[Ord. No. 77:3; Ord. No. 87:24 § 1]
The purpose of this section is to provide regulations for various
types of burglar and fire emergency alarm devices, whether being direct
line, radio, telephone or other means activating a device to the Borough
Police Headquarters including contracts for citizens which would require
response thereto by the Police Department, Fire Department or other
municipal agency.
[Ord. No. 77:3; Ord. No. 87:24 § 2; Ord. No. 90:2 § 1]
The provisions of the section shall apply to any person who
operates, maintains or owns any alarm device or local alarm system
designed to summon the Fire, Police Department or other municipal
agency to any structure in response to any type of alarm signal.
[Ord. No. 77:3; Ord. No. 87:24 § 3; Ord. No. 90:2 § 2]
As used in this section:
Shall mean any type of alarm system actuating equipment in
the alarm, providing warning of intrusion, fire, smoke, flood or other
peril.
Shall mean any alarm device or combination of devices installed
for one or more buildings at a location other than the alarm monitoring
system.
Shall mean the system of scanning alarm monitoring devices
and displays coupled with a programmed computer giving visual and
audible signals and data printed in response to an alarm device.
Shall mean and include but not be limited to, prerecorded
requests or systems telephonically transmitted to the Police Department,
requests for assistance made by alarm services, mechanical requests
for assistance transmitted to the police desk and contacts from citizens
claiming an alarm to be sounding.
Shall mean and be limited to a member of the Borough Police
Department.
Shall mean that type of device using telephone lines transmitting
an alarm directly to the alarm monitoring system.
Shall mean any contact with the Borough Police or Fire Department
generated by a mechanical device or alarm service or contacts from
citizens claiming an alarm to be sounding, requiring the response
of an emergency unit to a structure where no need for an emergency
service is found.
Shall mean the person obtaining the license to maintain the
alarm monitoring system as hereinafter set forth.
Shall mean any alarm or device which, when actuated, produces
a signal not connected to the alarm monitoring system, such as a store
burglar alarm actuating bell devices or any type of audio noise.
Shall mean any person owning an alarm device or a local alarm
within the scope of this section.
Includes any natural person, partnership, corporation or
association.
Shall mean the owner or lessor of the alarm device generating
a false alarm.
[Ord. No. 77:3]
a.
There is hereby established a police alarm monitoring license which shall be granted by the Mayor and Council upon recommendation of the Chief of Police and Fire Department as set forth in subsection 4-1.5 of this section. Any such licensee shall have exclusive use and control of the alarm monitoring system except for use by the Borough Police Department, and such licensee will be responsible, at no cost to the Borough, for the establishment, construction, maintenance and management of the system containing equipment and being of a design approved by the Police Chief.
b.
All alarms existing as of the date of the adoption of this section,
except dial alarms, shall be connected hereunder to the alarm monitoring
system by the licensee.
c.
The licensee shall be permitted to charge subscribers a fee, to be
set by the Mayor and Council by resolution.
d.
Except as provided in subsection 4-1.8 of this section, any license issued hereunder shall be for a term of five years from the date of approval. Such licensee shall post with the Borough Clerk a performance bond in the amount of $5,000, noncancellable without notification to the Borough, guaranteeing performance of the obligation of the licensee for five years and ensuring maintenance of the monitoring system during the period when such license is in force.
[Ord. No. 77:3]
a.
Any person who owns or maintains an alarm device shall obtain a permit
upon making application in writing to the Chief of Police, which application
shall contain at least the location of the device, the name of the
installer of the device, the type of device, provisions relating to
false alarms and testing procedures, a list of persons to be contacted
in the event of an alarm and other information as may be required
by the Chief of Police.
b.
There shall be no charge or fee for such permit.
c.
Any permit granted hereunder shall be accepted upon the express condition
that the permittee shall indemnify and hold the Borough harmless from
and on account of any and all damages arising out of the activities
of the permittee, its alarm contractor or the alarm monitoring system
licensee.
[Ord. No. 77:3]
The Mayor and Council may by resolution establish rules and
regulations for hooking up to the municipal alarm console at the Police
Headquarters.
[Ord. No. 87:24 § 4; Ord. No. 89:13 § 1; Ord. No. 92:12 § 1]
a.
In the event an alarm system is activated under conditions heretofore
defined as false alarm, the Chief of Police shall cause an investigation
to be made and keep a record of the instance on file, noting the date,
time and location of the false alarm.
b.
When it is determined by the Chief of Police that a false alarm has
occurred in any given calendar year, a warning for each such false
alarm shall be issued by the Chief of Police to the owner, user or
maintainer of the alarm system as follows:
In the event of a fourth false alarm in the same calendar year,
a summons will be issued citing a violation under this section.
Not more than one warning shall be issued in a 24 hour period.
[Ord. No. 77:3; Ord. No. 87:24 § 5; Ord. No. 89:13 § 1]
a.
Any person who pleads guilty or is found guilty after trial in the
Borough Municipal Court for violation of a false alarm after the fourth
occurrence in the same calendar year shall be fined $50. The person
who pleads guilty can indicate the plea on the back of the summons
and mail it with the penalty to the Clerk of the Municipal Court in
lieu of a personal court appearance.
b.
Any further violations in the same calendar year shall mandate the
appearance of the violator in the Municipal Court and may subject
the violator to a penalty of up to a maximum of $200 within the discretion
of the Municipal Judge.
[Ord. No. 69:11]
Every person, firm or corporation engaged in the business of
constructing, erecting, altering, repairing, restoring, re-roofing,
residing, moving or demolishing the whole or any part of structures
or the appurtenances thereto, or swimming pools, or erecting or altering
signs within the Borough shall be required, before undertaking the
construction, erection, alteration, addition, repair, restoration,
reroofing, residing, moving or demolition of any structure or swimming
pool or sign for which a permit is required by this section, to register
the name of such person with the Building Department.
The owner or occupant of a structure or premises applying for
a permit required by this section shall not be required to register
provided that he intends to do and supervise his own work.
[Ord. No. 69:11; Ord. No. 90:13 § 2]
Applications for the registration of contractors shall be submitted
to the Code Enforcement Officer upon appropriate forms supplied by
the Code Enforcement Officer and shall include, in addition to any
information the Code Enforcement Officer may deem necessary, a statement
giving the name or corporate or firm name of the contractor and, in
the case of a firm, corporation or partnership, the name and address
of the principal officer or member of the firm, corporation or partnership.
The application shall also contain the number of years the person
has been in business or in existence at the current location or any
prior locations, including the address of such prior locations, if
any. Additional information required shall include the name of the
insurance carrier and the amount of public liability insurance and
the name of the insurance carrier providing the required statutory
amount of workmen's compensation insurance. Each registration may
be renewed annually upon the submission of a new application pursuant
to this section and the payment to the Borough of a fee of $30. No
application for renewal shall be necessary if there have been no changes
in the previous application for registration.
[Ord. No. 69:11; Ord. No. 90:13 § 1]
[Ord. No. 69:11]
For the purposes of this section, there shall be the following
classes of registration.
a.
General Contractor. A contractor who is proficient in the construction
of a structure from start to finish and the alteration, addition to
or repair of any structure. The contractor shall be equipped to handle
such work either by and through his own organization or appropriate
subcontractors and, in the latter event, must be completely responsible
for his subcontractor's work.
b.
Contractor. A contractor who is proficient in the construction of
a structure from start to finish and the alteration, addition to or
repair of any structure. The contractor shall be equipped to handle
such work by and through his own work or his own organization or employees.
c.
Roofing and Siding Contractor. A contractor who is proficient in
the applying of roofing and siding materials to existing or new structures.
d.
Demolition Contractor. A contractor who is proficient in the demolishing
of any structure in whole or in part.
e.
Moving Contractor. A contractor who is proficient in the moving of
any structure.
f.
Sign or Billboard Contractor. A contractor who is proficient in the
erection, alteration or maintenance of signs or billboards.
g.
Miscellaneous Contractor. A contractor who is proficient in work
of a special character, including, but not limited to, swimming pool
construction, as determined by the Code Enforcement Officer.
[Ord. No. 69:11]
If any person, firm or corporation registered under the provisions
of this section shall fail in the execution of any work, for which
a permit is required by this section, to comply with the provisions
of the Building Code and the Borough Code relevant to the construction,
erection, alteration, repair, restoration, residing, reroofing, moving
or demolition of any structure or swimming pool or sign or part thereof,
the Code Enforcement Officer shall cause a notice of violation to
be served upon such person or the principal member or officer of any
such firm or corporation. The notice shall be served personally upon
such person, firm or corporation by delivering same personally at
the address set forth in the registration or by mailing to such person,
firm or corporation certified mail, return receipt requested, at the
address listed in the registration, setting forth the violation. In
the event the contractor so cited fails to correct the defect of which
he has been notified within a period of 10 days, the Code Enforcement
Officer shall certify this failure to the Mayor and Council who may
then strike the name of such registrant from the list of contractors
in the Borough and the registration of the person shall be revoked.
The Mayor and Council shall cause notice of the violation to be published
in an official newspaper of the Borough.
[Ord. No. 69:11]
Any person, firm or corporation whose registration has been revoked under the provisions of subsection 4-2.5 of this section may reregister and have his or its name reentered upon the registration list upon filing with the Building Department a certificate approved by the Code Enforcement Officer to the effect that all violations for which the registration was revoked have been corrected or are nonexistent, and upon the payment of the fee prescribed by subsection 4-2.3 of this section.
[Ord. No. 69:11; New]
[Ord. No. 2001:15]
No person shall, within the limits of the Borough of New Milford,
engage in any contracting services of any nature, or hire an individual
or entity to engage in any contracting services of any nature, where
such services are to be performed on Sunday. This restriction shall
not apply to work being performed by a homeowner on his/her own residence,
nor to work performed to effectuate emergency repairs.
[Ord. No. 81:6]
Licenses for games of chance, including bingo and raffle licenses,
are hereby authorized to be issued covering operations of the games
on Sunday under the authority of N.J.S.A. 5:8-31 and 5:8-58.
[Ord. No. 2001:20; Ord. No. 2004:06; Ord.
No. 2006:13]
Any person or organization seeking a license to sell raffle
tickets shall file an application for same with the Borough Clerk.
Said application will be filed together with the fee designated below.
All licenses issued pursuant to this subsection shall expire on December
31 of each year. The fee schedule shall be as follows:
a.
Bingo – $20 for each occasion on which any game or games of
bingo are to be conducted under the license.
b.
On-premises draw raffle for cash 50/50 or merchandise valued greater
than $400 – $20 for each day on which a drawing is to be conducted
under the license; valued less than $400 – no fee. If the raffle
should exceed $400, then $20 at the time of filing report of operations.
c.
Off-premise draw raffle awarding merchandise as a prize for each
$1,000 of merchandise, or part thereof – $20.
d.
Off-premise cash 50/50 raffle – $20 at the time of application.
If more than one thousand ($1,000.00) dollars is awarded in prizes,
then $20 per $1,000 in awarded prizes, or part thereof.
e.
Carnival games or wheel – $20 for each game or wheel held on
any one day, or any series of consecutive days not exceeding six days
at one location.
f.
Calendar raffle – $20 for each $1,000, or part thereof, of
the retail value of the prize.
g.
Instant raffle – $20 per day, but no more than $150 per year.
h.
Golf Hole-in-One – $20 per $1,000, or part thereof, of the
retail value of ancillary prizes.
i.
Armchair Race – $50 per licensed day of operation.
j.
Casino Night – $50 per occasion.
[Ord. No. 2001:20]
Each application for such a license shall include:
a.
A signed and verified statement of the name, telephone number and
address of the applicant.
b.
Documentation to prove that it is a bona fide organization or association
of veterans of any war in which the United States has been engaged,
or a church or a religious congregation or religious organization,
or a charitable, educational or fraternal organization, or a civic
or service club, or a senior citizen association or club, or an officially
recognized volunteer fire company or an officially recognized volunteer
first aid or rescue squad.
c.
A disclosure of the names, telephone numbers and addresses of officers
of an applicant who is a corporation and registered agent designated
to accept service of process.
d.
Identification of the specific kind of raffle or raffles intended
to be held, the place or places, the date or dates and the time or
times when such raffle or raffles are to be held and the certification
number assigned.
e.
A list of the expenses to be incurred or paid in connection with
the holding of such raffle or raffles.
f.
A list of the names and addresses of the persons to whom they are
to be paid.
g.
A statement of the specific purposes to which the entire net proceeds
of such raffle are to be devoted.
h.
A certification that no commission, salary, compensation, reward
or recompense will be paid to any person for holding, operating or
conducting said raffle unless said person is a member of or authorized
by the Legalized Games of Chance Control Commission.
i.
A certification that no prize will be offered and given in excess
of the following schedule:
1.
Off-premises draw raffle – $100,000 per raffle and $500,000
annually per licensee.
2.
Non-draw raffle in the form of a carnival wheel or game – $500
per prize.
3.
Instant raffle – $500 per prize.
4.
Calendar raffle – $25,000 per calendar.
5.
Hole-in-one contest one million ($1,000,000.00) dollars for a hole-in-one
and five hundred ($500.00) dollars per ancillary prize, unless said
ancillary prize is wholly donated, then $1,000.
j.
A description of the value and character of the prizes which are
to be given.
k.
Designation of an active member of the applicant under whom the raffle
is to be held.
l.
A covenant that the applicant and the member identified in paragraph
k above, will be jointly and severally responsible for the holding,
operation and conduct of such raffle or raffles in accordance with
the terms of the license.
m.
A representation that the entire net proceeds of such raffle are
to be devoted to educational, charitable, patriotic, religious or
public-spirited uses, and, in the case of senior citizen associations
and clubs, to the support of these organizations.
n.
A statement that the applicant or the individual identified in paragraph
k above is of good moral character and has never been convicted of
a crime.
o.
A certification that no prize offered shall consist of real estate
or any interest therein; bonds; shares of stock; securities or evidence
of indebtedness; weapons; live animals; alcoholic beverages; foreign
or domestic coins, except collector pieces or sets that are marked
as such and are clearly not intended for use as legal tender; tobacco
products; motor vehicle leases; or any merchandise refundable in any
of the foregoing or in money.
p.
Disclosure of the location of the game and the name and address of
the landlord of said premises.
[Ord. No. 2001:20; Ord. No. 2017:05]
The Borough Clerk is hereby designated as the "issuing authority" pursuant to N.J.A.C. 13:47-1.1 and is authorized and directed to issue licenses as permitted by law. Within 10 days of the filing of a complete application, the Borough Clerk, on behalf of the Mayor and Council, shall make an investigation of the application to confirm that the applicant meets the requirements of subsection 4-3.3 paragraphs a through p. If the application is deemed compliant the Borough Clerk shall issue the license.
[Ord. No. 2001:20]
Each license shall contain a description of the kind(s) of raffle authorized to be held; a statement of the names and addresses of the licensee and of the individual identified in subsection 4-3.3k under whom such raffle will be held; a statement of the number of times and the hours during which such raffle or raffles are authorized to be conducted, and the place(s) where, and the date(s) and time(s) when, such raffle(s) are to be conducted and of the specific purposes to which the entire net proceeds are to be devoted; and a statement of the value and character of the prizes authorized to be offered and given. Said license shall be conspicuously displayed at the place where any raffle is to be conducted at all times during the conduct thereof.
[Ord. 81:13; Ord. No. 84:13 § 2]
This section is enacted for the purpose of raising revenue,
the prohibition of loitering and the regulation and control of automatic
amusement games of the type first mentioned.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
No automatic amusement games of the type generally and commonly
known and designated as baseball, football, pinball amusements, or
video games or any similar machine or device shall be operated or
maintained in any public or quasi-public or in any building, store
or other place wherein the public is invited or wherein the public
may enter, unless the owner, manager or proprietor shall have first
obtained a license to maintain and operate the games, machines or
devices.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
The licenses for the placing, operation, maintenance or use
of such amusement machines or devices mentioned aforesaid shall be
issued by the Borough Clerk to the owner, manager or proprietor of
the premises on or in which the machines are to be placed. The following
information shall be provided to the Borough Clerk:
a.
Name, address, and signature of the applicant and if other than an
individual, the name, address and signature of an individual to be
responsible for the information provided in the application and for
the proper operation of the machine for which the license is sought.
b.
Residence of applicant.
c.
Name and nature of business conducted by applicant on the premises
for which the license is sought.
d.
Address of the premises where machine will be in use.
e.
Name and nature of machine to be licensed.
f.
Manufacturer's serial number of machine or the description of such
machine if it has no serial number.
g.
The criminal record of any individual applicant, if available, each
partner of any partnership applicant and each stockholder of any corporation
application owning 10% or more of the capital stock of the corporation.
h.
The number of other licensed machines on the premises at which the
machine will be located and the license number of each.
i.
A scale drawing of the room in which the machine will be located
showing the location of the proposed machine.
j.
Name and address of the person owning the machine.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
Every application for a license when complete shall also be
delivered to the Code Enforcement Officer who shall within one week
after receipt by him investigate the premises, upon which the license
is requested, to insure that there is sufficient clear space around
the amusement machines, that there is sufficient ingress and egress
from the area, and he shall thereafter forthwith transmit the report
of such investigation to the Borough Clerk.
[Ord. No. 81:13, Ord. No. 84:13 § 2]
The annual license fee shall be paid in advance to the Borough
Clerk and shall be $100 for each amusement game, device or machine.
All licenses issued pursuant to this subsection shall expire on December
31 of each year, and no deduction shall be made for parts or portions
of the year for which the license is used.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
No license issued under this section shall be assigned. A licensee
may transfer the license to another location, operated by such licensee,
upon notifying the Borough Clerk of such change, who shall thereupon
change upon the license the location of the premises licensed.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
Any license issued under the provisions of this subsection,
after hearing, may be revoked by the Mayor and Council for the violation
of any of the provisions of this or any other municipal ordinance,
or State or Federal law, rule or regulation, or for falsification
on the application for the license. A hearing upon any charges shall
be held within 20 days of the notice of such charges.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
No license shall be issued to install, display, use, operate
or maintain any coin-operated amusement device at any location the
entrance of the subject building which is a distance of four hundred
(400') feet or less from any public or private school.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
No machine or device as aforementioned, which is a machine or
device, firm or corporation commonly known as a payoff machine, shall
be used, operated or maintained.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
It shall be a violation of this section to permit a minor under
the age of 18 years to play or operate such machines as before mentioned.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
No more than five machines or devices of the type or types herein mentioned shall be permitted to be used or operated as an accessory use in one place, location or premises without application to the Planning Board as a conditional use, pursuant to subsection 30-28.13.
[Ord. No. 81:13; Ord. No. 84:13 § 2]
This section shall not apply to any machine or machines of the
type as mentioned above which are used both in a private dwelling
and for which no charge for operating the machine or machines are
made.
[Ord. No. 81:13; Ord. No. 84:13 § 2; New]
Any person or persons in charge, permanently or temporarily of any premises, store or any building who shall permit the machine or machines to be operated, maintained or used upon the premises, store or building without a license having been obtained for the machine or machines or who shall violate any other subsection of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[1968 Code § 68-1]
No person or persons, firm, association, club or corporation
shall maintain, operate, conduct or pursue the business or occupation
of keeping any public room or place wherein the games commonly known
as pool or billiards are played, without having first obtained a license
therefor from the Mayor and Council as hereinafter provided.
[1968 Code § 68-2]
An application for a license shall be filed with the Borough
Clerk, on forms to be furnished by him, which forms shall require
to be included the following information:
a.
The name and address of the applicant.
b.
In the case of a partnership, it shall state the names and addresses
of all partners.
c.
In the case of a corporation, it shall state the names and addresses
of the officers, directors and all stockholders presently holding
stock, and all who, for six months prior to the making of the application,
have been officers, directors or stockholders.
d.
In the case of clubs or associations, it shall state the names and
addresses of all officers.
e.
Whether or not the person or persons named in the application have
ever been convicted of a violation of any Federal, State or municipal
law.
f.
The location of the premises to be licensed.
g.
The number of pool tables and billiard tables to be located upon
the premises to be licensed.
[1968 Code § 68-3]
All licenses herein provided for shall be issued by the Borough
Clerk only after a resolution of the Mayor and Council shall have
been adopted approving said application, and only after the payment
of the license fee herein provided for. All such licenses shall be
valid from February 1 of the year in which the license is issued,
until January 31 next after the same is issued, unless sooner revoked.
[1968 Code § 68-4]
Such license shall bear the date of issue, the name of the licensee,
the purpose for which issued and the location of the room or building
wherein the licensee is authorized to carry on and conduct any such
business. Such license shall not be transferable by the holder to
any other person or persons, firm, association or corporations but
such license may be transferred by the holder to another address,
provided that the licensee shall make written application for such
transfer to the Borough Clerk and such transfer is approved by resolution
of the Mayor and Council.
[1968 Code § 68-5]
The annual fees to be paid for such license are hereby fixed
as follows:
[1968 Code § 68-6]
a.
The Mayor and Council may suspend or revoke the license of any licensee
on any one or more of the following grounds:
1.
Conviction of any crime involving moral turpitude.
2.
If the license was procured by fraudulent conduct or false statement
of a material fact or if a fact concerning applicant was not disclosed
at the time of filing the application where such fact would have constituted
just cause for refusing to issue said license.
3.
Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals.
b.
In all such cases, written notice of the charge or charges and the
time and place of hearing thereon shall be served on the licensee,
either in person or by certified or registered mail addressed to the
licensed premises. No revocations or suspension shall occur unless
the licensee shall have been afforded an opportunity to be heard in
his defense.
[1968 Code § 68-7]
In the event any license is suspended or revoked, the licensee
shall not be entitled to a return of any portion of the license fee.
[1968 Code § 68-8]
Any premises which shall be declared to be unsafe by the written
report of the Code Enforcement Official, or a fire hazard by the written
report of the Fire Inspector, shall be deemed to be ineligible for
a license.
[1968 Code § 68-9]
No license shall be issued for the operation of any pool or
billiard room which is located within one thousand two hundred fifty
(1,250') feet of any school, church or publicly owned building.
[1968 Code § 68-10]
The hours of operation of such pool or billiard rooms shall
be between 9:00 a.m. and 2:00 a.m., prevailing time.
[1968 Code § 68-11]
No licensee shall knowingly allow a minor under the age of 16
years, unaccompanied by a parent or guardian, to play pool or billiards
on the licensed premises or to frequent or lounge or congregate or
gather in such room or place.
[1968 Code § 68-12]
In no event shall cardplaying be permitted on premises licensed
under this section, even if such cardplaying is for social purposes.
[1968 Code § 68-13]
All premises in which the games of pool or billiards are played
shall be on the street floor of any building and shall be so arranged
and shall be so lighted that a full view of the interior may be had
from the public thoroughfare or from adjacent rooms to which the public
is admitted at all hours.
[1968 Code § 68-14]
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.
[1968 Code § 68-15]
There shall be conspicuously posted and displayed in any premises
licensed under this section:
[1968 Code § 68-17]
[1968 Code § 60-1]
No person, firm or corporation shall maintain or operate any
miniature golf course or game of a similar nature as a business, within
the limits of the Borough, without first obtaining a license therefor.
[1968 Code § 60-2]
Application for licenses shall be made to the Mayor and Council
by the owner or tenant of the property on which it is intended to
operate the miniature golf course or other game, and such application
shall be accompanied by a survey showing the dimensions of the property
on which the same is to be operated, together with a description of
the proposed plan for lighting the property.
[1968 Code § 60-3]
The license fee shall be $50 for each miniature golf course
or other game of a similar nature, and the license shall expire on
December 31 in the year in which it is issued.
[1968 Code § 60-4]
No miniature golf course or other game of a similar nature shall
be located anywhere within the limits of the Borough except in a business
or industrial district as shown upon the Borough Zoning Map. Businesses
operating miniature golf courses or games of a similar nature shall
close at 11:00 p.m. and shall remain closed until 8:00 a.m. the following
morning. The Mayor and Council may extend the hour of closing to not
later than 12:00 midnight upon application therefor by any licensee
and after hearing the applicant and any or all persons objecting to
the extension. No license shall be permitted to an extension of time
for closing where, in the opinion of the Mayor and Council reasonable
objections thereto have been made by persons residing or owning property
in the immediate vicinity of the golf course.
[1968 Code § 60-5]
Whenever any complaint in writing concerning the operation or
conduct of the business referred to herein shall be made to the Mayor
and Council and it shall, upon investigation, become satisfied with
the truthfulness of the complaint, the Mayor and Council may, at once,
revoke the license of the person complained against.
[1968 Code § 60-6]
Whenever a license issued pursuant to this section shall be
transferred, it shall be pursuant to a written application of the
original licensee and upon the payment of a transfer fee of $25.
[1968 Code § 60-7]
The license fee referred to herein shall be imposed for revenue
only. The Chief of Police shall have the power to suspend any license
if in his judgment he may deem it necessary so to do, which suspension
shall be operative until the next regular meeting of the Mayor and
Council.
[1968 Code § 60-8; New]
[Ord. No. 70:3]
No procession or parade containing 10 or more vehicles or 20
or more persons not riding in vehicles shall occupy, march or proceed
along any highway, sidewalk or public right-of-way, at any time, unless
a license to do so at that time has been obtained from the Mayor and
Council. No person shall take part in, aid, form or start any such
procession or parade unless a license for the procession or parade
has been issued by the Mayor and Council, and no person shall take
part in any procession or parade which is proceeding in a manner not
in accordance with the terms of such license.
[Ord. No. 70:3]
The provisions of this section shall not apply to:
a.
Processions or parades when all persons taking part are policemen,
firemen, members of the Armed Forces of the United States or of the
State of New Jersey, or officials of governmental units in the performance
of their duty, or funeral processions.
b.
Students going to and from school classes or participating in school
activities, providing such conduct is under the immediate direction
and supervision of the proper school authorities.
[Ord. No. 70:3]
Upon application duly made not less than seven days, excluding
the date of application, legal holidays or Sundays, prior to the proposed
date of the procession or parade, in such form as the Mayor and Council
shall require, a license for the procession or parade shall be issued
by the Mayor and Council five days, excluding the date of application,
legal holidays or Sundays, after the application is made unless:
a.
The procession or parade for which a license is sought could conflict
with another parade or procession for which a license is to be or
has been issued, and for which application was made previous to the
application to be rejected.
b.
The procession or parade could conflict with a procession or parade
to which this section does not apply.
c.
The Mayor and Council deems that the procession or parade for which
a license is sought could endanger the public health or safety, or
could be detrimental to the public welfare.
d.
The procession or parade is to be held for the purpose of advertising
any commercial product, goods, or event, or is designated purely for
private profit.
e.
Organizations having a record of previous violations of parade or
procession ordinances.
[Ord. No. 70:3]
Any person, firm or corporation seeking a license for a parade
or procession pursuant to this section shall make regular application
to the Borough Clerk setting forth the names and addresses of the
organization or person seeking said license, the date and time and
the route to be followed and such other information as may be requested
by the Borough Clerk and the Mayor and Council or the Chairman of
the Police Committee. After investigation by the Chairman of the Police
Committee, the application shall be forwarded to the Mayor and Council
who shall determine whether the license shall be issued.
[Ord. No. 70:3]
Each license issued under this section shall specify the names
of the organizations participating, the name of the person and signatures,
including the officers or committee (or, if a committee without Chairman),
the names of the five members of the committee chiefly responsible
for the marshaling and organization of the procession or parade, the
highways, sidewalk or public right-of-way through which it may move,
how much of these highways in width it may occupy, and the hours during
which it may proceed.
[Ord. No. 70:3]
No person shall drive any vehicle between the vehicles or persons
comprising a procession or parade proceeding in accordance with the
terms of a license therefor duly issued by the Mayor and Council when
such vehicles or persons are in motion and are conspicuously designated
as a procession or parade, nor shall any person unreasonably hamper,
obstruct or impede or interfere with any person, vehicle or animal
participating or used in such a procession or parade.
[Ord. No. 70:3]
The Chief of Police shall have the authority to prohibit or
restrict the parking of vehicles along a highway, street, road, avenue
or any public right-of-way, or part thereof, constituting a part of
the route of a procession or parade, and to cause signs to such effect
to be posted, and it shall be unlawful and a violation of the ordinance
for any person to park or leave unattended any vehicle upon any highway,
street, road, avenue or public right-of-way, or portion thereof, in
violation of prohibitions so posted along said highway or portion
thereof.
[Ord. No. 70:3; New]
Any person, association, corporation, club or person who shall, without having first secured a license as above directed, hold, conduct or participate in any public parade or procession, assemblage or public gathering within the corporate limits of the Borough shall be liable to the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: Prior ordinances codified herein include portions
of 1968 Code §§ 51-1 — 51-12.
[Ord. No. 91:28; Ord. No. 94:19 § II]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean a person who, through his or her physical presence
in the Borough of New Milford, attempts to gain access to the residents,
merchants and business people or any other occupant of the Borough
of New Milford in order to address said parties to impart or receive
communications, information, goods, services, monies or materials
of any type. It is not a requirement that the canvasser or solicitor
be seeking compensation or remuneration from the resident, merchant,
business people or occupant.
Shall mean a person, commonly referred to either as a "transient
merchant," "itinerant merchant," or "salesman," "peddler," "vendor"
or other such person, who goes from place to place by traveling on
the streets, or from house to house, and carries or transports with
him foodstuffs, goods, wares and merchandise for the purpose of selling
and delivering them to consumers, or who, without carrying or transporting
merchandise, sells or proposes to sell services of any kind.
Shall mean a person who sells goods, wares or merchandise,
the proceeds of which are devoted exclusively to the purpose of a
philanthropic, charitable or religious society on whose behalf he
acts as agent with or without pay, but excluding those individuals
or organizations soliciting for funds or other things of value for
which no merchandise, wares or services are given in return and for
which licenses are required and control administered as provided for
by any other chapter or section of the Code of the Borough of New
Milford.
Shall mean an individual, firm, partnership, corporation,
association and principal or agent thereof.
[Ord. No. 91:28]
The provision of this section shall not affect any nonprofit-making
vendor or any person duly licensed by the Commissioner of Banking
and Insurance or the Real Estate Commission of the State of New Jersey.
[Ord. No. 91:28]
The purpose of this section is to prevent dishonest business
practices, to provide protection to the citizens of the Borough from
unregulated itinerant or transient salesmen and the annoyance consonant
thereto, the safety of the residents of this community and the best
interests of its welfare and to eliminate noise disturbing to the
peace and tranquility of the community.
[Ord. No. 91:28; Ord. No. 94:19 § III]
It shall be unlawful for any hawker, peddler, itinerant vendor,
canvasser or solicitor to sell or dispose of or to offer to sell or
dispose of any food stuff, goods, wares, merchandise or to solicit
any communications or monies or materials of any type within the Borough
of New Milford, without first obtaining a license and having paid
the license fee hereinafter prescribed.
[Ord. No. 91:28]
The license fee only shall not apply to any person qualifying
under N.J.S.A. 45:24-9 or to any person who conducts a sale pursuant
to statute or court order nor to any person who has an established
local business. "Local business" shall be defined to be, within the
Borough of New Milford, an establishment which displays and offers
for sale the same products that the peddler, hawker, vendor or solicitor
are offering for sale, and the business of which is not devoted primarily
by the nature thereof to house-to-house or itinerant vehicular selling.
[Ord. No. 91:28; Ord. No. 93:02 § II; Ord. No. 94:19 § IV]
Any person desiring a license shall file with the Police Department
of New Milford an application which shall contain the following information:
a.
The name of the applicant.
b.
If a trade name is used, whether the applicant is an individual,
partnership, association or corporation.
c.
The address of the applicant and telephone number.
d.
The names and addresses of the person from which goods making up
the stock were or are to be purchased.
e.
Three business references.
f.
The place or places of residence of the applicant for the preceding
three years.
g.
A description of the goods or services to be sold.
h.
If the applicant is a corporation, the state in which its Charter
is registered and the registered agent's name and address in this
state.
i.
If other than an individual, the names and addresses of the partners,
officers and any salesmen to be employed.
j.
The number and nature of any convictions for offenses of moral turpitude
against the applicant, officers, partners or any sales people to be
employed.
k.
As to the application, there must be appended a letter or, when applicable,
a corporate resolution from the firm authorizing the person signing
the application to act as its representative and certifying that the
information is correct and accurate.
l.
Whether the applicant, in previously operating in this state under
a license, has had such license revoked or suspended and, if so, the
reasons therefor.
m.
The description of the vehicle and state license number of vehicle
to be used in the peddling.
[Ord. No. 91:28]
The general standard herein set out, relative to the qualifications
of every applicant, shall be considered and applied by the Chief of
Police. The applicant shall:
a.
Be of Good Moral Character. In making such determination the Chief
of Police shall consider:
1.
Penal history. All convictions, the reason therefor and the demeanor
of the applicant subsequent to his release.
2.
License history. The license history of the applicant; whether such
person, in previously operating in this or another state under a license,
has had such license revoked or suspended, the reasons therefor and
the demeanor of the applicant subsequent to such action.
3.
General personal history. Such other facts relevant to the general
history of the applicant as he shall find necessary to a fair determination
of the eligibility of the applicant.
b.
Any determination by the Chief of Police that an application is unsatisfactory
shall be based on one or more of the following findings with respect
to the applicant:
c.
In the absence of any such finding, the Chief of Police shall find
the application satisfactory and shall endorse his approval on the
application.
d.
No corporation shall be granted a license unless the officers thereof
could, as individuals, qualify for a license under the provisions
of this section.
[Ord. No. 91:28]
a.
If, as a result of such investigation, the applicant's moral character
is found to be unsatisfactory, the Chief shall endorse his disapproval
and his reasons for the same and notify the applicant that his application
is disapproved and that no license will be issued.
b.
If, as a result of such investigation, the applicant is found to
be of good moral character, the Chief of Police shall endorse on the
application his approval, and a license shall be issued upon payment
of the license fee.
c.
The Chief of Police shall keep all necessary records pertaining thereto.
d.
For all license classes, the license shall not authorize any person
except the person named in said license to engage in business thereunder.
Licenses shall not be transferable from the person to whom it is issued
to any other person. A separate license must be obtained by a licensed
peddler for every agent working for him. All licenses shall expire
on the 31st day of December of each year.
[Ord. No. 91:28]
Every person holding a license under this section shall be required
to display the license on outer clothing while engaged in the business
licensed. He must also produce the license at the request of a police
officer or other official of the Borough of New Milford. All automobiles,
wagons, carts or other vehicles of any kind shall have affixed thereon
a plate bearing the words "Peddler's and Solicitor's License, Borough
of New Milford," together with the number of the license and the year
for which it is issued.
[Ord. No. 91:28]
A one-day parade or event license shall be available upon completion
of the appropriate application, approval of the Police Chief and payment
of the license fee of $10.
[Ord. No. 91-28]
The license fee shall be as follows:
a.
A fee of $50 annually shall be charged to the applicant, regardless
of his type of business, where the nature of the business does not
involve the use of a vehicle of any kind in its operation.
b.
Mobile units selling merchandise of any other description shall be
$150 per vehicle.
c.
Nonprofit-making vendors shall not be required to pay any license
fee.
[Ord. No. 91:28; Ord. No. 93:02 § I; Ord. No. 94:19 § V]
All persons to whom a license shall be issued hereunder shall
observe the following regulations:
a.
No person or vehicle shall stand or be parked in a fixed location
on River Road, Main Street, Milford Avenue, Madison Avenue, Henley
Avenue or River Edge Road for the purpose of displaying or selling
wares, merchandise or services on any public or private property where
to do so causes or is likely to cause a crowd, impede vehicular or
pedestrian traffic, produce annoying sounds, noise or disturbances,
which interfere with the comfort of the residents in order to attract
the attention of the public. It shall also be unlawful to strew or
litter, or cause to be strewn or littered, the public streets or sidewalks
with refuse or waste matter of any kind or to in anywise interfere
with the comfort or convenience of the residence or business of the
occupants or owners of adjacent properties.
b.
No person or vehicle shall stand or be parked for the purpose of
displaying or selling wares, merchandise or services on any public
or private property within a distance of two hundred (200') feet of
the nearest public, parochial or private school in the Borough of
New Milford during school hours. School hours shall mean any time
between 8:30 a.m. and 3:30 p.m. on weekdays, exclusive of Saturdays,
during such days as said schools may be in session.
c.
No person covered by this section shall sell or attempt to sell,
canvass or solicit in accordance with the terms of this section, except
as set forth in the preceding subsection, before 9:00 a.m. or after
9:00 p.m. prevailing time. The aforesaid time limitations shall not
apply to persons who are expressly invited into homes by the occupants
thereof.
d.
It shall be unlawful for any person covered by this section to misrepresent
the character or quality of merchandise offered for sale, to importune
or otherwise annoy any person for the purpose of effecting a purchase
or to conduct himself otherwise than honestly and courteously.
[Ord. No. 91:28]
A license may be revoked by the Borough Council by reason of
the violation of the terms of the license, the violation of any municipal
ordinance, state or federal statute or falsification in applying for
a license. No fees shall be returned for any unexpired period of a
license, whether revoked or not revoked.
[Ord. No. 91:28]
Any person required by this section to procure a license who
violates its terms shall be liable for the penalty stated in Chapter
1-5 (1968 Code Subsection 51-12).
[Ord. No. 2017:11]
a.
Establishment of No-Knock List. All residents of the Borough may
register their name, address and/or unit/apartment number with the
Municipal Clerk to be placed on the No-Knock List, indicating that
they do not want canvassers, distributors, solicitors, peddlers, transient
merchants or hawkers of any sort to approach their homes and/or seek
personal contact with the occupants of the registered residence. The
Municipal Clerk shall provide the registration form, which shall be
available during normal business hours. By registering for the No-Knock
List, the resident acknowledges that the Borough Police, Fire and
other emergency service groups are exempt from the requirements of
this section.
b.
Updating and Provision of the List. The Municipal Clerk shall maintain
a No-Knock List, a copy of which shall be provided to all persons
or organizations required to obtain a license or register pursuant
to this section. Registrants shall remain on the No-Knock List for
a period of five years from the date of registration or until such
time as they advise the Municipal Clerk, in writing, that they wish
to be removed from the list. The Municipal Clerk shall ensure that
the list is updated periodically.
c.
Registration and Display of Decal. Upon completion of registration
on the No-Knock List, the subscriber may receive, at no charge, a
decal stating "DO NOT KNOCK; Registered on the No-Knock List with
the Borough of New Milford Municipal Clerk; VIOLATORS WILL BE PROSECUTED,"
which may be displayed in a clearly visible location (e.g., front
door or window adjacent to the front door).
d.
Violations. It shall be unlawful for any canvasser, distributor, solicitor, peddler, transient merchant or hawker to approach and/or seek personal contact with the occupants of any residence if that residence is registered on the No-Knock List. Anyone violating this subsection shall, upon conviction thereof, be subject to the fines and penalties in accordance with Chapter 1, Section 1-5.
[1968 Code § 72-1]
It shall be unlawful for any person or persons or corporation
to place, erect, construct or maintain in or along the public streets
or places of the Borough any road stand for the sale of fruit, vegetables,
ice cream, beverages or any other merchandise, unless permission so
to do be first obtained from the Mayor and Council.
[1968 Code § 72-2]
Application for such permit shall be made in writing, signed
by the applicant, and shall state the exact location where such road
stand is to be placed or constructed, and shall also set forth the
distances of the proposed location from the nearest street intersections.
[1968 Code § 72-3]
Upon the receipt of such application, the Mayor and Council
shall consider the same and determine whether or not the use of such
road stand at the location set forth in the application will interfere
with public traffic or endanger public safety, and if, in their opinion,
the use of such road stand at the place proposed in the application
will interfere with public traffic or endanger public safety, they
shall refuse such permit, but otherwise shall grant the same.
[1968 Code § 72-4; New]
[1]
Editor's Note: Prior ordinance history includes portions of
1968 Code §§ 91-1—91-23.
[Ord. No. 95:06 § 1]
As used in this section:
Shall mean and includes any vehicle defined as an "autocab"
by N.J.S.A. 48:16-13.
Shall mean and includes any vehicle defined as an "autocab"
by N.J.S.A. 48:16-1.
[Ord. No. 95:06 § 1]
a.
Taxicabs to Be Licensed. No taxicab whose owner's principal place
of business, as expressed in N.J.S.A. 48:16-7, is in the Borough of
New Milford, shall be operated along any street in the Borough of
New Milford until the owner thereof shall have obtained a license
in accordance with the provisions of this section. The license required
by this paragraph shall be known as a "taxi owner's license."
b.
Limousine to Be Licensed. No limousine whose owner's principal place
of business, as expressed in N.J.S.A. 48:16-18, is in the Borough
of New Milford, shall be operated along any street in the Borough
of New Milford until the owner thereof shall have obtained a license
in accordance with the provisions of this section. The license required
by this paragraph shall be known as a "limousine owner's license."
[Ord. No. 95:06 § 1]
No taxi owner's license or limousine owner's license shall be issued for any vehicle herein required to be licensed until the owner thereof shall have filed an application for a license, addressed to the Mayor and Council, setting forth the character of the vehicle proposed to be licensed including its registration, license plate and VIN numbers, the correct name of the owner thereof, the residence or address of principal office of such owner, a complete schedule of the fares proposed to be charged, a list of all drivers of the vehicle including their commercial driver's license numbers, and such other facts as the Mayor and Council may require; until there shall have been paid to the Borough Clerk the license fee provided for in subsection 4-12.6 hereof; and until the owner complies with the insurance requirements provided for in subsection 4-12.7 hereof.
[Ord. No. 95:06 § 1]
After running a check of the vehicle and driver's license numbers,
the Borough Chief of Police shall recommend to the Mayor and Council
the approval or disapproval of the application for the license herein
provided for, but in no case shall the Borough Chief of Police recommend
an approval unless it shall appear to be in the best interests of
the Borough that such license should be granted.
[Ord. No. 95:06 § 1]
The license herein provided for shall be signed by the Borough Clerk and shall have the Borough seal affixed thereto. The Borough Clerk shall not issue any license until the application therefor has been approved by the Mayor and Council and the conditions provided for in subsection 4-12.3 hereof shall have been complied with.
[Ord. No. 95:06 § 1]
The fee to be paid for a taxi owner's license or limousine owner's
license shall be the sum of $50 per year for each vehicle.
[Ord. No. 95:06 § 1]
a.
Amount. No taxicab owner's license or limousine owner's license shall
be issued until there shall have been submitted to and approved by
the Risk Manager, and filed with the Borough Clerk, a certificate
of insurance requiring 30 day notification to Borough upon the intent
of cancellation, by the insurance company duly licensed to transact
business under the insurance laws of the State of New Jersey, as follows:
1.
A commercial auto policy with a minimum of $500,000 combined single
limit for liability imposed by law for bodily injury and/or property
damage per occurrence to one person or any one accident; and
2.
A commercial excess liability umbrella policy providing a minimum
of one million ($1,000,000.00) dollars excess bodily injury and property
damage.
3.
The license will continue effective and operative only as long as
the insurance policy shall remain in force and effect, and the full
amounts payable thereunder shall remain collectible. Such insurance
policies shall provide for the payment of any final judgment received
by any person or persons on account of the ownership, maintenance
and use of the vehicle or any fault in respect thereto, and shall
be for the benefit of any person suffering loss, damage or injury
as aforesaid.
b.
Power of Attorney. A power of attorney shall be executed and delivered
to the Borough Clerk concurrently with the filing of the policy of
insurance hereinbefore referred to, wherein and whereby the owner
shall nominate, constitute and appoint the Borough Collector Treasurer
as the owner's true and lawful attorney for the purpose of acknowledging
service of any process of a court of competent jurisdiction to be
served against the insured by virtue of the indemnity granted under
the insurance policy filed.
c.
Certificate. The Borough Clerk, upon the filing of the required insurance
certificate, shall issue a certificate in duplicate showing that the
owner of the vehicle has complied with the terms and provisions of
this section. The certificate shall recite the name of the insurance
company, the number and date of the expiration of the policy, a description
of every vehicle insured thereunder, and the registration number of
the same. The duplicate certificate shall be filed with the State
Division of Motor Vehicles before any such car is registered pursuant
to this section. The original certificate shall be posted in a conspicuous
place within the vehicle.
d.
Operation in More Than One Municipality. Where a vehicle operates
in more than one municipality, the insurance policy required shall
be filed with the clerk of the municipality in which the owner has
its principal place of business, and the owner shall file with the
Borough Clerk the certificate issued by the clerk of the municipality
in which the insurance policy was filed.
e.
Exception for Self Insurance. If the owner carries its own liability
insurance pursuant to N.J.S.A. 48:16-8 or N.J.S.A. 48:16-19, the owner
may file, in lieu of an insurance policy, a copy of its exemption
order with a statement sworn to by its president, vice president,
treasurer or assistant treasurer that the corporation is the owner
of vehicles covered by this section and that the copy of the order
attached to the affidavit and filed therewith is a true copy of the
original order and that the same has not been revoked.
[Ord. No. 95:06 § 1]
The taxi owner's license or limousine owner's license herein
provided for shall be a number and shall state the name of the owner
licensed; it shall briefly describe the vehicle licensed and contain
the motor vehicle license number, as well as the manufacturer's number
of such motor vehicle.
[Ord. No. 95:06 § 1]
The Borough Clerk shall keep a register of all licenses granted
under the provisions of this section, which register shall show the
character of the license, its number, date of issue, name of person
licensed and any other information pertaining thereto; and the Borough
Clerk shall keep all applications, and upon those which may be granted,
shall endorse the number of the license issued in pursuance thereof.
[Ord. No. 95:06 § 1]
All licenses granted hereunder shall expire on July 1 succeeding the date of issue. In the case of application for a taxi owner's license or limousine owner's license made after January 1 in any year, the fee to be paid therefor shall be 1/2 of the amount stated in subsection 4-12.6 hereof.
[Ord. No. 95:06 § 1]
a.
The Mayor and Council may suspend or revoke any license issued hereunder
for the violation of any of the provisions of this section or the
violation of any of the rules and/or regulations made, adopted or
promulgated by the Mayor and Council, or by the Chief of Police, which
rules are adopted by the Mayor and Council, in accordance with the
provisions hereof.
b.
Any suspension shall be noted on the license, together with a statement
of the reasons therefor.
c.
A second suspension for the same reason shall revoke the license.
[Ord. No. 95:06 § 1]
The charge for carrying passengers shall not exceed the rates
set out in the application for the owner's license.
[Ord. No. 95:06 § 1]
Every vehicle licensed hereunder shall have fastened in a conspicuous
place a printed card showing the rates provided for in the approved
application, in letters and figures not less than 1/2 inch in height,
which card shall bear the license number of such vehicle and also
the name of the owner thereof. Any fares charged in excess thereof
shall constitute a violation of the section by the owner or operator,
or both.
[Ord. No. 95:06 § 1]
a.
All vehicles herein required to be licensed, used or operated for
the carrying of passengers, within the scope of this section, shall
be automobile sedans or limousines with a minimum of three doors,
at least two of the doors shall be for the exclusive use of the passengers.
The vehicles shall at all times be clean and in good repair.
b.
Unless there shall be one uniform flat rate charged at any point
within the corporate limits of the Borough for the transportation
of passengers, each and every taxicab operating in the Borough shall
have installed therein a taximeter, or the equivalent thereof, of
standard make, by which the fare or charge for hire of the vehicle
is mechanically and accurately calculated and registered, and on which
the taximeter charge is plainly indicated. The taximeter is to be
so placed in the vehicle that the charge thereof may be plainly seen
by the passengers.
c.
No person shall use or permit to be used in any vehicle a taximeter
which shall be in such a condition as to be over 5% incorrect to the
prejudice of any passenger.
d.
After sundown the face of every meter shall be illuminated by a suitable
light so arranged as to throw a continuous steady light thereon while
in operation and carrying a passenger, so that the meter will be clearly
discernible and can be read by a passenger in the rear seat.
e.
The taximeter shall be sealed, and a colored poster, different in
color at each inspection, which shall be conducted by the Borough
Chief of Police annually, shall be placed on the taximeter after inspection.
f.
No person shall use or permit to be used, or drive or hire, a vehicle
equipped with a taximeter, the case of which is unsealed or the seal
broken.
[Ord. No. 95:06 § 1]
a.
Any dispute as to the fare shall be determined by the officer in
the charge of the Police station at the time of the dispute.
b.
Every driver of a vehicle herein required to be licensed shall, when
requested, give a passenger a receipt for the fare paid.
c.
No person other than the driver or a passenger of the vehicle shall
ride or sit in the compartment of the vehicle reserved for the driver.
[Ord. No. 95:06 § 1]
The Chief of Police is hereby authorized, empowered and directed
to make reasonable regulations respecting the use of vehicles licensed
hereunder, of public hack stands, the number of licensed vehicles
which may stand in any one place at the same time, and such other
regulations as may promote the public convenience and safety.
[Ord. No. 95:06 § 1]
a.
No driver or other person interested in or connected with any vehicle
licensed hereunder shall solicit customers in a noisy or offensive
manner, nor at any place other than public hack stands in any manner
whatsoever.
b.
No driver of any licensed taxicab which is disengaged shall refuse
to carry any orderly person upon the payment of the rate of fare herein
fixed.
c.
No driver of any vehicle licensed hereunder shall permit such vehicle
when disengaged to stand in any public street or place other than
at public hack stand; provided, nothing herein shall prevent such
driver from waiting for a passenger in front of any building or place.
[Ord. No. 95:06 § 1]
a.
Public hack stands are hereby established at such places as may be
designated by the Chief of Police, who may designate the character
of vehicles that may stand at any such public hack stand and may exclude
all other vehicles from such stands. The location and capacity of
any such hack stand shall be indicated by a sign substantially as
follows: "PUBLIC HACK STAND, CAPACITY...."
b.
No vehicle other than one licensed hereunder and prepared to accept
passengers upon request shall stand at any such public hack stand.
[Ord. No. 95:06 § 1]
Any person, firm, corporation or association who shall violate any of the provisions of this section shall, in addition to the suspension or revocation of the license heretofore mentioned, be liable for the penalty stated in Chapter 1, Section 1-5 and every day of such violation shall be deemed and taken to be a separate and distinct offense.
[1968 Code § 44-7]
As used in this section:
Shall mean any building, structure or premises, enclosure
or other place within the Borough where a container or containers,
tank or tanks, whether portable or stationary, and containing either
carbon bisulfate, gasoline, naphtha, benzole, hydrocarbon (gas drips),
liquefied petroleum gas, acetone, kerosene, turpentine or other inflammable
liquids having a flash point below 165 degrees Fahrenheit, are kept
or located for the purpose of selling, offering for sale or distributing
any such liquids from such containers, tank or tanks; provided, however,
that the provisions of this section shall not apply to any place where
such inflammable liquids are kept or sold for medicinal or household
purposes.
[1968 Code § 44-8]
No person, firm or corporation shall manage, conduct, operate
or carry on the business of a filling station without first having
obtained a license therefor, as hereinafter provided. All gasoline
pumps, tanks or other containers for which permits or licenses have
been heretofore granted shall be and become subject to the terms of
this section and amendments thereto; and persons to whom licenses
have been granted shall apply for a license under the terms and provisions
of this section.
[1968 Code § 44-11]
All applications for licenses shall contain the following information:
a.
Specifying the location of the building and premises.
b.
The written consent of the owner or owners of the land whereon such
station is proposed to be built or operated.
c.
A statement of the size of the tank or tanks and the quantity of
gasoline to be stored therein.
d.
The type and construction of the tank or tanks and the material of
which the tank or tanks are to be constructed.
e.
The minimum depth of the top of the tank or tanks below the ground
where the same is placed.
f.
The method of extracting gasoline from the tank.
g.
A statement of the dimensions of the building and the material (in
relation to fireproof qualities) to be used.
[1968 Code § 44-12]
The license application shall be reviewed by the Code Enforcement
Officer and an official designated by the Fire Department. The former
official shall certify on the application as to its compliance with
municipal regulations regarding zoning, building and other ordinances;
and the latter official shall certify as to its compliance with the
municipal fire prevention regulations. An applicant whose petition
for a license has been rejected by one or both of aforementioned officials
may appeal to the municipal body, which may reverse the rejection
by approving the application if the facts disclosed at the appeal
hearing reveal compliance with the municipal ordinances and regulations.
Following approval of the application, the license shall be issued
by the Borough Clerk.
[1968 Code § 44-13]
No license shall be granted except upon payment of a license
fee at the annual rate of $25.
[1968 Code § 44-9]
No license granted under the provisions of this section shall
be assigned or transferred to any other person nor shall any such
license authorize any person other than the licensee named therein
to do business or act under such license, except after written application
similar to the application for license and approval in writing by
the governing body.
[1968 Code § 44-21]
Any license issued shall be revocable by the governing body
after hearing and good cause shown, upon 15 days' notice in writing
to be given the licensee, either by serving the same upon him personally
or his surety or by leaving the same at the place of business of such
licensee.
[1968 Code § 44-10]
No license issued under the provisions of this section shall
authorize the maintenance of the business of a service station at
any but the location specified therein.
[1968 Code §§ 44-1444-16]
a.
Location Near Building. No license shall be issued if any part of
the lot or plot on which such station is to be maintained is situated
within a radius of one thousand two hundred fifty (1,250') feet of
any plot on which there is one or more of the following types of buildings:
1.
A public school or playground or lands held by the Board of Education
for school, playground or other purposes, or a duly organized school
other than a public school conducted for children under 16 years of
age, giving regular instructions at least five days a week for eight
or more months a year.
2.
A hospital maintained as a charitable institution or a private hospital
maintaining at least 15 beds for patients.
3.
A church with a seating capacity for 100 or more persons.
4.
Any apartment house, including garden apartments.
5.
A theater containing at least 300 seats.
6.
A public library.
7.
Any public playground or athletic field.
b.
Plot. The following restrictions shall be observed in reviewing applications
for licenses which shall be granted contingent upon their observance
by the applicant:
c.
Setback From Street. No gas tank or service station shall be constructed
on the curb of any street in the municipality. Any further construction
of a tank or service station shall be at such distance from the curb
of the street as to require anyone procuring gas or oil from the tank
or station to leave the street and enter upon the property where the
gas tank or station is erected.
[1968 Code § 44-17]
a.
Tanks shall be riveted, welded or brazed, and shall be soldered,
caulked or otherwise made tight in a mechanical and workmanlike manner,
and if to be used with a pressure discharge system, shall safely sustain
a hydrostatic test at least double the pressure to which the tank
may be subjected. Tanks shall be covered with asphaltum or other nonrusting
paint or coating. All pipe connections shall be made through flanges
or metal reinforcements securely riveted, welded or bolted to the
tank and shall be made thoroughly tight. Tanks shall be constructed
entirely of metal, including top, sides and bottom; all openings shall
be gas-tight, except breather vents, which shall be screened.
b.
Not more than 25 gallons of gasoline, except such quantities as may
be contained in tanks or cars, known as rolling tanks, shall be permitted
in any public place.
c.
All gasoline, in excess of the amount above specified, shall be kept
in tanks of approved design, buried so that the tops of the tanks
shall be at least three (3') feet below the surface of the ground.
Tanks to be buried in such locations as may be approved by the Fire
Department, not less than six (6') feet from any building, except
upon special permission in writing, but no tanks shall be permitted
under any shed or building.
d.
All such underground tanks are to rest upon a bed or cradle of concrete
at least six (6") inches thick. No tank of capacity greater than 2,000
gallons shall be buried, but two or more tanks may be installed and
connected by pipes if such tanks are separated by a wall of concrete
not less than two (2') feet in thickness or a wall of earth not less
than four (4') feet in thickness.
[1968 Code § 44-18]
a.
All gasoline gauging or vending devices shall be of approved type
and substantially secured to concrete or masonry foundations suitably
located and of proper design and dimensions normally to prevent any
portion of motor vehicle colliding with the device.
b.
Systems wherein continuous pressure is maintained on the gasoline
storage tank in connection with gasoline gauging or vending devices
shall be prohibited.
c.
The use of aboveground gasoline storage tanks in connection with
gasoline gauging or vending devices shall be prohibited.
d.
Devices which discharge by gravity shall be so designed that it is
impossible to retain in the gauging compartment, materially more than
10 gallons of liquid, and so that it is not possible to lock the device
without draining the gauging compartment.
[1968 Code § 44-19]
a.
Provisions shall be made by grading driveway, raising doorsills or
some equally effective means to prevent gasoline spills from flowing
into the interior of station buildings.
b.
Electric motors and other spark-emitting devices, when provided,
shall be installed in a well-ventilated room where no flammable liquids
are stored or handled unless such devices are approved by the Fire
Chief for use in explosive atmosphere.
c.
Drainage from crankcases shall be kept in suitable closed metal containers.
d.
"No Smoking" signs and "Stop Motor While Filling" signs shall be
prominently posted to be readily visible at points where gasoline
is handled.
e.
Where flammable liquids are kept, used or handled, dry sand, ashes,
chemical extinguishers or other extinguishing devices or materials
shall be directed by the Fire Department. A reasonable quantity of
loose noncombustible absorbents, such as sand or ashes, shall be kept
convenient for use in cases of oil leakage or overflow.
[1968 Code § 44-23]
The provisions of this section as to location, restrictions
as to plot, setback from street, and pump and tank installation shall
not apply to any service station in operation prior to the date of
passage of this section.
[1968 Code § 44-20]
Each service station shall be conducted and maintained in accordance
with the provisions of this section. Each service station shall be
inspected at least three times every year by an official of the Fire
Department. It shall be the duty of the person making such inspection
to see that the premises are maintained in compliance with this and
other ordinances of the Borough, to see that there is no dangerous
accumulation of waste or other combustible material on the premises,
and to report to the Fire Department any violation of ordinances which
may be discovered during such inspection.
[1968 Code § 44-22; New]
[1968 Code § 58-1]
As used in this section:
Shall mean a place of business conducted for the purpose
of laundering items brought to the establishment by individuals and
wherein there is located one or more washing machines owned by the
establishment and which are used by individuals bringing laundry to
the place of business.
[1968 Code § 58-2]
It shall be unlawful to conduct a launderette in any residential
building; provided, however, that this prohibition shall not apply
to a residential building in which there is located washing or laundry
facilities operated and used for the exclusive benefit of the occupants
of the building, but in such event, however, the washing and laundry
facilities so operated shall be, where applicable, subject to the
provisions of this section, except that no license shall be required.
[1968 Code § 58-3]
It shall be unlawful for any person, firm or corporation to
operate any launderette without securing from the Board of Health
a license for that purpose. A separate license shall be required for
each establishment. The license shall expire on December 31 following
the date of its issuance. No such license shall be issued unless the
premises in which the business is to be conducted comply in all respects
to the requirements of the Fire Department, the Building Code and
the Plumbing Code of the Borough. The annual license fee for the full
year, or any portion thereof, shall be at the rate of $25 per launderette.
[1968 Code § 58-4]
The entire premises devoted to the conduct of the launderette
shall be kept in a clean and sanitary condition at all times, and
all areas where the actual work of washing or laundering is performed
shall be adequately ventilated and provided with sufficient natural
or artificial light. There shall also be available an adequate supply
of water for flushing and cleaning purposes.
[1968 Code § 58-5]
No launderette shall permit diapers or any other materials containing
bodily excrement or discharges to remain outside the launderette.
All such articles shall be washed in machines specially designated
for such purpose, and all such machines so designated shall be appropriately
and conspicuously marked and shall not be used for any other purpose.
[1968 Code § 58-6]
All machinery used in any launderette shall be operated in such
a manner so as to cause no unnecessary or unreasonable noise or vibration
to the detriment of the well-being of the neighborhood.
[1968 Code § 58-7; Ord. No. 75:6]
A launderette may be open for business between the hours of
6:00 a.m. and 11:00 p.m. daily and Sundays; provided, however, that
there must be an attendant, who shall be over the age of 21 years,
in charge of the premises and in attendance during the hours after
9:00 p.m.
[1968 Code § 58-8; New]
Any person who shall violate or fail to comply with any of the provisions of this section or with any order of the Board of Health or its representatives made in pursuance thereof shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that the violation continues shall constitute a new offense.
[Ord. No. 91:31 § I]
a.
No towing operator shall operate within the Borough of New Milford
for police requested towing services and/or storage services unless
the towing operator has obtained a license issued by the Borough.
b.
The requirement for a license shall commence as of January 1 following
the adoption of this section and shall be required to be renewed each
year thereafter on or before January 1 of that year.
c.
There shall not be more than eight licenses issued under this section
which shall be in effect at one time.
[Ord. No. 91:31 § II]
a.
Owner Requested Service. No license shall be required for the on-site
repair and/or towing or storage of any vehicle when the request is
received by the towing operator from the owner prior to a police request
or if the owner or operator of a vehicle requests the police contact
a tow company of their choice.
b.
Towing from private property. No licensee shall be required by the
police to tow any vehicle from private property without the consent
of the owner except on the express instruction of the police in the
event of an emergency.
[Ord. No. 91:31 § III]
License shall be issued for one calendar year commencing January
1 or as an interim license for any unexpired term of a license, expiring
the next succeeding January 1 at 12 o'clock a.m.
[Ord. No. 91:31§ IV; Ord. No. 2012:15; amended 4-22-2019 by Ord. No. 2019:09; 8-28-2023 by Ord. No. 2023:28]
a.
Form; Required Information. An application for a license shall be
in writing, signed by the applicant, and shall contain all information
necessary to evidence the applicant's identity and legal address,
compliance with the applicant's identity and legal address, compliance
with the requirements of this section and the ability to perform the
towing services and storage services contemplated by this section.
b.
Filing. Application shall be filed with the Borough Clerk together
with a certified check for the application fee of $500. The Borough
Clerk shall give 30 days public notice in an official newspaper of
the Borough of the date on which the license applications are to be
received pursuant to this section
c.
Rotating List. The Borough may accept and place on its rotating tow
list up to a maximum of (8) eight towing operators. Towing operators
who submit completed applications and comply with all of the requirements
of this section will be selected with the previous year's tow operators
having first priority. Any additional tow operator applications shall
be added to a yearly waiting list based on the date of their request.
Additional tow operators may be added to the active rotating list
as needed at the discretion of the Chief of Police.
d.
The licensee must be of good business character and reputation.
e.
A licensee must have at least three years experience, as a sole proprietor,
partner or as an employee in the towing of vehicles in order to be
considered for the issuance of a license.
f.
The licensee shall submit proof of ownership by record title of the
required tow truck and flat-bed tow truck. A copy of the registration
for each vehicle and copies of current and valid insurance policies
and cards shall be submitted to the Borough Clerk.
[Ord. No. 91:31 § V]
[Ord. No. 91:31 § VI]
a.
Each of the first eight approved licensees shall be placed on a list
of rotating basis by the Chief of Police. A calendar shall be prepared
designating each day on the calendar as the day that a licensed tow
truck operator is responsible. A licensed towing company may substitute
another company for the date scheduled for the towing company if the
substitute company is on the licensed towing list.
b.
The licensed tow company must be available to tow cars on a 24 hours
a day basis. If the company on duty is not available on a particular
day then the next listed company will be called. Nonavailability on
the date scheduled, without a substitute company will be considered
a violation of the license.
c.
A licensed towing company will be responsible for cleaning any debris
left at the accident scene.
d.
A response time of 15 minutes will be expected from each licensed
towing company called by the Police Department. If the towing company
on duty fails to respond within the time period the next listed licensed
towing company will be called. Failure to respond within the stated
time frame will be considered a violation of the license.
e.
All licensed towing companies will provide road service calls as
required by the Police Department.
Such calls shall include jump starting vehicles, changing tires
and opening locked vehicles. The fee for these services shall be at
a fair rate.
[Ord. No. 91:31 § VII]
a.
The Chief of Police, or his designee, shall have the right to suspend
any license issued under this section upon the determination that
there has been any documented violation of the licensed towing company
guidelines and regulations.
[Amended 9-12-2022 by Ord. No. 2022:22]
b.
The Chief of Police shall be the sole administrator of this list
and any violations or complaints concerning any licensed tow truck
company shall be addressed to the Chief of Police.
c.
Any licenses suspended shall cause the company to be removed from
the list for one year from the date of the suspension. The licensed
tow company which has been suspended may reapply to be on the rotating
list on the January 1 of the year after the suspension has been lifted.
[Ord. No. 91:31 § VIII]
b.
Tow Truck Lettering. All tow trucks shall be properly lettered on
both sides in accordance with law.
c.
Maintenance. All equipment used by the licensee in performing its
obligation under the license shall be maintained in good and safe
condition and may be inspected for such condition by the police at
any time, wherever located. Any deficiency in such condition reported
by the police to the licensee shall be promptly corrected and any
failure to correct may be cited as a violation of the license pursuant
to this section.
[Ord. No. 91:31 § IX; Ord. No. 2005:19; Ord.
No. 2007:19]
a.
Each licensee shall have a secure facility (fenced yard or building)
to store at least five vehicles 24 hours per day.
[Amended 9-12-2022 by Ord. No. 2022:22]
b.
The required storage area shall be located within five miles of the
Borough's boundaries. The hours of recovery of vehicles shall be from
8:00 a.m. to 6:00 p.m. weekdays and 8:00 a.m. to 12:00 p.m. Saturdays.
Recovery of vehicles on holidays or at any other time will be arranged
by vehicle owner and tow company.
[Ord. No. 91:31 § X]
a.
Each tow truck driver of a licensee must have an appropriate valid
New Jersey Driver's License with no restrictions or conditional endorsements,
except conditions requiring glasses. Each driver shall be of good
moral character, mentally alert, and present a neat appearance at
all times.
b.
All tow truck drivers and other personnel of a licensee shall be
fully trained and knowledgeable in tow truck and storage operations
and equipment.
[Ord. No. 91:31 § XI]
a.
The Borough and its agents shall not be liable to a licensee with
respect to service rendered to any owner pursuant to the license or
otherwise. The licensee shall look only to the owner of such vehicle
for payment of service charges or any other compensation.
[Ord. No. 91:31 § XII; Ord. No. 92:04 § 1; Ord. No. 97:07 § 4:15.13]
a.
Garage Liability Insurance. Limit of liability shall not be less
than $500,000 combined single limit (bodily injury and property damage)
per occurrence including premises operations and products/completed
operations.
b.
Automobile Liability Insurance. Limit of liability shall not be less
than $500,000 combined single limit (bodily injury and property damage)
per occurrence.
c.
Garagekeepers Legal Liability Insurance. Physical damage insurance
policies shall be specifically endorsed to provide "direct primary"
insurance, where applicable, for vehicles in tow, possession of, or
storage on property owned or controlled by the contractor. Limit of
said coverage shall not be less than $100,000.
d.
Excess Umbrella Insurance. Limit of liability shall be not less than
one million ($1,000,000.00) dollars providing protection in excess
of the $500,000.00 garage and auto liability coverage. Note: This
requirement may be waived if the limits of liability in sections a
and b are not less than one million five hundred thousand ($1,500,000.00)
dollars combined single limit.
e.
On all liability policies, the municipality shall be added as an
additional insured, and insurance certificates shall indicate such
coverage as primary coverage notwithstanding any insurance carried
by the municipality.
f.
Worker Compensation Insurance. Statutory coverage, including employers
liability coverage with a limit of at least $500,000/$500,000/$500,000.
g.
The contractor shall indemnify the municipality and the public against
any loss due to injuries, accidents or damage of any character whatsoever
where any such damage is the result of actions of the contractor,
his agents or employees in or due to the execution of work called
for under the contract.
h.
Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Borough of New Milford shall be furnished
forthwith. Each such policy or certificate shall contain a provision
that is not subject to change, cancellation or non-renewal unless
30 days prior written notice via certified mail/return receipt shall
have been given to the Borough of New Milford by the contractor's
insurer. These must be received 30 days prior to commencement of work.
i.
The providing of any insurance required herein does not relieve the
contractor of any of the responsibilities or obligations assumed by
the contractor for which the contractor may be liable by law or otherwise.
j.
If any policies contain deductibles or co-payments, it shall be the
responsibility of the contractor to pay such sums at the time a claim
is settled by the contractor's insurance company.
k.
If any policies contain limits of liability with an aggregate limit,
the contractor or the contractor's insurance company shall provide
the municipality quarterly during the policy period a statement evidencing
the limits of liability required under this contract to be in force.
l.
All policies shall be written in either a company licensed to do
business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating of A-X. This shall be written
on an ISO (Insurance Service Office) form or better.
[Ord. No. 91:31 § XIII; Ord. No. 97:07 § 4:15.13]
The applicant will defend, indemnify and hold harmless the Borough
of New Milford from any and all claims for personal injury or property
damage against the municipality arising out of the operation of any
towing services or repair services under this agreement. The applicant
will further defend the municipality, at applicant's expense, in connection
with any claim, demand, suit or action brought against the Borough
of New Milford arising out of the awarding or operation of any towing,
garage or repair services under this agreement.
[Ord. No. 91:31 § XIV]
The Chief of Police may issue rules and regulations from time
to time on the operation of the towing services and storage facilities
to implement but not exceed the purposes of this section.
[Ord. No. 91:31 § XV]
The license required by this section shall not be transferred
or assigned without prior written consent of the Chief of Police.
[Ord. No. 91:31 § XVI; Ord. No. 2005:19; Ord.
No. 2007:19; amended 4-22-2019 by Ord. No. 2019:09; 9-12-2022 by Ord. No. 2022:22; 8-28-2023 by Ord. No. 2023:28]
a.
The rates the licensee may charge for towing and storage of vehicles
at the police request shall be as follows:
7.
Police investigation tow/storage/tarping: no charge in county. Out of county, the Borough will pay up to a max of two hours per tow class as listed in Subsection 4-15.16a1, plus tolls if applicable.
[Amended 9-12-2022 by Ord. No. 2022:22]
8.
Borough-owned vehicles: no charge within Bergen County for vehicle classes 1 and 2 as listed in Subsection 4-15.16a1. Out of county and vehicles within Bergen County in class 3 and 4 as listed in Subsection 4-15.16a1, the Borough will pay up to a max of two hours per tow class.
[Amended 9-12-2022 by Ord. No. 2022:22]
b.
The tow company shall charge only one day storage for each twenty-four-hour
period to commence from the time of arrival of the tow truck at the
scene upon notification by the Police Department.
c.
The above charges are subject to the New Jersey State sales tax,
and same shall be added to said amounts.
d.
The above charges shall be on file with the Borough Clerk's office.
[Ord. No. 92:02 § 1]
Shall mean gold, silver, platinum, palladium and alloys thereof.
Shall mean the name of the buyer and the legal name of the
business under which the buyer is doing business, together with the
permanent business address.
Shall mean a buyer of precious metals as provided in this
section who has not been in any retail business continuously for at
least six months at the address in the municipality where he is required
to register or who intends to close out or discontinue all retail
business in the municipality within six months.
Shall mean new and used jewelry of all descriptions, sterling
silver, silver plate, precious gems, semiprecious gems and watches.
[Ord. No. 92:02 § 2]
a.
A buyer of precious metals from non-professional sellers, shall,
before buying, attempting to buy or offering to buy any precious metals,
coins or jewelry in New Milford, register with the Borough of New
Milford Police.
b.
A transient buyer of precious metals, coins or jewelry shall, in
addition to the information required of a buyer of precious metals,
coins and jewelry provide the address at which he intends to do business
in New Milford, and shall reregister if he changes his location of
doing business in New Milford or if he discontinues doing business
for more than 20 days in New Milford and subsequently wants to resume
doing business in New Milford.
[Ord. No. 92:02 § 3]
Any person, in the business of buying precious metals who buys,
attempts to buy or offers to buy precious metals, coins or jewelry
from any person who is not in the business of selling precious metals,
coins or jewelry shall:
b.
Include his name and address in all advertisements concerning such
precious metals.
c.
Weigh the precious metals in plain view of the seller on State certified
scales with the certificate of inspection clearly and prominently
displayed.
d.
Test the fineness of precious metals, if any test is so performed,
in plain view of the seller.
e.
Issue to the seller and keep for his own records, for not less than
one year, a serialized receipt for each purchase of precious metals,
jewelry and coins containing the following:
1.
The name and address of the buyer;
2.
Date of the transaction;
3.
The names of the precious metals purchased;
4.
The fineness of the precious metals purchased;
5.
The weights of the precious metals purchased;
6.
The prices paid for the precious metals at the standard measures
of weight and fineness described by the superintendent;
7.
The name, address and signature of the seller of the precious metals.
f.
Obtain proof of identity from each person who sells precious metals
to him.
[Ord. No. 92:02 § 4; Ord. No. 96:16 § I]
a.
A buyer, who purchases jewelry, precious metals or coins from a non-professional,
shall retain any precious metals, coins or jewelry in the form in
which they were purchased for a period of 15 days.
b.
A buyer shall upon reasonable request, allow the inspection of the
serialized receipts for precious metals, coins or jewelry as provided
for in this section by any New Milford Police Officer or Weights and
Measures Official.
c.
Each buyer doing business in the Borough of New Milford shall deliver
to the Chief of Police a legible and correct transcript of all items
of jewelry, precious metals or coins purchased, received or sold,
within 48 hours of the completion of the transaction, on forms prescribed
by the Chief of Police.
[Ord. No. 92:02 § 5]
A transient buyer shall obtain a bond in an amount and form
described by regulations of the Office of Weights and Measures. The
bond shall be obtained from a surety company authorized to do business
in this State. The bond shall run to the State for the benefit of
any person injured by the wrongful act, default, fraud, a misrepresentation
of the buyer of precious metals, coins or jewelry. No bond shall comply
with the requirements of this subsection unless notice of intention
to cancel is filed in the Office of Weights and Measures at least
30 days before the day upon which cancellation shall take effect.
[Ord. No. 92:02 § 6]
[Ord. No. 95:1 § 4-17.1]
The purpose of the Mayor and Council of the Borough of New Milford
find for the public health, welfare and safety, that there is a need
to regulate sales which are commonly known as "garage sales," "lawn
sales," "yard sales," "house sales," "estate sales," "rummage sales,"
"flea markets," "attic sales" and the like, in the Borough of New
Milford.
The sale of merchandise within a residential area can create
a nuisance to surrounding neighbors and cause numerous other difficulties
such as parking, litter, aesthetic degradation and noise pollution;
the Mayor and Council of the Borough of New Milford desire to limit
the number of "garage sales" in residential areas in order to provide
a higher quality of life for the citizens of the Borough of New Milford.
[Ord. No. 95:1 § 4-17.2]
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "yard sales," "house sales," "estate sales," "attic sale,"
"rummage sale," "flea market," or any similar casual sale of tangible
personal property which is advertised by any means whereby the public
at large is or can be made aware of such sale.
Shall mean to include any new or used goods, warehouse merchandise,
or any other property capable of being the object of a sale regulated
hereunder.
Shall mean any corporation, business entity, individual and/or
member of his/her household.
[Ord. No. 95:1 § 4-17.3]
No person shall conduct a garage sale in the Borough of New
Milford without first filing with the Borough Clerk's Office between
the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding
legal holidays. The information hereinafter specified and obtained
from said office shall be known as a "Garage Sale Permit."
[Ord. No. 95:1 § 4-17.4; Ord. No. 2013:17]
The fee for such permit shall be fixed at $10 per event; each
event is limited to no more than three consecutive days; no more than
two events will be allowed in any one calendar year.
The permit shall be issued to any one household two times within
a calendar year and no such permit shall be issued for more than three
consecutive days.
Participants in garage sales sponsored by charitable, religious,
civic, nonprofit, schools and/or school organizations, whether such
sales are held on the grounds of such organizations or on the grounds
of a homeowner or tenant shall be exempt from this section.
No alcohol or games of chance will be permitted on the premises
unless otherwise specified by the Mayor and Council and all Borough
ordinances must be strictly complied with.
Each permit issued under the provisions of this section shall
be prominently displayed on the premises upon which the garage sale
is conducted throughout the entire period of the licensed sale.
[Ord. No. 95:1 § 4-17.5]
All garage sales shall be conducted no earlier than 9:00 a.m.
and not later than 5:00 p.m. on any day of the week.
[Ord. No. 95:1 § 4-17.6]
Four temporary signs shall be permitted for the period of the
sale, 48 hours prior to the sale and 24 hours thereafter. Planning
or Zoning Board of Appeal approval will not be needed.
No sign shall be affixed to curbside trees, telephone poles,
or street signs. No sign shall be posted, located or displayed on
a right-of-way, street or alley without obtaining the consent of the
abutting private property owner, if any, prior to the posting, locating
or displaying of the sign. No sign shall be located, posted or displayed
on Borough or private property without the consent of the private
property owner.
[Ord. No. 95:1 § 4-17.7]
The provisions of this section shall be enforced by the Office
of Code Enforcement Agency, and/or the Police Department of the Borough
of New Milford. It shall be their duty to investigate any violation
of this section. If a violation is found to exist, they shall prosecute
a complaint before the local municipal court pursuant to the provision
of this section.
Any permit issued under this section may be removed or suspended
without a permit hearing by the Chief of Police and/or Construction
Official when in his opinion, it is reasonably necessary to do so
for the public health, welfare and safety of the community.
[Ord. No. 95:1 § 4-17.8]
Any individual violating this section on a first offense shall
be fined $10.
Any individual who violates this section more than once shall
be subject to a fine of not less than $50 or more than $200. Said
fine shall be imposed upon the discretion of the Municipal Court.
[Ord. No. 95:1 § 4-17.9]
Applications as described in subsection 4-17.1 of this section must be filed with the Borough Clerk at least five business days prior to the date of sale.
[Ord. No. 98:07]
The purpose of this section is to promote the public health,
safety, and welfare through the regulation of the placement, appearance,
servicing, and insuring of newspaper and magazine stands and racks
located in the Borough rights-of-way in the Borough so as to:
a.
Regulate newspaper and magazine stands and racks in public rights-of-way
without in any way infringing on the First Amendment to the Constitution
of the United States, which prohibits the banning of newspaper and
magazine stands and racks;
b.
Provide for pedestrian and driving safety and convenience;
c.
Restrict unreasonable interference with the flow of pedestrian or
vehicular traffic, including ingress into or egress from any residence
or place of business, or from the street to sidewalk by persons exiting
or entering parked or standing vehicles;
d.
Provide reasonable access for the use and maintenance of poles, posts,
traffic signs or signals, hydrants, mailboxes, parking meters, and
access to locations used for public transportation purposes;
e.
Relocate and/or replace newspaper and magazine stands and racks which
result in visual blight and/or which unreasonably detract from the
aesthetics of store window displays, adjacent landscaping or other
improvements;
f.
Reduce unnecessary exposure of the Borough of New Milford personal
injury or property damage claims;
g.
Maintain and protect the values of surrounding properties in the
Borough of New Milford;
h.
Treat all newspapers equally regardless of their size, content, circulation,
or frequency of publication;
i.
Cooperate with distributors of newspapers and magazines and any other
publications; and
j.
Provide for the proper and efficient maintenance and intended use
of public rights-of-way while also leaving open adequate means of
distribution of newspapers, magazines, and other publications.
|
Nothing in this section, however, is to be construed as the
Borough of New Milford's acquiescence in, liability for, or assuming
the risks of the placement of newspaper or magazine racks and stands
in the Borough, whether conforming to the provisions herein or not.
|
[Ord. No. 98:07]
After conducting a study of the existing newspaper or magazine
racks and stands in the Borough and the effect on the public health,
safety and welfare of the residents and visitors of the Borough, it
has been determined that:
a.
A substantial growth in the number of newspapers, magazines and other
publications distributed in the Borough has produced a significant
increase in the number of newspaper or magazine racks and stands installed
in the public right-of-way.
b.
The uncontrolled placement of newspaper or magazine racks and stands
in public rights-of-way presents an inconvenience and a danger to
the safety and welfare of persons using the rights-of-way, including,
but limited to pedestrians, children, the elderly, vehicular traffic,
persons performing essential utility, traffic control and emergency
services, and persons with disabilities.
c.
The Borough and the private sector have invested significant funds
towards the maintenance, as well as, towards the orderly redevelopment
and revitalization of the Borough.
d.
The uncontrolled placement of newspaper or magazine racks and stands
in public rights-of-way does not promote the Borough's efforts.
e.
There is a need to regulate and establish procedures regarding installation,
placement, size, maintenance and insuring of newspaper or magazine
racks and stands within the Borough.
f.
Regulation of newspaper or magazine racks and stands will improve
the aesthetics of the Borough, promote the health, safety and welfare
of residents and visitors to the Borough, and support the development
and revitalization of the Borough.
[Ord. No. 98:07]
a.
ABANDONED NEWSPAPER OR MAGAZINE RACKS AND STANDS
BOROUGH
DISTRIBUTOR
ENFORCEMENT OFFICER
NEWSPAPER OR MAGAZINE RACK AND STAND
NEWSPAPER OR MAGAZINE RACK AND STAND OWNER
NEWSPAPER OR MAGAZINE RACK AND STAND PERMIT
PERSON
PUBLIC RIGHT-OF-WAY
SIDEWALK
STREET OR ROADWAY
Whenever used in this chapter, unless a different meaning clearly
appears from the context, or unless a different meaning is stated
in a definition applicable to only a portion of this chapter, the
following terms shall have the meanings indicated:
Shall mean any newspaper or magazine rack that does not contain
the publication specified therefor for more than four consecutive
days for a daily publication, eight consecutive days for a weekly
publication, 16 days for a bi-weekly publication, 32 days for a monthly
publication and 64 consecutive days for a bi-monthly publication.
In case of a labor strike or a temporary and extraordinary interruption
of distribution or publication of the newspaper, magazine, or any
other publication sold or dispensed from that newspaper or magazine
rack or stand, the newspaper or magazine rack owner shall notify the
enforcement officer in writing to avoid having the newspaper or magazine
rack and stand deemed abandoned.
Shall mean the Borough of New Milford.
Shall mean the person responsible for placing and maintaining
a newspaper or magazine rack and stand in a public right-of-way.
Shall mean the official of the Borough charged with the responsibility
of administering this chapter. The Enforcement Officer shall be a
proper town employee as designated from time to time by the Borough
Administrator.
Shall mean any unmanned, self-service or coin-operated box,
container, storage unit or other dispenser installed, used or maintained
for the exhibition, display, sale and/or distribution of newspapers,
magazines, or other printed material.
Newspaper or magazine racks and stands shall also mean any
self-service or coin-operated box, container, storage unit or other
dispenser installed, used or maintained for the display and sale of
newspapers or other news periodicals. The use of the singular herein
shall include the plural.
Shall mean any person or other legal entity owning a newspaper
or magazine rack and stand or distributing publications in a newspaper
or magazine rack and stand in a public right-of-way.
Shall mean the permit issued by the building inspector authorizing
the placement of newspaper or magazine racks and stands in a public
right-of-way.
Newspaper or magazine racks and stands shall be of style,
color, size, material, and design determined by the Mayor and Council
of the Borough of New Milford.
Shall mean any corporation, association, operation, firm,
partnership, trust or other form of business association as well as
natural person.
Shall mean any public street, highway, sidewalk, parkway,
alley or other public property located within the Borough.
Shall mean any surface provided and intended for the exclusive
use of pedestrians.
Shall mean that portion of a street designed for, or ordinarily
used for vehicular traffic. A newspaper or magazine rack and stand
shall not rest in whole or in part upon any public right-of-way, which
projects into, over or on any public right-of-way, shall be located
in accordance with the provisions of this section.
b.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural, the singular.
c.
Direction. "May" or "should" indicates a permissive direction; "must"
or "shall" indicates a mandatory direction.
d.
Terms Defined in Other Codes. Where terms are not defined in this
chapter and are defined in the Borough Code, they shall have the same
meaning as described therein.
[Ord. No. 98:07]
Any newspaper or magazine rack or stand which rests whole or
in part upon any portion of a public right-of-way shall be located
in accordance with the following provisions:
a.
No newspaper or magazine rack or stand shall be used or maintained
which projects onto, over, or into the roadway, or any part of the
roadway or any public street, promenade or ramp leading thereto, or
which rests wholly or in part, upon, along or over any portion of
the roadway, sidewalk, intersection of any public street.
b.
No newspaper or magazine rack and stand shall be permitted to rest
upon, in, or over any public sidewalk when such installation, use
or maintenance:
1.
Endangers the public safety of persons or property; or
2.
Unreasonably interferes with or impedes the flow of pedestrian traffic
along the public right-of-way;
3.
Unreasonably interferes with or impedes the flow of vehicular traffic,
including any legally parked or stopped vehicle, along the public
right-of-way;
4.
Unreasonably interferes with the ingress into or egress from any
public or private property or place of business;
5.
Unreasonably interferes with the use of traffic signals, fire hydrants,
police or fire call boxes, utility poles, mailboxes or other equipment
located on or near the public right-of-way; or
6.
Unreasonably interferes with public access to benches or rest stops
provided along the public right-of-way.
c.
Newspaper or magazine stands and racks must be placed next to each
other and grouped, provided that no group of newspaper or magazine
racks and stands shall extend for a distance of more than six (6')
feet along a curb. A "group" shall mean up to three newspaper or magazine
racks and stands and shall be separated from any other group by a
distance of at least twenty (20') feet. A "group" of newspaper or
magazine racks and stands shall be aligned in a manner as to provide
a uniform grouping and the minimization of incursions into the public
right-of-way.
d.
Newspaper or magazine racks and stands shall be placed, installed,
located, used or maintained:
1.
Within three (3') feet of any marked crosswalk;
2.
Within twelve (12') feet of a curb return of any unmarked crosswalk;
3.
Within five (5') feet of any fire hydrant, fire call box, police
call box or any other emergency facility or equipment;
4.
Within five (5') feet of any driveway;
5.
Within three (3') feet of or on any public area improved with lawns,
flowers, shrubs, trees or other landscaping;
6.
Within five (5') feet of a "No Stopping - No Standing Zone";
7.
Within five (5') feet of the entrance of a bus shelter;
8.
Within five (5') feet ahead or fifteen (15') feet to the rear of
any sign marking a designated bus stop.
[Ord. No. 98:07]
a.
Newspaper or Magazine Rack and Stand Permit Required. It shall be
unlawful for any newspaper or magazine rack and stand owner to erect,
place, maintain or operate on any public right-of-way any newspaper
or magazine rack and stand without first having obtained a newspaper
or magazine rack or stand permit from the Enforcement Officer in accordance
with the standards and time period set forth below. One newspaper
or magazine rack and stand permit shall be required for each newspaper
or magazine rack and stand.
b.
Application for Newspaper or Magazine Rack and Stand Permit.
1.
Any newspaper or magazine rack and stand owner who desires to install
and maintain a newspaper or magazine rack and stand on any public
right-of-way shall make an application for a permit, in writing, to
the Enforcement Officer on such forms as shall be provided by the
Building Department. The application shall contain the following information:
(a)
The name, address and telephone number of the applicant who
is the owner and/or principal who is responsible and in charge of
the newspaper or magazine stand or rack;
(b)
The name, address and telephone number of a responsible person
whom the Borough may notify or contact at any time concerning the
applicant's newspaper or magazine rack and stand;
(c)
The proposed location of such newspaper or magazine rack and
stand as shown on the Borough map to be provided by the Enforcement
Officer;
(d)
The proposed location of any existing newspaper or magazine
rack and stand located within the Borough belonging to said applicant
including the date each was installed;
(e)
The names of newspapers, magazines or periodicals to be contained
in each rack and stand;
(f)
A signature by the applicant or the applicant's authorized representative.
2.
Any newspaper or magazine rack and stand owner having a newspaper
or magazine rack and stand, which is already located or installed
in whole or in part on any public right-of-way on the effective date
of this section shall, within 30 days from the effective date hereof,
file an application for a newspaper or magazine rack and stand permit.
3.
Each newspaper or magazine rack and stand owner shall have the duty
to promptly notify the Enforcement Officer of any such changes in
the information provided in its application.
c.
Standards for Issuance of Newspaper and Magazine Rack and Stand Permit.
The Enforcement Officer shall issue a newspaper or magazine rack and
stand permit if the proposed location and character of the newspaper
or magazine rack and stand complies with the requirements of this
chapter and if the applicant is not otherwise in violation with any
provisions of this chapter. Approval for specific locations shall
be granted based on a priority system where a request received earlier
in time shall have priority over subsequent requests.
d.
Time to Act on Application; Statement of Reasons. The Enforcement
Officer shall either grant or deny an application for a newspaper
or magazine rack and stand permit within 30 days of receipt of the
application. If the Enforcement Officer denies the application, the
Enforcement Officer shall state with particularity the reasons for
denial, including, in the case of denial, the specific provisions
of this chapter which the application fails to meet.
e.
Fees.
1.
A permit fee in the amount of $25 for the first newspaper or magazine
rack and stand, and $10 for each additional newspaper or magazine
rack and stand, shall be paid upon submission of an application. No
application shall be deemed complete unless it is accompanied by the
required permit fee.
2.
Any permit issued thereunder shall be valid for a period of one year
from the date of issuance thereof and shall be renewable upon the
payment of an annual fee in the amount of $10 which shall be accompanied
by written confirmation that the location of the newspaper or magazine
rack and stand has not been changed.
3.
The purpose of the initial permit fee and the annual renewal fee
required under this subsection is to offset the cost of administration,
inspection and enforcement of the provisions of this chapter.
f.
Unlimited Number of Newspaper or Magazine Racks or Stands. The provisions
of this chapter, including the permit requirements, are not intended
to limit the reasonable number of newspaper or magazine racks and
stands that can be located in the Borough, nor the reasonable number
of newspaper or magazine racks and stands that any newspaper or magazine
rack and stand owner may locate within the Borough; provided however,
that no more than one newspaper or magazine rack and stand containing
a specific publication shall be located within a thirty (30') foot
radius of another newspaper or magazine rack and stand containing
the same.
g.
No Time Restrictions. There is not time restriction as to when the
public may access the newspaper or magazine racks and stands.
[Ord. No. 98:07]
Every person or company who places or maintains a newspaper
or magazine rack and stand on the streets of the Borough of New Milford,
shall have placed in a visible location on each and every newspaper
or magazine rack and stand, the firm's name, address, and telephone
number. Such identification must be maintained, and it shall be the
responsibility of such person or firm to inspect and insure that such
identification is current and visible at all times.
[Ord. No. 98:07]
a.
Any person or firm owning and placing a newspaper or magazine stand
in the Borough of New Milford shall, prior to placement, obtain a
permit from the Building Department. The Building Department shall
determine that such placement is being made in accordance with the
provisions of this section. The Building Department shall issue a
sticker which is to be affixed to each newspaper or magazine stand.
The sticker shall be valid for one year from the date of issuance
and a renewal shall be necessary at the conclusion of the time period.
b.
The Building Department shall charge a fee of $25 for each permit
issued. This shall be an annual fee commencing January 1st of each
year.
c.
Any newspaper or magazine stand currently located in the Borough
of New Milford shall have 30 days from passage of this section to
come into compliance.
[Ord. No. 98:07]
a.
Filing of Insurance Policy. Any person or firm locating a newspaper
or magazine rack and stand in the Borough of New Milford, shall present
at the time of application, and prior to the issuance of a permit,
a Certificate of Insurance in the amount of one million ($1,000,000.00)
dollars, per occurrence.
b.
Such person or firm shall also present an application for a license
and certificate declaring the Borough of New Milford to be held harmless
from any accident involving such newspaper or magazine stands, or
any action arising out of any accident or action regarding said newspaper
or magazine racks and stands. The insurance company shall provide
that the insurance company shall notify the Borough 30 days prior
to cancellation or substantial change in coverage.
[Ord. No. 98:07]
Should any newspaper or magazine stand remain empty for a period
of not less than 30 days, it shall be deemed to have been abandoned
and shall be removed by the Department of Public Works. It shall be
stored at the DPW for no more than 30 additional days at which time
it shall be disposed of.
[Ord. No. 98:07]
a.
Grounds for impounding newspaper or magazine racks or stands. The
Borough may impound any newspaper or magazine rack or stand:
1.
That creates an unreasonable danger to pedestrians or vehicles;
2.
Where the newspaper or magazine rack or stand has received more than
two notices of noncompliance within one year;
3.
Which is an abandoned newspaper or magazine rack or stand as defined
by this chapter;
4.
Where the newspaper or magazine rack or stand owner fails to pay
the annual permit fee (provided that the Borough sends a delinquency
to the newspaper or magazine rack or stand owner and the newspaper
or magazine rack or stand owner fails to pay the annual permit free
within 30 days of the date that the Borough provided such notice);
5.
Where the newspaper or magazine owner has not submitted a permit
application within 60 days from written notice of the adoption of
this section; or
6.
Where a newspaper or magazine rack or stand is placed in the town
without first obtaining a newspaper or magazine rack and stand permit.
b.
Notice of Impoundment Action. Except for those situations provided
for in paragraphs a1, 5 and 6 above, the Borough shall employ all
reasonable efforts to provide 30 days notice, by certified mail, return
receipt requested, to the permittee before impounding the newspaper
or magazine rack and stand.
c.
Notice of Actual Impoundment. The Borough shall employ all reasonable
efforts to provide written notice of a newspaper or magazine rack
and stand actual impoundment by certified mail, return receipt requested
to the newspaper or magazine rack or stand owner by the next full
business day after the impoundment. The newspaper or magazine rack
or stand owner shall be entitled to obtain the return of the impounded
newspaper or magazine rack or stand from the Borough upon request
during normal business hours, provided that the newspaper or magazine
rack or stand is not being held as evidence in any criminal proceeding.
d.
Unclaimed Newspaper or Magazine Racks or Stands. Any newspaper or
magazine rack and stand impounded pursuant to this section that is
not claimed within 30 days of actual impoundment shall be disposed
of in a manner determined by the Enforcement Officer in accordance
with relevant law.
[Ord. No. 98:07]
a.
Right to Appeal. Any applicant who is denied a newspaper or magazine
rack or stand permit, or any other person who is affected by any other
action by the Enforcement Officer in connection with the enforcement
of any provisions of this section or of any rule or regulation adopted
pursuant hereto, may request and shall be granted a hearing on the
matter before the Newspaper and Magazine Appeals Panel. A written
petition requesting such a hearing and containing a statement of the
grounds therefor shall either be delivered personally to the Borough
Administrator or sent by certified or registered mail, return receipt
requested, within 30 days from the date of the action which is being
appealed. The availability of such a hearing shall not in any way
be deemed to deprive or preclude an applicant from directly seeking
relief in any court of competent jurisdiction.
b.
Hearing. Upon receipt of such a petition, the Borough Administrator
shall set a time and place for such a hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why the decision or action
should be affirmed, overruled or modified. The hearing shall be commenced
not later than 10 business days after the day on which the petition
was filed (or as soon thereafter as is practicable), provided that
upon application of the petitioner, the Borough Administrator may
postpone the date of the hearing for a reasonable time beyond such
10 business day period if, in his judgment, the petitioner has submitted
a good and sufficient reason for such postponement. The Newspaper
and Magazine Appeal Panel shall consider the findings of the Enforcement
Officer and the testimony and submissions, if any, of the petitioner.
After such hearing, the Newspaper and Magazine Appeal Panel shall
affirm, overrule or modify the action of the Enforcement Officer.
c.
Record of Proceedings. The findings and decision of the Newspaper
and Magazine Appeal Panel shall be in writing and entered as a matter
of public records in the office of the Borough Clerk. Such record
shall also include a copy of every notice or order issued in connection
with the matter. The record of such proceedings shall be retained
for 60 days after the final decision is made.
[Ord. No. 98:07]
a.
Enforcement Officer. Except as otherwise provided, the requirements
of this chapter shall be enforced by the Enforcement Officer who shall
seek such penalties as are provided herein.
b.
Notice of Noncompliance. If the Enforcement Officer determines that
a newspaper or magazine rack and stand does not comply with the provisions
of this chapter, the Enforcement Officer shall mail a written notice
to the newspaper or magazine rack or stand owner, by certified mail,
return receipt requested, stating the reasons why such newspaper or
magazine rack and stand does not comply with the aforesaid provisions.
c.
Determination of a Violation. If a newspaper or magazine rack and
stand owner fails to adjust, correct, obtain a permit or otherwise
cause such newspaper or magazine rack and stand to comply with the
provisions of this chapter within seven days from the date that written
notice of noncompliance is mailed by the Enforcement Officer, such
newspaper or magazine rack and stand owner shall be deemed in violation
thereof. The foregoing shall not preclude the Enforcement Officer
from providing subsequent written notices of noncompliance for the
same offense.
d.
Form of Notice. Notices pursuant to this chapter shall be sent to
the holder of the newspaper or magazine rack and stand, or in the
case of a newspaper or magazine rack and stand located within the
Borough without a permit, notices shall be sent to the name and address
listed on the newspaper or magazine rack or stand, if available, or
to the publisher of the publication contained therein.
[Ord. No. 98:07]
Any person or firm who violates any subsection of this section
shall be subject to a fine of not less than $50, and not more than
$500 for each stand or imprisonment for a term of not more than 90
days, or both. For each and every day the violation exists following
written notification to the person or firm named on the newspaper
or magazine stands, an additional violation may be issued. If there
are any violations on more than one newspaper or magazine stand owned
by any person or firm, each violation shall be deemed a separate violation.
Each day that a violation continues may be deemed a separate violation.
[Ord. No. 98:07]
If, as a result of changed conditions, the Mayor and Council
find that it is necessary and in the public interest to alter the
standards, the method of vending or the prescribed location of any
newspaper or magazine rack and stand provided for herein, no alteration
shall be taken until all affected newspaper and magazine racks and
stands are afforded due notice and hearing on the nature of said alteration.
[Ord. No. 2001:01]
Shall mean the taking of still or motion pictures, either
on film, video tape, or similar recording medium intended for commercial
use for viewing on television, in the theaters or for advertising
purposes.
Shall mean the reporting or summarizing of information concerning
something that has either recently taken place or of current events
of general interest and includes such features commonly known as newscasts,
news bulletins and news anthology programs.
[Ord. No. 2001:01]
No person shall film or permit filming within the Borough of
New Milford without first obtaining a permit, which permit shall set
forth the location of such filming and the date or dates when filming
shall take place.
a.
Application for Permit. Permits shall be obtained in the office of
the Borough Clerk and the application for a permit shall be in a form
approved by the Borough Clerk and shall be accompanied by a fee as
set forth herein, or as may hereafter be established by ordinance.
Permits shall be issued in accordance with the procedures governing
the issuance of licenses and permits.
b.
Permit Period. A permit shall be sufficient to authorize outdoor
or indoor filming for one film within a period of not more than 10
days beginning on the date of issuance of the permit. If the filming
does not take place during the dates specified in the permit due to
inclement weather or other good cause the Borough Clerk may issue
a new permit at no additional fee.
c.
Maximum Number of Permits. No more than six such permits may be issued
for any location within any calendar year unless a waiver is obtained.
[Ord. No. 2001:01]
No permit shall be issued for filming within the Borough of
New Milford unless the applicant for such permit:
a.
Provides liability insurance coverage for bodily injury of not less
than $100,000 per person; property damage of not less than $50,000
per person and aggregate coverage for both bodily injury and property
damage, per occurrence, of not less than $500,000.
b.
Specifies in writing that the Borough of New Milford will be indemnified
and held harmless from any and all liability or damages.
c.
Obtains the permission of the owners where the filming takes place
on private property.
d.
Agrees to comply with all lawful directives issued by the New Milford
Police Department, Fire Department and other departments where deemed
necessary; and to reimburse the Borough of New Milford for any police,
fire or other Borough personnel.
e.
Delivers to the Borough an escrow deposit in an amount equal to twice
the permit fee plus $500. The Borough shall hold such escrow until
one week after the completion of the filming and cleaning up to insure
that the applicant cleans all debris left by or repairs any damage
caused by the applicant or the applicant's agents and to pay the Borough
for any obligation of the applicant that has not been paid.
f.
Provides two days' notice to property owners of properties located
within two hundred (200') feet of the property lines of the premises
for which the permit is requested as measured along public streets.
Such notice shall be in writing and shall advise the property owner
of the date or dates upon which filming is to take place and the location
of the premises where the filming is to take place. Such notice shall
either be personally served or served by certified mail, return receipt
requested, upon the property owners or residents entitled to receive
notice, at least 48 hours prior to the commencement of filming. Service
by certified mail shall be complete upon the receipt of such mail
by the residents and property owners. Upon the written request of
the applicant, the Building office shall, within 72 hours, make and
certify a list from the current tax duplicates of the addresses of
property located within the Borough of New Milford within two hundred
(200') feet of the property lines of the premises for which the permit
is requested, together with the names and addresses of the record
owners thereof. Notice to owners of properties in adjoining municipalities
shall be given by personal service or by certified mail; said notice
shall also be given to the Clerk of such adjoining municipality. Failure
to give notice to a resident or property owner of premises not shown
on the list shall not invalidate the permit. Prior to commencing filming,
the applicant shall file an affidavit of proof of service with the
Borough Clerk.
g.
Hires an off-duty New Milford police officer for the times indicated
on the permit.
[Ord. No. 2001:01]
a.
Hours Permitted. In residential zones, filming shall be permitted
only Monday through Friday between the hours of 9:00 a.m. and 7:00
p.m. or sundown, whichever is earlier.
b.
Interference with Public Activity. The holder of a permit shall conduct
filming in such a manner as to minimize the inconvenience or discomfort
to adjoining property owners attributable to such filming. The holder
shall avoid any interference with previously scheduled activities
upon public lands and limit, to the extent possible, any interference
with normal public activity on such public lands.
c.
Removal of Equipment and Debris. The holder of a permit shall take
all reasonable steps to minimize the creation and spread of debris
and rubbish during filming and shall be responsible for removing all
equipment, debris and other rubbish from the filming location upon
completion of filming or the expiration of the permit, whichever comes
first. Should the holder of the permit fail to remove all equipment,
debris and other rubbish within the time period specified, the Borough
may remove same at the expense of the applicant and the applicant
shall reimburse the Borough for the cost thereof.
d.
Notice to Borough. The applicant shall notify the Borough Clerk at
least 72 hours before filming in order to give the Borough Clerk sufficient
opportunity to notify the Borough Departments so that they may have
an authorized representative inspect the site and take such other
measures as may be necessary to protect the public health, safety
or welfare.
e.
Public Safety. The holder of the permit shall comply with all lawful
directives issued by the New Milford Public Safety Department and
comply with all other applicable laws. When, in the judgment of the
Director of Public Safety, or his designee, the presence of additional
police, fire or code enforcement personnel are required in connection
with the filming, the applicant shall reimburse the Borough for the
cost of such personnel.
f.
Encroachment Upon Adjoining Property. The holder of the permit shall
not conduct filming in such a manner as to preclude access to adjoining
properties from the public street or to encroach upon adjoining property
without the express written consent from the owner and occupant thereof.
Vehicles used in connection with the filming, including vehicles of
personnel associated with such filming, shall be parked off the public
right-of-way. Vehicles should not be parked so as to encroach upon
private property without the express written consent from the owner
or occupant thereof. The Borough of New Milford will tow vehicles
parked or located in violation hereof and the applicant thereof shall
reimburse the cost to the Borough.
g.
Lights; Noise. Lights used in connection with the filming shall not
shine directly into any window upon other property nor shall any noise
from the filming extend across property lines in excess of the limitation
specified in the Borough's noise ordinance. In the event of a violation
hereof, the Borough may abate such violation and charge the cost thereof
to the applicant who shall reimburse the Borough for such cost.
h.
Vehicles. Vehicles used in connection with the filming, including
vehicles of personnel associated with such filming, shall be parked
off the public right-of-way. Vehicles should not be parked so as to
encroach upon private property without the express written consent
from the owner or occupant thereof. The Borough of New Milford will
tow vehicles parked or located in violation hereof and the owner thereof
shall reimburse the cost to the Borough.
i.
On-site Electrician. Where existing electrical power lines are to
be utilized by the production, an on-site licensed electrician may
similarly be required if the production company does not have a licensed
electrician on staff.
j.
Enforcement; Cost of Litigation. The applicant will pay the Borough's
reasonable attorney's fees at $125 per hour and costs of litigation
if the Borough brings suit to enforce any of its rights.
[Ord. No. 2001:01]
In accordance with the procedures governing the denial and revocation
of permits, the Borough Clerk may refuse to issue a permit or revoke
a permit whenever he determines, on the basis of objective facts and
after a review of the application and a report thereon by the Police
Department and by other agencies involved with the proposed filming
site, that filming at the location and/or time set forth in the application
would violate any law or ordinance or would unreasonably interfere
with the public's use of public lands, 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.
[Ord. No. 2001:01]
Any person aggrieved by a decision of the Borough Clerk granting,
denying or revoking a permit may appeal to the Borough Council in
accordance with the procedures governing such appeals.
[Ord. No. 2001:01]
The Borough Administrator may authorize a waiver of any of the
requirements or limitations of this section if he determines that
strict compliance with such limitations will impose an unreasonable
burden upon the applicant and that such a permit may be issued without
endangering the public's health, safety and welfare; provided, however,
that the Borough Administrator must report any such waiver to the
Borough Council at their next meeting and give the reasons for the
waiver.
[Ord. No. 2001:01]
The schedule of fees for the issuance of permits authorized
by this section is as follows:
a.
Basic Filming Permit: $75 non-refundable.
b.
Where an applicant requests a waiver of the provision of subsection 4-19.3f requiring expedited processing of the permit application, the basic permit fee shall be $125.
d.
Nonprofit applicants filming for educational purposes (no daily rate
required): $25.00
[Ord. No. 2001:01]
The provisions of this section relating to the requirement for
and the issuance of permits shall not apply to the filming of news
stories, provided, however, that such filming shall comply with the
following regulations:
a.
In residential zones, such filming shall, to the extent possible,
occur only Monday through Friday between the hours of 9:00 a.m. and
7:00 p.m. or sundown, whichever is earlier.
b.
Such filming shall be conducted in such a manner as to minimize the
inconvenience or discomfort to adjoining property owners or the interference
with previously scheduled activities or normal public activities upon
public lands.
c.
Such filming shall be conducted so as to minimize the creation and
spread of debris and rubbish during filming and, upon the completion
of the filming, those conducting the filming shall remove all equipment,
debris and other rubbish from the filming location.
d.
To the extent practical, advance notification shall be furnished
to the Borough Clerk of such filming.
e.
Such filming shall comply with all law directives issued by the New
Milford Public Safety Department.
f.
Such filming shall be conducted in such manner as not to preclude
access to adjoining properties from the public street or to encroach
upon adjoining property without the express written permission from
the owner and occupant thereof.
[Ord. No. 2001:01]
Any person violating any part of this section shall be subject
to a fine not to exceed $500 or imprisonment for a term not to exceed
90 days, or both.
[Ord. No. 2009:01]
Regulates the licensing and placement of clothing bins within
the Borough of New Milford.
[Ord. No. 2009:01]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meaning stated herein.
Shall mean any person or municipal department authorized
by resolution of the Governing Body.
Shall mean and include the employment of canisters, receptacles
or similar devices for the collection of things of value.
Shall mean the request, directly or indirectly for money,
credit, property, financial assistance, or other thing of any kind
of value. A solicitation shall take place whether or not the person
or entity making the solicitation receives any contribution.
[Ord. No. 2009:01]
a.
No person or entity shall place, use or employ a donation or clothing
bin for solicitation purposes, unless all of the following requirement
are met:
1.
The person has obtained a permit, valid for one year from the date
of issuance, from the Borough Clerk or appropriate municipal official
in accordance with the following requirements:
(a)
The name, address and telephone number of a bona fide office
is required of any entity which may share or profit from any donation
or clothing bin;
(b)
Identify the exact location of the bin, as precisely as possible;
(c)
Identify the manner in which any clothing or donations would
be used, sold, dispersed and the methods by which the proceeds collected
would be allocated or spent;
(d)
Provide written consent from the property owner where the bin
will be located;
(e)
Pay the required annual fee of $25;
(f)
Renew the permit annually or otherwise for each bin in accordance
with the requirements of this section.
b.
Restrictions. The municipal official shall not grant an application
for donation or clothing bin if he or she determines that the placement
would constitute a safety hazard. Such hazards shall include, but
are not limited to, the placement of any donation/clothing bin within
100 yards of any place which stores or sells fuel or other flammable
liquids or gases.
c.
Notices. The permit number and date of expiration shall be clearly
and conspicuously displayed on the exterior of the donation/clothing
bin along with the following information:
1.
A statement indicating all persons/entities sharing profit from any
bin, a telephone number where they can be reached during normal business
hours at a bona fide office. An answering machine shall not constitute
a bona fide office;
2.
A statement describing the manner in which any clothing or donations
would be used, sold, dispersed and the methods by which the proceeds
collected would be allocated or spent.
[Ord. No. 2009:01]
This section shall be enforced by the Borough of New Milford
Police Department, Construction Code Official, Property Maintenance
Officer or any such employee or department of the Borough as designated
in writing by the Borough Administrator.
a.
All complaints shall be investigated complaints within 30 days. Whenever
it appears that there has been a violation of this section, the person
or entity which placed the bin shall be issued a warning to correct
the violation or request a hearing within 14 days. In addition to
any other means used to notify the owner who placed the bin, such
notice shall also be affixed to the exterior of the bin.
b.
If the violation is not abated or a hearing requested, the bin will
be seized and removed at the expense of the owner. The bin and/or
its contents will be sold at public auction or otherwise disposed
of. Any proceeds from the sale of the bin or contents thereof shall
be paid to the Borough.
[Ord. No. 2009:01]
a.
Any person, corporation and/or entity violating or neglecting to
comply with any provision of this section, shall be subject to a fine
in accordance with the general penalty ordinance of the Borough of
New Milford.[1]
b.
Additional penalties — Pursuant to N.J.S.A. 40:48-2.63 or any
other applicable statute, any violation which results in a seizure
of a donation or clothing bin shall also be subject to:
c.
Any person/entity found ineligible may apply to restore its eligibility
upon compliance with all of the provisions of this section, unless
such ineligibility was based upon fraud and/or deception.
[Added 2-13-2023 by Ord. No. 2023:01]
a.
The owner of a business or the owner of a rental unit or units shall
maintain liability insurance for negligent acts and/or omissions in
an amount of no less than $500,000 for combined property damage and
bodily injury to or death of one or more persons in any one accident
or occurrence.
b.
The owner of a multifamily home which is four or fewer units, one
of which is owner occupied shall maintain liability insurance for
negligent acts and/or omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
[Added 2-13-2023 by Ord. No. 2023:01]
The owner of a business, owner of a rental unit or units and
the owner of a multifamily home of four or fewer units, one which
is owner occupied, shall annually register a certificate of insurance
with the Borough Clerk, on or before February 1st of each year or
within 30 days of obtaining ownership of the property.
[Added 2-13-2023 by Ord. No. 2023:01]
There shall be an annual administrative fee in the amount of
$25.
[Added 2-13-2023 by Ord. No. 2023:01]
Failure to annually register a certificate of insurance on or
before February 1st of each year shall result in a fine of $500 which
shall be collected through a summary proceeding pursuant to the "Penalty
Enforcement Law of 1999", P.L. 1999, c. 274 (C.2A- 58-10, et seq.).
