performed in, to or upon the residence or dwelling
unit of such tenant, for the performance of a home improvement, and
includes all labor, services and materials to be furnished and performed
thereunder.
Shall mean any shop, establishment, place or premises where
the home improvement business is transacted or carried on.
Shall mean a person permitted to engage in the home improvement
business under the provisions of the section.
Shall mean any homeowner, condominium unit owner, tenant,
or any other person who orders, contracts for or purchases the home
improvement services of a contractor or the person entitled to the
performance of the work of a contractor pursuant to a home improvement
contract.
Shall mean an individual, firm, company, salesman, partnership
or corporation, trade group or association.
Shall mean any individual who negotiates or offers to negotiate
a home improvement contract with an owner or who solicits or otherwise
endeavors to procure in person a home improvement contract from an
owner on behalf of a contractor, or for himself should the "salesman"
be also the contractor, whether or not such person is licensed or
subject to the licensing requirement of this section.
[Ord. #1091]
a.
No person shall solicit, canvass, sell, perform or obtain a home
improvement contract as a contractor salesman from an owner without
a license therefor.
b.
No person shall operate, maintain, conduct, control or transact a
home improvement business without a license therefor.
c.
A license issued pursuant to this section may not be construed to
authorize the licensee to perform any particular type of work or engage
in any kind of business which is reserved to qualified licensees under
separate provisions of State or local law, nor shall any license or
authority other than as issued or permitted pursuant to this section
authorize engaging in the home improvement business.
[Ord. #1091]
[Ord. #1091]
a.
No license shall be assignable or transferable.
b.
Every licensee shall, within 10 days after a change of control in
ownership or of management or of change of address or trade name,
notify the Director of each change.
c.
A license issued hereunder shall at all times be posted in a conspicuous
place in the place of business of the licensee.
d.
A duplicate license may be issued for one lost or mutilated and shall
bear the word "duplicate" stamped across its face.
e.
Director. In addition to the powers and duties elsewhere prescribed
in this section, the Director shall have the power:
1.
To appoint, with the approval of the governing body, an adequate
number of assistants, inspectors and other employees as may be necessary
to carry out the provisions of this section, to prescribe their duties,
and to fix their compensation within the amount appropriated therefor.
2.
To examine the qualifications and fitness of applicants for licenses
under this section.
3.
To keep a record of all licenses issued, suspended or revoked.
4.
At any time to require reasonable information of an applicant or
licensee, and may require the production of books of accounts, financial
statements, contracts or other records which relate to the home improvement
activity, qualification or compliance with this section by the licensee
provided, however, that said information and production of records
is required of him pursuant to its regular business and functions
under this section.
5.
To adopt rules and regulations related to the identification of salesmen.
[Ord. #1091]
a.
An application for a license or renewal thereof shall be made to
the director on a form prescribed by him.
b.
A separate license shall be required for each place of business.
c.
The application shall be filed only by the actual owner of a business,
shall be in writing, signed and under oath; it shall contain the office
address of the business; the name and residence address of the owner
or partner and, if a corporation, trade group, or association, the
names and residence address of the directors and principal officers.
d.
The director may require the names and residence addresses of any
employees of an applicant, in addition to any other information which
he may deem advisable.
e.
Each applicant shall be over 18 years of age and of good character.
f.
The director shall investigate each applicant as to good character
before a license is issued.
[Ord. #1091]
The Director may make such rules and regulations not inconsistent
with the provisions of this section, as may be necessary with respect
to the form and content of applications for licenses, the reception
thereof, the investigation and examination of applicants and their
qualifications, and the other matters incidental or appropriate to
his powers and duties as prescribed by this ordinance and for the
proper administration and enforcement of the provisions of this section,
and to amend or repeal any such rules and regulations.
[Ord. #1091]
Any person who shall violate any provision of this section or
shall fail to comply with any of the requirements thereof shall, upon
conviction thereof, be punished by a fine not exceeding $500 or by
imprisonment for a term not exceeding 90 days or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
The Director shall have authority to revoke or suspend any license
issued pursuant to this section or to deny the renewal of a license
for any one or more of the following causes:
a.
Fraud, misrepresentation, bribery in securing a license;
b.
The making of any false statement as to a material matter in any
application for a license;
c.
The person or the management personnel of the contractor are untrustworthy
or not of good character;
d.
The business transactions of the contractor have been or are marked
by a practice of failure to timely perform or complete its contracts,
or the manipulation of assets or accounts, or by fraud or bad faith,
or is marked by an unwholesome method or practice of solicitation
of business from owners;
e.
Failure to display the license as provided in this section;
f.
Failure to comply with any demand or requirement lawfully made by
the Director;
g.
When an agent or employee of a licensee has been guilty of an act
or omission, fraud, misrepresentation and the licensee has approved
or had knowledge thereof;
h.
Violation of any provision of this section or any rule or regulation
adopted hereunder or for performing or attempting to perform any act
prohibited by this section.
[Ord. #1091]
The following acts are prohibited:
a.
Abandonment or willful failure to perform, without justification,
any home improvement contract or project engaged in or undertaken
by a contractor; or willful deviation from or disregard of plans or
specifications in any material respect without the consent of the
owner.
b.
Making any substantial misrepresentation in the solicitation or procurement
of a home improvement contract, or making any false promise of character
likely to influence, persuade or induce.
c.
Any fraud in the execution of, or in the material alteration of any
contract, mortgage, promissory note or other document incident to
a home improvement transaction.
d.
Preparing or accepting any mortgage, promissory note, or other evidence
of indebtedness upon the obligations of a home improvement transaction
with knowledge that it recites a greater monetary obligation than
the agreed consideration for the home improvement work.
e.
Directly or indirectly publishing any advertisement relating to home
improvements which contains an assertion, representation, or statement
of fact which is false, deceptive, or misleading, provided that any
advertisement which is subjected to any complies with the then existing
rules, regulations or guides of the Federal Trade Commission shall
not be deemed false, deceptive, or misleading, or by any means advertising
or purporting to offer the general public any home improvement work
with the intent not to accept contracts for the particular work or
at the price which is advertised to the public.
f.
Willful or deliberate disregard and violation of the building, sanitary,
fire and health ordinances of this Borough.
g.
Failure to notify the Director of any change or control in ownership,
management or business name or business name or location.
h.
Conducting a home improvement business in any name other than the
one in which the contractor is licensed.
i.
Willful failure to comply with any order, demand, rule, regulation,
or requirement made by the director pursuant to provisions of this
section.
j.
As part of or in connection with the inducement to make a home improvement
contract, no person shall promise or offer to pay credit, or allow
to a buyer any compensation or reward for the procurement of a home
improvement contract with others.
k.
No salesman may concurrently represent more than one contractor in
the solicitation or negotiation of any one home improvement contract
from an owner. The use of a contract form which fails to disclose
a named contractor-principal, whether for the purpose of offering
the contract to various contractors other than the one the salesman
purported to represent in negotiation or otherwise is prohibited.
No salesman may be authorized to select a prime contractor on behalf
of the owner.
l.
No salesman shall accept or pay any compensation of any kind, or
on account of a home improvement transaction, from or for any person
other than the contractor whom he represents with respect to the transaction.
m.
As a part of, or in connection with the inducement to enter any home
improvement contract, no person shall promise or offer to pay, credit,
or allow to any owner, compensation or reward for the procurement
or placing of home improvements business with others.
n.
No contractor or salesman shall offer, deliver, pay, credit or allow
to the owner any gift, bonus award, or merchandise, trading stamps,
or cash loan as an inducement to enter a home improvement contract.
A contractor or salesman may give tangible items to prospective customers
for advertising or sales promotion purposes where the gift is not
conditioned upon obtaining a contract for home improvement work, provided
no such item shall exceed a cost value of $5 and no owner and/or other
person shall receive more than one such item in connection with any
one transaction.
[Ord. #1091]
Any contractor, canvasser, or seller of home improvements who
shall knowingly make any false or fraudulent representations or statements
or who makes or causes any such statements to be made in respect to
the character of any sale, or the party authorizing the same, or as
to the quality, condition, or value of any property offered by him
for sale, shall be deemed in violation of this section and, upon conviction
thereof, shall be punished in accordance with this section.
[Ord. #1091]
Any home improvement contract entered into between a contractor
and an owner shall comply with the provisions of the "Home Repair
Financing Act" (P.L. 1960 c. 41) as amended.
[Ord. #1091]
No license shall be required in the following instances:
a.
An individual who performs labor or services for a contractor for
wages or salary;
b.
A plumber, electrician, architect, professional engineer or any other
such person who is required by State or municipal ordinance to attain
standards of competency or experience as a prerequisite to engaging
in such craft or profession and who is acting exclusively within the
scope of the craft of profession for which he is currently licensed
pursuant to such other law;
c.
Any retail clerk, clerical, administrative or other employee of a
licensed contractor, as to a transaction on the premises of the contractor;
d.
This section shall not apply to or affect the validity of a home
improvement contract otherwise within the purview of this section
which is made prior to the effective date of the respective provisions
of this section governing such contracts;
e.
Any home improvement, where the aggregate contract price for all
labor, materials and other items is less than $200. This exemption
does not apply where the work is only part of a larger or major operation,
whether undertaken by the same or a different contractor, or in which
a division of the operation is made in contracts of amounts less than
$200 for the purpose of evasion of this provision or otherwise.
f.
An individual who is licensed as a contractor in the State of New
Jersey under the Home Repair Act N.J.S.A. 17:16C-62 et seq. A copy
of said license shall be submitted to the Director for his/her file.
[Ord. #1091]
The Director shall have the power to make such investigation
as he deems necessary and may examine the books, accounts, records
and files of any person who is a party to or holder of a home improvement
contract. The Director shall have the power to administer oaths and
affirmations of any persons whose testimony is required.
The Director shall have the power to issue subpoenas to compel
the attendance of witnesses, the production of documents, papers,
books, records and other evidence before him in any matter pertaining
to this section.
[Ord. #1091]
No license shall be suspended or revoked until after a hearing
has been held before the Director. The licensee shall be given 10
days' notice of the hearing, and the Director shall set the date and
meeting place of the hearing. The licensee shall be given an opportunity
to be heard, and the Director's determination upon completion of the
hearing shall be appealable to the Borough Manager.
Notice of the hearing shall be served either personally or by
registered mail and shall state the date and place of hearing and
set forth the ground or grounds constituting the charges against the
license.
Prior ordinance history includes Ordinance No. 1476 which was
rescinded by Ordinance No. 1505.
[Ord. #1119, § 1]
The purpose of this section is to fix licensing requirements
for tow truck operators in the Borough of Keansburg and to set forth
regulations governing the use of tow truck operators by the Police
Department of the Borough of Keansburg.
[Ord. #1119, § 2]
A tow truck operator's license is required for any person, partnership
or corporation to be placed on a tow truck call list of the Police
Department of the Borough of Keansburg. The tow trucks shall be insured
under the terms and conditions of this section, and the license shall
certify that they meet all requirements set forth in this section,
the New Jersey statutes and the rules and regulations of the New Jersey
Division of Motor Vehicles. The licensees shall certify that periodic
inspections of the tow trucks are made and that the tow trucks comply
with the requirements hereinabove and hereafter set forth. The licensee
shall also be required to ensure that all operators of the licensee's
tow trucks have valid New Jersey driver's licenses and are duly authorized
to operate the tow truck on the public streets and highways of the
State of New Jersey.
[Ord. #1119, § 3]
All licenses issued pursuant to this section shall expire on
the last day of December succeeding the date of issue.
[Ord. #1119, § 4; Ord. #1505]
Application for licenses issued pursuant to this section shall
be made upon a form prepared by the Chief of Police of the Borough
of Keansburg. The application form shall be filed with the Chief of
Police of the Borough of Keansburg, and a copy shall be filed in the
office of the Clerk of the Borough of Keansburg. The application shall
state the following information:
a.
The location, description and availability of the tow truck operated
by the applicant. The vehicle description shall include year, make,
model, type, serial number of body and length of time the vehicle
has been in use.
b.
The actual rates to be charged for towing and storage services, which
rates shall be available for public inspection. Any changes to rates
set forth on the application shall be filed with the Chief of Police.
c.
The area the applicant has available for properly accommodating and
protecting disabled motor vehicles. The applicant shall attach a diagram
of its property showing the secured area intended for the protection
of vehicles removed from the roadway.
d.
A statement that the applicant has sufficient personnel and equipment
to provide twenty-four-hour tow service and to respond to police calls
in accordance with the requirements of this section,
e.
Name, address, and policy number of applicant's insurance company.
f.
A signed statement by applicant of nondiscriminatory and non-exclusionary
employment practices.
[Ord. #1119, § 5]
Within 10 days after receipt of an application, the Chief of Police shall cause an investigation to be made of the applicant and its business operations. Upon completion of the investigation, the Chief of Police shall make his recommendation to the Borough Council with respect to the grant or denial of a tow truck operator's license. If the application is recommended for approval by the Chief of Police, the applicant shall supply the Chief of Police with the required insurance policies or insurance certificates, and the applicant shall certify that he is in compliance with the terms provided for in subsection 4-14.2 of this section. Upon receipt of the policies or certificates and the applicant's certifications as required by subsection 4-14.2 of this section, the Chief of Police shall make the appropriate recommendation on the application and shall forward the investigation recommendation, policies or certificates of insurance and the applicant's certifications to the Borough Council of the Borough of Keansburg.
[Ord. #1119, § 6]
The Chief of Police shall recommend approval of an application
when he finds that the following requirements and certifications have
been provided by the applicant:
a.
That the public convenience and necessity will be served by use of
the vehicle for which application has been made.
b.
That the insurance policies as required have been procured and supplied.
c.
That the applicant has certified that the proposed operators are
qualified to operate the tow truck and conduct a tow truck service
in the Borough of Keansburg.
d.
That the applicant has certified that the requirements of this section
and all other statutes have been met.
e.
That the applicant has certified that the vehicle has been properly
licensed and inspected by the State of New Jersey and has the necessary
stickers affixed. No vehicle shall be licensed as a tow truck which
is using dealer's plates or which has failed state inspection.
[Ord. #1119, § 7; Ord. #1505]
Upon written recommendation or approval by the Chief of Police,
the Borough Council of the Borough of Keansburg shall thereafter and
within a reasonable time make a final determination as to whether
or not to approve said application. The Borough Council may decide
to have a public hearing concerning the same, and said hearing shall
be scheduled within 15 days thereafter and on seven days' written
notice to the applicant. When the application has been approved and
upon receipt of payment from the applicant of a nonrefundable annual
application fee of $350 shall be paid each year at the time of the
application. A towing fleet license fee of $150 shall be paid by the
applicant to the Borough Clerk with a single roster of vehicles which
will be used in the towing operation within five business days of
written notification to the applicant of the applicant's approval.
[Ord. #1119, § 8; Ord. #1126; Ord. #1505]
a.
No licensed tow truck shall be called by the police nor shall any
owner, lessee or bailee be listed on the call list nor utilized as
a tow truck on the call list unless and until the vehicles have been
insured as follows and until the Chief of Police shall have received
the following insurance policies or certificates of insurance: for
the purpose of protecting the interest of Keansburg and the licensee,
the licensee shall maintain a garage keeper's liability insurance
policy extended to provide direct primary coverage; including liability
assumed under this contract.
The all-risk policy shall cover the operation of the licensee's
equipment for any bodily injury in the minimum amount of $100,000
and for property damage in the minimum amount of $100,000. The licensee
shall provide proof of insurance covering fire, theft and explosion
in the minimum amount of $25,000.
b.
Each policy required herein must contain an endorsement providing
a ten-day notice to the Borough of Keansburg in the event of any material
change or cancellation for any cause. In the event that the policy
is changed so as to fail to conform with the above requirements or
if any policy of any licensed tow truck is canceled for any reason,
the Chief of Police shall notify the person, partnership or corporation
responsible for the policy, and it shall be corrected or reinstated
or replaced with a conforming policy within 10 days after notice is
received and before the date of cancellation. During the time of said
cancellation, the license shall immediately be suspended and removed
from the rotating call list. In addition, the Chief of Police shall
notify the Borough Council immediately of the action taken by him
and shall notify the Borough Council when and if the certificate is
corrected, reinstated or replaced within the required time. If the
policy or certificate is not corrected, reinstated or replaced within
the required time, the Chief of Police shall immediately suspend the
tow truck operator's license and shall pick up from the owner all
indications of licensing, including any stickers, cards, medallions
or other means of identification.
[Ord. #1119, § 9]
The licensee shall be responsible for the inspection and operation
of its equipment and shall be responsible to provide adequate equipment
which complies with the requirements of this section, the New Jersey
statutes and the rules and regulations of the New Jersey Motor Vehicle
Commission.
[Ord. #1119, § 10]
The Chief of Police shall keep a record of the names of all
persons owning or operating tow trucks licensed under this section,
together with the license number and the description of the tow trucks.
[Ord. #1119, § 11]
Every person owning a licensed tow truck shall keep a record
of the name of the owner and operator of the vehicle towed, the name
of the person requesting the towing service and the stated reason
for the licensee's service. Regulations and fee schedules of the tower
shall be prominently displayed at the tower's business location and
a current copy kept on file with the Chief of Police for distribution
to the public during normal Borough business hours.
[Ord. #1119, § 12; Ord. #1505]
a.
Tow trucks performing towing services for the Borough of Keansburg
or called by a police officer shall perform on a rotating basis. The
Chief of Police is hereby authorized to establish a system of rotation
in the assignment of tow trucks. Tow trucks shall be assigned when
performing towing services for the Borough of Keansburg or called
by a police officer from a rotating list only. No licensee or other
party shall respond to the scene of an accident except upon notification
by the officer in charge at Police Headquarters or upon request of
the driver or owner of the disabled vehicle or in the event the disabled
vehicle is located in front of one of the licensed operator's business
locations and it is during normal daytime business hours.
b.
In order to provide the public with prompt and adequate tow truck
service, the licensee will be required to have the capability of responding
to a call within a maximum of 20 minutes during the day hours (7:00
a.m. to 6:00 p.m.) and within a maximum of 30 minutes during evening
hours (6:01 p.m. to 6:59 a.m.). If the licensee cannot respond within
such time, he shall so notify the person requesting the service, and
the person requesting the service may call another licensee on the
rotating list.
For the purpose of qualifying to meet response time requirements
of this section, all applicants shall have towing vehicles and suitable
storage facilities located within three miles of the perimeter of
the Borough of Keansburg.
[Ord. #1119, § 13]
Nothing in this section shall apply to persons who pick up disabled
cars outside the Borough of Keansburg and are in the course of taking
the vehicles to a garage or location either within or without the
Borough of Keansburg. This section shall not apply to persons whose
principal place of business as tow truck operators is outside the
Borough of Keansburg who enter the municipality to pick up a disabled
vehicle under a contract for hire with any person engaged in the trucking
or transportation business or in the operation of fleets of vehicles.
[Ord. #1119, § 14]
Any license issued under this section may be suspended or revoked
for violation of any provisions of this section and any provisions
of any applicable State statute or State regulation, if at any time
the Chief of Police shall find the equipment inadequate or unsafe
or that the licensee has violated any rule or regulation made by the
Chief of Police. Proceedings for suspension or revocation shall be
service of a five day notice of charge preferred against the licensee
and affording a reasonable opportunity for a hearing. A hearing shall
be held by the Chief of Police and after said hearing, the Chief of
Police shall recommend appropriate action to the Borough Council of
the Borough of Keansburg.
[Ord. #1119 § 15; Ord. #1498; Ord. #1505]
The maximum rates that may be charged for the use of a tow truck
and/or storage of a vehicle towed, whether licensed or unlicensed,
are as follows:
a.
Towing services to a location outside the Borough of Keansburg or
within the Borough of Keansburg or to a storage yard, which services
shall consist of the removal and transportation of a vehicle from
a highway, street or other public or private road, or a parking area,
or from a storage facility:
b.
Storage. Storage fees shall be charged per calendar day or fraction
thereof. An additional charge of $50 may be imposed if a request is
made of the storage facility to release the vehicle in question after
normal business hours, on a weekend, Saturday or Sunday, or on a holiday.
|
Vehicles Class
|
Inside*
|
Outside
|
|---|---|---|
|
Class I
|
$75
|
$50
|
|
Class II
|
$100
|
$75
|
|
Class III
|
-n/a-
|
$100
|
|
* at request of police or vehicle owner
|
|
All fees to be paid to an operator by a municipality, or department
thereof, for the storage of removed motor vehicles shall not exceed
the amount set forth in N.J.S.A. 40:48-2.50.
|
c.
Other Fees.
|
Winching and/or recovery service:
| |
|
first 1/2 hour
|
$250 plus $3 a foot for cable or chain
|
|
Each 1/2 hour after
|
$150
|
|
Towing to another location other than the tow company's yard:
|
Rates to be determined by the towing company and the private
party
|
|
Vehicle Removal Charge Flat fee:
|
$65 tow to street for pickup
|
|
Additional man power
|
$75
|
|
No Key Charge
|
$80
|
|
Cleanup fee:
|
$75 in half hour increments. (Includes Absorbent Charge and
cost of Speedy Dry)
|
|
Speedy dry
|
$10 per bag
|
|
Waiting time
|
After 1/2 hour $75 per half hour
|
|
Vehicle removal
|
$50
|
|
Other fee's not listed above may not be charged unless preauthorized
by vehicle operator or owner.
| |
d.
Return/Release of Impounded Vehicles.
1.
No motor vehicle which has been impounded pursuant to the laws of
this State shall be released by the Borough unless proof of valid
insurance and proof of ownership for that vehicle is presented to
the Keansburg Police Department. This includes those individuals who
plan to remove their vehicle with a wrecker. The recovery or salvage
of the impounded motor vehicle by, or on behalf of, an insurer, financial
institution or other lending entity, shall not require proof of valid
motor vehicle insurance for that vehicle.
2.
A $50 administrative fee will be paid to the Borough of Keansburg
for a release of any impounded vehicle.
3.
Criminal Investigation means vehicle seized for criminal investigation
purposes shall not be returned to the owner without authorization
from Keansburg Police Department representative.
4.
Twelve Hour Impoundment of a Motor Vehicle Operated by a D.U.I. (Driving
Under the influence). When a Law Enforcement Officer makes an arrest
for D.U.I., the officer must impound the vehicle the person was operating
and hold it for a minimum of 12 hours from the time of the arrest.
5.
Release of Vehicle Before the Twelve-Hour Impoundment Expires. The
vehicle may be released prior to 12 hours of impoundment if the owner
of the impounded vehicle was not the operator that was charged with
D.U.I. In this circumstance, the vehicle may be released after the
owner demonstrates proof of ownership, registration and automobile
insurance coverage. The vehicle may only be released if no Title 39
violations exist.
[Ord. #1119, § 16]
The maximum rates fixed in subsection 4-14.15 hereof shall apply to the towing and storage of all passenger vehicles, except those exempted pursuant to N.J.S.A. 17:33B-47 et seq. and N.J.A.C. 11:3-38.1 et seq. as well as to all nonpassenger vehicles not exceeding two tons in weight. In the case of services rendered to other types of vehicles, services of a nature beyond basic towing services as defined in subsection 4-14.15 or tows to locations outside of the Borough or other than covered by basic rate, or services rendered in extraordinary cases involving unusual conditions, the rate to be charged shall be fair and reasonable based on the location, the length of time, the number of men and machinery involved and the difficulty of the job.
[Ord. #1119, § 17; Ord. #1126]
In addition to the requirements set forth hereinabove, each
tow truck operator shall be responsible for compliance with the following
additional regulations:
a.
Every vehicle towed by a tow truck operator and stored by it shall
be inventoried as to the items located in the vehicle. The tow truck
operator shall be solely responsible for the care and safety of any
items left in that vehicle during storage.
b.
(Reserved)
c.
No person shall be responsible for a storage fee when the vehicle
is removed from the tow truck operator's premises within 12 hours
of the time it was initially stored.
d.
Operators may accept payments by cash only when delivering a vehicle
to a location within the Borough of Keansburg.
[Ord. #1505]
Any person, firm, entity or corporation found guilty in Municipal
Court of the Borough of Keansburg of a violation of the terms of this
section shall be subject to one or more of the following penalties,
subject to the discretion of the Municipal Court Judge: Imprisonment
in the County Jail or in any place provided by the municipality for
the detention of prisoners for any term not to exceed 60 days, or
by a fine not to exceed $1,000, or by a period of community service
not to exceed 60 days.
Except as otherwise provided, each and every day in which a
violation of any provision of this section exists shall constitute
a separate violation. In addition, each violation of this section
shall be considered a separate offense upon each and every day a violation
exists.
If any part or parts of the section are for any reason held
to be invalid, such adjudication shall not affect the validity of
the remaining portions of this section.
All ordinances or parts of ordinances which are inconsistent
herewith are repealed, but only to the extent of such inconsistency.
This section shall become effective immediately upon its final
passage and publication as required by law.
[Ord. #1505]
As used in this section:
Shall not be included in a standard tow. This fee is for
post-accident service, to include insurance inspection, telephone
calls or faxes, removal of personal items and additional paperwork.
This shall be assessed only one time per vehicle.
Shall be a licensed junkyard or auto body repair shop in
the Borough of Keansburg or a service station or public garage in
the Borough of Keansburg which has a temporary storage facility for
disabled or abandoned vehicles.
Shall mean someone other than the Keansburg Police Department
requests a towing agency's service for the purpose of removing a vehicle.
This could include, but is not limited to, the owner or operator of
a vehicle or the owner or authorized agent of private property.
Shall mean the driving of a wrecker along any Borough street
for the purpose of soliciting business with the Borough.
Shall mean wheel and axle substitute.
Shall mean any vehicle authorized by law to be seized, towed
and held in the custody of an approved impound storage yard as approved
by the Keansburg Police Department.
Shall mean when the Keansburg Police Department contacts
the towing agency to remove and/or impound a vehicle at the request
of the Keansburg Police Department.
Shall mean the time from when the operator receives the telephone
call from Keansburg Police Department until the time the operator
arrives on scene.
Shall mean a response to a motorist to provide aid for the
changing of flat tires, providing fuel and/or other services rendered.
Shall mean the disbursement of an agent used to absorb liquid
spills from vehicles.
Shall mean the list of approved tow truck operators authorized
to operate in the Borough of Keansburg.
Shall mean additional time a tow operator spends at the scene
other than the time required for the actual tow and/or recovery.
Shall mean use of a cable and hook, crane operation, lifting,
dragging, uprighting a vehicle, etc.
Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying and removing vehicles
which are unable to be operated under their own power.
[Ord. #1121, § I]
Sidewalk cafes and restaurants may be established as an ancillary
use to a permitted restaurant in any zoning district that permits
restaurants. No person, however, shall establish, maintain, own or
operate a sidewalk cafe or restaurant nor serve food, liquor or other
beverages on any public street, sidewalk or alleyway without first
having obtained a license from the Clerk of the Borough of Keansburg.
[Ord. #1121, § II]
All applications for a sidewalk cafe license shall be made to
the Borough Clerk upon forms provided by the Clerk of the Borough.
Once a completed application is received by the Clerk with the appropriate
fee, it shall be forwarded to the Chief of Police who shall conduct
an investigation including consultation with fire prevention officials,
and the data contained in the application. Upon completion of the
investigation by the Chief of Police, the Mayor and Council of the
Borough will examine the application along with the report of the
Police Chief. The Mayor and Council shall issue or deny the license
as in their unlimited discretion they deem appropriate. The Mayor
and Council shall take into consideration, the location, potential
interference with pedestrian or vehicular traffic, appropriateness
of design, the business record of the applicant, any proposed structures
to be erected on public sidewalks and general public safety, health
and welfare considerations. It is contemplated that no less than four
feet of unobstructed sidewalk shall be open and maintained for pedestrians.
No license shall be issued until a resolution of the Mayor and Council
of the Borough authorizing the issuance of a license shall have been
adopted.
[Ord. #1121, § III; Ord. #1301, § 1;
Ord. #1375, § 1]
Any person submitting an application for a sidewalk cafe or
restaurant shall submit an application fee in the amount of $50 with
said application. Should an application be approved by the Mayor and
Council of the Borough by resolution as specified herein, the applicant
shall pay an annual licensing fee in the amount of $100.
[Ord. #1121, § IV]
Any and all licenses issued pursuant to the terms of this section
shall permit sidewalk cafe operations to begin no earlier than April
1. Any and all sidewalk cafe operations so established shall terminate
no later than November 1 of the year in which the permit is issued.
[Ord. #1121, § V]
Any license for a sidewalk cafe issued pursuant to the terms
of this section shall be renewed annually, in the discretion of the
Mayor and Council.
[Ord. #1121, § VI]
Any person violating any of the provisions of this section shall,
upon conviction, be punished by imprisonment in the County Jail for
a term not exceeding six months or by a fine not exceeding $500 or
both in the discretion of the Court.
[Ord. #1121, § VII]
Except as specifically provided herein, the general provisions of Chapter 4, General Licensing and Business Regulations, are fully applicable to this section.
[Ord. #1132, § 1]
Shall mean the Borough of Keansburg.
Shall mean activity which is proscribed by Title 2C of N.J.S.A.
or any Borough ordinance or any Federal law or regulation.
Shall mean any person responsible for placing and maintaining
a public telephone on sidewalk or street as hereinafter defined, and
receiving a permit therefor.
Shall mean an individual, business, firm, corporation, association,
partnership or any other organization, group or entity.
Shall mean any self-service, coin or credit card operated
telephone or bank of such telephones placed adjacent to each other
located in or over a public sidewalk or street.
Shall mean that portion of a highway or street intended for
the use of pedestrians, between the curbline or the lateral line of
a shoulder, or if none, lateral line of the roadway and the adjacent
right-of-way line.
Shall mean the entire width between the boundary lines of
every way publicly maintained when any part thereof is opened to the
use of the public for the purposes of vehicular traffic, and shall
include, but not be limited to roadways, parkways, alleys and highways.
[Ord. #1132, § 2]
a.
No person may place or maintain any outdoor public telephone on or
above any public street or sidewalk without having first obtained
a permit as provided in this section. Permits shall be issued subject
to the approval of the location and means of installation of the telephone
by the Borough Engineer. Prior to installation, a plan or sketch of
the telephone shall be furnished in sufficient detail to describe
the size, location, equipment and means of installation and cabling.
b.
The initial fee for a permit shall be $50 for each public telephone.
The annual renewal fee shall be $25 for each public telephone.
c.
A copy of the permit number shall be affixed to the public telephone
in such a fashion so as to be secure from defacing or damage by the
elements.
d.
Permits shall be renewable annually with all applications for renewal
to be submitted to the Borough not later than the 15th day of January
of each year.
e.
The Borough Engineer shall be notified of the intent of any person
to remove or relocate a public telephone which notification shall
be in writing and shall be given not later than 30 days before the
intended date of removal or relocation of said telephone. No telephone
may be removed or relocated without compliance with the provisions
of this section.
f.
The Police Department may reject any application for a permit, revoke
a permit or require the removal of an existing outdoor public telephone
if it is determined that a public telephone has the potential to or
has illustrated a propensity to create or contribute to illegal or
illicit activities. A presumption of illegal or illicit activity will
be created if during the permit year five incidents of illegal or
illicit activities are associated with the location or the proposed
location of the public telephone.
g.
The permit fees set forth herein shall not apply to any public telephone
installation subject to an agreement with the Borough of Keansburg
providing for the payment of any annual commission and a franchise
tax to the Borough of Keansburg, except that such public telephone
installations shall be subject to the following:
1.
Approval of the location of each public telephone by the Borough
Engineer.
2.
The Borough of Keansburg may require any of the following: the removal
of an outdoor telephone; the revocation of a permit; the restriction
or limitation upon service to permit outgoing calls only, if a public
telephone has the potential to or has illustrated a propensity to
create or contribute to illegal or illicit activity. A presumption
of illegal or illicit activity will be created if during the permit
year five incidents of illegal or illicit activities are associated
with the location or the proposed location of the public telephone.
h.
In the event the Borough Engineer declines to issue a permit, the
applicant may request a hearing before the Borough Engineer or a designee
as to said denial. Said request for a hearing must be made in writing
to the Borough Engineer within 10 days of receipt of notice of the
denial.
i.
Before receiving a permit, an applicant shall:
1.
Execute an indemnification agreement by which the applicant agrees
to defend, indemnify and hold harmless the Borough of Keansburg against
liability for all claims for damage to property, or injury to or death
of persons, arising out of or resulting from the issuance of the permit
or the control, maintenance, ownership or use of each public telephone,
including the applicant's public telephone and equipment.
2.
File with the Treasurer of the Borough of Keansburg a general liability
insurance policy of $1,000,000 for bodily injury and $50,000 for property
damage naming the Borough of Keansburg as an additional insured, insuring
against injury, loss or damage that may result from placing or maintaining
the telephone on or above the sidewalk, said policy to name the Borough
of Keansburg and its officers and employees as additional insureds.
[Ord. #1132, § 2]
a.
Any public telephone installation subject to this section shall comply
with the following standards:
1.
No booth surrounding a public telephone shall exceed eight feet in
height, four feet in width or four feet in thickness.
2.
Each public telephone shall be equipped with a coin return mechanism
to permit a person using the machine to secure an immediate refund
if call cannot be placed. The coin mechanism shall be maintained in
proper working order.
3.
Each public telephone shall have affixed to it in a place visible
to everyone using the telephone, the name and address of the distributor
and the telephone number of a working telephone service to report
a malfunction, secure a refund, or give the notices provided for in
this section.
4.
Public telephones shall be maintained in a neat and clean condition
and in good repair at all times. Public telephones shall be serviced
and maintained according to standards including, but not limited to
the following:
(a)
Public telephones shall be reasonably free of chipped, faded,
peeling and cracked paint in the visible painted areas thereof;
(b)
Public telephones shall be reasonably free of rust and corrosion
in the visible metal areas thereon;
(c)
Any clear plastic or glass parts of public telephones shall
be unbroken and reasonably free of cracks, dents, graffiti, blemishes
and discoloration;
(d)
Any paper or cardboard parts or inserts of public telephones
shall be reasonably free of tears, peeling or fading;
(e)
The structural parts of public telephones shall not be broken
or unduly misshapen;
(f)
Public telephone receivers shall be attached to the telephones.
5.
Any person who fails to maintain a public telephone in proper working
condition shall be given a ten-day notice to repair the telephone
by the Borough of Keansburg. Failure to timely comply with said notice
shall be grounds for revocation of the permit for said telephone.
6.
Each public telephone shall, upon the written request of the Chief
of Police, be capable of restricted or limited service allowing outgoing
calls only, within 10 days of the request.
[Ord. #1132, § 2]
[Ord. #1132, § 2]
a.
No public telephone shall be permitted to rest upon, in or over any
public street or sidewalk when such installation, use or maintenance:
1.
Endangers the safety of persons or property; or
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicles,
or is intended to be installed in such a fashion so as to permit,
intentionally or otherwise, its use by occupants of vehicles parked
or stopped upon any sidewalk; or
3.
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
4.
Interferes with the use of traffic signs or signals, hydrants or
mailboxes permitted at or near said location.
b.
Public telephones shall be placed, or otherwise secured so as to
prevent their being blown down onto or around the public street or
sidewalk, but shall not be affixed or otherwise secured, to any traffic
or street signs or signals.
[Ord. #1132, § 2]
a.
In addition to any other penalties for violation of this section,
the Borough Engineer may, after notice and hearing, and for just cause,
suspend, revoke or not renew any permit issued hereunder for (1) any
violation of the provisions of this section; (2) failure to comply
with any Federal or State laws and/or regulations or any Borough ordinance
pertaining to the operation of public telephones; (3) any cause which
would have been cause for rejection of the application in the first
instance; (4) a material and knowing misstatement or omission of information
required on the application pursuant to this section. The question
of whether a misstatement or omission is material and knowing shall
be a question of fact for the fact finder; (5) a finding upon receipt
of a complaint by any citizen or upon request of the Chief of Police
of the Borough of Keansburg or his designee, that the location and/or
use of a public telephone constitutes a threat to the health, safety
and welfare of the citizens of this Borough.
b.
Any hearing authorized under this section shall be conducted before
the Borough Engineer or a designee, and shall require written notice
to the permittee, which notice shall be given not less than 10 days
prior to the date scheduled for said hearing. If the Borough Engineer
finds the permittee in violation of any provisions of this section,
the Borough Engineer may also require that service from said public
telephone be restricted to outgoing calls only.
[Ord. #1132, § 2]
a.
The owners of existing public telephones shall apply for the permit
acquired hereunder within 30 days from the date this ordinance becomes
final. The Borough of Keansburg reserves the right to reject any and
all locations submitted for approval based upon their existing nonconformance
to this section.
b.
If a permit is not obtained within the time specified herein, or
if the Borough Engineer rejects any application for a permit, the
owner shall forthwith remove said public telephone and all ancillary
equipment. If the owner fails or refuses to remove said public telephone
within 10 days from notification by the Borough Engineer, the Borough
Engineer or a designee may cause the public telephone to be removed.
Public telephone equipment removed by the Borough shall be released
to the lawful owner thereof upon payment of a fee of $250 to the Borough
of Keansburg.
c.
If no person makes a claim for return of a public telephone and/or
ancillary equipment removed by the Borough under this section within
six months from the date of removal, it may be disposed of pursuant
to N.J.S.A. 40QA:14-157.
[Ord. #1132, § 2]
Any violation of this section shall subject the violator to
a fine of not less than $100 and no more than $1,000 and/or imprisonment
of up to 90 days. Each noncomplying public telephone violation will
constitute a separate violation. Each day of said violation shall
constitute a separate violation.
[Ord. #1157, § 1]
As used in this section.
The definitions as used in this section are as follows:
Shall mean the Mayor and Council of the Borough of Keansburg.
Shall mean any person, including for the purposes of this
section, any corporation or association of persons or any agency or
instrumentality of state or local government, which operates or proposes
to operate a rooming or boarding house.
Shall mean the holder of title in fee simple to premises
and any lessor or sublessor of whom an operator is or proposes to
become a sublessor in connection with an application for a license,
or renewal thereof, pursuant to this section.
Shall mean the most recent population count reported by the
Department of Labor.
Shall mean a rooming or boarding house licensed pursuant
to N.J.S.A. 55:13B-1 et seq. A rooming house is further defined as
a boarding house wherein no personal nor financial services are provided
to the residents [N.J.S.A. 55:13B-3(h)]. It shall also include those
premises applying for a license under the title "sober living."
[Amended 9-16-2020 by Ord. No. 1662]
[Ord. #1157, § 2]
The purpose of this section is to protect the public health
and welfare by licensing rooming and boarding houses pursuant to Title
40 of the Revised Statutes of the State of New Jersey.
[Ord. #1157, § 3]
a.
Except as provided in paragraph b of this section, no rooming or
boarding house shall hereafter be located or operated in the Borough
of Keansburg except upon premises licensed for that purpose by the
Licensing Authority.
b.
Any rooming or boarding house that is in lawful operation on the
date of enactment of this section shall be entitled to continue in
operation for one year from the date of enactment and, if the owner
of the premises applies for licensure not later than the 60th day
next preceding the expiration of that year, until a final determination
is made upon that application.
[Ord. #1157, § 4]
Application for a license under this section shall be made to
the Mayor and Council. The application shall be by a form which can
be obtained from the Borough Clerk of the Borough of Keansburg.
a.
The application must be accompanied by an application fee of $200
as prescribed by resolution.
The application shall be filed with the Municipal Clerk, who
will be required to place the application upon the agenda of the next
available meeting of the Mayor and Council.
b.
The form of application shall require the submission of information
and supporting documentation, which will provide a basis upon which
the Mayor and Council may conduct the investigation and reach the
conclusions required under this section for the issuance or denial
of a license.
c.
It shall be the responsibility of the applicant/owner to obtain information
required by this application and to exercise due care and diligence
to insure its completeness and accuracy.
d.
All information required from the operator must be duly sworn to
by the operator in order to form a valid part of the application.
e.
If the application filed pursuant to this section is denied, 90%
of the application fee shall be refunded to the applicant, and 10%
retained by the Borough of Keansburg in defraying the expenses of
the Licensing Authority in carrying out its functions under this section.
f.
All applications by a natural person, partnership or unincorporated
association of natural persons shall be duly sworn to by each of the
applicants. An application by a corporation shall be duly sworn to
by the president or vice president of the corporation. All statements
in the application shall be deemed material, and any person who knowingly
misstates any material fact therein shall be guilty of a crime of
the fourth degree.
g.
Each application shall designate an operator/manager of the premises.
That person must meet the requirements for licensure by the NJ Department
of Community Affairs and requirements for licensure of a natural person.
There shall be a $25 fee for a background check on the designated
operator/manager. Said fee will apply each time the operator/manager
changes.
[Added 9-16-2020 by Ord.
No. 1662]
[Ord. #1157, § 5]
Every applicant for a license shall, after filing the application,
cause notice of the pendency of the application to be published once
per week for two weeks successively in a newspaper, printed in the
English language, published and circulated in Monmouth County. The
notice shall include the time and place of the Public hearing before
the Mayor and Council, the name of the owner of the premises, the
name of the operator of the boarding house, the name of the boarding
house, the address of the boarding house, and the business name of
the boarding house.
The second publication thereof shall be made not less than one
week nor more than two weeks prior to the date for the public hearing.
[Ord. #1157, § 6; Ord. #1179, § 1]
The Borough Manager of the Borough of Keansburg shall, upon
receipt of application, cause the following inspections to take place:
a.
With respect to the premises for which a license is sought: (1) that
they are in compliance with all applicable building, housing, health
and safety codes and regulations; (2) that the location of the premises
will not, in conjunction with the proximity of other rooming and boarding
houses, lead to an excessive concentration of such facilities in the
municipality or a particular section thereof;
b.
With respect to the owner or owners of the premises: (1) if a natural
person or persons, that he or they are 21 years of age or older, citizens
of the United States and residents of the State of New Jersey, and
never convicted, in this State or elsewhere, of a crime involving
moral turpitude, or of any crime under any law of this State licensing
or regulating rooming or boarding houses, and have never had a license
required pursuant to P.L. 1979, c. 496(C. 55:13B-1 et seq.) revoked;
(2) if a corporation, that all officers and members of the Board of
Directors, and every stockholder holding 10% or more of the stock
of the corporation, directly or indirectly having a beneficial interest
therein, have the same qualifications as set forth in this subsection
for an applicant who is a natural person;
c.
With respect to the operator or proposed operator, that he meets
the requirements for licensure by the Department of Community Affairs;
and
d.
That the owner and operator, either individually or jointly, shall
have established sufficient guarantee of financial and other responsibility
to assure appropriate relocation of the residents of the rooming and
boarding house to suitable facilities in the event that the licensure
is subsequently revoked or its renewal denied. The Department of Community
Affairs shall determine in the case of each type of rooming and boarding
house under this jurisdiction, what constitutes suitable facilities
for this purpose. Said guarantee of financial responsibility shall
be in the form of a surety bond in favor of the Borough of Keansburg.
The amount for said bond shall be determined by the Borough Manager
at the time of the hearing on the application, by multiplying the
number of the maximum allowable licensed beds at the rooming and boarding
house in question by the maximum relocation costs allowed by the Department
of Community Affairs (including both the maximum moving expenses and
rental assistance allowed by the Department) and then by adding an
additional 10% of said total for administrative costs and expenses
in the event of relocation. Said bond shall be in form and substance
acceptable to the Borough Attorney and for a period of one year.
e.
An inspection performed by a municipal enforcement agent under a
contractual agreement with the Department of Community Affairs pursuant
to N.J.S.A. 55:13B-1 et seq. and may be deemed the Licensing Authority
to satisfy the investigation requirements of this section; such inspection
shall be performed by and be under the jurisdiction of the Licensing
Authority.
[Added 9-16-2020 by Ord.
No. 1662]
[Ord. #1157, § 7]
The Mayor and Council shall hold a public hearing, at which
the applicant, the operator or proposed operator and all other parties
in interest including members of the general public, shall be entitled
to be heard upon the merits of the application and the suitability
of the premises proposed for licensing. The time and place of the
public hearing shall be determined within 30 days of receipt of the
application, and shall be communicated to the applicant in sufficient
time to enable compliance with the publication requirement of this
section.
[Ord. #1157, § 8]
a.
No license shall be issued which would result in increasing the total
number of persons authorized to be residents in rooming and boarding
houses within the Borough of Keansburg to more than 1% to the total
population of the Borough; but nothing in this subsection shall warrant
refusal of a license or license renewal for premises where a rooming
or boarding house has been in lawful operation prior to the enactment
of this section.
[Amended 9-16-2020 by Ord. No. 1662]
b.
No license shall be issued for premises when any part of the boundary
line of the premises is within 1,000 feet of the boundary line of
any other premises for which a license is in force; but nothing in
this subsection shall warrant refusal of a license or license renewal
for premises where a rooming or boarding house has been in lawful
operation prior to the enactment of this section.
c.
No license shall be issued until all real estate taxes, sewer, water
and all other municipal liens and charges are current up to and including
the quarter within which the application shall take place. The applicant
will be disqualified for applying for a license until all aforementioned
charges are brought current.
[Added 9-16-2020 by Ord.
No. 1662]
d.
Owner or owners of the premises shall never have had a license required
pursuant to N.J.S.A. 55:13B-1 et seq. revoked.
[Added 9-16-2020 by Ord.
No. 1662]
[Ord. #1157, § 9]
a.
After the public hearing, the Licensing Authority shall determine
in accordance with the requirements of this section, whether to grant
the license. A license when issued shall be valid for one year from
the date of issuance and until such time as the Licensing Authority
has acted upon an application for renewal, unless sooner terminated
by revocation pursuant to the terms of this section.
b.
Not later than the sixtieth day preceding the anniversary date of
issuance, the holder of a license shall make application to the Licensing
Authority for its renewal. Application for a renewal shall follow
the same procedure and requirements as prescribed for a new application
and shall necessitate de novo consideration and determination by the
Licensing Authority in the same manner as a new application.
[Ord. #1157, § 10]
The Licensing Authority may revoke a license granted under this
section for any of the following reasons:
a.
A finding that there was any misstatement of material fact in the
application upon which the license was issued.
b.
The occurrence of any fact which, had it occurred and been known
to the Licensing Authority before the issuance of the license, would
have resulted in the denial of the application.
c.
Repeated violations, or prolonged failure to correct any violation,
of any applicable building, housing, health or safety code or regulations
for at least 60 days.
[Amended 9-16-2020 by Ord. No. 1662]
d.
Refusal to allow access to any portion of the licensed premises at
all reasonable time, with or without advance notice in order that
officers or agents of the Licensing Authority, or any official charged
with enforcement within the municipality of any building, housing,
health or safety code or regulations applicable to the premises may
determine compliance with such codes or regulations.
e.
Revocation by the Department of Community Affairs of the operator's
license or other authorization to operate a rooming or boarding house
on the premises.
f.
Notification by the Department of Community Affairs that the premises
are not, or are no longer suitable for operation of a rooming or boarding
house on the premises.
g.
Failure or refusal to comply with any lawful regulation or Order
of the Licensing Authority.
h.
A determination by the Licensing Authority that the issuance or renewal
of a license to such a person would be contrary to the best interests
of the residents of any rooming or boarding house or the public generally
based upon the regulations and conditions set forth in this chapter.
[Added 9-16-2020 by Ord.
No. 1662]
[Ord. #1157, § 11]
A license shall not be revoked until five days' prior notice
of the grounds therefor has been served upon the licensee, either
personally or by certified mail addressed to the licensee at the licensed
premises, and a reasonable opportunity given to the licensee to be
heard thereon.
[Ord. #1157, § 12; amended 9-16-2020 by Ord. No. 1662]
Upon determination by the Licensing Authority to refuse the
granting or renewal of a license, or to revoke a license, the licensee
affected shall be entitled to appeal to the Commissioner of Community
Affairs for a review of that determination. Said appeal is to be filed
within 30 days of a final decision of the Licensing Authority. Said
appeal to be filed in writing with the Director of Licensing and inspections;
the Commissioner shall have the authority to reverse the Licensing
Authorities determination if it concludes that the application was
improperly denied, or the revocation improperly imposed. Such review
shall be in conformity with the provisions of the "Administrative
Procedures Act" P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.). The
decision of the Commissioner in such cases shall be subject to appeal
to the Appellate Division of the Superior Court. If an applicant for
a license renewal has made timely and sufficient application for a
renewal in accordance with the provisions of this section, and the
rules of the licensing pursuant thereto, his license shall not expire
until any appeals under this section have been finally determined
and disposed of.
[Ord. #1157, § 13]
The Licensing Authority shall be the Mayor and Council. All decisions of the Licensing Authority shall be by a majority of the quorum present for the public hearing as prescribed by subsection 4-17.7 of this section.
[Added 9-16-2020 by Ord.
No. 1662]
Any person, firm or corporation who violates or neglects to comply with any provision of this chapter or any rule, regulation or directive promulgated pursuant thereto shall be penalized, following a hearing before the Director of Building, by a civil penalty of not less than $50 and not to exceed $5,000. The licensee may appeal to the Department of Community Affairs as set forth in § 4-17.12.
[Added 9-16-2020 by Ord.
No. 1662]
a.
There shall be an annual inspection for each rentable room enumerated
on license to own and/or operate a rooming or boarding house issued
by the Licensing Authority.
b.
The initial annual inspection fee shall be $30 per rentable room,
regardless of the number of changes in tenancy. During the initial
annual inspection, the entire property will be inspected including
all common areas, and the exterior of the property.
c.
Any reinspection will require the fee of $20 per rental room requiring
reinspection, $50 for the reinspection of any common area and a $50
reinspection fee for the exterior of the property.
[Ord. #1238, § 1]
Shall mean one who engages in body piercing.
Shall refer to the piercing of any portion of the human body
for placement of any type of jewelry or any other ornamentation, other
than ear lobe piercing.
Shall mean written approval from the Health Officer or his/her
authorized representative that said tattooing or body piercing establishment
has been inspected and meets all of the terms of this section.
Shall mean the premises wherein tattooing or body piercing
is performed.
Shall mean the Health Officer of the Borough of Keansburg
or his/her authorized representative.
Shall mean any individual, firm, company, corporation or
association that owns or operates an establishment where tattooing
or body piercing is performed, and any individual who performs or
practices the art of tattooing on the person of another.
Shall mean any individual, corporation, partnership, sole
proprietorship or other form of business entity which is created pursuant
to Title 14 of the New Jersey Statutes. The term shall also include
the term "operator" as defined above.
Shall mean effective bactericidal treatment of clean surfaces
of equipment and utensils by a process which has been approved by
the Department of Health authority as being effective in destroying
microorganisms, including pathogens.
Shall mean products or items that are disposed of after use
on each client including, but not limited to, cotton swabs or balls,
tissues or paper products, paper or plastic cups, gauze and sanitary
covering, razors, needles, scalpel blades, stencils and ink cups.
Shall mean destruction of all forms of microbiotic life,
including spores.
Shall mean one who engages in tattooing.
Shall refer to any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink or any other
substance resulting in the coloration of the skin, by the aid of needles
or any other instruments designed to puncture the skin.
[Ord. #1238, § 2]
a.
It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Keansburg Board of Health
to engage in such business in accordance with the provisions hereof.
b.
An application for an initial license shall be made to the Board
of Health accompanied by a fee in the amount of $500.
1.
Application for licenses under this section shall be made to the
Keansburg Health Department, in writing, upon such printed forms as
the Keansburg Board of Health shall prescribe and prepare. Such forms
as the Board of Health shall prescribe and prepare may be obtained
in the Keansburg Board of Health office and shall be signed by the
applicant and shall contain the following information:
(a)
If an individual, the full name, age, sex and residence address
at the time of application.
(b)
The location of the establishment for which license is sought
and the date upon which the Construction Official has approved that
location for same.
(c)
If a corporation, the full corporate name, the date and the
state of incorporation, address of the place or places of business,
the name and address of the registered agent and the name, address
and age of any principal owning more than 10% of the stock.
(d)
If a partnership, the information required by paragraph a, 1(a)
above for each partner and the name under which the business is being
conducted.
(e)
The educational and/or business experience of the applicant
in the business or occupation for which the license is sought.
(f)
The length of time that the applicant has been engaged in such
business or occupation.
(g)
Whether the applicant carries public liability insurance, and
if so, the amount of said coverage and the company providing such
liability insurance.
(h)
Whether the applicant has ever been convicted of any criminal
violation, the date, nature and disposition of such criminal charges,
summons, complaint or indictment.
(i)
Name, address and age of every person to be initially employed
to conduct the service. This shall be a continuing obligation for
licenses to update the list of employees.
2.
An after care plan for each body site tattooed or pierced shall be
developed by the operator and submitted to the Health Department at
the time of the license application.
3.
Investigation and Issuance. Upon receipt of an application, the Board
of Health will cause to be conducted an inquiry by the Police Department,
Construction Official, and any other department or agency of the Borough
of Keansburg or State of New Jersey to verify the information contained
in the application. Such inquiry shall be designed to include the
reputation, business responsibility, reliability, criminal background
and motor vehicle license abstracts of the applicant and all persons
having management or supervision. It shall further include an inquiry
or investigation of the proposed location and items proposed to be
sold or used in the business or enterprise of tattooing or body piercing.
4.
The Board of Health may deny an application where the investigation
or inquiry demonstrates that:
(a)
The information set forth in the application is incomplete or
fraudulent;
(b)
The applicant or any person conducting the business has been
convicted of a crime or disorderly person offense which has not been
expunged pursuant to N.J.S.A. 2C:52-1 et seq. or pardoned and which
offense relates adversely to the business for which the license is
sought. In this regard the Board of Health shall be guided by N.J.S.A.
2A:168A-2;
(c)
The applicant has within 12 months of the application been convicted
of the habitual use of drugs or intoxicating liquors;
(d)
The business property and location do not comply with requirements
for business use, as same are set forth by the Construction Official,
and/or other departments or agencies of the Borough of Keansburg.
5.
(a)
No license or renewal thereof granted under the provisions of
this section shall be assignable or transferable. Any change of ownership
shall require a new application and license with payment of fees.
(b)
The renewal license fee for engaging in the business of operating
an establishment subject to this section within the Borough of Keansburg
shall be $250 per year. All licenses shall expire on the last day
of the calendar year. All applications for renewal must be presented
to the Board of Health in writing on forms prescribed by the Board,
prior to December 1 of each year.
(c)
All establishments existing at the time of the enactment of this section will be considered renewal applications provided that they apply for renewal of said license within one month after the effective date of this section. That application shall include submission of information pursuant with subsection 4-18.2b,1 and 2. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provision of subsection 4-18.2b of this section.
(d)
All applicants shall comply with the provisions of this section,
as well as all other applicable codes, regulations or laws. In addition,
for all new construction or renovations of the tattoo or body piercing
establishments, plans and plan review fees shall be submitted to the
Keansburg Board of Health.
(e)
In the event that an applicant fails to qualify for a license
under this section, the fee herein shall not be refunded.
(f)
The license issued pursuant to this section shall be posted
conspicuously in the place of business or location named therein.
(g)
All establishments shall manage contaminated (body fluids) contact
waste materials as medical waste pursuant to N.J.A.C. 7:26-3A.8. All
establishments shall be licensed with the State of New Jersey as a
medical waste generator, pursuant to N.J.A.C. 7:26-3A.8 prior to approval
from the Board of Health.
(h)
The number of licenses issued by the Borough of Keansburg pursuant
with this section shall be three. No person shall hold more than one
license nor have any interest directly or indirectly in any other
tattoo or body piercing establishment.
[Ord. #1238, § 3]
a.
Age. It shall be a violation of this section for anyone or any tattoo
or body piercing business to tattoo or body pierce any individual
under 18 years of age without authorization signed by the parent or
legal guardian witnessed and attested to before a Notary Public. The
operator shall be responsible for maintaining the original consent
form and copies of all consent information for a period of two years
beyond the recipient's 21st birthday. The operator shall obtain a
copy of a photo ID of such individual being tattooed and/or pierced.
b.
Each person wishing to receive a tattoo or body piercing must first
apply to operator on a form approved by the Keansburg Health Department.
If the applicant is suspected to be under the influence of alcohol,
drugs or any other behavior modifying substance, the operator must
refuse the applicant.
c.
All records regarding tattoos or body piercing are to be maintained for a minimum of two years. Information required for each applicant referred to in subsection 4-18.3b is to include the name, age, date of birth, address and telephone number of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location ink lot number(s), if available and the date of the tattoo or type of body piercing done. All such records shall be open to the Health Officer upon demand.
[Ord. #1238, § 4]
a.
Each tattoo or body piercing facility shall have a bathroom accessible
to the public and staff. Each bathroom shall be equipped with a commode
and a sink, with the sink being connected to hot and cold running
water. All fixtures shall be connected to an approved public or individual
sewage disposal system. Soap and sanitary towels, or other approved
hand drying devices, shall be available at the sink at all times.
Common towels are prohibited. In addition to the above, each tattooing
or body piercing cubicle or work station must be provided with a sink
as described above. This area shall also be supplied with soap and
appropriate hand drying facilities. Employee handwashing signs shall
be posted in each direction.
b.
The chair or seat reserved for the person receiving the tattoo or
body piercing shall be a material that is smooth and easily cleanable
and constructed of material that is nonabsorbent. Any surface on the
chair that becomes exposed to blood or body fluids must be cleaned
and sanitized prior to use by the next customer.
c.
The work table or counter used by the tattoo artist or body piercer
shall be smooth and easily cleanable and constructed of material that
is nonabsorbent.
d.
The walls in the tattooing and body piercing area shall be light
colored, smooth and easily cleanable and constructed of a nonabsorbent
material.
e.
The floor in the tattooing or body piercing area shall be of durable
material that is nonabsorbent and is smooth and easily cleanable.
Floors shall be kept clean.
f.
Lighting within the tattoo or body piercing area shall be adequate
so as to provide a minimum of 100-foot candles in all areas.
g.
The work area reserved for the application of the tattoo or body
piercing shall be separated from other areas of the establishment
by walls or durable partitions extending at least six feet in height
and so designed to discourage any persons other than the customer,
the tattoo artist or body piercer from being in the work area.
h.
Any surfaces in the establishment that become exposed to blood or
body fluids must be immediately cleaned and sanitized, under a method
approved by the Keansburg Health Department.
i.
Products used in the cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner. Smaller
working containers filled on the site from larger containers must
be clearly marked with the name of the product.
j.
Proper waste receptacles shall be provided and waste shall be disposed
at appropriate intervals.
k.
A utility room shall be provided for the cleaning, packaging and
sterilization of equipment which is physically separated from the
work area and waiting rooms. The design of this utility room shall
be such as to create a flow from soiled to clean processing.
l.
The use of alcoholic beverages and tobacco in any form while engaged
in tattooing and/or body piercing procedures is prohibited. The use
of tobacco shall be restricted to areas physically removed from the
tattoo/body piercing work areas.
m.
The consumption of food or drink shall be prohibited in the tattoo/body
piercing work areas of the parlor.
n.
Only articles considered necessary to the routine operation and maintenance
of the tattoo/body piercing work room operation shall be permitted
in the tattoo parlor.
o.
No birds, reptiles, amphibians, dogs, cats or other animal(s) shall
be permitted in any area used for the conduct of tattooing and/or
body piercing operations or in the immediate open, adjacent areas
including the main waiting area and the public access to the toilet
room, with the exception of animals utilized for the assistance of
the disabled.
p.
Effective measures shall be taken to protect the entrance into the
parlor and the breeding or presence on the premises of insects and
rodents.
[Ord. #1238, § 5]
a.
Tattoo Artist or Body Piercer.
1.
The parlor shall comply with the most current version of Centers
for Disease and Prevention Publication, "Enforcement Procedure for
Occupational Exposure to Hepatitis B Virus (HVB) and Human Immunodeficiency
Virus (HIV), OSHA instruction CPL-2.2.44A, August 1988 or revised
or late editions." (Bloodborne Pathogen regulations).
2.
All tattoo artist and body piercers shall provide proof of a negative
Mantoux test, or medical clearance in the event of a positive Mantoux
test. This documentation shall be maintained by the parlor and available
for review during inspections of the establishment.
3.
Before working on each patron, each tattoo artist or body piercer
shall scrub and wash his/her hands thoroughly with hot water and antiseptic
soap using his/her individual hand brush. Fingernails shall be kept
clean and short.
4.
Disposable vinyl or latex gloves shall be worn by the tattoo artist or body piercer during tattoo preparation and application to prevent contact with blood or body fluids except for clients with a sensitivity to latex, other methods acceptable to the Health Department shall be employed. Universal precautions described by the Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with subsection 4-18.5e of this section after contact with each patron. Hands shall be washed immediately after the removal of gloves. Any skin surface that has contact with blood shall be washed immediately.
5.
Immediately after tattooing or body piercing the patron, the tattooist
or body piercer shall advise the patron on the care of the tattoo
or body piercing in a written form and shall instruct the patron to
consult a physician at the first sign of infection of the tattoo or
body piercing. Printed instructions regarding these points shall be
given to each patron and submitted to the Health Department for review
at the time of the initial license application and in the event that
changes and/or modifications are made to this form.
6.
All infections resulting from the practice of tattooing or body piercing
which become known to the operator shall be promptly reported to the
Health Officer by the person owning or operating the tattoo or body
piercing establishment or by the tattoo artist or body piercer.
b.
Skin Preparation.
1.
Tattooing or body piercing shall be done only on normal, healthy
skin surface that is free of moles or infection.
2.
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to subsection 4-18.5e of this section after each use and new blades shall be used for each patron.
3.
Following shaving, the area shall be thoroughly cleansed and scrubbed
with bacterial soap, and warm water. Before placing the design or
body piercing on the patron's skin, the area shall be treated with
70% alcohol and allowed to air dry.
Piercing of mucous membranes (i.e. oral, nasal, vaginal, etc.)
shall be treated with an industry-appropriate and medically indicated
antiseptic solution prior to the procedure.
4.
Only petroleum jelly (U.S.P. or National Formulary) or antiseptic
ointment shall be applied to the tattoo area prior to tattooing or
body piercing. The ointment shall be applied in a sanitary manner,
disposing of the utensil after spreading. Collapsible tubes of ointment
or jelly may also be used.
c.
Tattooing or Body Piercing.
1.
The use of single service hectographic stencils shall be required
for applying a tattoo outline to the skin. Multi-use stencils shall
be prohibited.
2.
Only nontoxic dyes or pigments may be used. Premixed sterile materials
are preferred. Premixed dyes shall be used without adulteration of
the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Keansburg Health Department
of the non-toxicity of the dyes or inks at the time of the license
application and renewal.
3.
Single service or individual containers of dye or ink shall be used
for each patron and the container disposed of immediately after completing
work on each patron.
4.
The completed tattoo shall be washed with sterile gauze. The area
shall be allowed to air dry and antiseptic ointment shall be applied
and spread with sterile gauze and sterile dressing attached.
5.
Upon completion of piercing of the mucous membranes the area shall
be disinfected with the industry-appropriate and medically indicated
solutions.
d.
Needles and Instruments.
1.
Only single service sterilized needles and needle bars shall be used
for each patron.
2.
If solder is used in manufacturing needles, needle bars or needle
tubes, it must be free of lead.
3.
Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with subsection 4-18.5e of this section.
4.
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with subsection 4-18.5d,5, stored in sterile bags and maintained in a dry, closed area.
5.
Each item to be sterilized shall be individually wrapped using chemical
indicator bags or chemical indicator strips. Sterilization shall be
by steam sterilization. The sterilizer shall be well maintained with
a tight fitting gasket and clean interior. The manufacturer's operating
instructions and sterilization specifications shall be at hand. The
sterilizer shall conform to the manufacturer's specifications with
regard to temperature, pressure and time of sterilization cycle. Proper
functioning of sterilization cycles shall be verified by the use of
biological indicators (i.e. spore tests) at a frequency recommended
by the manufacturer, but shall be performed no less than once per
month. A log book of these test results shall be continually maintained
and available for review during inspections of the establishment,
and a test of the adequacy of the sterilization equipment and procedures
may be required during any such inspections.
6.
If the primary source of sterilization malfunctions, the Keansburg
Health Department shall be notified within 24 hours. In an emergent
situation, the Health Officer may approve alternate sterilization
techniques.
7.
Needles and bars shall not be bent or broken prior to disposal. Tattoo
artists or body piercers shall take precautions to prevent injuries
from contaminated needles or tubes.
e.
Disposal of Waste. All used needles, needle bars or other tools used
in the tattooing process, as well as gloves, gauze and other materials
contaminated with blood or body fluids, shall be disposed of pursuant
to N.J.A.C. 7:26-3A (Regulated Medical Waste Regulations).
[Ord. #1238, § 6]
a.
An amount not less than $250 nor more than $1,000 for each violation
of this section shall be payable to the Borough of Keansburg. Each
day that this violation exists is considered to be a separate offense.
b.
Reasonable counsel fees incurred by the Borough and its agencies
in the enforcement of this section shall be paid by the defendant.
The amount of such reimbursable fees and costs shall be determined
by the Court hearing the matter.
c.
After due notice and hearing, the Borough may suspend or revoke any
license issued under this section for violation of the provisions
of this section.
[Ord. #1383, § 1]
a.
Permit Required. No person shall park, place, install, use or permit
a dumpster, roll-off container, or other such bulk container for the
temporary storage and/or collection of garbage, refuse and/or construction
debris on any public street or right-of-way, public sidewalk or private
parcel of real property within the Borough without first obtaining
a permit therefor in a form prescribed by the Borough Clerk.
b.
Fee. The fee for the above-referenced dumpster/bulk container permit
shall be $15 per location. The permit shall only be valid for 15 days
from the date of its issuance. Thereafter, a new permit shall be required.
c.
Rules and Regulations. The Public Works Superintendent is authorized
to establish Rules and Regulations for the placement, installation,
and/or use of the above-referenced dumpsters/bulk containers within
the Borough.
[Ord. #1516]
As used in this section:
Shall mean any person desiring a license provided for under
this section.
Shall mean the person to whom a license is issued.
[Ord. #1516]
a.
Applications. Any person desiring a license under this Chapter shall
file with the Borough Clerk an application on forms supplied by the
Clerk containing the following information:
1.
Applicant's name, home and business address and local address, if
any.
2.
Place(s) of residence of the applicant for the preceding three years.
3.
The physical description of the applicant, setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and other
distinguishing physical characteristics.
4.
The name, address and principal or registered office in this State,
if any, of the person, for or through whom or under whose auspices
the applicant is authorized to conduct such activity or a statement
if such be the case, that the applicant is engaged in such activity
solely in his own behalf.
5.
A brief description of the purpose(s) for which the license is sought.
6.
The length of time for which the license is desired.
7.
A statement as to whether the applicant has been convicted of any
crime and if the applicant has been so convicted, the nature of the
offense(s) and the penalty or penalties imposed therefor. If the applicant
is not engaged in the proposed activity solely in his own behalf,
there must be attached to the application a letter from the person,
for or through whom or under whose auspices the applicant seeks authorization
to conduct such activity, together with sample copies of the order
or receipt form(s) to be used by him in connection with such activity.
All applicants must be fingerprinted by the Borough Police Department
at the time the application is made.
8.
Three
business references.
9.
In the event the holder of a license previously issued in accordance
with the requirements of this Chapter desires to renew the same at
the expiration of the period for which such previous license had been
issued, or renewal thereof, such renewal applicant shall file a new
application as for a new license in accordance with the requirements
of this Chapter, except that it shall not be necessary for such applicant
to comply with the fingerprinting requirements set forth in paragraph
7 above provided he shall have complied with the same at the time
of the issuance of the original application.
10.
Two photographs of the applicant, which photograph shall clearly
show the head and shoulders of the applicant and shall measure 3 1/2
by four) inches, which may be waived in a renewal application.
11.
Whether or not the applicant has ever had a license to conduct a
business in the Borough of Keansburg 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.
[Ord. #1516]
a.
All initial application review and processing shall cost $100.
b.
All licenses are effective from January 1 to December 31 and shall
be annually renewed between January 1 and February 15 for a fee of
$25.
c.
Failure to renew license will result in a penalty fee of $25 that
will be charged for each license paid after that date, with the exception
of amusement game licenses.
[Ord. #1516]
a.
All licenses shall be issued on forms drawn in accordance with this
Chapter. They shall be consecutively numbered. The license shall contain
spaces in which the Clerk shall insert the name, the class of license
granted, the location of the business and the amount of the fee paid.
b.
There shall be kept in the Office of the Borough Clerk the necessary
books for recording the time the application for license is received;
showing its class; whether new or renewal; name of the licensee; when
the application was approved by the Chief of Police, the amount of
fee received, the date the license is issued and number of the same.
c.
The Borough Clerk shall monthly file a report with the Borough Council
showing the number of licenses granted by classes and the amount of
fees received. Each report shall state the number and class of licenses
suspended or revoked and the reasons for such suspension or revocation.
The Borough Clerk shall compile a summary of all licenses granted
under this Chapter during a single year and report such at the final
meeting of the Borough Council.
[Ord. #1516; Ord. #1530]
Every person holding a license under this Chapter shall be required to carry the license with him or at his business premises while engaged in the business licensed. He must produce the license at the request of any Borough official. To every applicant granted a license, the Borough Clerk shall issue either a license card, button or other identification, bearing the words "Licensed Purveyor Of Precious Metals and Gems, Borough of Keansburg," together with the number of the license and the year for which it is issued. All automobiles, wagons, carts, or other vehicles used by persons licensed hereunder shall have affixed thereon the license. Persons soliciting money for a religious or charitable organization shall at all times during such solicitation carry with them and shall exhibit upon request the identification cards for which provisions are made in Section 4-2.
[Ord. #1516; Ord. #1530]
Any license issued may be suspended by the Borough Council for
any infraction or violation of the terms of the license. The Borough
Council may find that a violation of the terms of the license has
occurred upon proof of falsification in applying for the license;
conviction of any State or Federal crime involving moral turpitude,
dishonesty, fraud, deceit misrepresentation, or interference with
a police investigation. The suspension shall become effective by the
mailing of a notice to the address appearing upon the application
and shall state that opportunity for a hearing will be given at a
time certain, within five days from the date of notice, before the
Borough Council, which, upon finding of such a violation, may revoke
the license. In the event of the failure of the licensee to appear,
the license shall automatically be revoked and cancelled.
[Ord. #1516; Ord. #1530]
Each license issued under this Chapter shall expire December
31 of the year in which issued, unless sooner revoked or suspended
or unless it expires prior thereto in accordance with its terms. Upon
the expiration of any license issued, the holder shall surrender the
license to the Borough Clerk within 24 hours. Upon notice of the cancellation
or revocation or any license issued, the holder shall surrender the
license to the Borough Clerk within 24 hours after notice of such
cancellation.
[Ord. #1516; Ord. #1530]
No license shall be issued to any applicant unless he shall
be over 18 years of age and a citizen of the United States.
[Ord. #1516; Ord. #1530]
a.
Upon receipt of an application completed pursuant to subsection 4-20.2 of this Code, the Borough Clerk shall refer such application to the Chief of Police, who shall institute such investigation of the applicant's criminal background. Upon completion of the criminal investigation, the Chief of Police shall return the application, or a copy thereof to the Borough Clerk, accompanied by his or her recommendations as to whether the license should be issued or denied. If the recommendation of Chief of Police is to deny the license, the grounds for such recommendation shall be stated. Grounds for recommending denial of a license application or revocation of an existing license shall include falsification or misrepresentation in applying for a license, or violations of any State or Federal statutes involving crimes of moral turpitude, dishonesty, fraud, deceit or misrepresentation.
b.
Upon receipt of the recommendation of the Chief of Police, the Borough
Clerk shall issue or deny the license accordingly.
c.
No person denied such a license shall engage in any business of buying
or selling any precious metals or gems.
d.
Any person aggrieved by such denial may appeal to the Borough Council,
which may affirm or reverse such a denial as deemed.
[Ord. #1516; Ord. #1530]
All licenses shall require of each person offering an item for
sale to produce identification and to sign a receipt for said item.
[Ord. #1516; Ord. #1530]
a.
Each licensee shall be issued a digital camera provided by the Borough
of Keansburg Police Department, at no expense to the licensee, batteries
included. The licensee will be required to photograph any item purchased
as well as the actual photo identification presented by the seller
at the time of the transaction. The photograph shall be visually clear
and depict the item and identification as presented by the seller.
The licensees shall ensure that the photo identification presented
by the seller matches the person who presented it. If the seller does
not have photo identification the licensee shall take an actual photograph
of the seller. The Keansburg Borough Police Department will arrange
with the licensee to periodically collect these images from licensee.
b.
Each licensee shall also keep a written document containing the type
of identification presented by the seller, the seller's name, date
of birth, address and either the social security number or driver's
license number of the seller.
c.
Each licensee shall also keep a written document containing a description
of the item purchased, any identifying numbers and a copy of the designed
receipt. These records shall be available for inspection by the Borough
of Keansburg Police Department during regular business hours. The
records shall be maintained by the licensee for a period not less
than five years.
d.
Each licensee shall provide the Keansburg Borough Police Department
with a list containing each transaction to include each item purchased
as well as the seller's information on a daily basis in addition to
the other record requirements.
e.
Each licensee shall hold any item purchased for a period of not less
than 14 calendar days before reselling, melting or disposing of the
item in any way.
f.
Upon reasonable or credible belief that an item acquired for sale may be stolen, the licensee shall immediately contact the Keansburg Police Department and inform them of their suspicion. Sale of any item reasonably believed to be stolen property to any person is prohibited. Sale of such items shall subject the licensee to penalty under the general ordinances of the Borough of Keansburg pursuant to subsection 1-5.1 and constitute poor moral character and questionable business responsibility as set forth at subsection 4-20.9a, subjecting the licensee to possible revocation of their license.
