[1972 Code §§ 2-19.1 – 2-19.4; Ord.
No. O-09-28 § 2; Ord. No. O-12-02 § 1; Ord. No.
O-18-70]
a. Fees Established. The following fees are hereby established for certain
services extended and material distributed by the Bayonne Police Division:
1. Searching fee for motor vehicle accident report, $5; charge for photostats
— first 10 pages, $0.50 per page; next 10 pages, $0.25 per page;
any page thereafter, $0.10 each.
2. Fees for copies as provided by New Jersey Statutes.
3. Searching fee for all other reports and verification of same, $5.
4. Good conduct letter, plus fingerprint check, $10; good conduct letter
(name check only), $5, except that no fee shall be charged where application
is made by bona fide religious or charitable organizations.
5. Viewing only of accident scene photographs, $5.
6. Fingerprints for every licensee, agent, or servant, where fingerprints
are required, $10.
7. Fees for permits to purchase firearms shall be governed by N.J.S.A.
2C:58-3.
8. Black and white photograph print (8 x 10), $7.50; color photograph
print (8 x 10), $15.
b. Hours. Reviewing of reports, photostats of reports and viewing of
accident photographs shall be conducted at the bureau of criminal
identification at Police Headquarters, Mondays through Fridays, from
9:00 a.m. to 3:00 p.m.
c. Exceptions. No searching fee shall be charged if a report is not
on file or if formally requested by any local, County, State or Federal
Law Enforcement Agency or by Postal Authorities. The same exception
shall be made for requests to view photographs of accidents.
d. Receipts. Receipts shall be issued for all moneys received for services
extended and material distributed by the Police Division, as set forth
in this subsection.
[Ord. No. O-08-02 § 1; Ord. No. O-12-02 § 1; Ord. No. O-16-54; Ord.
No. O-18-70]
a. Marriage certificates and civil union certificates may be obtained
from the City Clerk's Office. The fee for such certificates is $15
for each certificate.
b. For marriage, civil union or domestic partnership ceremonies performed
by the Mayor or a Municipal Court Judge, the fee shall be $50 for
a ceremony involving a bona fide, current resident of the City of
Bayonne and $100 for a ceremony involving only nonresidents.
[Ord. No. O-11-15; Ord. No. O-18-70]
The City Council recognizes that the costs of emergency services
have become a significant financial burden on the taxpayers of the
City of Bayonne. These costs have been exacerbated by commercial activities
which, through negligence or accident, have caused and continue to
cause incidents which require an extraordinary emergency response.
Overturned tractor trailers, commercial building collapses, failures
to secure dangerous premises and other incidents cost the taxpayer
thousands of dollars in wages, overtime, emergency supplies and other
costs. Often these incidents are easily preventable.
The purpose of this section is to provide a mechanism to recover
these costs from commercial entities, who contribute to the cause
of such incidents, and who are better able to prevent such incidents
in the first place. This section encourages commercial entities in
Bayonne to employ safe business practices, and minimize the risks
of accident and danger to residents of Bayonne and to Bayonne's emergency
responders.
This section provides for the reimbursement of expenses incurred
by the City of Bayonne during any incident involving a commercial
building, property, structure or vehicle, or involving commercial
activity, which is determined by any department, division, agency
or authority of the City of Bayonne as requiring an emergency response.
[Ord. No. O-11-15; Ord. No. O-18-70]
As used in this section:
ACTOR
Shall mean an individual, individuals, partnership or corporation.
COMMERCIAL ENTITY
Shall mean any business entity, which is registered with
the State of New Jersey, or in any other state, which conducts any
activity related to its business purpose in any way, or which conducts
any activity related to the derivation of income. It shall also include
any person or entity which is not registered, but is conducting any
business activity related to the derivation of income.
COMMERCIAL PROPERTY
Shall be construed liberally, and includes any building,
real property or structure that is used in any commercial sense, including
but not limited to residential rental, industrial and commercial rental
or use, and any other uses which are intended to derive income for
the owner or owners of said building, property or structure.
COMMERCIAL VEHICLE
Shall mean any vehicle used for some commercial, industrial,
or business use, including but not limited to commercial tractor-trailers,
delivery trucks, delivery vans, commercial watercraft, or any other
vehicles used for business, commercial or industrial purposes.
EMERGENCY SERVICES
Shall mean the City of Bayonne Police, Fire, Building, Health,
or any department, division, agency or authority whose service was
provided by the City during an emergency response.
EXTRAORDINARY EMERGENCY RESPONSE
Shall mean any response to an incident deemed necessary by
any department, division, agency or authority of the City of Bayonne,
including but not limited to the Police, Fire, Building, or Health
Departments, to protect the health and welfare of the citizens of
the City of Bayonne, said response including but not limited to: hazardous
materials incidents, clean up of an accident scene, instituting a
fire watch, securing a dangerous condition until it is made safe,
providing security at the site of a dangerous condition, rescue activity,
the provision of medical assistance, or any other response.
INCIDENT
Shall mean any accident, event, or happening which occurs
involving a vehicle, property, building, structure, or any other place,
requiring an extraordinary emergency response. Examples of such incidents
as this section is intended to cover include, but are not limited
to, building collapses, post fire services, vehicular accidents, hazardous
materials leaks/spills, incidents causing an environmental threat,
industrial accidents, and any other events which potentially threaten
public health and welfare should they remain unaddressed.
[Ord. No. O-11-15; Ord. No. O-18-70]
The owner or owners of the commercial entity whose property,
building, vehicle, or commercial activity is involved in an incident
covered by this section shall be liable, jointly and severally, for
the costs to the City of Bayonne for its extraordinary emergency response
to the incident. If a commercial entity does not exist but the building,
property, structure or vehicle was being used for commercial purposes
as herein described, then the owner of said building, property, structure
or vehicle shall be liable, jointly and severally, for the costs to
the City of Bayonne for its extraordinary emergency response to the
incident. If a commercial entity does not exist but an actor directly
involved in the incident was at the time of the incident engaging
in commercial activity than said actor shall be liable, jointly and
severally, for the costs to the City of Bayonne for its extraordinary
emergency response to the incident.
The costs of the extraordinary emergency response shall include;
a. The reasonable wages, regular and overtime, of the agents, servants
and employees of the City of Bayonne incurred during the extraordinary
emergency response; and
b. The costs of medical and hospital treatment for injuries incurred
by the agents, servants and employees of the City of Bayonne during
said response; and
c. The expenses of any lawsuit, including but not limited to damages,
costs and attorney's fees, brought against the City or any of its
employees or agents, for conduct that occurred due to an extraordinary
emergency response; and
d. The expenses of any lawsuit, including but not limited to damages,
costs and attorney's fees, brought against any actor, by the City,
on behalf of itself or its employees or agents, for conduct that occurred
due to an extraordinary emergency response; and
e. Any additional costs incurred by the City of Bayonne during the extraordinary
emergency response, including but not limited to the cost of materials
used or expended in the response, the cost of vehicles and tools used
or damaged during the response, the cost of contaminated or damaged
equipment, and all other reasonable costs incurred during the response.
[Ord. No. O-11-15; Ord. No. O-18-70]
a. Record of Costs. Any City of Bayonne division or department responding
to an emergency covered by this section shall keep a detailed record
of the costs attributable thereto.
b. Collection by City Corporation Counsel. The Law Division of the City
of Bayonne is hereby authorized to collect the costs permitted pursuant
to this section against the owner, commercial entity or actor engaged
in commercial activity who is liable. The City Corporation Counsel
or his designee shall submit a written invoice including the total
costs incurred by each emergency services organization to the appropriate
actor or actors with a written demand that those costs be paid.
Before bringing a civil action for recovery of those costs,
the City Corporation Counsel or his designee shall mail written notice
to the appropriate actor or actors informing them that, unless the
total costs are paid within 30 days after the date of the notice,
the City Corporation Counsel or his designee may bring a civil action
for that amount, plus any cost of suit, including but not limited
to attorney's fees.
c. Compromise of Claim. The City Corporation Counsel may compromise
and settle any claim for costs permitted pursuant to this section
in such amount in the discretion of the City Corporation Counsel as
may appear appropriate and equitable under all of the circumstances.
d. Crediting of Sums Recovered. Any recovery of costs shall be credited
to the City of Bayonne General Fund for the purpose of replenishing
the funds expended during the emergency response.
[Ord. No. O-11-15; Ord. No. O-18-70]
The actor liable pursuant to subsection
2-53.3 who fails to reimburse the City within 30 days after the date of the notice pursuant to subsection
2-53.4b shall be subject to a fine of not less than $50 or more than $500 per day, for each and every day after the 30th day from the date of the notice until such time as reimbursement is made.
[Ord. No. O-11-15; Ord. No. O-18-70]
The City of Bayonne Municipal Court shall have jurisdiction to hear any violation of this section. The court may order restitution pursuant to any amount authorized by the Corporation Counsel pursuant to subsection
2-53.4b and/or impose a fine authorized by subsection
2-53.5.
[Ord. No. O-11-15; Ord. No. O-18-70]
Each provision of this section stands independent from all other
provisions. Should any provision of this section be held unconstitutional
or be superseded by any law, statute, ordinance or precedent, or for
any other reason be held invalid, all other provisions shall remain
in full force and effect.
Furthermore the provisions of this code supplement those of Section
19-9e6 of the Revised General Ordinances. In case of a contradiction between the two sections, the provisions of this Section
2-53 shall control.
[Ord. No. O-11-22; Ord. No. O-18-70]
a. Pursuant to N.J.S.A. 40A:4-3.1; the City of Bayonne shall commence
operating on a Calendar Fiscal Year beginning with Calendar Year 2012.
b. This section shall take effect upon approval of the Local Finance
Board application as required by law.