[1972 Code § 7-1.1]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the City, except alcoholic beverage licenses, dog licenses,
and taxicab and limousine licenses.
[1972 Code § 7-1.2]
An application for a license shall be accompanied by the required
fee and shall be made to the City Clerk on forms provided by him,
and shall contain the following information:
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted.[1]
[1]
Editor's Note: The general power to license and to prescribe license fees is contained in N.J.S.A. 40:52-1,2. Licensing is also a part of the general police power granted by N.J.S.A. 40:48-2, and N.J.S.A. 40:69A-29, 30. Licensing of food, beverages and related food products and services is governed by the regulations in Chapter 21, Health Regulations.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
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The applicant shall be fingerprinted if the Chief of Police
determines that fingerprints are necessary for proper identification.
Fingerprinting records shall be immediately processed for classification
and identification.
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Applications by partnerships shall be signed by all partners
with the information required by this subsection supplied in detail
as to each partner, and applications of corporations shall have attached
individual statements containing all the information required by this
subsection relating to each employee or agent who shall engage in
the licensed activity, and shall be signed by each employee or Agent.
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[1972 Code § 7-1.3; Ord. No. O-09-28 § 2]
Each application shall be referred to the Director of Public
Safety who shall immediately institute whatever investigation of the
applicant's business responsibility, moral character and ability to
properly conduct the licensed activity he considers necessary for
the protection of the public. He shall communicate his decision as
to the granting or denial of the license in writing to the City Clerk
within a reasonable time after the application has been filed. If
the Director decides that the applicant's character, ability or business
responsibility is unsatisfactory, or the products, services or activity
are not free from fraud, he shall disapprove the application and the
Clerk shall refuse to issue the license and shall so notify the applicant.
Otherwise, the Clerk shall issue the license immediately, provided
the required license fees have been paid, except in cases where approval
of the Municipal Council is required. In the event of the refusal
of the issuance of a license, the applicant may appeal to the Municipal
Council for a hearing. The written appeal shall be filed with the
Clerk within 10 days after notification of the refusal. The Municipal
Council shall hold its hearing within 14 days thereafter, and its
decision shall be final.
[1972 Code § 7-1.4]
Licenses shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Municipal Council may
require by resolution.
[1972 Code § 7-1.5]
The City Clerk shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal.
[1972 Code § 7-1.6]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. Otherwise the licensee shall have the
license in his possession at all times while pursuing the licensed
activity and shall display it upon the request of a Police Officer
or any person with whom he is doing business.
[1972 Code § 7-1.7]
A license shall apply only to the person to whom it was issued
and shall not be transferable to another person. Licenses may be transferred
from place to place, upon notification to the City Clerk and payment
for a fee of $5.
[1972 Code § 7-1.8]
Except where expressly provided otherwise, all licenses shall
expire on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
[1972 Code § 7-1.9]
Any license issued by the City may be revoked by the Municipal
Council after notice and a hearing for any of the following causes:
a.
Fraud or misrepresentation in an application for a license.
b.
Fraud, misrepresentation or dishonesty in the conduct of the licensed
activity.
c.
A violation of any provision of this revision.
d.
Conviction of the licensee for a high misdemeanor or misdemeanor.
e.
Conduct of the licensed activity whether by the licensee himself
or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or menace to the public health,
safety or general welfare.
[1972 Code § 7-1.10]
Written notice of a hearing for the revocation of a license
shall be given by the City Clerk. The notice shall specifically set
forth the grounds upon which the proposed revocation is based and
the time and place of the hearing. It shall be served by mailing a
copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
[1972 Code § 7-1.11]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent stenographic record made of the proceedings at his own expense.
The Municipal Council shall revoke or suspend the license if it is
satisfied by the evidence that the licensee is guilty of the acts
charged.
[1972 Code § 7-1.12]
The Municipal Council may issue another license to a person
whose license has been revoked if after hearing upon application it
is satisfied by clear and convincing evidence that the acts which
led to the revocation will not occur again; otherwise, no person whose
license has been revoked, nor any person acting for him, directly
or indirectly, shall be issued another license to carry on the same
activity.
[1972 Code § 7-1.13]
The Municipal Council may, by resolution, make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of administering the provisions of this chapter or making
them more effective. No regulation shall be inconsistent with or alter
or amend any provision of this chapter and no regulation shall impose
any requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
chapter.
[1972 Code § 7-1.14]
No vendor, peddler or other commercial enterprise selling merchandise
or wares, or soliciting business or operating an amusement park in
the City of Bayonne, shall at any time use loud and offensive mechanically
produced noises or bright and offensive lights to solicit business
or attract attention.
[1972 Code § 7-2.1]
As used in this section:
Shall mean and include any person, whether or not a resident
of the City, traveling by foot, wagon, automotive vehicle or any other
type of conveyance, from place to place, from house to house, or from
street to street, carrying, conveying or transporting goods, wares
and merchandise, offering and exposing the same for sale or making
sales and delivering articles to purchasers. The word "peddler" shall
include the words "hawker," "huckster" and "vendor."
[1972 Code § 7-2.2]
It shall be unlawful for a person to engage in the business
of peddler within the corporate limits of the City without first obtaining
a license.
[1972 Code § 7-2.3; Ord. No. O-00-54 § 1; Ord. No. O-12-02 § 3]
The license fee for a peddler shall be $250 per year.
[1972 Code § 7-2.4]
It shall be the duty of any Police Officer of the City to require
a person seen peddling who is not known by such Officer to be duly
licensed, to produce his peddler's license and to enforce the provisions
of this section against any person found to be violating the same.
[1972 Code § 7-2.5]
This section shall not be construed to include:
a.
The delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of the type commonly
delivered on a house-to-house basis.
b.
Federal census takers and polls or surveys taken pursuant to Federal,
State or local laws.
c.
Any veteran or volunteer Firefighter who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application
for a license, but shall be required to comply with all other applicable
provisions.
[1972 Code § 7-2.7]
a.
A peddler, hawker or vendor, as described in subsection 4-2.1, shall not park or stop in a commercial zone a vehicle, wagon, sales equipment or any other mode of conveyance, except when the equipment is legally parked for purposes other than for the sale of goods, wares, merchandise, etc. and such peddler, hawker or vendor shall not make any sale in a commercial zone. Provided, however, that the following exceptions shall apply:
1.
Peddlers, hawkers and vendors selling food or beverages intended
for immediate consumption may make such sales in a commercial zone
provided their equipment is parked or stopped only when engaged in
a sale.
2.
Peddlers, hawkers and vendors selling novelty items may make such
sales in a commercial zone during parades, but only in zones in which
a parade is in progress and only during the parade, and provided their
equipment is parked or stopped only when engaged in a sale. In all
other zones, sales are permitted providing not made within 400 feet
of another permanently established business selling similar items.
b.
Peddlers, hawkers and vendors, as described in subsection 4-2.1, are prohibited from making or attempting to make a sale, or the taking of orders for any goods, wares, merchandise etc., in the municipal building, the centralized garage, the library, all firehouses, and any other City-owned buildings, or within 25 feet from all sides or property lines of said buildings.
[1972 Code § 7-3.1]
As used in this section:
Shall mean a person, whether or not a resident of the City,
traveling by foot, wagon, automobile, motor truck, or any other type
of conveyance, from place to place, from house to house or from street
to street, taking or attempting to take orders for the sale of goods,
wares and merchandise, or personal property of any nature for future
delivery, or for services to be furnished or performed in the future,
whether or not the individual has, carries or exposes for sale a sample
of the subject of the sale, and with or without accepting an advance
payment. Solicitor or canvasser shall also include any person who
may be taking a poll or survey from house to house or on the streets,
or distributing advertisement or handbills.
[1972 Code § 7-3.2]
It shall be unlawful for a solicitor or canvasser to engage
in business within the City without first obtaining a license, and
a solicitor shall automatically show his license without being asked.
[1972 Code § 7-3.3; New]
The fees established in this section shall not apply to a person
who is a charitable solicitor or is distributing noncommercial literature
or handbills on behalf of a charity, governmental agency or candidate
for public office. All such persons shall be required to register
with the Chief of Police prior to engaging in such activity.
[1972 Code § 7-3.4]
In addition to the information required by subsection 4-1.2, an application for a solicitor's license shall indicate the place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application if filed, and the proposed method of delivery.
[1972 Code § 7-3.5; Ord. No. O-12-02 § 3]
The fee for a solicitor's or canvasser's license shall be $50.
[1972 Code § 7-3.6]
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 8:00 p.m., or on Sundays or holidays.
[1972 Code § 7-4.1]
As used in this section:
Shall mean any wares, works of art, commodities, compounds
or things; chattels, merchandise, or personal property which may lawfully
be kept or offered for sale.
Shall mean all persons, acting either as principal or agent,
who shall engage in a merchandising business in the City, with intent
to close out or discontinue such business within one year from the
date of commencement thereof, including those, who, for the purpose
of carrying on such business, hire, lease or occupy any building,
store, structure, stand or railroad car for the exhibition and sale
of such goods, wares and merchandise; provided that nothing in this
section shall affect the sale of fruits, vegetables and farm products,
such as meat, poultry, butter and eggs.
[1972 Code § 7-4.2]
a.
No person shall conduct an auction sale in the City nor represent
or circulate, or place before the public, any announcement, or insert
or cause to be inserted, any notice that he will conduct the business
of auctioneer or engage in the business of auctioneering or conduct
an auction sale without having first obtained a license.
b.
Auctioneer and auction shall be subject to the regulations provided
by N.J.S.A. 45:17-1, et seq. No auction shall extend for a period
in excess of two weeks.
[1972 Code § 7-4.3]
No person except persons acting in a representative capacity
under court order shall offer for sale in the City, either at wholesale
or at retail, any of the following goods without first obtaining a
license to do so:
Goods then or formerly of a bankrupt, assignee, receiver or
other person in a representative capacity.
Goods damaged by fire or water, nor shall such person announce
or cause to be announced, or publish or cause to be published, any
notice that he will conduct a sale of any such goods, without having
first procured a license to conduct such sale. The following regulations
shall apply to sales under this section:
a.
No goods other than goods damaged by fire or water shall be sold
by a licensee in the same premises during the time goods damaged by
fire or water are sold.
b.
No goods other than bankrupt stock or goods of an assignee or receiver,
shall be sold by the licensee during the time such bankrupt stock
or goods of an assignee or receiver shall be sold.
c.
When goods damaged by fire or water are sold in the same premises
or place where they were damaged, provisions of paragraph a of this
subsection shall apply, but this section shall otherwise be inapplicable.
[1972 Code § 7-4.4]
All transient merchants or itinerant vendors shall procure a
license before offering any goods for sale. The license shall continue
in favor of the person to whom it is issued for a period of 180 days
from the day of issuance.
[Ord. No. O-16-05; 1972
Code § 7-4.5; Ord. No. O-09-28 § 2]
The application for a license required by this section shall
include, in addition to general requirements, the following:
a.
Length of time the applicant proposes to engage in the business or
sale to be licensed.
b.
Location by street and number of goods and whether on premises from
which goods are to be sold or in warehouse or storage.
c.
Name and residence of person in whose interest the business or sale
to be licensed is to be conducted.
d.
Names and addresses of the persons from whom the goods were or are
to be purchased.
e.
A particularized list in full of the quantity, kind and value of
the goods intended to be exposed for sale.
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Before a license as herein provided shall be issued, the applicant
shall execute and deliver to the City Clerk a bond with good and sufficient
surety or sureties, to be approved by the Department of Law, equal
in amount to 50% of the value of the stock of goods, shown in the
application, but in no event less than $10,000. The bond shall remain
in force for one year, and be conditioned to indemnify any pay to
the City and penalties or costs incurred in the enforcement of any
of the provisions of this section and to indemnify any purchaser of
goods, in a sum at least equal to the amount of any payments such
purchaser may have been induced to make through misrepresentations
as to the kind, quality or value of the goods made by the owner or
his servants, agents or employees, either at the time of making the
sale or through any advertisement of any character.
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In addition, before a license shall be issued under this section,
the applicant shall file with the City Clerk an instrument in writing
nominating and appointing the City Clerk his true and lawful agent
with full power and authority to acknowledge service or notice of
process for and on behalf of the applicant in respect to any matters
connected with or arising out of the license and the bond given as
required by the provisions of the preceding paragraph of this section
or for the performance of the conditions of the bond. The instrument
shall contain recitals to the effect that the applicant consents to
service of any notice or process upon the agent and that service when
so made, shall be as valid as if personally served upon the applicant.
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[1972 Code § 7-4.6; Ord. No. O-12-02 § 3]
The fees to be charged for licenses issued under the provisions
of this section shall be as follows:
For auctioneers, $500.
For the sale of bankrupt stock or goods of a receiver, assignee
or other person in a representative capacity, $500.
For the sale of goods damaged by fire or water, $500.
For itinerant vendors or transient merchants, $1,000.
[1972 Code § 7-4.7; Ord. No. O-09-28 § 2]
a.
A separate license shall be obtained under the provisions of this
section for each branch, establishment, or separate place of business
in which the trade, following, profession or occupation of the licensee
is carried on, and each license shall authorize the person obtaining
it to carry on the licensed business only at the location indicated
in the license.
b.
No licensee shall sell any jewelry, precious stones, silverware or
any article made in whole or in part of gold, silver, platinum or
precious stones, between the hours of 5:00 p.m. and 8:00 a.m. the
next day, nor shall any licensee sell any such articles after 12:00
noon on Saturday.
c.
All licensees shall keep an accurate book of accounts on all sales
made, setting forth therein the name or initials of the purchaser
and the amount of the sale. The book shall be open to inspection by
the Director of Public Safety or any person authorized in writing
by him to inspect the book.
d.
There shall be securely attached to each article of jewelry, precious
stones, silverware or any thing or article made in whole or in part
of gold or silver, or precious or semi-precious stones, a tag or label
upon which shall be plainly written or printed, in English, a true
and correct statement of the kind and quality of the metal of which
the article is made and the percentage or karat of purity of the metal,
and in case the articles are plated or overlaid then the tag or label
shall contain a true statement of the kind of plate and the percentage
of purity of plating and the kind of material or metal cover. When
precious or semi-precious stones are offered for sale or sold, the
written statement shall set forth the true names, weight, quality
and color of the stones. Imitations shall be described as such. When
watches and clocks are sold, the true names of the manufacturers shall
be stated in writing and no parts of the movements or mechanism shall
be substituted or contain false and misleading names or trademarks;
neither shall secondhand or old movements be offered for sale in new
cases without a true statement to that effect. The tag or label shall
remain securely attached to any articles or merchandise, shall be
delivered to the purchaser as a true and correct description and representation
of the articles sold, and shall be deemed prima facie evidence of
intent to defraud, in case the written statement is not a true and
correct description and representation of the articles sold.
[1972 Code § 7-4.8]
Nothing in this section shall require the payment of a license
fee by any charitable or religious society that conducts sales of
goods when the proceeds of the sale are to be applied to the payment
of the expenses thereof and to the charitable or religious object
for which the charitable or religious society exists.
[1972 Code § 7-5.1]
As used in this section:
Shall mean any premises where four or more video games or
coin-operated games of any kind are displayed for use by the public,
whether or not another business is conducted on the premises.
Shall mean any privately owned, fully enclosed, commercial
building, business, store, restaurant, tavern or other commercial
structure to which the public is invited or may enter. The term "premises"
as used in this section refers to business premises unless the context
clearly indicates otherwise.
Shall mean any device which upon the insertion of a coin
or any other object may be operated as a game or amusement whether
or not registering a score. The term includes but is not limited to
amusement devices commonly known as electronic video games, pinball,
ski ball, mechanical grab machines, baseball, and all similar devices
under whatever name they may be designated. The term "device" as used
in this section refers to automatic amusement devices. Jukeboxes,
vending machines and pool tables are specifically excluded from the
definition of "coin-operated amusement device" as used in this section.
Shall mean any person who leases or rents out or places,
under any kind of arrangement, one or more coin-operated amusement
devices.
Shall mean any person who owns, leases, rents or operates
any premises on which any coin-operated amusement device is kept for
use by the public.
Shall mean any individual, firm, member of a firm, partnership,
member of partnership, corporation, or any officer, director or stockholder
of such corporation.
[1972 Code § 7-5.2]
a.
No person shall distribute to any person or to the owner, occupant,
operator or licensee of any place of business, store, building, arcade,
tavern, public place or quasi-public place wherein the public may
enter, any coin-operated amusement device, for purposes of operation,
without first having obtained a license to do so. Such a license shall
be designated a distributor's license.
b.
In the case of a distributor, it shall not be necessary to identify
by number any particular machine, however, the general nature of the
machines distributed by him shall be stated in the application for
a license.
c.
An interim distributor's permit shall be issued to an applicant if
the Police Department has not completed its investigation of the applicant
within five working days from the date the application is filed. The
interim permit will remain in effect until the Police Department's
investigation is completed and a license is granted or denied. Any
mechanical amusement devices placed by a distributor holding an interim
permit shall be removed from any premises where placed in the event
a distributor's license is denied.
d.
All holders of distributor's licenses or interim permits shall promptly
notify the Police Department of the location, number and nature of
all coin-operated amusement devices placed by the licensee within
the City, and shall notify the Police Department of any additions
to or deletions from that list.
e.
Applications for a distributor's license shall show the name and
address of the applicant and the location of the applicant's principal
place of business. If the applicant is a partnership or corporation,
the names and addresses of all partners or stockholders and their
respective interest. Applications shall also list all the persons,
partners, officers and stockholders who owned an interest in the business
for a period of six months prior to the date of the application and
the extent of their interest.
[1972 Code § 7-5.3]
a.
Any person displaying for public patronage or keeping for operation
any coin-operated amusement device shall likewise be required to obtain
a license. In addition to general licensing requirements in this chapter,
an application for a license under this section shall set forth the
following:
1.
The name and address of the applicant. Applications for an operator's
license shall show the location of the premises where the devices
are to be kept. If the applicant is a partnership or corporation,
the names and addresses of all partners or stockholders and their
respective interests. Applications shall also list all the persons,
partners, officers and stockholders who owned an interest in the business
for a period of six months prior to the date of the application and
the extent of their interest;
2.
Applications for an operator's license for a premises for which a
retail liquor consumption or distribution license has been issued
shall indicate the current number of such consumption or distribution
license;
3.
A detailed description of the devices for which an operator's license
is sought;
4.
The name and address of the person from whom such devices are to
be purchased, leased or otherwise obtained;
5.
The name and address of the manufacturer of such devices;
6.
A copy of the agreement governing the acquisition and installation
of such device.
[1972 Code § 7-5.4]
No license shall be issued to any person under the age of 18
years or to any firm or corporation in which a person under the age
of 18 years has 10% or more in interest or proprietorship.
[1972 Code § 7-5.5; Ord. No. O-12-02 § 3]
a.
Applicants shall pay the following annual license fee for the privilege
of distributing, operating or maintaining for operation each coin-operated
amusement device:
1.
The fee for a distributor's license shall be $350 per year or any
part of a year.
2.
Operator's license for three devices or less: $75 for the first device
and $25 for each additional device per year or any part thereof.
3.
The fee for an operator's license for four or more devices shall
be $750.
b.
The license period shall commence on January 1 in each year and all
licenses issued hereunder shall expire on December 31 in the year
of issue. If an application for a license is denied, the applicant
shall be entitled to a return of 80% of the fee deposited with his
application.
c.
No operator's license or distributor's license shall be transferred
from person to person or from place to place.
[1972 Code § 7-5.6; Ord. No. O-09-28 § 2]
A licensee may apply to cover any other like machine, operated
in the same place, in substitution of the machine originally covered
by the license. In such event, the licensee shall immediately notify
the Director of Public Safety and the City Clerk of the substitutions,
together with full information identifying the original machine and
the one substituted.
[1972 Code § 7-5.7; Ord. No. O-09-28 § 2]
Nothing in this section shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law or that may be contrary to any future law
of the State of New Jersey. If the Director of Public Safety shall
have reason to believe any coin-operated amusement device is used
as a gambling device, that machine may be seized by him and impounded.
[1972 Code § 7-5.8]
a.
Except where permitted by Chapter 35, Zoning Regulations, no person, owner, occupant, operator or licensee of any place of business, store, building, public place or quasi-public place wherein the public may enter, within the confines of the City, shall have more than three coin-operated amusement devices. In addition, each premises to which the restrictions of this subsection apply shall be permitted to have one jukebox.
b.
No person shall be granted a coin-operated amusement device operator's
license for a tavern or other premises where alcoholic beverages are
permitted, sold or otherwise consumed unless such applicant is the
holder of the retail plenary consumption license issued for such tavern
or premises or has a documented financial interest in such plenary
consumption license.
1.
No person may permit the operation of an automatic amusement device
in a tavern during hours when the tavern is prohibited from operating
by regulations of the Alcoholic Beverage Control Bureau.
c.
No device required to be licensed under this section shall be so
placed as to interfere with or obstruct any entrance or exit or to
create a fire hazard.
d.
No device required to be licensed under this section shall be placed,
operated, or used behind closed doors, in barred rooms or in an area
to which access is excluded to the public in a manner other than expressly
allowed under this section.
e.
No device required to be licensed under this section shall be placed,
operated, or used on a public sidewalk or right of way.
f.
No coin-operated amusement operator's license for four or more machines
shall be issued for or transferred to any premises located within
500 feet of any other premises for which there is an active coin-operated
amusement operator's license for four or more machines.
[1972 Code § 7-5.9; Ord. No. O-09-28 § 2; Ord. No. O-12-02 § 3]
a.
Arcades.
1.
Permitted Location of Arcades. The operation of arcades shall be permitted only in such land use districts as permitted in Chapter 35, Zoning Regulations.
2.
Investigation and Processing Fee.
(a)
In addition to the annual fee required to be paid by the terms
of this section, each applicant for an arcade license shall pay a
nonrefundable fee of $200. No investigation fee shall be required
for an operator's license for one, two or three devices not located
in an arcade.
(b)
No arcade license shall be issued to an individual who is not
of good moral character.
3.
Compliance with Building and Zoning Codes. No arcade license shall
be issued for any business in any premises that does not comply with
the applicable provisions of the City building and zoning codes.
4.
Compliance with Applicable State Statutes and Ordinances. No arcade
license shall be issued for any business that does not comply with
this ordinance and with all applicable State Statutes and ordinances
of the City of Bayonne.
5.
Attendant on Premises.
(a)
The operator shall provide one attendant over 18 years of age
for every increment of one to 10 automatic devices kept on the premises.
The requisite number of attendants shall be present at all times during
which the public is invited to use the automatic amusement devices.
(b)
If more than three devices are kept on the premises for use
by the public, the attendant shall have no duties other than those
exclusively related to supervision of the use and operation of the
devices.
(c)
Each attendant shall be identified by an appropriate badge or
other means of identification. The names of each such attendant shall
be furnished to the Director of Public Safety or his designee at the
time of application and shall be updated on a continuing basis to
account for changes in staffing. Names of attendants are to be supplied
to the Director of Public Safety or his designee before the attendant
begins work at the premises. Failure to comply with this requirement
shall constitute a violation of this section.
6.
Minors.
(a)
No operator may permit the use of any automatic amusement device
by persons under the age of 18 years unaccompanied by a parent or
legal guardian during the following hours:
(b)
The operator or the attendant in charge shall direct any minors
present and unaccompanied by a parent or legal guardian to leave the
premises at 10:00 p.m.; no such unaccompanied minor shall be admitted
to the premises after 10:00 p.m. or before 8:00 a.m.
[1972 Code § 7-5.10]
No person, owner, occupant, operator or licensee of any premises
such as a store, building, public place or quasi-public place, not
defined and licensed as an arcade, shall have more than three coin-operated
amusement devices. In addition thereto each establishment mentioned
in this section shall be permitted to have one jukebox.
[1972 Code § 7-5.11]
a.
No licensee may permit upon the licensed premises any unlawful possession
of or any unlawful activity pertaining to narcotic or other drugs,
or other controlled dangerous substances as defined by the New Jersey
Controlled Dangerous Substances Act (N.J.S.A. 2C:35-1, et seq.) or
any prescription legend drug, in any form, which is not a narcotic,
depressant or stimulant drug, or controlled dangerous substance as
so defined.
b.
No licensee may permit the licensed premises to be accessible to
any premises upon which any illegal activity or enterprise is carried
on, or the licensed premises to be used in aid of or accessible to
any illegal activity or enterprise.
[1972 Code § 7-5.12]
[1972 Code § 7-5.13]
[1972 Code § 7-7.1; amended 7-19-2023 by Ord. No. O-23-36]
No person or entity shall operate an amusement ride or carnival
unless the person or entity has obtained a license or is a named agent
of a Licensee under a License Agreement with the City, if applicable,
and has submitted a paid certificate of insurance naming the sponsor
of the event, if applicable, and the City of Bayonne as additional
insured with limits as follows:
a.
General liability $1,000,000 per occurrence and $2,000,000 aggregate;
b.
Automobile $1,000,000;
c.
Worker's Compensation per statute; and
d.
Umbrella $2,000,000.
|
The preceding insurance requirements may be amended before the
issuance of the final License at the sole and absolute discretion
of the City on a case-by-case basis.
|
[1972 Code § 7-7.2]
All such amusement rides shall be maintained in a safe and sanitary
manner and shall at all times be operated and supervised by a competent
and trained person.
[1972 Code § 6-10]
All such amusement rides shall be operated solely between the
hours of 12:00 noon and 10:30 p.m.
[1972 Code § 7-8.1]
No person shall exhibit to the public in any building, garden
or grounds, concert room or any place or room within the City any
entertainment of the stage, circus or theatrical performance, nor
shall a person operate or exhibit any motion pictures or display on
a screen or otherwise, projecting pictures or exhibitions in motion
or rapidly changing scenery, without first obtaining a license.
[1972 Code § 7-8.2; Ord. No. O-12-02 § 3]
The annual license fee for such amusements and exhibitions shall
be according to the following schedule:
a.
For every theatre producing any comedy, farce, tragedy or play of
whatever nature, $500.
b.
For motion picture theatres, seating capacity of which exceeds 800
and without any stage presentation or entertainment, $100.
c.
For motion picture theatres, seating capacity of which shall not
exceed 800 and without any stage presentation or entertainment, $50.
d.
For motion picture theatres, seating capacity of which shall not
exceed 800, exhibiting besides motion pictures, a stage presentation
or entertainment, $100.
e.
For motion picture theatres, seating capacity of which exceeds 800,
exhibiting besides motion pictures, a stage presentation or entertainment,
$150.
[1972 Code § 7-8.3]
The provisions and requirements of this section shall not apply
to any building, hall or room in which any of the above-mentioned
exhibitions are given for schools or for charitable and religious
purposes; nor to the exhibitions given by amateurs for the benefit
of any church, mission, parish or Sunday school, organized fraternal
organizations or any other charitable or religious purposes so long
as the revenues derived therefrom shall continue to be applied to
the use of the school, charitable or religious organization, church,
mission, parish or Sunday school or the fraternal organization which
shall give the performance.
[1972 Code § 7-9.1]
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping a public room or place wherein the games
commonly known as pool or billiards are played without having first
obtained a license from the Municipal Council.
[1972 Code § 7-9.2]
An application for a license shall set forth, in addition to
general requirements, the following:
a.
In the case of a corporation, it shall state the names and addresses
of the officers, directors and all stockholders currently holding
stock and all who for six months prior to the making of the application
have been officers, directors or stockholders.
b.
In the case of clubs or associations, it shall state the names and
addresses of all officers.
c.
The number of pool tables and billiard tables to be located upon
the premises to be licensed.
d.
In the case of partnerships, the application shall contain the names
and addresses of all partners.
e.
In all cases, the application shall contain the name and address
of the owner of the licensed premises.
[1972 Code § 7-9.3]
A license may be issued by the City Clerk only after a resolution
of the Municipal Council shall have been adopted approving the application
and after the payment of the license fee.
[1972 Code § 7-9.4; Ord. No. O-12-02 § 3]
The annual fees to be paid for the license shall be $250.
[1972 Code § 7-9.5]
a.
Any premises declared unsafe by the written report of the City Engineer
or a fire hazard by written report of the Fire Department shall be
ineligible for a license.
b.
The hours of operation of a pool or billiard room shall be between
9:00 a.m. and 2:00 a.m., except that the hours of operation on Sunday
shall be from 11:00 a.m. until 1:00 a.m.
c.
No person under 17 years of age shall be admitted or permitted to
play pool or billiards in any licensed premises or to frequent, lounge,
congregate or gather in such rooms or places unless accompanied by
a parent or guardian.
d.
In no event shall card playing be permitted on the premises licensed
under this section, even if for social purposes, nor shall any alcoholic
beverages be served, consumed or permitted on the licensed premises.
e.
In addition to the license, there shall be conspicuously posted and
displayed on the licensed premises a copy of this section to be supplied
to the licensee by the City Clerk and not less than one sign giving
notice that no person under the age of 17 years is permitted upon
the licensed premises unless accompanied by a parent or guardian.
f.
No license shall be issued to any person except for operation of
a licensed premises wherein at least 10 pool or billiard tables are
maintained and operated.
[1972 Code § 7-9.6]
This section shall not apply to any religious, charitable, benevolent
or nonprofit association or corporation which operates or maintains
any pool or billiard table solely for the recreation and amusement
of its members, provided such organization is bona fide in character
and is not intended as a means or device for evading the terms and
provisions of this section, nor shall this section apply to the keeping
of any pool or billiard table in private residences.
[1972 Code § 7-9.7]
a.
No license shall be issued to any person under the age of 21 years,
to any person who has been convicted of a crime involving moral turpitude
or to any person who has been convicted in a court of criminal jurisdiction
for violation of this section or of any Statute or ordinance prohibiting
gambling. No license shall be issued to any corporation whose officers
would not each qualify for a license under this section.
b.
In an application by a corporation, the names and addresses of the officers, directors and all stockholders currently holding stock and all who for six months prior to the making of the application have been officers, directors or stockholders must be stated in the application as set forth in subsection 4-9.2a of this subsection, and if one or more of such officers, directors or shareholders would fail to qualify as an individual applicant in all respects, no license shall be granted.
c.
In the case of partnerships, the application shall contain the names
and addresses of all partners. No license shall be issued unless all
the partners would qualify as individual applicants.
d.
A written report by each of the following parties shall be submitted
prior to the issuance of a license:
[1972 Code § 7-9.8]
a.
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping a public room or place wherein the games
commonly known as pool or billiards are played in any premises situated
within 250 feet of any school or church.
b.
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping a public room or place wherein the games
commonly known as pool or billiards are played in any premises situated
within 250 feet of any premises for which a plenary retail consumption
license or plenary retail distribution license shall then be issued
and outstanding.
c.
No person shall maintain, operate, conduct or pursue the business
or occupation of keeping a public room or place wherein the games
commonly known as pool or billiards are played in any premises situated
within 250 feet of any other premises for which a license shall then
be issued and outstanding pursuant to this section.
d.
The distance shall be measured from the nearest entrance of the premises
where a proposed licensee desires to be located along the route that
a pedestrian would normally walk.
e.
Any person or entity maintaining, operating, conducting or pursuing
the business or occupation of keeping a public room or place wherein
the games commonly known as pool or billiards are played shall maintain,
operate, conduct and/or pursue the business or occupation in a premises
which is located on ground level and which premises shall provide
and allow for the clear and unobstructed view of the interior of the
premises.
f.
The requirements pertaining to location, as set forth in this subsection,
are not applicable to any establishments currently licensed. All other
regulations are applicable to those establishments which are currently
licensed.
g.
The minimum square footage required to obtain a license and maintain
a licensed premises shall be 3,000 square feet and said square footage
shall increase in the amount of 300 square feet for each table in
excess of the required minimum of 10 tables.
[1972 Code § 7-9.9; Ord. No. O-09-28 § 2]
b.
The Municipal Council reserves the right to review the licensing
status of any licensee upon the request or suggestion of the Director
of the Department of Public Safety, the Chief of Police, Construction
Official or Fire Chief. Upon review, and after a full hearing, the
Municipal Council shall have the right to revoke or suspend an existing
license and/or deny the renewal of a license.
[1972 Code § 7-21.1]
As used in this section:
Shall mean any privately owned, fully enclosed, commercial
building, store, restaurant, tavern or other commercial structure
to which the public is invited or may enter. The term "premises" as
used in this section refers to business premises unless the context
clearly indicates otherwise.
Shall mean any device, machine or mechanism offered for public
use which, upon insertion of a coin, coins, token or paper money,
enables a user to procure or reproduce music or singing.
Shall mean any person who owns, leases, rents or operates
any premises upon which any jukebox or pool table is kept for use
by the public.
Shall mean any individual, firm, member of firm, partnership,
member of partnership, corporation, or any officer, director or stockholder
of such corporation.
[1972 Code § 7-21.2]
Any person displaying for public patronage or keeping for operation
any jukebox or pool table shall be required to obtain a license. An
application for a license under this section shall set forth the following:
a.
The Name and Address of the Applicant. Applications for an operator's
license shall show the location of the premises where the devices
are to be kept. If the applicant is a partnership or corporation,
the names and addresses of all partners or stockholders and their
respective interests. Applications shall also list all the persons,
partners, officers and stockholders who owned an interest in the business
for a period of six months prior to the date of the application and
the extent of their interest;
b.
Applications for an operator's license for a premises for which a
retail liquor consumption or distribution license has been issued
shall indicate the current license number;
c.
A detailed description of the devices for which an operator's license
is sought;
d.
The name and address of the person from whom such devices are to
be purchased, leased or otherwise obtained;
e.
The name and address of the manufacturer of such devices;
f.
A copy of the agreement governing the acquisition and installation
of such device.
[1972 Code § 7-21.3]
Applicants shall pay annual license fees pursuant to subsection 4-5.5a2.
[1972 Code § 7-21.4]
a.
No more than one jukebox shall be permitted at any business premises.
[1972 Code § 7-21.5; Ord. O-09-28 § 1]
a.
No operator's license shall be transferred from person to person
or from place to place.
b.
A licensee may apply to cover any other like device, operated in
the same place, in substitution of the device originally covered by
the license. In such event, the licensee shall immediately notify
the Director of Public Safety and the City Clerk of the substitution,
together with full information identifying the original device and
the one substituted.
c.
The license period shall commence on January 1 annually and all licenses
issued hereunder shall expire on December 31 in the year of issue.
If the application is denied, the applicant shall be entitled to a
return of 80% of the fee deposited with the application.
d.
No person shall be granted an operator's license for a tavern or
other premises where alcoholic beverages are permitted, sold or otherwise
consumed unless such applicant is the holder of the retail plenary
consumption license issued for such tavern or premises or has a documented
financial interest in such plenary consumption license.
e.
No person may permit the operation of a jukebox or pool table in
a tavern during hours when the tavern is prohibited from operating
by regulations of the Alcoholic Beverage Control Bureau.
f.
No device required to be licensed under this section shall be so
placed as to interfere with or obstruct any entrance or exit or to
create a fire hazard.
g.
No device required to be licensed under this section shall be placed,
operated, or used behind closed doors, in barred rooms or in an area
to which access is excluded to the public in a manner other than expressly
allowed under this section.
h.
No device required to be licensed under this section shall be placed,
operated, or used on a public sidewalk or right-of-way.
i.
No license shall be issued to any person under the age of 18 years
or to any firm or corporation in which a person under the age of 18
years has 10% or more in interest or proprietorship.
[1972 Code § 7-21.6]
With respect to pool tables, this section shall not apply to those licensed to operate a pool or billiard room pursuant to Section 4-9.
[1972 Code § 7-11.1]
As used in this section:
Shall mean a person, firm or corporation engaged in the business
of selling at retail or wholesale, to the public, in any quantity,
cut or rooted flowers, funeral sprays, wreaths, designs, corsages,
potted plants or cuttings or bedding plants of natural growth, and
selling the aforementioned products during the entire calendar year,
from a location established for at least one year or under a valid
lease of at least one year. This section shall not apply to the sale
of Christmas trees.
[1972 Code § 7-11.2]
No person shall engage either directly or indirectly in business
as a florist within the City without having first obtained a license
from the City Clerk.
[1972 Code § 7-12.3]
In addition to general requirements, no license shall be granted
to or issued to any person unless that person is at least 18 years
of age and does business in a permanently established location.
[1972 Code § 7-11.4; Ord. No. O-12-02 § 3]
The license fee shall be $200 annually from January 1 through
December 31 of any year.
[1972 Code § 7-11.5]
No florist shall do business except from a regularly established
store, shop or greenhouse. In the event cut flowers are sold, then
the premises shall be equipped with proper refrigeration which shall
consist of a regular florist display mechanical refrigeration of a
minimum size of eight feet by 10 feet by five feet to properly house
cut flowers and plants.
[1972 Code § 7-11.6]
Any person, firm or corporation who shall sell at retail or wholesale to the public, in any quantity, cut or rooted flowers, funeral sprays, wreaths, designs, corsages, potted plants or cuttings or bedding plants of natural growth without a license, or operating from a location not established for 52 weeks, is in violation of this section, and shall, upon conviction, be subject to the penalties in Chapter 1, Section 1-5.
[1972 Code § 7-11.7]
This section shall not apply to any bona fide local religious
organization or any bona fide local charitable organization, selling
products under this section for purposes of fundraising for its own
use.
[1972 Code § 7-12.1]
No person shall engage in the operation of an establishment
where one or more machines or devices are offered for public use which,
upon insertion of a coin, coins or token, or by other means, provide
self-service dry cleaning facilities without first having applied
to and procured a permit from the Municipal Council or without complying
with any and all of the provisions of the Coin-Operated Dry Cleaning
Establishments Code of New Jersey (1962) as adopted or amended.
[1972 Code § 7-12.2; Ord. No. O-12-02 § 3]
The annual fee for a permit shall be $100.
[1972 Code § 7-12.3]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[1972 Code § 7-13.1]
No person shall engage in the business of conducting a hotel,
motel or lodging house in which persons are boarded, received or lodged
for a single night or less than a week at one time or any part of
which is let for any person to sleep in or any boarding house wherein
one building or part thereof in which persons are boarded or received
or lodged with meals for a single night or by the week, without first
obtaining a license.
[1972 Code § 7-13.2; Ord. No. O-12-02 § 3]
The annual license fee for the operation of any establishments
licensed under this section shall be $1,000.
[1972 Code § 7-15.1]
The purpose of this section is to regulate all games of chance
held, operated or conducted within the City pursuant to the Bingo
Licensing Law and the Raffles Licensing Law, and in accordance with
the rules and regulations issued or to be promulgated by the Legalized
Games of Chance Control Commission in the Department of State of the
State of New Jersey. All applications, licenses, and proceedings in
connection herewith shall be subject to the provisions of the Acts
and the rules and regulations, and any laws, rules and regulations
hereafter enacted; and shall be further subject to the provisions
of this section.
[1972 Code § 7-15.2]
a.
Hours. No license authorized by law shall hold, operate or conduct
any game of chance at the place where the game of chance is being
conducted under any license except between the hours of 1:00 p.m.
and 11:00 p.m.
b.
Organization Eligible for License. No license to conduct a game of
chance as authorized by law shall be issued to any organization not
having a bona fide situs established in good faith within the State
of New Jersey and actively engaged in serving one or more of the authorized
purposes as defined by the rules and regulations of the Legalized
Games of Chance Control Commission.
c.
Games of Chance During Elections Prohibited. No game of chance shall
be conducted under any license at any time during which a general,
municipal, primary, special or Board of Education election is being
held, while the polls are open for voting.
[Ord. No. O-00-51 § 6-29.1]
a.
The Municipal Council recognizes that the filming of motion pictures
within the City has been increasing and will continue to increase
in the future.
b.
The production of motion pictures within the City requires various
regulations to preserve the general health, safety and welfare of
Bayonne inhabitants; in addition, the imposition of various fees is
required to offset administrative costs incurred in processing permit
applications and conducting the requisite inspections. The City hereby
amends the Code to establish fees and regulations governing motion
picture filming.
[Ord. No. O-00-51 § 6-29.2;
amended 7-19-2023 by Ord. No. O-23-34]
As used in this section:
The area at or near a film shooting location from where the
company operates. This is the location where equipment vehicles are
parked, along with wardrobe, hair, makeup, crafty, and trailers for
talent, producers, and directors.
Shall mean the taking of still or motion pictures either
on film, videotape or other recording medium, for commercial or educational
purposes, intended for viewing on television, in theaters, in print
or for institutional use. The provisions of this section shall not
be deemed to include the filming of news stories within the City of
Bayonne.
For purposes of this section is any parking area on-street
not otherwise prohibited by law, up to 18 feet in length.
Shall mean any and all property that is not a public street,
highway, sidewalk, square, public park or playground, or other public
place within the City but is owned by or assessed to a private person
or entity.
Shall mean any and every public street, highway, sidewalk,
square, public park or playground or any other public place that is
within the jurisdiction and control of the City. Incidental use of
public land that is of minimal impact and does not result in a closing
of same to public use shall not be considered filming on "public land."
[Ord. No. O-00-51 § 6-29.3]
a.
No person or organization shall film or permit filming on public
or private property within the City without first having completed
an application and obtained a permit from the Mayor or his designee,
which will be issued at the Office of the Mayor, 630 Avenue C, Bayonne,
New Jersey, or other designated location. The permit shall, whenever
possible, set forth the approved location of such filming, the approved
duration of such filming by specific reference to days or dates and
all conditions placed upon the permitted activities. The permit shall
be readily available for inspection by City Officials at all times
at the site of the filming.
b.
All permits shall be applied for and obtained from the Mayor or designee
at the Office of the Mayor or other designated location during normal
business hours. All applications for such permits shall be accompanied
by a permit fee in the amount established by this section.
c.
If a permit is issued and due to the inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Mayor or his designee, at the request of the applicant, may issue
a new permit for filming on other dates subject to full compliance
with all other provisions of this section. No additional fee shall
be paid for this permit.
[Ord. No. O-00-51 § 6-29.4]
Public access users, individuals, students and non-profit organizations
who film public, political, sporting, educational or informational
events within the City for the purpose of broadcasting such events
on public, educational or government access channels (42 U.S.C. 531)
are exempt from the provisions of this section.
[Ord. No. O-00-51 § 6-29.5]
Applications shall be obtained from and submitted to the Mayor
or his designee in person at the Office of the Mayor or other designated
location or by mail and shall contain at least the following information:
a.
The name, address and telephone number of the applicant. The applicant
is the person or entity seeking a film permit.
b.
The name, address and telephone number of the individual submitting
an application for a film permit on behalf of the applicant and his/her
relationship to the applicant.
c.
The location of the property where filming is to take place.
d.
Whether the individual submitting the application is the owner or
tenant in possession of the property.
e.
The name and address of the owner of the property if the individual
submitting the application is not the owner.
f.
Written consent from the owner if the individual submitting the application
is not the owner.
g.
The date(s) and hour(s) filming are to take place.
h.
The dates within the previous 12 months that any filming, as described in subsection 4-19.2 above, was conducted at this location.
i.
A signed statement that the applicant affirms, under penalty of perjury,
that all statements contained in the application are true.
[Ord. No. O-00-51 § 6-29.6; Ord. No. O-09-28 § 1]
a.
No permits shall be issued by the Mayor or his designee unless applied
for at least seven days before the requested shooting date; provided,
however, that the Mayor or his designee may waive the seven-day period,
if, in his/her judgment, the applicant has obtained all related approvals
and adjacent property owners or tenants do not need to be notified.
b.
No permit shall be issued for filming upon public lands unless the
applicant provides the City with the following:
1.
A Certificate of Insurance naming the City of Bayonne as an Additional
Insured and providing coverage as follows:
(a)
For bodily injury to any one person in the amount of at least
$1,000,000 and any occurrence in the aggregate amount of at least
$1,000,000.
(b)
For property damage, each occurrence in the aggregate amount
of at least $1,000,000.
(c)
Worker's Compensation Insurance in at least an amount equal
to the Statutory limits required by the State of New Jersey.
2.
An agreement in writing whereby the applicant agrees to indemnify
and save harmless the City of Bayonne from any and all liability,
expense, claim or damage resulting from the use of public lands and
private property, including but not limited to the City's issuance
of a permit to film pursuant to this chapter.
3.
In the case of a permit to film on private property, the applicant
must provide a Certificate of Insurance pursuant to the preceding
paragraph b1, in at least the amounts stated in the paragraphs b1(a),
(b) and (c), that also name the property owner as an Additional Insured.
4.
The hiring of City of Bayonne Police Officers, Firefighters and Emergency
Medical Technicians (EMT) for the times indicated on the permit when
deemed necessary by the Mayor or his designee.
5.
The posting of a security deposit of at least $500 cash or certified
check or a maintenance bond of at least $1,000 running in favor of
the City and protecting and insuring that the location utilized will
be, after filming, in a satisfactory condition, free of debris, rubbish
and equipment, and that due observation of all city ordinances, laws
and regulations will be followed. Within seven days of the completion
of the filming, the City will return the bond if there has been no
damage to public property or public expense caused by the filming.
The Mayor or his designee may increase the amount of security deposit
or bond if deemed necessary.
c.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Bayonne Police Department or other Department or City Agency with
respect thereto.
d.
The holder of a permit shall conduct filming in such a manner so
as to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit to the extent possible
any interference with normal activity on such public lands.
e.
Where the applicant's production activity, by reason of location
or otherwise, will directly involve and/or affect any businesses,
merchants or residents, the applicant shall give these parties written
notice of the filming at least seven days prior to the requested shooting
date(s). Such written notice shall inform the affected parties that
objections may be filed with the Mayor or his designee. All objections
will form a part of the applicant's application and be considered
in the review of same.
Production activity is deemed to directly involve and/or affect
a business or merchant, when such production activity is likely to
have a negative pecuniary affect on the business in that it will impede
the flow of pedestrian traffic on the City block on which the business
premises is located, prevent persons from parking on the street adjacent
to the city block on which the business premises is located, provided
such parking is otherwise permitted by law, or in any way obstruct,
interrupt or prevent access to and from the business premises by persons
on foot or in a motor vehicle.
Production activity is deemed to directly involve and/or affect
a resident, when such production activity shall interfere with the
resident's right of quiet enjoyment to the property.
Affected businesses, merchants and residents are all those businesses,
merchants and residents whose premises are located on the City block(s)
encompassing the area(s) for which the applicant seeks a permit to
film. A City block consists of the linear area located between the
cross-streets found at either end of the linear area. The area of
affected businesses and merchants may be expanded by the Mayor or
his designee if he/she should determine that the production activity
is likely to affect businesses, merchants and/or residents located
in a larger area than the area provided for pursuant to this paragraph.
f.
The Mayor or his designee will make every effort to work with residents
to minimize the inconvenience caused by filming in residential areas
and will require the applicant to give affected residents at least
seven days' notice of parking restrictions, night shooting or other
inconveniences. All filming must be completed within 1/2 hour after
sunset. Any night shooting must be approved by the Mayor or his designee.
"Night shooting" is defined as all filming occurring in residential
(R1, R2 or RM zone) neighborhoods 1/2 hour after sunset.
g.
The Mayor or his designee may refuse to issue a permit whenever he/she
determines, on the basis of objective facts and after a review of
the application and a report thereon by the Police Division and/or
by other City Agencies involved with the proposed filming site, that
filming at the location and/or the time set forth in the application
would violate any law or ordinance or would unreasonably interfere
with the use and enjoyment of adjoining properties, unreasonably impede
the free flow of vehicular or pedestrian traffic or otherwise endanger
the public's health, safety or welfare. Further, the City reserves
the right to require on-site City of Bayonne Police Officers to act
as patrolmen in situations where the proposed production may impede
the proper flow of traffic, the cost of the Police Officers to be
borne by the applicant as a cost of production. Where existing electrical
power lines are to be utilized by the production, an on-site licensed
electrician may be similarly required, at the cost of the applicant,
if the production company does not have a licensed electrician on
staff. Likewise, other City personnel can be required on-site, at
the cost of the applicant, should it be determined that such supervision
is necessary to the health, safety and welfare of the citizens of
Bayonne.
h.
Copies of the permit application will be sent to the Police and Fire
Departments, Bureau of Building and Division of Health for review
prior to the issuance of a permit. The applicant shall permit the
Police Department, Fire Prevention Bureau or other City inspectors
to inspect the site and the equipment to be used. The applicant shall
follow all safety instructions issued by the Police Department, Fire
Prevention Bureau or other City inspectors. The Mayor or his designee
shall not issue a permit prior to receiving objections, conditions
or approvals communicated by the Police and Fire Departments, Fire,
Bureau of Building and/or Division of Health. The decision of the
Mayor or his designee to issue a permit or deny an application shall
be a final decision and order.
i.
In addition to any other fees or costs mentioned in this section,
the applicant shall reimburse the City for any costs or lost revenue,
repairs to public property, or other revenues that the city was prevented
from earning because of the filming.
[Ord. No. O-00-51 § 6-29.7; Ord. No. O-11-16; Ord.
No. O-12-02 § 3; amended 8-17-2022 by Ord. No. O-22-24]
The schedule of fees for the issuance of permits authorized
by this section are as follows:
a.
Basic filming permit: A minimum of $500 per day, with the fee to
be determined by an impact review to be conducted by the City's Law
Division;
b.
Additional fee for filming in public buildings, public parks or other
public facilities: A minimum of $1,000 per day, with the fee to be
determined by an impact review to be conducted by the City's Law Division;
c.
Filming on private property: A minimum of $50 per day, with the fee
to be determined by an impact review to be conducted by the City's
Law Division.
d.
The fees set forth in this section may be waived by the Mayor or
his or her designee when filming is done by a student in grade school,
high school, college, university or other bona fide educational institution
upon receipt by the Mayor or his or her designee of a written certification
from a teacher or administrator at the school attended by the student
stating that the filming is for educational purposes only and is not
intended for commercial use.
[Ord. No. O-00-51 § 6-29.8]
a.
Nothing in this section shall be construed to impair or limit in
any way any other power of the City to define and declare nuisances
and to cause their removal or abatement.
b.
Nothing in this section shall be construed to abrogate or impair
the power of the City or any Officer or Department to enforce any
provisions of its charter or its ordinances or regulations, nor to
prevent or punish violations thereof, and the powers conferred by
this section shall be in addition and supplemental to the powers conferred
upon the City by any other law or ordinance.
[Ord. No. O-00-51 § 6-29.10]
Any person violating this section, the rules and regulations contained herein and/or the conditions imposed on any permit issued pursuant to this section, shall be subject, upon conviction, to the penalty stated in Chapter 1, Section 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 7-19-2023 by Ord. No. O-23-34]
a.
The filming permit shall allow up to 20 parking spaces to be utilized by the applicant for the duration of the filming not to exceed three consecutive days in any one location. The three consecutive day limitation may be extended upon the approval of the Director of Public Safety and/or his or her designee. The applicant at its sole cost and expense shall obtain a "No Parking Sign" and/or a parking meter bag(s) for each parking space in accordance with Chapter 7, Section 7-11 of the Revised General Ordinances of the City of Bayonne.
b.
The applicant shall be responsible for the acquisition, posting and
maintenance of said No Parking Sign(s) and/or parking meter bags.
c.
No Parking Signs must be posted and maintained for a minimum of 48
hours prior to the commencement date indicated on the filming permit.
[1972 Code § 6-1.12; Ord. No. O-12-02 § 3]
It shall be unlawful for any person to engage in the business
as a handbill distributor for hire, or for any person to distribute
commercial or noncommercial handbills, without first complying with
the terms of this section and all other relevant laws and regulations;
provided, that nothing contained herein shall apply to any person
advertising his business or activity upon his own premises, if such
business or activity is regularly established at a definite location
in the City and also if a license has been obtained therefor, if such
license be required under the terms of any applicable law or ordinance.
a.
Handbill Distribution Businesses. Any person desiring to engage,
as principal, in the business of distributing commercial or noncommercial
handbills for hire shall make application to and receive from the
City Clerk, or other Officer empowered to issue the same, who shall
act whenever the City Clerk is herein referred to, a license in the
manner and for the period prescribed by the terms of this section
and by all relevant provisions of the City Code. Such applicant shall
make written application to the City Clerk upon a form or forms provided
for such purpose by the City Clerk. Such form shall contain, among
other things that may be required, the name, the business address,
and a brief description of the nature of the business to be conducted
by the applicant, the probable number of agents and employees so to
be engaged, names and addresses of the agents and employees, together
with a request for a license for the period for which the applicant
seeks to engage in such business. During the period of licensing,
the handbill distribution business shall maintain an updated list
of the names and addresses of its agents and employees on file and
the list shall be readily available for review by the City upon demand.
b.
Without excluding other just grounds for revocation, the Municipal
Council, or official so empowered by law, may revoke any license obtained
under an application containing a false or fraudulent statement knowingly
made by the applicant with intent to obtain a license by means of
false or fraudulent representations, or for violation of this section,
or any other grounds specified by law. Such application shall be accompanied
by the fee hereinafter provided for in this section. No license issued
under this section shall be transferable; and if any such license
shall be surrendered by the licensee therein named, or shall be revoked
for cause, neither the licensee named in such license, nor any other
person, shall be entitled to any refund of any part of such fee.
c.
License fees for those engaging, as principal, in the business of
distributing commercial or noncommercial handbills for hire under
the terms of this subsection, and for any such purpose, shall be as
follows:
For a period of one year, the sum of $400;
For a period of three months, the sum of $175;
For a period of one week, the sum of $50;
For a period of one day, the sum of $40;
Provided, that persons acting for licensees, as Agents or employees,
in the posting or distributing of any such signs or handbills, shall
not be required to obtain a license or pay a fee, but each such person
shall comply with each and all of the other provisions hereof, and
be subject thereto.
d.
Other Commercial Distributors. Any person, other than one licensed
to engage in the business of distributing commercial or noncommercial
handbills for hire, desiring to distribute commercial handbills involving
that person's place of business shall make application to and receive
from the City Clerk, or other Officer empowered to issue the same,
who shall act whenever the City Clerk is herein referred to, a license
in the manner and for the period prescribed by the terms of this section
and by all relevant provisions of the City Code. Such applicant shall
make written application to the City Clerk upon a form or forms provided
for such purpose by the City Clerk. Such form shall contain, among
other things that may be required, the following:
1.
Name and address of applicant and applicant's business address.
2.
Brief description of their business in connection with which applicant
will distribute handbills.
3.
Name and address of each employee or other individual who will distribute
handbills.
4.
Dates, times and nature of proposed distribution(s) together with
a request for a license for the period for which the applicant seeks
to distribute said handbills. During the period of licensing, the
handbill distribution business shall maintain an updated list of the
names and addresses of its Agents and employees on file and this list
shall be readily available for review by the City upon demand.
e.
Without excluding other just grounds for revocation, the Municipal
Council, or official so empowered by law, may revoke any license obtained
under an application containing a false or fraudulent statement knowingly
made by the applicant with intent to obtain a license by means of
false or fraudulent representations, or for violation of this section,
or any other grounds specified by law. Such application shall be accompanied
by the fee hereinafter provided for in this section. No license issued
under this section shall be transferable; and if any such license
shall be surrendered by the licensee therein named, or shall be revoked
for cause, neither the licensee named in such license, nor any other
person, shall be entitled to any refund or any part of such fee.
f.
License fees for any person, other than one licensed to engage in
the business of distributing commercial or noncommercial handbills
for hire, desiring to distribute commercial handbills related to that
person's place of business, shall be as follows:
For a period of one year, the sum of $100;
For a period of three months, the sum of $50;
For a period of one week, the sum of $30;
For a period of one day, the sum of $20;
provided, that persons acting for licensees, as Agents or employees,
in the posting or distributing of any such signs or handbills, shall
not be required to obtain a license or pay a fee, but each such person
shall comply with each and all of the other provisions hereof, and
be subject thereto.
[Ord. No. O-17-14]
For the purpose of this section:
Shall mean massage, bodywork, pressure and somatic therapy.
Those terms shall be used herein as those terms are used in N.J.S.A.
45:11-55 et seq. Systems of activity of structured touch which include,
but are not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual techniques and use of
visual, kinesthetic, auditory and palpating skills to assess the body
for purposes of applying therapeutic massage, bodywork, pressure or
somatic principles. Such application may include, but is not limited
to, the use of therapies such as heliotherapy or hydrotherapy, the
use of moist hot and cold external application of herbal or topical
preparations not classified as prescribed drugs, explaining and describing
myofascial movement, self-care and stress management as it relates
to massage, bodywork and somatic therapies. Massage, bodywork and
somatic therapy practices are designed to affect the energetic system
of the body for purposes of promoting and maintaining the health and
well-being of the client. Massage, bodywork, pressure and somatic
therapies do not include the practice of medicine, surgery, dentistry,
osteopathy, chiropractic, physical therapy or other medical or surgical
practices as defined in Title 45, Chapter 9, of New Jersey Statutes
Annotated or to licensed nurses acting under the direct prescription
and direction of said practitioners. Massage, bodywork, pressure and
somatic therapies do not include massage of the scalp, hands or feet
by a hair or nail salon or chair massage of arms, neck and shoulders
in an open room or area where other business is conducted, or certificated
therapeutic methods that are employed when the patron is fully clothed.
Shall mean any establishment located in a fixed place of
business on a property owned, leased, operated or controlled by any
person, firm, association or corporation which engages in or carries
on, or permits to be engaged in or carried on, any of the massage
activities defined in this section. This includes any establishment
engaged in or carrying on or permitting any combination of a massage,
bodywork, pressure and/or somatic therapy and bathhouse establishment.
Shall mean any person who holds a certificate as defined
by this section who, for any consideration whatsoever, engages in
the practice of massage, bodywork, pressure and/or somatic therapy
as herein defined, including but not limited to subcontractors, subtenants
or temporary employees certified by the State of New Jersey.
Shall mean any room, floor or section of a massage business
or establishment where massage, bodywork, pressure and/or somatic
therapies as herein defined are carried out.
Shall mean any individual, firm, member of a firm, partnership,
member of a partnership, corporation or any officer, director or stockholder
of such corporation, a voluntary association or incorporated association.
"Persons" shall specifically include and apply to individual owners
of massage businesses, as well as the entity(ies).
[Ord. No. O-17-14]
a.
1.
It shall be unlawful to operate any massage establishment in the
City of Bayonne without first obtaining a license therefor. The owner
of a massage establishment desiring a license shall make written application
to the City Clerk setting forth the name of the applicant, location
of the places sought to be licensed, whether or not the applicant
is registered by the New Jersey State Department of Health and any
other facts which the City Clerk may consider pertinent. Said application
shall be on a form prescribed by the City Clerk.
2.
It shall be unlawful for any massage practitioner or person to engage
in the practice of massage, bodywork, pressure and/or somatic therapy
as herein defined without first obtaining a license therefor.
3.
Each application for a license or the renewal thereof, or to engage
in the business of massage which is submitted to the City Clerk, shall
be approved by the Municipal Council before any license is issued.
The Municipal Council shall not approve such application unless a
valid State License is attached to the application.
b.
Conditions for Issuance. A license shall not be issued to a business
entity, massage establishment, massage practitioner or person unless
he/she/it meets the following conditions:
1.
Owners, corporate officers, partners, limited liability members submit
a completed application as required by this section, along with proof
of State Licensure to own/operate a massage establishment.
2.
Is at least 18 years of age.
3.
Is licensed/certified pursuant to N.J.S.A. 45:11-53 et seq. (The
Massage, Body Work and Somatic Therapy Certification Act) and regulations
promulgated hereto and provides a copy of a valid license/certification
issued by the State of New Jersey.
4.
Submits a certification from a duly licensed physician of the State
of New Jersey stating that the applicant is free from contagious and
communicable disease, dated within 30 days of the date of the application.
5.
Applicant submits three recent photographs that shall be approximately
two inches by two inches showing the head and shoulders of the applicant
in a clear and distinguishing manner. Each applicant shall be fingerprinted
by the Chief of Police or his designee and shall undergo a background
check by the Chief of Police, which cost shall be borne by the applicant.
(If there have been no violations of this section and the applicant
has been continually licensed from their initial application, fingerprinting
shall only be required upon the initial application). The applicant
completes an application in a form maintained on file with the City
Clerk.
6.
The applicant has not been convicted or pled guilty to violating
any provisions of the Criminal Code included in N.J.S.A. 2C: 34-1
et seq. and/or N.J.S.A. 2C: 14-2 or their equivalent in another jurisdiction.
7.
Has not made a false statement in connection with an application
for licensure under this section.
c.
Restrictions on Location. No application for a new massage establishment
license shall be granted unless the establishment is more than 1,000
feet away from any public or private educational institution (including
elementary, high school and/or college level) or house of worship.
d.
Compliance; Misrepresentation. Any application which fails to conform
or to comply with the requirements of this section or which contains
any misrepresentations shall constitute sufficient grounds for the
denial of the application and any license which may be issued with
an intentional misrepresentation contained in the application shall
be subject to suspension or revocation in addition to penalties hereinafter
mentioned.
e.
Terms. Each such license shall become effective January 1 of any
given year and will be renewable by mail annually.
f.
Annual Fee. Annual fee is due with application and will be required
to be paid January 31 of any given year after. The applicant shall
pay a $250 fee upon filing an initial application for the operation
of a business engaged in providing massage therapy services and any
individual applicant (as opposed to a business entity) who wishes
to be licensed for massage therapy purposed under this chapter shall
pay an initial application fee of $50. All licenses shall be valid
for a period one year. All provisions of this section, including the
requirement of filing fees, shall apply to renewals in the same manner
as they apply to applications for initial licenses.
g.
Nontransferable. These licenses are not transferable.
h.
Lists of Suppliers. Every owner of a massage establishment, upon
request of the City's Health Officer, shall furnish to the Health
Officer the names and addresses of any person, firm or corporation
supplying them with any item that is used in its establishment for
the purpose of enabling the Health Officer to examine the sanitary
and hygienic conditions under which said materials are handled.
i.
Water Supply. Every massage establishment upon request of the Health
Officer shall contain hot and cold running water.
j.
Use of Linen. It shall be unlawful to wash or dry in the licensed
premises any towels that were used or that have come into contact
with a patron. It shall be unlawful to use covering cloths on more
than one person successively, except when either a clean towel or
a paper neck is applied next to the skin between each covering cloth
and the skin to prevent contact of the skin with such covering cloth.
k.
Separation of Living Quarters. No part of the premises used as a
massage establishment shall be occupied or used or furnished for sleeping
quarters and rooms in the rear or to the side of the premises which
may be used as living quarters shall be separated from the massage
establishment and/or massage work area by a permanent partition extending
from ceiling to floor. And any door leading thereto shall be kept
closed at all times except as used for ingress and egress.
l.
Sign Stating Hours of Operation, Required. All massage establishments
shall have a sign not less than 18 inches wide by 16 inches long on
which shall be prominently stated the hours of operation. The said
sign shall be displayed in such a manner that all persons frequenting
the said location shall have an unobstructed view thereof.
m.
Inspections; Reinspection Fee. The Health Officer or his/her designee
shall enter said premises at any time with no advance warning. The
premises must be inspection ready at all times. The Health Officer,
Public Health Investigator, Bayonne Police Department are the other
authorities that may enter said premises for complaints or general
inquiries. All findings will be reported to the Health Officer as
soon as possible.
Each massage establishment will be inspected at least one time
annually, where a certificate of inspection (pass or fail) will be
posted. This certificate must be posted in clear view of all patrons
entering said locations.
At which time an inspection is made and it is found to be of
unsatisfactory condition it will put the said location on notice and
schedule a reinspection and a reinspection fee of $40 will be charged.
n.
Licenses Must Be Displayed. All licenses issued by the City Clerk
must be posted and available to all patrons entering said location.
In locations where there is additional licensing (by the State of
New Jersey), all individual licenses of operators and owners must
be posted at the said premises and must be valid. (The personal information
that is on the license may be blocked out, but must be accessible
to the inspecting individual.)
o.
Revocation of License. The conviction of any applicant or licensee
of any criminal offense, quasi-criminal offense or sanitary code violation
related to the licensee's business, or any sex-related offense may
constitute a forfeiture of the license and said license shall be deemed
revoked. Each licensee shall be deemed responsible for a clean and
safe business operation in the massage work area and on the premises.
The violation of any law at said premises or any provisions of this
section may be grounds for the revocation of the license to operate
massage therapy on the premises.
p.
Revocation Procedure.
1.
Licenses issued under this section may be revoked by the City Clerk,
Business Administrator, Construction Code Official, Law Director,
Health Officer or Chief of Police for violations of any terms or conditions
of this section.
2.
Notice of an informal hearing for revocation of a license before
any of the individuals identified in paragraph 1 above, shall be given
in writing setting forth the grounds of complaint and time and place
of hearing. Such notice shall be served personally upon the licensee
or mailed by registered letter to the licensee at his last known address
at least five days prior to the date set for hearing.
3.
In the event of a revocation of license, the City Clerk, Business
Administrator, Construction Code Official, Law Director, Health Officer
or Chief of Police shall report his/her findings and reasons therefor
to the applicant/licensee in writing.
q.
Appeals. In the event that any applicant for a license shall have
been refused a license or in the event that any license shall have
had his/her license revoked or suspended by the Health Officer, said
person shall have the right and privilege to appeal from such refusal
to grant license or suspension or revocation of license to the Municipal
Council provided however that not less than 14 days' written notice
of such appeal shall have been served upon the Municipal Council either
in person or registered mail return receipt requested and a date of
hearing before the Municipal Council shall be fixed no later than
30 days after the receipt of said notice of appeal. Thereupon the
Municipal Council shall notify said person of the place, date and
time of hearing.
r.
Fines and Violations. In addition to any penalty imposed pursuant to subsection 4-22.6, if a licensee fails to correct any violation within a time period prescribed by the Health Officer or other authorized City Officer, a license may be revoked until such corrections are made.
s.
Reapplication After Revocation Prohibited. No person, business entity,
owner, corporate officer, partner, limited liability member, or someone
acting in their behalf, after having their license revoked shall be
granted a license upon reapplication. The City Clerk shall be prohibited
from issuing a license to operate a massage establishment or a license
to operate as a massage practitioner under this or any other ordinance
of the City of Bayonne to any such revokee. If the applicant for a
massage establishment hereunder is a person, this section shall apply
to all immediate family members of said person.
[Ord. No. O-17-14]
Any person or entity engaged in the business of operating a
massage establishment as defined in this section, shall be required
to carry a professional liability insurance policy in the minimum
amount of $10,000 for each occurrence, plus $10,000 for each individual.
A copy of such policy shall be submitted for approval with the application
for a license.
[Ord. No. O-17-14]
The provisions of this section shall not apply to massage or
physical therapy treatments given by a massage therapist certified
by either the A.M.T.A. or the A.M.B.P., and:
a.
In the office of a licensed physician, osteopath, chiropractor or
physical therapist.
b.
In a regularly established medical center, hospital, or sanitarium
having a staff which includes licensed physicians, chiropractors or
physical therapists.
c.
By any licensed physician, osteopath, chiropractor or physical therapist
in the residence of his patient.
[Ord. No. O-17-14]
All massage establishments shall comply with all other State
laws and local ordinances.
[Ord. No. O-17-14]
[Ord. No. O-17-14]
It shall be unlawful for any licensee to operate any establishment
as a massage establishment or any similar type business where any
physical contact by the licensee or any employee of the licensee is
provided resulting in sexual misconduct. Sexual misconduct shall be
defined as follows:
a.
The purpose of this section is to identify licensee's conduct which
shall be deemed sexual misconduct.
b.
CLIENT
CLIENT-THERAPIST RELATIONSHIP
SEXUAL CONDUCT
SEXUAL CONTACT
SEXUAL HARASSMENT
SPOUSE
As used in this section, the following terms have the following meanings
unless the context clearly indicates otherwise:
Any person who is the recipient of massage, bodywork or somatic
therapy.
A relationship between a licensee and a client wherein the
licensee owes a continuing duty to the client to render massage, bodywork
or somatic therapy services consistent with his or her training and
experience.
The knowing touching of a person's body directly or through
clothing, where the circumstances surrounding the touching would be
construed by a reasonable person to be motivated by the licensee's
own prurient interest or for sexual arousal or gratification.
Includes, but is not limited to, the imposition of a part
of the licensee's body upon a part of the client's body, sexual penetration,
or the insertion or imposition of any object or any part of a licensee
or client's body into or near the genital, anal or other opening of
the other person's body. "Sexual contact" does not include the touching
of a client's body which is necessary during the performance of a
generally accepted and recognized massage, bodywork or somatic therapy
procedure.
Solicitation of any sexual act, physical advances, or verbal
or nonverbal conduct that is sexual in nature, and which occurs in
connection with a licensee's activities or role as a provider of massage,
bodywork or somatic therapy services, and that either: is unwelcome,
is offensive to a reasonable person, or creates a hostile workplace
environment, and the licensee knows, should know, or is told this;
or is sufficiently severe or intense to be abusive to a reasonable
person in that context. "Sexual harassment" may consist of a single
extreme or severe act or of multiple acts and may include, but is
not limited to, conduct of a licensee with a client, co-worker, employee,
student or supervisee whether or not such individual is in a subordinate
position to the licensee.
The husband, wife or fiancee of the licensee or an individual
involved in a long-term committed relationship with a licensee. For
purposes of the definition of "spouse," a long-term committed relationship
means a relationship which is at least six months in duration.
c.
A licensee shall not engage in sexual contact with a client with
whom he or she has a client-therapist relationship. The client-therapist
relationship is ongoing for purposes of this section, unless the last
massage, bodywork or somatic therapy was rendered more than three
months ago.
d.
A licensee shall not seek or solicit sexual contact with a client
with whom he or she has a client-therapist relationship and shall
not seek or solicit sexual contact with any person in exchange for
professional services.
e.
A licensee shall not engage in any discussion of any intimate sexual
nature with a person with whom the licensee has a client-therapist
relationship, unless that discussion is directly related to a proper
massage, bodywork or somatic therapy purpose. Such discussion shall
not include disclosure by the licensee of his or her own sexual relations.
f.
A licensee, shall provide privacy and therapy conditions which prevent
exposure of the unclothed body of the client. Appropriate draping
measures shall be employed to protect the client's privacy.
g.
A licensee shall not engage in sexual harassment either within or
outside of the professional setting.
h.
A licensee shall not engage in any other activity which would lead
a reasonable person to believe that the activity serves the licensee's
personal prurient interests or which is for the sexual arousal, or
sexual gratification of the licensee or client or which constitutes
an act of sexual abuse.
i.
Nothing in this section shall be construed to prevent a licensee
from rendering massage, bodywork or somatic therapy to a spouse, providing
that the rendering of such massage, bodywork or somatic therapy is
consistent with accepted standards of massage, bodywork or somatic
therapy and that the performance of therapy is not utilized to exploit
the spouse for sexual arousal or sexual gratification of the licensee.
[Ord. No. O-17-14]
This section is intended to be read in pari materia with any
and all State regulations appertaining to the same or similar subject
matter, including, but not by way of limitation, any and all regulations
established by the Massage, Bodywork and Somatic Therapy Examining
Committee operating under the New Jersey Board of Nursing (P.L. 1999,
c. 19, approved February 8, 1999, Assembly Bill No. 843).
[Ord. No. O-15-40]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
maintenance, and distribution criteria for licensed dealers in these
goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[1972 Code Sect 7-20.2; Ord. No. O-15-40]
As used in this section:
Shall mean a current valid New Jersey Driver's License or
Identification Card, a current valid photo driver's license issued
by another U.S. state, a valid United States Passport, or other verifiable
U.S. Government issued identification, which shall be recorded on
the receipt retained by the dealer and subsequently forwarded to the
local police department on request.
Shall mean the Chief of the Bayonne Police Department or
his/her designee.
Shall mean the statutory officer whose duties are defined
in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of
the city.
Shall mean any person, partnership, Limited Liability Company,
corporation, or other entity who either wholly or in part, engages
in or operates any of the following trades or businesses: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; itinerant business as defined herein. For
the purposes of this section, transient buyers, as defined herein,
are subject to the same licensing and reporting requirements as any
other dealers.
Shall mean a dealer who conducts business intermittently
within the municipality or at varying locations.
Shall mean any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as a furniture storage warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean gold, silver, platinum, palladium, and their alloys
as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean every transaction conducted between a dealer and
a member of the public in which precious metals, jewelry, or any other
secondhand goods as defined herein are purchased or pawned.
Shall mean used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, cellular telephones, smart phones, GPS devices, computers,
mobile computers, computer hardware and software, televisions (except
cathode ray tube type), radios, record or stereo sets, electronic
devices, musical instruments, sporting goods, automotive equipment,
collectibles, video game systems, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, and other valuable articles. For the purposes
of this ordinance, secondhand goods shall not include goods transacted
in the following manner: i) judicial sales or sales by executors or
administrators; ii) occasional or auction sales of household goods
sold from private homes; iii) auctions of real estate; iv) the occasional
sale, purchase, or exchange of coins or stamps by a person at his
permanent residence or in any municipally owned building who is engaged
in the hobby of collecting coins or stamps and who does not solicit
the sale, purchase, or exchange of such coins or stamps to or from
the general public by billboard, sign, handbill, newspaper, magazine,
radio, television, or other form of printed or electronic advertising.
Shall mean a member of the public who sells or pawns goods
such as precious metal, jewelry, or other secondhand goods to a dealer.
Shall mean a dealer, as defined herein, who has not been
in a registered retail business continuously for at least six months
at any address in the municipality where the Dealer is required to
register or who intends to close out or discontinue all retail business
within six months.
[Ord. No. O-15-40]
a.
No person, partnership, Limited Liability Company, corporation, or
other entity shall engage in the business of buying, selling, or pawning
of precious metals or other secondhand goods, as defined above, within
the municipality, without having first obtained a license therefor
from the City Clerk, which license shall bear a number issued by the
City Clerk.
b.
The application for a license to the City Clerk shall set forth the
name, date of birth, and address of the dealer, whether or not he/she
is a citizen of the United States, and whether or not he/she has ever
been convicted of any crime(s), disorderly persons offense(s), or
municipal ordinance violation(s), and the date(s) thereof.
c.
Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 4-24.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for the purpose of this chapter. No person, partnership, Limited Liability Company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall be visibly or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to penalties established in subsection 4-24.9.
d.
Licensees may not operate at any location other than site specified in the license. Licensees operating at multiple locations must have each location separately licensed. Each location must be permanent. Itinerant businesses and transient buyers, as defined in subsection 4-24.2 above, are not eligible for licensure and are prohibited from operating in the City.
[Ord. No. O-15-40]
a.
Upon receipt of an application the City Clerk shall refer such application
to the Chief of Police who shall make an investigation of the prospective
licensee within 30 days for the purpose of determining the suitability
of the applicant for licensing. Such investigation shall include,
but shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 4-24.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant;
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metals or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 4-24.6d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 4-24.6a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the City Clerk, fully completed by the applicant. If a criminal record
check has been requested within the thirty-day period and has not
been received from the Chief of Police within that period, the Chief
may, if all other factors are satisfactory, recommend a conditional
issuance of the license subject to the finding regarding the criminal
record.
c.
The Chief of Police, upon completion of the investigation, shall
recommend in writing to grant or deny the requested license to the
City Clerk, who shall grant or deny the license according to the recommendation.
In the case of recommending denial, the Chief of Police shall state
fully and specifically the reasons for the recommendation. If the
Chief of Police recommends denial of any license, the City Clerk shall
notify the applicant within 10 days of such denial, and forward to
the applicant a statement of the reason or reasons for such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s) disorderly persons offense(s) involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 4-24.5, the retention and inspection requirements of 4-24.6, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the City Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 4-24.7 of this section.
e.
Whenever any application for permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. O-15-40]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 4-24.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
A complete and detailed description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security number engraved thereon, serial
numbers, series number, or any other information appearing calculated
to set apart the particular object sold from others of like kind;
2.
If precious metals, the net weight in terms of pounds troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A.
51:6-1 et seq.;
3.
The date and time of the transaction;
4.
The price paid for the purchase or pawn of the item(s);
5.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the transaction;
6.
The permanent business address and license number of the dealer;
7.
The name, address, date of birth, and telephone number of the seller
or sellers;
8.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
9.
A photographed recording of the seller's acceptable identification, as set forth in subsection 4-24.2, in a format acceptable by the Chief of Police;
10.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
11.
The receipt number.
|
These records shall be subject to inspection by any representative
of the Bayonne Police Department duly authorized for this purpose
by the Chief of Police.
|
d.
The information outlined in paragraph c above, must additionally
be electronically documented through the use of an electronic database
system authorized by the Chief of Police. Installation and training
in this software will be made mandatory as of the effective date of
this chapter and licensing will be conditional upon compliance with
proper use of the system as described herein. These records shall
be subject to the inspection of any authorized police officer or any
sworn law enforcement officer acting in the performance of their duty
as set forth in paragraph f below. Through the use of applicably required
computer equipment, and using the electronic format approved by the
Chief of Police, every dealer shall enter all reportable transactions
into the electronic database by the end of the close of business on
the same date as the purchase or receipt of property for pawn or consignment.
The information entered must contain all pertinent information in
paragraph c above.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraph c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection 4-24.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 4-24.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. O-15-40]
a.
All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-24.5. Jewelry also must be maintained for at least 10 business days, the statutory period provided in N.J.S.A. 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 4-24.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
precious metals or other secondhand goods for such period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver of the requirement under this
section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 4-24.5c.
e.
No dealer shall purchase any item covered by this chapter from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 4-24.9 of this chapter.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds
exist and that a suspension is warranted, the Chief of Police or a
designee thereof shall issue a written notice of suspension of license
to the offending dealer and to the City Clerk, which shall set forth
the grounds for the suspension and notify the dealer of his or her
right to appeal pursuant to paragraph h. A temporary suspension shall
issue immediately, pending the outcome of any appeal taken. Suspended
dealers must immediately cease engaging in the business of purchasing
for resale, receiving for pawn, and/or selling of precious metals
and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the
grounds leading to the suspension have, in the determination of the
Chief of Police or the Chief's designee, been cured, corrected, or
appropriately rectified; or if reinstatement is deemed appropriate
by the three-person panel appointed by the Chief of Police, upon the
timely filing of an appeal as provided in paragraph h.
g.
Revocation. A license issued under this section may be revoked by the City Clerk upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 4-24.9.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chief's designee shall so report to the City Clerk in writing. A temporary
suspension will immediately and automatically issue, if one is not
already in effect, pending the outcome of the charge. A three-person
panel, appointed by the Chief of Police, shall review the stated grounds
for revocation and the panel shall issue an appropriate disposition
of suspension, revocation, or reinstatement. If the panel determines
that revocation is the appropriate disposition, it shall set forth
the grounds for the same in writing in the form of a notice of revocation,
which shall be provided to the dealer. The notice shall advise the
dealer of the right to appeal. If the panel determines that suspension
is the appropriate disposition, it shall provide the dealer with a
notice of suspension that shall advise the dealer of the right to
appeal. Following revocation, the dealer must relinquish his or her
license and must immediately and indefinitely cease operating as a
dealer of precious metals or other secondhand goods within the municipality.
h.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
i.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the City Clerk, in writing,
of the street address of said new location.
[Ord. No. O-15-40]
Each dealer covered under this section shall deliver a bond
to the City Clerk executed by the applicant as principal and executed
by a surety company authorized to do business under the laws of the
State of New Jersey as surety. The bond, to be approved by the City
Attorney, as defined in N.J.S.A. 40A:9-139, shall be in the penal
sum of $10,000 conditioned for the due and proper observance of and
compliance with the provisions and requirements of all ordinances
of the municipality in force or which may be adopted respecting the
conduct of this business and conditioned also that the bond shall
be and remain for the benefit of any person or persons who shall have
received judgment against the dealer licensed under this section,
which damage shall be established by a judgment of a court of proper
jurisdiction. This bond shall contain the following language:
"The obligation of this bond shall, in addition to the City
of Bayonne, be and remain for the benefit of any person who shall
obtain a judgment against the obligor as a result of damage sustained
in operation pursuant to any license granted under this section."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
[Ord. No. O-15-40]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 4-24.5d of this section. Payments are to be made in the manner directed by the City Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. O-15-40]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in subsection 4-24.6 f and g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 4-24.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. O-15-40]
a.
Any person, partnership, Limited Liability Company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this chapter within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
d.
If any subsection, sentence, clause, phrase, or portion of this section
is for any reason held to be invalid or unconstitutional by a court
of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.
[Ord. No. O-15-40]
a.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one year prior to the holding of
the sale or which are incorporated as a not-for-profit corporation
by the State.
b.
Sales or purchases which are regulated by the licensing laws of the
State, including automobile dealers, used parts dealers and automotive
parts recyclers.
[1972 Code § 7-10.1]
As used in this section:
Shall mean any trailer equipped with a toilet, and shower
or bath tub.
Shall mean the automobile or tractor which hauled, towed
or transported a trailer to a camp or camp site.
Shall mean any vehicle used or constructed to be used, as
a conveyance upon public streets, whether self-propelled or otherwise,
and so designed as to permit occupancy for dwelling, sleeping or lodging
purposes, and non-self propelled vehicles of any kind whatever, constructed
and designed for the purposes aforesaid which may be moved, towed
or transported by motive power or by other means.
Shall mean any place, premises or property, other than a
closed building or public highway in or upon which a trailer may be
parked and shall also mean any place or property, other than a permanent
dwelling, in or upon which a person is permitted to sleep, lodge or
dwell.
[1972 Code § 7-10.2]
No person shall conduct or carry on the business of operating
a trailer park, nor shall any person directly or indirectly utilize
any place, premises or property as a trailer park unless and until
the Municipal Council grants a license.
[1972 Code § 7-10.3]
In addition to general requirements, the application for a license
under this section shall contain a metes and bounds description of
the premises or property upon which the trailer park is to be located
and a sketch or diagram of the property, the source of the water supply,
the location of the municipal sewer line and the maximum number of
trailers to be accommodated or parked within the trailer park.
[1972 Code § 7-10.4; Ord. No. O-12-02 § 3]
There shall be charged and collected for each license an annual
fee of $250, and $175 per calendar quarter per trailer or a portion
thereof. Quarterly payments shall be due and payable in accordance
with the following schedule:
a.
For the first calendar quarter (January, February, March), the payment
shall be due and payable not later than April 1.
b.
For the second calendar quarter (April, May, June), the payment shall
be due and payable not later than July 1.
c.
For the third calendar quarter (July, August, September), the payment
shall be due and payable not later than October 1.
d.
For the fourth quarter (October, November, December), the payment
shall be due and payable not later than January 1.
|
Payments not received on the due dates as specified above shall
bear interest at the same rate charged for delinquent local property
taxes. All fees and interest shall attach to and become a lien upon
the land.
|
[1972 Code § 7-10.5]
Beginning with the calendar quarter in which the license is granted, and continuing for each and every calendar quarter during the term of the license, each licensee shall file with the Tax Collector a report setting forth the number of trailers present for that quarter (or portion thereof), in accordance with the schedule of payments set forth in subsection 4-27.4 above. The report shall be on a form provided by the City of Bayonne, and shall accompany each quarterly payment.
[1972 Code § 7-10.7]
a.
It shall be unlawful for any person who owns, operates, occupies,
possesses or uses any trailer located in a trailer park to remove,
or permit to be removed, or cause to have removed, the wheels or any
similar transporting devices from any trailer or to otherwise permanently
affix the trailer to the ground or to build or construct any foundation
or enclosure thereunder that would prevent the ready removal without
first obtaining a permit to do so from the Construction Official.
b.
No trailer park shall be located, maintained or permitted within
any areas of the City in contravention of the provisions of the Zoning
Ordinance.
c.
Dogs shall not be permitted to run at large in trailer parks at any
time.
d.
No person who owns or operates a trailer park or who owns, occupies,
possesses or uses any trailer or tow vehicle located on the licensed
premises shall permit the premises, or any part thereof, or any trailer
or tow vehicle thereon to be used for illegal purposes.
e.
The licensed premises shall be subject to inspection at all times
by the Police, Fire and Health authorities of the City.
[1972 Code § 7-10.8]
a.
Vacant trailers not used for sleeping, lodging or dwelling purposes
and which are being offered for sale shall not be subject to the licensing
provisions of this section.
b.
Any trailer park used exclusively for the parking or storage of trailers
designed or used for the transportation of goods in interstate or
intrastate commerce shall not be subject to the provisions of this
section.
[1972 Code § 7-14.1]
No person shall deal in the purchase or sale of junk, old rope,
old iron, brass, copper, tin, lead, rubber, paper, rags, bagging,
slush or empty bottles, in large or small quantities without first
obtaining a license.
[1972 Code § 7-14.2; Ord. No. O-12-02 § 3]
The annual license fee for junk dealers shall be $250. Any junk
dealer operating one or more vehicles shall pay an additional $50
for each vehicle so used.
[Added 4-14-2021 by Ord.
No. O-21-21]
Notwithstanding the provisions of N.J.S.A. 39:4-56.6 or any
other law, a municipality may regulate, by ordinance, the nonconsensual
removal of motor vehicles from private or public property by operators
engaged in such practice, including, but not limited to, the fees
charged for storage for such removal, notice requirements therefor,
and the licensing of such operators. (N.J.S.A. 40:48-2.49) This section
shall set forth nondiscriminatory and nonexclusionary regulations
governing operators engaged in the business of removing and storing
motor vehicles for the purpose of municipal police towing.
[Ord. No. O-04-13 § 1; Ord. No. O-15-04; amended 4-15-2020 by Ord. No. O-20-27; 4-14-2021 by Ord. No. O-21-21]
a.
License Required. In compliance with N.J.S.A. 40:48-2.49, no person,
persons, partnership or corporation shall be eligible to engage in
the business of operating wreckers, tow trucks or related recovery
equipment for the purpose of municipal police towing within the City
of Bayonne without first obtaining a license as provided for herein.
b.
Application Procedure.
1.
Applicants for a license under this section must meet all the qualifications
set forth herein and shall file with the Municipal Clerk, in duplicate,
a sworn application in writing, on a form furnished by the Clerk,
which must contain the following information:
(a)
The full name and address of the applicant. If the application
is made by a corporation or a limited liability company, it shall
state the names and addresses of the registered office and the name
of the registered agent; if made by a partnership, the name and address
of each partner.
(b)
The year make and type of each tow truck and/or wrecker and
piece of recovery equipment to be used in the towing service and,
if applicable, its vehicle identification number, license plate number
and the name of the registered owner.
(c)
The address where tow vehicles and related equipment are regularly
garaged and stored and the telephone number(s), which shall be in
service and manned 24 hours per day, seven days per week.
(d)
The address of the garage and storage area to which vehicles
shall be towed and stored.
2.
The application for a license shall be accompanied by certificates of insurance for the required coverages set forth in Subsection 4-29.1c2, issued by a company in good standing and certified to do business in the State of New Jersey. Prior to execution of the license by the City, each licensee must provide policy endorsements pursuant to Subsection 4-29.1d3, naming the City as an additional insured, providing for primary and noncontributory coverage and providing for a written thirty-day notice of cancellation or nonrenewal to be delivered by certified mail, return receipt requested, to the City of Bayonne and the licensee 30 days prior to cancellation or nonrenewal.
3.
Each applicant shall execute an indemnification/hold harmless agreement
in the form provided by the Municipal Clerk, which form shall be attached
to the application for a license. The licensee is required to defend,
indemnify and hold harmless the City of Bayonne for liability from
any and all obligations, liabilities, judgments, claims and demands
for personal injuries and damages to property which may arise out
of the performance of nonconsensual municipal police towing exclusive
of the negligent acts of the City of Bayonne. The licensee shall defend,
indemnify and save harmless the municipality from all actions at law
for any infringements of patent rights of tools, equipment, apparatus
or methods used by him.
c.
Qualifications of Licensee.
1.
Each licensee shall meet the following standards and qualifications:
(a)
The licensee must have a garage and storage area located within
the City of Bayonne. For purposes of this section, "storage area"
is any lot, area or place, indoors or outdoors, wherein a minimum
of 25 motor vehicles towed from the City of Bayonne can be placed
and/or stored, which area is equipped with lighting, is surrounded
entirely by a fence adequate for the protection of vehicles, and is
in an area where storage of vehicles is a permitted use according
to the Zoning Ordinance of the municipality in question, or where
said use has been approved by the Zoning Board of Adjustment and/or
the Planning Board for the City of Bayonne. No outdoor storage area
is required.
(b)
A person retrieving his vehicle shall be able to transact all
business, including the pickup of the vehicle and payment of fees,
at the same location. Said location shall have a clean public bathroom,
a waiting room and access to a public or other phone. The towing office
shall be open and staffed and vehicles shall be available for pickup
at said location from 8:00 a.m. to 6:00 p.m., Monday through Friday,
and from 8:00 a.m. to 1:00 p.m. on Saturday, excluding holidays as
adopted annually by Municipal Ordinance. (See O-00-21.) Licensee shall
make provisions for after-hour pickup at all other times and must
respond within a reasonable time. Licensee may charge a fee of $75
for after-hour pickup. There shall be no additional charge if the
vehicle being retrieved must be brought from another location, or
the person retrieving the vehicle transported to the vehicle.
2.
The licensee must maintain the following insurance policies from
companies rated "A-" by any of the major rating companies (i.e., Fitch,
Moody's, Standard & Poor's, or A.M. Best) and approved by the
Department of Banking and Insurance and authorized to do business
in the State of New Jersey:
(a)
Workers' compensation insurance, in accordance with the requirements
of the law of the State of New Jersey.
(b)
General liability insurance including environmental pollution
liability coverage in an amount not less than $1,000,000 single limit/$2,000,000
combined limits to indemnify the municipality and the public against
any loss due to injuries, accidents or damage of any nature or character
whatsoever, when such damage is the result of any act or omission
of the licensee, his agents or employees, in the performance of or
due to the execution of the work to be performed in connection with
the license for nonconsensual municipal police towing.
(c)
Motor vehicle liability insurance with limits of not less than
$1,000,000 for each occurrence/$2,000,000 aggregate, for the death
of, or injury to, person(s) and damage to property.
(d)
"On-hook" coverage, either as an endorsement on the insurance required by Subsection 4-29.1c2(c) above or in the amount of $100,000.
(e)
Garage keepers primary liability insurance in an amount not
less than $100,000 for any one auto or $250,000 for any one loss.
(f)
Umbrella coverage with a limit of $2,000,000 per occurrence
in excess over the liability and garage keepers liability required
above.
(g)
Licensee shall provide the City with policy endorsement(s) naming
the City as an additional insured using these exact words: "The City
of Bayonne and its officers, directors, agents and employees are additional
insureds and are fully covered by the provisions of this policy of
insurance." All of licensee's insurance shall be primary and noncontributory
and contain waivers of subrogation as well as a provision that the
City be notified within 30 days of any notice of cancellation.
3.
The licensee must meet all the requirements incumbent of an operator
of a towing company set forth in Title 39 of the New Jersey Revised
Statutes, Motor Vehicle Rules and Regulations.
4.
The licensee must own or lease, and have in operation at all times,
certain equipment which shall be available to timely respond to a
location within the boundaries of the City of Bayonne when so dispatched
by the Bayonne Police Department. All vehicles shall be properly and
independently registered within the proper weight and class. Said
equipment shall include:
(a)
At least two light-duty tow trucks (up to 10,000 pounds).
(b)
At least one medium-duty tow truck (up to 26,000 pounds).
(c)
At least two heavy-duty tow trucks (a commercial manufactured
truck with wrecker body; minimum 26,001 pounds used to tow and recover
commercial type vehicles over 26,000 GVW). Licensee may contract with
a subcontractor for the provision of heavy-duty tow trucks, who shall
be on call 24 hours a day with such equipment.
(d)
One hydraulic flatbed car carrier.
(e)
One crane rotator. Licensee may contract with a subcontractor
for the provision of a crane rotator, who shall be on call 24 hours
a day with such equipment.
(f)
In addition to the vehicles required in the preceding paragraphs,
a flatbed trailer and truck (for the removal of heavily damaged trucks,
buses, etc.) with a gross vehicle weight (GVW) of 80,000 pounds. Licensee
may contract with a subcontractor for the provision of such equipment,
who shall be on call 24 hours a day.
(g)
An air cushion recovery system with a minimum of two air cushions.
Licensee may contract with a subcontractor for the provision of such
equipment, who shall be on call 24 hours a day.
(h)
A forklift for unloading cargo or cleaning up cargo spilled
on the roadway with a minimum rating of 7,000 pounds. Licensee may
contract with a subcontractor for the provision of such equipment,
who shall be on call 24 hours a day.
(i)
Equipment for jump starts, the changing of flat tires, and portable
heavy-duty lighting.
(j)
One large broom and shovel in each vehicle.
(k)
Steering wheel lock for towing vehicles from the rear.
(l)
Tow-sling type tow bar to prevent any part of the crane metal
from touching the towed vehicle.
(m)
Safety flares for night work.
(n)
All subcontractors referred to in this paragraph are subject to the same terms and conditions as a licensee. All licensees are required to provide a copy of any contracts or agreements with any subcontractors and to obtain and provide the required insurance endorsements, in favor of the City, set forth in Subsection 4-29.1c2 herein.
5.
The name, address and phone number of licensee shall be permanently
affixed and conspicuously displayed on each vehicle listed in this
section.
6.
Licensee must have available 24 hours a day, seven days a week, including holidays, at least three employees with commercial driver's licenses, and appropriate endorsements for operation of the equipment listed in Subsection 4-29.1c4, above. All operators shall wear a class 2 or class 3 reflective safety vest at all times while conducting towing and/or recovery operations.
7.
Licensee must maintain a telephone number where the licensee may
be reached 24 hours a day, seven days a week.
8.
Any person, company or corporation applying for a license under this
section must have maintained a towing business licensed in the State
of New Jersey for a minimum period of three years.
d.
Investigation of Applicant: Denial or Issuance of License.
1.
Upon receipt of an application for a towing license, the original
shall be referred by the Municipal Clerk to the Police Chief, who
shall cause to be made an investigation of the qualifications and
facilities of the applicant. The Police Chief shall also investigate
the driving record of the applicant and all persons employed by the
applicant as drivers or operators of towing vehicles and, as he deems
necessary for the protection of the public health, welfare and safety,
the moral character of the applicant.
2.
If, as a result of such investigation, the applicant's qualifications
are found to be unsatisfactory, or if it is found that the issuance
of a license to the applicant would present a danger to the public
health, welfare or safety, the Police Chief shall indicate his disapproval
on such application, and his reasons for said disapproval and shall
return the application to the Municipal Clerk, who shall notify the
applicant in writing that his, her or its application is disapproved,
the reasons for said disapproval and the applicant's right to a hearing.
3.
If, as a result of such investigation, the qualifications of the applicant are found to be satisfactory, and it is found that the issuance of a license to the applicant will not present a danger to the public health, welfare and safety, the Police Chief shall endorse his approval on the application, and return the application to the Municipal Clerk, who shall, upon payment of the prescribed fee and receipt of insurance policy endorsements set forth in Subsection 4-29.1c2, execute and deliver to the applicant a license which shall be posted at his place of business for public inspection.
e.
License Form.
1.
Any license issued pursuant to this section shall contain the signature
of the Municipal Clerk and the seal of the municipality and it shall
show the name and address of the applicant, the date of issuance and
the length of time it shall be operative.
2.
The Municipal Clerk shall keep a record of all licenses issued and
all complaints received, if any, concerning such licensee. The Municipal
Clerk shall send a copy of the license to the Bayonne Police Department
for filing.
f.
Duration of License, Annual Fee, Renewal.
1.
Each license issued shall be for a term of up to three years commencing
on the date of issuance and terminating on December 31 of the third
year or partial year after issuance. During the course of the contract,
should any information change, such as vehicles, operators, contact
information, etc., the licensee shall notify the Police Chief or his
designee, in writing, with seven calendar days of the change.
2.
The fee for a license shall be prorated according to the effective
date of such license and based on the term fee of $2,500, which shall
be paid to the Municipal Clerk.
3.
Any licensee who wishes to renew its license shall submit to the
Municipal Clerk an application for renewal of license, together with
the annual license fee, no less than 30 days prior to the expiration
date of the current license, which date shall be no later than December
1 of the third year or partial year following issuance of the license.
The application for renewal shall be on the same form as the original
application or other form prescribed by the City and shall be conspicuously
marked "Renewal."
g.
Licenses Nontransferable. The licensee shall not assign, transfer,
convey, sublet or otherwise dispose of the license to any other person
or legal entity. Violation of this provision shall constitute grounds
for cancellation of the contract and revocation of the license.
h.
Duties and Responsibilities of Licensee.
1.
The licensee shall be available 24 hours a day, seven days a week.
2.
The licensee, upon receiving a call for service from the Bayonne
Police Department, must respond to the scene within 20 minutes. If
there is no response within 20 minutes, the Bayonne Police Department
may notify another licensed tower to respond to the scene and cancel
the original tower. The Bayonne Police Department will have the discretion
to lessen the twenty-minute time period in the event of exigent circumstances
at the time of the incident. In the event another licensed tower is
called under this subsection, neither the City nor the vehicle owner/operator
will be responsible for any fees, costs or damages incurred or claimed
by the tower originally called, who failed to respond in time, regardless
of the circumstances for the failure to respond. If a licensee is
late or fails to respond three times within a thirty-day period, said
licensee shall be left off the rotation next proceeding its third
late or missed tow, and shall not be eligible for a tow assignment
during the entire week of said rotation.
3.
Broken glass and debris shall be cleaned and removed by the operator
of the wrecker/tow truck from the scene of an accident to which he
is dispatched. If the operator does not remove the debris from the
scene of the accident, he may be subject to a fine of not less than
$25 nor more than $50, as provided for by N.J.S.A. 39:4-56.8, and/or
liability for breach of contract.
4.
Under appropriate circumstances, and with due consideration for safety,
the licensee shall transport the driver of the vehicle to be towed,
at no additional cost to the owner of the vehicle, to the site to
which the vehicle is to be towed or other point of safety within the
City of Bayonne, at the discretion of the police officer at the scene.
5.
Vehicles shall be towed and stored in a safe manner so as to prevent
damage to such vehicles.
6.
The licensee shall be responsible for any valuables left in or on
motor vehicles in its custody. The licensee shall be responsible for
making an inventory of valuables in the presence of the operator or
owner and/or a police officer at the scene.
7.
The mandated towing and service rates shall be posted in a conspicuous
place at the licensee's facility including in the office.
8.
The licensee shall provide the Bayonne Police Department with the
following information on vehicles unclaimed over 10 days: the year,
make, color, vehicle identification number, state of registration,
registration number, name and address of owner (if available), and
the Police Department case number for the incident resulting in the
towing of the subject vehicle.
9.
All wreckers/tow trucks used and employed in towing of vehicles shall
be kept in a clean, good working condition.
10.
The storage and sale of abandoned vehicles will be governed by the
standards set forth in N.J.S.A. 39:10A-1 to 39:10A-7, and guidelines
developed by the Bayonne Police Department.
11.
All licensees shall be required to comply at all times with all state
and local laws.
12.
Licensee shall, when performing under this license, follow the lawful
directions of the officers of the Bayonne Police Department, agents
or representatives of the City of Bayonne.
13.
Upon request from the Bayonne Police Department, the licensee shall
remove abandoned truck trailers, roll-off dumpsters, or anything related
thereto, from the public right-of-way or public property and store
same at the licensee's yard. The City of Bayonne shall be responsible
for the reasonable disposal fees of the contents of any such trailer,
dumpster, or other related item.
14.
All employees, agents or other persons operating a tow or related
recovery vehicle on behalf of licensee shall keep in their possession
blank invoices or bills, which shall consist of a standard form provided
by the Police Chief or his designee, placed on licensee's letterhead
setting forth the licensee's name, business address and phone number.
Said employee, agent or other person shall prepare an invoice or bill,
in duplicate, by carbon copy or otherwise, the original of which shall
be furnished to the owner of the vehicle or such owner's authorized
representative prior to or upon release of the vehicle, with the copy
to be maintained by the licensee. The invoice or bill shall contain
the following information:
(a)
The full name, address, business telephone number and, if maintained,
the website or email address of the licensee.
(b)
The full name, address, phone number and email address, if available,
of the employee, agent or other person operating the tow vehicle on
behalf of licensee.
(c)
License plate number and issuing state of the tow vehicle utilized
by or on behalf of the licensee.
(d)
The full name, address, phone number and email address, if available,
of the registered owner of the vehicle to be towed.
(e)
The full name, address, phone number and email address, if available,
of the operator (if different from the registered owner) of the vehicle
to be towed.
(f)
Vehicle identification number (VIN) of the vehicle to be towed.
(g)
License plate number and issuing state of the vehicle to be
towed.
(h)
The time that the tow operator arrived on scene and the time
that the tow operator arrived back at the licensee's facility.
(i)
An itemized list of all services provided for which the towing
company is charging and the charge for each service.
(j)
Address of the place to where the vehicle will be or has been
towed and stored.
(k)
Explanation of what steps are necessary for owner to retrieve
the vehicle from the licensee's storage yard, including the times
of operation, the type of payment accepted, and the credentials required
to retrieve the vehicle.
15.
The licensee shall keep an accurate record, including, but not limited to, invoices or bills issued in accordance with Subsection 4-29.1h14 above, an itemized list of charges, pickup and dropoff locations, and any photographs of the scene or the vehicle, or other evidence supporting services and additional work performed. The record shall be kept and maintained for at least three years and shall be available for inspection by the Police Chief and/or his designee.
16.
No operator of a tower shall engage in cruising. Cruising is defined
as the practice of operating a tower to and from a public highway
or street at a slow rate of speed or in any other fashion calculated
for the obvious purpose of soliciting business along the highway or
street.
17.
Unless otherwise directed by the police officer(s) or other emergency
personnel on scene, including but not limited to employees of the
City of Bayonne, Hudson County, State of New Jersey, Port Authority
of NY and NJ, or other governmental agency, the owner or operator
of the vehicle subject to tow shall have the right to direct and designate
the location to which the vehicle shall be towed, except that no vehicle
that has been rendered nonoperational as the result of an accident,
due to a lack of credentials such as insurance or registration, or
otherwise, may be towed to or left on any public street or municipal
lot.
(a)
In the event that such owner or operator of the vehicle subject
to tow is incapacitated by reason of injuries or otherwise, and the
owner's authorized agent is not immediately available, the licensee
shall tow the vehicle to the approved storage location designated
on the licensee's application for a tower's license and set forth
on the invoice/bill provided to the owner or operator of the vehicle
subject to tow.
(b)
No licensee shall tow a vehicle to a place other than that which
is designated by the owner or operator of the vehicle or to the approved
off-street storage location designated by licensee on its license
application and set forth on the invoice/bill provided to the owner
or operator of the vehicle subject to tow.
18.
An operator of a tower shall not remove a motor vehicle involved
in a motor vehicle accident unless such vehicle has been released
by a duly authorized member of the Bayonne Police Department or other
law enforcement agency on scene.
19.
No licensee shall refuse to render towing and storage services to
a vehicle when duly summoned by the police or law enforcement agency,
and no licensee shall refuse to remove residual debris from the scene
of an accident pursuant to a police directive made in the interest
of public safety.
20.
No person holding a license issued pursuant to this section shall
use a shortwave radio (i.e., scanner) capable of operating on a frequency
assigned by the Federal Communications Commission for fire, police,
municipal or other governmental use.
21.
As a condition of receiving a tower's license under this section,
a licensee shall, at a minimum, arrange to accept payment by Visa,
MasterCard, American Express (without surcharges), cash and money
order. Personal checks or other methods of payment shall be left to
the discretion of the licensee. The licensee must provide an itemized
receipt, including licensee's name, address and telephone number,
listing all fees charged. The payment options available shall be posted
in a conspicuous place near the place of payment and shall be on the
rate schedule required to be given to the owner or driver of vehicles.
The wording and placement of the payment options shall be approved
by the Police Chief and/or his designee.
22.
Any violation of this section shall be grounds for suspension or
revocation after hearing pursuant to the procedures set forth herein.
i.
Denial, Suspension or Revocation of Licenses.
1.
Licenses issued under this section may be denied, suspended or revoked,
or the licensee may forfeit its eligibility for assignment in an upcoming
rotation, as determined by the Police Chief or his designee, from
time to time, for violations of any terms, conditions, procedures
or requirements of this section, violations of New Jersey state laws
including, but not limited to, laws governing abandoned and unclaimed
motor vehicles set forth at N.J.S.A. 39:10A-1 et seq., the Predatory
Towing Prevention Act set forth at N.J.S.A. 56:13-7 et seq., administrative
regulations set forth at N.J.A.C. 13:45A-31.1 to at 13:45A-31.10 and
other rules and regulations promulgated by the Director of the Division
of Consumer Affairs pursuant to N.J.S.A. 56:13-6 and N.J.S.A. 56:13-19,
any false statements or representations contained in the license's
application submitted by licensee, or for other good cause.
2.
Notice of hearing for denial, suspension or revocation of a license
shall be given in writing, setting forth the grounds of the complaint
and the time and place of hearing. Such notice shall be served personally
upon the licensee or mailed by registered letter to the licensee at
his last known address at least five days prior to the date set for
the hearing.
3.
In the event of a denial, suspension or revocation of a License,
the Police Chief shall report his findings and reasons therefor to
the Mayor and Council.
4.
Forfeiture of eligibility for assignment in an upcoming rotation
is de minimus and shall not be subject to hearing, although notice
of such forfeiture and the reasons therefor shall be given to the
licensee in writing.
j.
Appeal or Denial, Suspension or Revocation of Licenses.
1.
Any licensee aggrieved by the action of the Police Chief or the Municipal
Clerk in the denial, suspension or revocation of an application for
a license as provided in this section shall have the right of appeal
to the Municipal Council. Such appeal shall be taken by filing with
the Municipal Council within 14 days after notice of the action has
been mailed to the licensee's business address as set forth in its
application, a written statement setting forth fully all the facts
why the action of the Police Chief or Municipal Clerk was improper.
The Municipal Council shall set a time and place for hearing on such
appeal and notice of such hearing shall be given to the licensee in
the same manner as it was notified for the hearing of suspension,
revocation or denial of application as outlined above.
2.
The decision and order of the Municipal Council on such appeal shall
be final and conclusive.
[Ord. No. O-04-13 § 1; Ord. No. O-15-04; amended 4-15-2020 by Ord. No. O-20-27; 4-14-2021 by Ord. No. O-21-21]
a.
Use of Towers; Rotational Shifts.
1.
The Police Chief shall maintain a revolving list of licensed towers,
in alphabetical order, to provide services pursuant to this section
where and as needed and shall instruct all on-duty officers to call
the licensed towers on a rotational basis. One tower shall be assigned
per rotational shift. Each rotational shift shall be for a period
of one week commencing every Friday at 12:01 a.m. and ending the following
Thursday at 12:00 midnight. A licensee may forfeit its turn in a rotation
for violation of the provisions of this section as provided for herein.
2.
The Police Chief or his designee reserves the right, under extenuating
or emergent circumstances, to deviate from the rotational list of
licensees due to a specific type of equipment and/or expertise required,
or in the event of a large number of vehicles requiring towing, to
contact more than one licensed tower to respond to the scene. When
possible, but at the discretion of the Police Chief or his designee,
successive licensees appearing on the rotational list shall be called.
3.
Police or other emergency personnel on scene shall advise the owner
or operator of a disabled vehicle, whenever feasible under traffic
safety guidelines, that he or she has the right to call a tower of
his or her own choosing and direct said tower to remove the damaged
vehicle to a garage, storage area or other location of the owner or
operator's choosing. Any such alternate tower must respond in a reasonable
period of time as determined by the police officer or other emergency
personnel on scene. Vehicles that have been rendered nonoperational
as the result of an accident, due to a lack of credentials such as
registration, or otherwise, shall not be permitted to be left on public
streets or in municipal lots.
4.
In the absence of emergent or hazardous conditions, "reasonable time"
shall be a period not in excess of 20 minutes. The discretion of the
police officer involved at the scene shall be controlling as to a
determination of conditions requiring immediate removal of vehicles.
5.
No individual owner or operator of a wrecker shall respond to the
scene of an auto accident except upon notification by a police officer
or his designee or upon request of the driver or owner of the vehicle
involved.
b.
Towing Rates, Storage and Other Charges. All licensees shall be governed
by the following fee schedule when providing towing or other related
services pursuant to this section:
1.
The City of Bayonne herein adopts, in current form except as otherwise
provided in this section, the Maximum N.J. State Police Rates for
nonconsensual towing, storage and other charges, which have been approved
by the Attorney General, as shall be updated from time to time. The
Maximum N.J. State Police Rates are currently published by the Garden
State Towing Association, Inc., on its website, www.gsta.org and will
be provided to each licensee by the Police Chief or his designee,
to be effective upon delivery. Notwithstanding the fee schedule, licensees
shall not charge on-hook mileage fees for tows within the City limits.
2.
The City of Bayonne and licensee acknowledge that the Maximum N.J.
State Police Rates do not address certain circumstances where additional
services may be required. Accordingly, Schedule A[1] annexed to this section sets forth permissible fees that
licensee may charge for additional services not contemplated or clearly
set forth in the Maximum N.J. State Police Rates.
[1]
Editor's Note: Schedule A, Approved Additional Tow Charges, is included as an attachment to this chapter.
3.
All fees are chargeable once services are rendered. A copy of the
tower's receipt shall be available to a department representative
immediately upon completion of every tow, regardless of whether the
impounded vehicle is to be stored by the Bayonne Police Department
or the tower.
4.
Permissible hourly charges for services shall commence when the tower
arrives at the scene and end when the tower arrives at the storage
facility. The times of arrival on the scene and at the facility shall
be noted on the invoice or bill required to be prepared by licensee
in accordance with this section.
5.
If the owner of an unattended vehicle appears on the scene and the
vehicle does not need to be towed or impounded, the licensee shall
not charge for the service call unless the vehicle has been hooked
up to the tow truck. In the event the vehicle has been hooked up,
the tower shall release the vehicle and be entitled to charge a decoupling
fee as set forth in the adopted fee schedule.
6.
On any occasion that the ranking officer on scene deems an incident
to be a hazard or emergent in nature, said officer is empowered to
direct the licensee to respond to the scene of said incident and to
take the appropriate action to ensure the public safety and welfare.
The owner/operator of the involved motor vehicle will be advised at
the time of the incident that the motor vehicle will be impounded
at the scene at police direction and stored until the appropriate
payment for the directed services are paid to the licensee.
7.
Towing service to a location other than the licensee's storage area,
when requested by the motor vehicle owner or driver, shall be at a
rate agreed upon by both the licensee and motor vehicle owner or driver.
8.
If an individual should respond to the location where the towed vehicle
is being held with proper credentials for the release of the vehicle
within two hours of the tow, licensee shall not charge a storage fee.
A day shall be calculated as a calendar day or any part thereof in
excess of the initial two hours.
9.
No vehicle shall be released from storage by the licensee unless
licensee first verifies the hold/no hold status of the vehicle with
the Traffic Unit or based on information provided by the Traffic Unit.
No vehicles with a "hold" status shall be released without written
authorization from the Bayonne Police Department. Vehicles under a
"no hold" status may be released upon licensee's receipt of and satisfaction
with proper owner and vehicle identification including a valid driver's
license, registration and insurance card provided by the party seeking
release of a vehicle. Any individual other than the owner seeking
release of a vehicle must additionally provide written authorization
signed by the owner and notarized. In some cases, consistent with
New Jersey law, a vehicle may be released to a tow operator for purposes
of towing the vehicle from licensee's place of business absent registration.
10.
Fee cards and/or fee schedules conspicuously indicating the maximum
rates for towing and storage of a vehicle within the municipality
shall be kept in the possession of the drivers of all tow trucks/wreckers
and, if possible, presented to the driver or owner of any vehicle
to be towed prior to the rendering of services by the tower.
c.
Towing Services to the Municipality.
1.
All licensees shall be obligated to tow and to make minor roadside
service repairs to vehicles owned by the City of Bayonne and/or its
related entities in the event they become disabled, without charge
to the City, except for a fee of $25 per tow within City limits and
$150 plus mileage per tow outside City limits.
2.
All licensees shall be obligated to perform "emergency relocates"
of motor vehicles, the movement of a vehicle from a street spot to
a street spot, upon the determination by the Police Department that
such a relocation is necessary to correct an emergency situation.
The towing company may assess a fee of $75, billable to the entity
requesting the relocation.
3.
Licensees shall be obligated to provide towing services at the police
facilities containing impounded vehicles for the purpose of transferring
and relocating impounded vehicles and making blocked vehicles accessible,
upon request and without charge to the City. The City will use its
best efforts and implement measures to maximize efficiency and minimize
the time and frequency that licensee spends providing such services.
d.
Payment. All fees and charges billed by any licensee shall be paid
by the owner or operator or any person, firm or corporation claiming
the right to possession of any vehicle towed and/or stored by the
licensee pursuant to the terms of this section. The municipality shall
not be liable for the payment of any sum to the licensee which may
be due on account of such towing or storage except as follows:
1.
For all vehicles impounded and towed by licensee to the City's police
pound or other location owned and maintained by the City, the City
shall pay licensee a minimum fee in the amount of $150 plus any additional
fees charged in accordance with the Maximum N.J. State Police Rates
and Schedule A at such time as the vehicle is sold at auction. The
City will offer the vehicle for sale at auction at a minimum bid price
that is equal to the licensee's properly charged fees. The City may,
in its sole and absolute discretion, fix a starting bid price that
exceeds the licensee's fees including storage fees. All charges and
fees collected by the Police Department at the time of release, sale
or retention of any vehicle in excess of the licensee's fees shall
be retained by the City and applied as required under New Jersey law.
In the event there is no successful bidder after the first auction,
the City may, in its sole and absolute discretion, pay licensee its
properly charged fees or, in lieu of payment, transfer possession
of the vehicle to licensee in the same manner it would to a successful
bidder, in full and final satisfaction of all fees or other claims
by licensee.
2.
The licensee shall provide to the Police Chief or his designee an
itemized report on the 10th day of each month, setting forth all vehicles
towed for the purpose of municipal police towing during the preceding
month. For example, on February 10 licensee will provide a report
reflecting all vehicles towed to the City from January 1 through January
31. The City shall have the right, in its sole and absolute discretion,
to conduct auctions of all vehicles towed pursuant to municipal police
towing practices that are not released to their owners within the
applicable time periods under New Jersey law.
e.
Prohibited Activities.
1.
The practice of cruising with a tow truck is forbidden. Furthermore,
no licensee or one acting on his behalf or for his benefit shall pay
any remuneration to any third person not involved in the accident
or to any police officer for information as to the location of any
accident or soliciting the employment of the licensees for any accident
or soliciting the employment of the licensees service, nor shall a
licensee or one acting on his behalf give any gratuities, fees, or
other compensation or gifts to any members of the Police Department
or any other City employee.
2.
No solicitation for automobile repairs shall be made by a licensee
at the scene of an accident or within 48 hours of the release of the
automobile owner or operator from any hospital.
3.
A licensee shall have no connection, directly or indirectly, in any
way, with the business of another licensee.
4.
No licensee shall share storage facilities, office space, telephone
or any other business facility or equipment with any other licensee.
5.
No licensee shall rent or lease any facilities or equipment required
herein from any other licensee.
6.
No licensee shall engage in predatory towing practices in violation
of the Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq.,
or other applicable law, code, rule or regulation.
[Ord. No. O-04-13 § 1;
amended 4-15-2020 by Ord. No. O-20-27; 4-14-2021 by Ord. No. O-21-21]
The governing body hereby designates the Bayonne Police Department
generally and Police Chief in particular as its agents to supervise
the enforcement of the terms and provisions of this section and the
rules and regulations adopted hereunder.
[Ord. No. O-04-13 § 1;
amended 4-15-2020 by Ord. No. O-20-27; 4-14-2021 by Ord. No. O-21-21]
This section shall not apply to towers not providing towing
service for the Bayonne Police Department.
[Ord. No. O-04-13 § 1;
amended 4-15-2020 by Ord. No. O-20-27; 4-14-2021 by Ord. No. O-21-21]
Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to the penalty provision set forth in § 1-5 of the Revised General Ordinances of the City of Bayonne; and may be subject to imposition of penalties pursuant to N.J.S.A. 56:13-5.
[Ord. No. O-21-13, 3-17-2021; amended 4-20-2022 by Ord. No. O-22-15]
The regulations of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities, including the Cannabis Regulatory Commission. If any provision of this section is inconsistent with state statutes and/or regulations, the state statutes and/or regulations shall prevail. See Chapter 39, Recreational Cannabis.
Editor's Note: Prior Subsections 4-30.1 through 4-30.5 were
repealed 4-20-2022 by Ord. No. O-22-15. History includes Ord. No. O-21-13.
