[1982 Code § 67-1]
As used in this section:
AUCTION
Shall mean the sale of real or personal property by auction on public or private property to which the public has been invited or to which 20 or more persons have been invited by private invitation.
MERCHANDISE
Shall mean and include all goods, wares, food, fruit, vegetables, farm products, magazines and periodicals, and all kinds of articles of personal property for domestic use and orders or contracts for service, home improvement or alterations shall be considered "merchandise" within the terms of this section.
PEDDLER
Shall mean any person who goes from place to place by traveling on the streets and roads or from house to house carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
SOLICITOR
Shall mean any person who goes from place to place by traveling on the streets and roads or from house to house taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments of such sales. The word "solicitor" shall include the word "canvasser," provided that this definition shall not include wholesale salesmen calling on retail merchants.
[1982 Code § 67-2]
The purpose of this section is to prevent fraud, crime and unethical and dishonest business practices. The fees charged for the issuance of licenses shall not be considered revenue but shall be charged for the purpose of covering the expense of investigation and regulating the conduct of licensees.
[1982 Code § 67-3]
a. 
License to Sell. Except as otherwise provided in this section, it shall be unlawful for any solicitor, hawker or peddler to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise or to solicit orders for the performance of any service, within the corporate limits of the Borough, without first obtaining a license in compliance with the provisions of this section. The license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed solicitor, hawker or peddler for every agent or employee working for him.
b. 
Auction License. It shall be unlawful for any person, firm or organization to hold an auction within the limits of the Borough without first obtaining a license therefor from the Municipal Clerk, which shall specify the date or dates of the auction, a copy of which shall be delivered to the Chief of Police. No fee shall be charged for the issuance of the license.
[1982 Code § 67-4]
The requirements of this section shall not apply to the following:
a. 
Any public utility or its employees subject to regulation by the State Board of Public Utility Commissioners, provided that such employees shall display identification badges or cards issued by their employer.
b. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
c. 
Any charitable or religious society located in the Borough that conducts sales of personal property when the proceeds are applied to the payment of expenses and to the charitable or religious object for which the society exists.
d. 
Any person honorably discharged from the military service of the United States possessing a peddler's license issued in conformity with N.J.S.A. 45:24-9 and 24-10.
e. 
Any person who is an exempt Firefighter of a Volunteer Fire Department, as defined by N.J.S.A. 45:24-9 and 24-10, possessing a license in conformity with the law.
f. 
Any person selling fruits and farm products grown by himself, with or without the help of others.
[1982 Code § 67-5]
Every applicant for a license under this section shall file with the Chief of Police, at least one full working day prior to the effective date of the requested license, a sworn written application, in duplicate, on the form to be furnished by the Chief of Police, which shall give the following information:
a. 
The name and description of the applicant.
b. 
The permanent home address and full local address of the applicant.
c. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
d. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The length of time for which the license is desired.
f. 
If a vehicle is to be used, a description of the vehicle and its license number.
g. 
The place where the goods or property to be sold or offered for sale are manufactured or produced, where the goods or property are located at the time such application is filed and the proposed method of delivery.
h. 
A photograph of the applicant taken within 60 days immediately prior to the date of application, which photograph clearly shows the head and shoulders of the applicant and measures two inches by two inches.
i. 
The fingerprints of the applicant.
j. 
Two business references located in the County of Hunterdon, State of New Jersey, or, in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate his character and responsibility.
k. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
[1982 Code § 67-6; New]
At the time the application is filed, a fee of $25 shall be paid to the Chief of Police, to be submitted to the Borough Treasurer, to cover the cost of processing the application and investigating the facts stated therein.
[1982 Code § 67-7]
When the application is properly filled out and signed by the applicant, the original and duplicate shall be filed with the Chef of Police. The Chief of Police shall make or cause to be made such investigation of the applicant's business responsibility and moral character as he deems necessary for the protection of the public good.
a. 
Determination of application as unsatisfactory.
1. 
If as a result of the investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval and the reasons therefor and return the application to the applicant. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respects to the applicant:
(a) 
Conviction of any crime involving moral turpitude, breaking or entering or burglary.
(b) 
Prior violation of a peddling or soliciting ordinance.
(c) 
Previous fraudulent acts or conduct.
(d) 
Record of breaches of solicited contracts.
(e) 
Concrete evidence of bad character.
2. 
In the absence of any such findings, the Chief of Police shall find the application satisfactory.
b. 
If as a result of the investigation the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval and issue a license addressed to the applicant to conduct the business applied for. The license shall contain the signature of the issuing Officer and show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold, the type of solicitation to be undertaken, the date of issuance, the length of time the license shall be operative and the license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
c. 
The Chief of Police shall issue to each licensee at the time of the delivery of his license a badge or other identifying marking, which shall show the nature of the license, the period for which the license was issued and the number of the license in letters and figures easily discernible from a distance of 10 feet. During the time the licensee is engaged in peddling or soliciting, the badge shall be worn constantly by him on the front of his outer garment in such a way as to be visible to a person facing him.
[1982 Code § 67-8]
Each holder of a peddler's or solicitor's license issued by the Chief of Police under the authority of this section or by the Clerk of the County under the authority of N.J.S.A. 45:24-9 shall be required to carry the license with him while engaged within the Borough in the business or activity licensed. He shall produce the license at the request of any official resident of the Borough with whom he wishes to conduct his business or activity. Every licensee, as well as every person referred to in subsection 4-1.4a shall restrict his selling or soliciting activity within the Borough to the hours between 9:00 a.m. and 5:00 p.m. Mondays through Fridays, and on each day of such activity shall notify the Police Officer on duty immediately before commencing his selling or soliciting activity and immediately after completing it. Notification shall include a statement as to the general area of the town in which the licensee, as well as every person referred to in subsection 4-1.4a, intends to conduct or has conducted the activity.
[1982 Code § 67-9]
No peddler or solicitor shall call attention to his business or to his merchandise by crying out, blowing a horn, ringing a bell, other than a doorbell of a building, or by any other loud or unusual noise. No peddler or solicitor shall conduct or attempt to conduct his business at any residence or on any property on which is posted a sign expressly prohibiting the activity.
[1982 Code § 67-10]
It shall be the duty of any Police Officer of the Borough to enforce the provisions of this section and to require any person seen peddling or soliciting, who is not known by the Officer to be duly licensed, to produce his peddler's or solicitor's license.
[1982 Code § 67-11]
The Chief of Police shall maintain a record of all licenses issued under the provisions of this section and record therein all convictions for violations and other pertinent circumstances and incidents reported by any Police Officer.
[1982 Code § 67-12]
Licenses issued under the provisions of this section may be revoked by the Borough Council, after notice and hearing, for any of the following causes:
a. 
Fraud, misrepresentation or false statement contained in the application for license.
b. 
Fraud, misrepresentation or false statement by the licensee in the course of conducting the business licensed.
c. 
Any violation of this section.
d. 
Conviction of any crime involving moral turpitude, breaking and entering or burglary.
e. 
Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
[1982 Code § 67-13]
Notice of hearing for revocation of a license shall be given in writing. The notice shall set forth the specific grounds of complaint and the time and place of hearing and shall be sent by registered mail to the licensee at his last known address at least five days prior to the date set for hearing.
[1982 Code § 67-14]
Any person aggrieved by the action of the Chief of Police in the denial of a license shall have the right of appeal to the Borough Council. The appeal shall be taken by filing with the Borough Council, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided in subsection 4-1.12 for notice of hearing on revocation. The decision of the Borough Council shall be final.
[1982 Code § 67-15]
All licenses issued under the provisions of this section shall expire on December 31 of the calendar year in which they are issued. Any license may be renewed without payment of an additional registration fee upon submission by the licensee of a new application in conformity with the requirements of subsection 4-1.5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up to date. A new application or statement in lieu thereof shall be subject to the provisions and standards set forth in subsection 4-1.5.
[Ord. No. 574 §§ 1 — 5]
a. 
The Borough of Frenchtown shall permit charitable organizations as defined in N.J.S.A. 45:17A-20 to solicit contributions in the roadways situate in the Borough of Frenchtown in accordance with the provisions contained herein.
b. 
All charitable organizations as defined in N.J.S.A. 45:17A-20 who wish to solicit contributions in the Borough of Frenchtown shall apply to the Borough Clerk and specify the following information:
1. 
Name of application organization.
2. 
Address of applicant organization.
3. 
Telephone of applicant organization.
4. 
Contact person of applicant organization.
5. 
Specific location or locations of charitable solicitation.
6. 
Dates and time of charitable solicitation.
7. 
If the request pertains to a location or locations on any County highway, or intersection of a County highway, the application should include a copy of an authorization from the County Board of Chosen Freeholders to permit the charitable solicitation.
8. 
If the request pertains to a location or locations on any State highway or intersection of a State highway, the application should include a copy of an authorization from the Commissioner of Transportation to permit the charitable solicitation.
9. 
Proof of qualification as a charitable organization as defined in N.J.S.A. 45:17A-20.
c. 
Upon the filing of a complete application in accordance with the provisions of this subsection, the Clerk of the Borough of Frenchtown shall present same to the Mayor and Council for its review and consideration, after which the Mayor and Council shall grant or deny the applicant's request. In the event the Mayor and Council grants the applicant's request, it shall issue a permit to the applicant which shall be subject to the representations contained in the applicant's application and any conditions imposed by the Mayor and Council.
d. 
In no event shall any charitable organization requesting authorization from the Borough of Frenchtown for the charitable solicitation use any individual under the age of 18 years to perform any function or task associated with the charitable solicitation in any roadway.
e. 
Any charitable organization requesting authorization from the Borough of Frenchtown for the charitable solicitation shall comply with all of the terms and conditions of N.J.S.A. 39:4-60 as amended by P.L. 1997, Chapter 82 approved April 30, 1997.
[1982 Code § 36-1]
It is determined to be in the public interest to regulate and control the number of amusement games for hire within the Borough by providing for the licensing of such amusement games and by limiting the number in any one location.
[1982 Code § 36-2]
It shall be unlawful for any person, firm or business organization to make available to the public or otherwise operate any amusement game for hire without first obtaining a license therefor.
[1982 Code § 36-3]
"Amusement games" shall mean pinball, pool table, electronic games, video games or any other similar amusement games.
[1982 Code § 36-4; Ord. No. 431]
There shall be required a separate license for each premises, and the total number of amusement games permitted at any one location or business establishment shall be limited to three. The license issued by the Borough must be prominently displayed and identify the number of amusement games at that location for which the required fee has been paid.
[1982 Code § 36-5; Ord. No. 431]
The fee to be paid by any applicant for such license shall be $50 per amusement game, payable prior to its issuance, and the license shall be effective for one year and must be renewed annually on July 1 of each year.
[Ord. No. 546]
The provisions of N.J.S.A. 24:15-14 provide for collection of inspection fees for retail food establishments; and the Hunterdon County Health Department, in conducting these inspections pursuant to existing Health Services Agreements on behalf of the Borough, feels that it is appropriate to waive the inspection fee where the license applicants are charitable or governmental operations.
The fee for a temporary retail food establishment license shall be $15 over the fee set in a contract with the Hunterdon County Board of Health for inspection services; and the Borough of Frenchtown feels that in consideration of the nature of various charitable, educational and public organizations, that it would be appropriate for the Hunterdon County Health Department and the Borough of Frenchtown to waive the inspection fees.
[Ord. No. 546 § 1]
Retail food establishment inspections fees for temporary food establishment inspections shall be set at $15 over the fee set in a contract with the Hunterdon County Board of Health and waived when the license holder of the temporary food establishment falls within one of the following categories:
Boy/Girl Scouts, 4-H, Fire Departments, Rescue/Ambulance Squads, Recreational Organizations, Churches, Public Schools, Historical Societies, Service Clubs, Fraternal Organization, YMCA, Chamber of Commerce and any other organization which provides written proof of Federal tax exemption, pursuant to Section 5-1(c)(3) of the Internal Revenue Code. However, this exemption shall not extend to any political clubs or organizations.
[Ord. No. 660]
This section shall be known as and referred to as the "Frenchtown Borough Alarm System Ordinance."
[Ord. No. 660]
The purpose of this section is to provide for the establishment and maintenance of an efficient, effective and uniform police alarm system within the Borough of Frenchtown and to provide standards and regulations for various alarm equipment, devices or systems to be installed or connected with or to the Hunterdon County Department of Public Safety Police Communications Center, so as to elicit a response or action by the Police Department of the Borough of Frenchtown, and to establish regulations concerning the operation and maintenance of alarm systems with the Borough of Frenchtown, reduce the number of false alarms and Police and Fire Department responses thereto, and provide penalties upon convictions for violation of any of the provisions set forth herein.
The provisions of this section shall apply to any person who installs, connects, operates, maintains, services, owns or leases any alarm equipment, device or system, including dialer and local alarms, designed to summon the Police Department, the Fire Department or any other agency or person to any location within the Borough of Frenchtown in response to any type of signal, alarm or preprogrammed, prerecorded message or recording. The provisions contained herein shall apply equally to those systems that were placed in service prior to, or subsequent to, the effective date of this section.
[Ord. No. 660 § I]
ALARM SYSTEMS
Shall mean any mechanical, electrical, or electronic device, devices, or systems which are designed or used for the detection of unauthorized entry into a building, structure, facility, or area, or for alerting others about the commission of an unlawful act within a building, structure, facility, or area, or for alerting others about the existence of any other condition requiring the response of police or fire personnel; and which emits and/or transmits any audible and/or visual and/or electronic signal or message when activated. Alarm systems include, but are not limited to: direct dial telephone devices, both digital and tape recorded voice; panel alarms that terminate and/or report directly to the Police Communications Center; local and/or audible and/or visual alarm systems; alarm systems that report to any commercial alarm receiving station or center; or any other type of alarm system that is designed to elicit action of or by the Police Department, Fire Department, or Ambulance Squads of the Borough of Frenchtown. This section does not apply to household smoke detectors, carbon monoxide detectors or personal medical alert systems.
AMBULANCE PERSONNEL OR AMBULANCE SQUAD
Shall mean any one or more personnel, units, or squad of the ambulance or rescue squads of the Borough of Frenchtown; also, any Mobile Intensive Care Unit (MICU) or any MICU personnel usually operating in support of, or in conjunction with, Ambulance Personnel or Ambulance Squads, within the Borough of Frenchtown.
BOROUGH
Shall mean the Borough of Frenchtown.
BOROUGH COUNCIL
Shall mean the Borough Council of the Borough of Frenchtown.
CHIEF OF POLICE
Shall mean the Chief of Police of the Borough of Frenchtown or his designee.
COMMUNICATION LICENSE
Shall mean that license issued by Borough Council of the Borough of Frenchtown to install and connect and to operate, control and maintain the police alarm system and to make all subscriber installations and connections thereto.
DIRECT DIAL ALARM
Shall mean a device that when actuated causes an electronic digital or prerecorded voice message to be transmitted, via telephone, to the Police Department Communications Center, or Fire Department Communications Center.
FALSE ALARM
Shall mean an alarm signal or message causing a response by Police, Fire or Ambulance personnel when an emergency does not exist; provided however, an alarm signal or message activated by an external source or cause reasonably beyond the control of the alarm system owner or operator or their agents such as a storm, electrical failure, telephone circuit repair, etc., shall not be deemed a false alarm.
FIRE ALARM SYSTEM
Shall mean any alarm system designed to be used for the detection of fire or other conditions requiring the presence of fire personnel.
FIRE PERSONNEL OR FIRE DEPARTMENT
Shall mean any one or more personnel, units, or companies of the volunteer fire companies of the Borough of Frenchtown.
LOCAL ALARM
Shall mean a device that when actuated, emits an audible and/or visual signal from the premises that it is designed to protect. Local alarms may also be direct dial alarms or panel alarms.
PANEL ALARM
Shall mean a device when actuated transmits an electronic signal, via leased telephone circuits, to the Police Communications Center, or Fire Department Communications Center.
PERSON
Shall mean any natural person, partnership, firm, corporation or association.
POLICE ALARM SYSTEM
Shall mean that system giving a visual or audio response, or both, on the control panel of the police console located within the confines of the Hunterdon County Department of Public Safety, Police Communications Center, County Personnel, including the subscriber modules, the control modules, the control cabinets, the energy pack and all necessary and accessory equipment, wires and connections therein and thereto, and any digital alarm receiving equipment, including receiver, printer, energy pack, telephone connections and all necessary and accessory equipment, wires and connections. It shall also include as far as applicable, any special telephone lines reserved for receiving voice-type automatic telephone dialer alarms.
POLICE OR POLICE DEPARTMENT
Shall mean the Borough of Frenchtown Police Department.
SECURITY ALARM SYSTEM
Shall mean any alarm system designed or used for the detection of, or reporting of those conditions requiring the response primarily of the police or Fire personnel including, but not limited to: burglar, holdup, and panic alarm systems. Personal medical alert systems are excluded.
[Ord. No. 660 § II]
a. 
No person shall install, connect or maintain or cause to be installed, connected or maintained, any alarm system in or to the Police Communications Center for the purpose of transmitting a signal or alarm or reporting a signal, alarm or prerecorded message to the attention of the Police Department for the purpose of summoning of the Police Department, Fire Department, Ambulance Squad or any other agency or person and obtaining some response thereto in accordance with the provisions of this section and the rules, regulations and procedures hereinafter established and provided thereunder.
b. 
No person shall install, connect, operate, maintain, service or own or cause to be installed, connected, operated, maintained, serviced or owned any dial alarm equipment, device or system designed to summon the Police Department of the Borough of Frenchtown, or through the Police Department, the Fire Department or other municipal agency to any location within the Borough of Frenchtown in response to any type of signal, alarm, prerecorded or preprogrammed message, report or other transmission over the telephone wires without first having registered and obtained a permit therefor in accordance with the provisions of this section and the rules, regulations and procedures hereinafter established and provided thereunder.
c. 
No person shall install, connect or maintain or cause to be installed, connected or maintained any local alarm without first having registered the same with the Chief of Police as hereinafter provided.
d. 
No person shall install, connect or maintain or cause to be installed, connected or maintained any alarm system reporting to any commercial central alarm receiving station which will result in the central alarm receiving station requesting the Police Department, Fire Department, or Ambulance Squad to respond to any location within the Borough of Frenchtown in response to signals or transmissions from the alarm system without first having registered the system with the Chief of Police, as hereinafter provided.
e. 
This section shall also apply to all persons having installed, connected, and maintained any police, burglar, fire, dial, telephone, local, automatic, emergency or other alarm equipment, device or system covered or included in this section prior to the effective date hereof.
f. 
All existing installations and connections of active police, burglar, fire, dial, telephone, automatic emergency or other alarm equipment, device or system to Police Communications Center, shall be subject to the provisions of this section for the purpose of installation and connection and maintaining those alarms to the Police Communications Center.
[Ord. No. 660 § III]
a. 
All applications for the issuance of a permit required under this section shall be made in writing to the Chief of Police on a form provided therefor and shall be accompanied by an application and processing fee of $15.
b. 
The application shall contain: the name, address and telephone number of the applicant; the name, address and telephone of each of the premises and customers or persons to be served by the proposed installation or connection; the location of the device; a description and name of alarm equipment or system; the name of the installer; the type of device, alarm equipment and system provisions relating to false alarms and testing procedures; the list of persons to be contacted in event of alarm; and such other information as may be required by the Chief of Police.
c. 
Upon application for a permit, the Chief of Police shall cause an investigation and records to be made and thereafter, provided that the applicant has complied with all the terms of this section and the rules and regulations made, promulgated and adopted pursuant thereto, shall issue permit.
d. 
Permit fees for present subscribers to the existing alarm system on or before the effective date of this section, shall be waived.
e. 
Registration of local alarm systems and alarm systems connected to commercial central alarm receiving stations shall be in writing on a form provided by the Chief of Police. Registration of these systems shall be made before the activation of any such system.
f. 
It shall be the responsibility of all persons, who own or occupy any land or premises in the Borough at which an operating alarm system is installed, or maintained, to provide to the Chief of Police, all current information as to the names and telephone numbers of responsible persons who are to be contacted in case of emergency and who are authorized to provide service to the alarm system on a 24-hour basis. This information is required to be filed with the Chief of Police when the alarm system is initially placed into service and must be maintained current immediately whenever any revisions or changes occur or are necessary.
g. 
No applications or other materials submitted in compliance with this section shall be available for public inspection.
[Ord. No. 660 § IV]
No permit shall be granted except upon the following terms and conditions:
a. 
The applicant shall furnish and complete all information required relating to the application and the alarm, equipment, device or system to be installed or connected and data relating to prevention of false alarms and testing procedures.
b. 
No person other than the applicant and his agents, family or employees shall exercise the privileges under the permit.
c. 
The applicant shall maintain his equipment in good condition and repair.
d. 
No permit shall be transferred or assigned in any manner.
e. 
The permit is accepted upon the express condition that the permittee shall indemnify and hold the Borough of Frenchtown harmless from and on account of any and all damages arising out of the activities of the permittee, its alarm contractor or the common annunciator licensee of the Borough of Frenchtown.
f. 
Each separate building, store, premises, place or location shall require a separate permit and a separate installation or connection to the police panel alarm system.
g. 
The applicant or permittee, upon acceptance of such permit, thereby agrees to hold and save harmless the Borough of Frenchtown, its agents or employees from any liability whatsoever in connection with any such alarm, equipment, device or system or the operation and maintenance of the same which shall be the sole responsibility of the person having had the same installed or connected.
[Ord. No. 660 § V]
a. 
Each multipurpose alarm system shall be installed with discrete circuitry for each purpose to insure response by the appropriate agency.
b. 
All alarm systems that require electricity shall have a battery backup that will activate in the event of a power outage.
c. 
All systems must be designed and/or set to shut off or reset within 15 minutes after having been triggered.
d. 
Every alarm system shall be equipped and/or set to a minimum delay of 15 seconds in order to prevent accidental activation.
[Ord. No. 660 § VI]
a. 
No permit shall be issued for the installation, connection, operation, maintenance, service or ownership of any type of dial alarm, equipment or device covered by the terms of this section unless the owner has complied with the Federal Communications Commission's Regulations for such installation and connection to telephone lines and the permittee complies with the provisions of this section and the rules and regulations promulgated and adopted thereunder. Dialer alarms are expressly prohibited from reporting to the main Police Communications Center phone numbers. Dialer alarms are permitted to report on only those phone lines maintained specifically for this purpose by the Police Department. Any dialer alarm reporting on the main Police Department communications telephone numbers is in violation of this section.
b. 
No voice dialer alarm equipment shall be connected to the police alarm system. Permits shall be issued only for installation of digital alarm transmitters to be connected to the police alarm system.
c. 
Voice dialer alarm equipment installed on or before the adoption date of this section may be continued subject to the provisions of this section.
[Ord. No. 660 § VII]
All local devices, alarms, equipment or systems shall be registered with the Chief of Police and all information required with respect to such registration shall be provided and kept current by the applicant or registrant, and no fee shall be required therefor. All local alarms shall have a fifteen-minute automatic silencing or cutoff device within 15 minutes after actuation of the audible signaling device.
[Ord. No. 660 § IX]
a. 
The Borough of Frenchtown shall be under no duty or obligation to any permittee, or any other licensee hereunder to maintain or continue any of the police alarm system equipment or any other equipment device or system connected thereto, the same being maintained at will and subject to termination at any time by cancellation of the system by resolution or ordinance duly adopted by the Borough Council. Any individual permit or license issued hereunder may be revoked at any time by the Chief of Police as hereinabove provided.
b. 
Notwithstanding payment of any fees and/or the receiving or issuance of any permit or registrations as herein required, the Borough, Chief of Police, the Police Department and their agents and employees shall be under no obligation whatsoever concerning the installation, connection, inadequacy, operation or maintenance of any alarm, equipment, device or system installed or connected. The Borough of Frenchtown and its authorized agents hereby assume no liability whatsoever for any failure of such alarm, equipment, device or system, any failure to respond to any such alarm or transmittals, or for any act of omission or commission as a result of any such alarm equipment device or system. The obligation for the maintenance and upkeep of such alarm equipment, device and system shall be the sole responsibility of the person having had the same installed or connected.
[Ord. No. 660 § X]
For the equipment, device and systems installed or connected within the Borough of Frenchtown, the permittee shall pay whatever charges are required by any alarm company making such installation and, in addition thereto, the permit fee hereinabove provided and such connection, installation and annual maintenance charges licensee also hereinabove provide for in the event of installation and connection to the police alarm system.
[Ord. No. 660 § XI]
a. 
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations herein made and provided. In addition, in the case of a false alarm, the Chief of Police shall cause an investigation to be made and keep a record of said alarms on file. Where the investigation of the Police Department discloses continued abuse of the privilege of connection to the police alarm system or a disregard by the permittee to take remedial steps to avoid false alarms, the Borough reserves the right to require disconnection from the police alarm system for a limited or permanent time upon the order of the Chief of Police or his designee, provided that no permit shall be revoked or suspended without notice and affording the permittee an opportunity to show cause before the Chief of Police or his designee why such action should not be taken, as hereinabove provided.
b. 
It shall be the responsibility of all persons, who have installed, caused to be installed, operated, maintained or caused to be maintained any alarm system within the Borough to prevent the activation and/or transmission of false alarms through a program of training and periodic inspection and maintenance of the system. The maximum number of permissible false alarms from any one location and/or system shall be as follows:
1. 
False Alarms: Three false alarms in any one calendar month.
2. 
False alarms in excess of the above shall be deemed a violation of this section.
c. 
It is not a defense to a citation for false alarm that another person or business entity was hired in connection with maintenance of an alarm system.
[Ord. No. 660 § XII]
a. 
Any unauthorized installation or connection to the police panel alarm system shall be ordered disconnected by the Chief of Police for noncompliance with this section, any person installing, connecting or maintaining such unauthorized alarm, alarms system or equipment may be prosecuted for violation of this section.
b. 
Any permittee, by acceptance of a permit, shall be deemed to have consented to a reasonable inspection by the Police Chief or his designee of the lands and premises at or on which said alarm device is installed.
[Ord. No. 660 § XIII]
The provisions of this section shall not apply to the General Alerting Alarms that may be used by Fire Companies, Ambulance Squads, Civil Defense Agencies, to summon the response of their members. The provisions of this section shall not apply to alarm systems that are affixed to motor vehicles, unless any such system shall be connected to or report through any alarm system installed at or affixed to a generally considered permanent structure. The provisions of this section shall not apply to any alarm system owned, operated, or maintained by the Borough.
[Ord. No. 660 § XIV]
a. 
The Chief of Police is hereby authorized to prescribe and promulgate supplementary rules and regulations which shall adequately and sufficiently, promote and ensure an effective and efficient police alarm system, and provide for the effective administration and enforcement of the provisions of this section.
b. 
All such rules and regulations, and revisions thereof shall be in writing and subject to the approval of the Borough Council. Any rule or regulation which shall affect the permittees or licensees hereunder shall be duly promulgated and provided by the Chief of Police or his designee to such permittees or licensees on an annual basis.
[Ord. No. 660 § XV]
a. 
Revocation of Permits. Any permit issued under the provisions of this section may be suspended or revoked by the Municipal Court for any violation of, or failure to comply with the provisions of this section or any rule or regulation promulgated by the Chief of Police and approved by Borough Council pursuant to this section, including the following:
1. 
The permittee, his agent or employee willfully failed to and did not comply with a request by a member of the Police Department to proceed immediately to the location of permittee's alarm and render necessary services.
2. 
The permittee, his agents or employees knowingly or carelessly installed or maintained a faulty alarm device. An inordinate number of false alarms shall be prima facie evidence that such alarm device is knowingly a faulty device.
3. 
The permittee has breached the terms and conditions of the permit.
b. 
In order to protect the public from the danger posed by false alarms, the Chief of Police may disconnect an alarm or revoke an alarm permit upon notice to the permittee while an action for violation of this section is pending in the Municipal Court or during any period during which a penalty by the Municipal Court is under appeal. No permit shall be revoked or suspended without giving the permittee five days' notice in writing of such action and within said time an opportunity to show cause before the Chief of Police or his designee, why such action should not be taken.
c. 
Fines. In addition to revocation of permits, any person found guilty of violating any provision of this section by the Municipal Court of the Borough of Frenchtown shall be subject to a fine of not less than $50 nor more than $500 for each violation.
[Added 5-6-2020 by Ord. No. 845]
As used in this section, the following terms shall have the meanings indicated:
FILMING
The taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, internet sites or channels, in theaters or for institutional uses. This section shall not be deemed to include the "filming" of news stories within the Borough of Frenchtown.
INDEPENDENT FILM
Independent film, independent movie, indie film or indie movie is defined as a feature film or short film that is produced outside the major motion picture studio system, in addition to being produced and distributed by independent entertainment companies. This does not include "pop up" or "shoot on a dime" films.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
a. 
Universal Pictures.
b. 
Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire.
c. 
Paramount, including MTV Films and Nickelodeon Movie.
d. 
20th Century Fox, including Fox Searchlight.
e. 
Sony/Columbia.
f. 
Disney/Miramax.
g. 
MGM United Artists.
h. 
Dreamworks.
i. 
Any film for which the budget is at least $5,000,000.
j. 
Recurrent weekly television series programming.
PUBLIC LANDS
Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Borough which is within the jurisdiction and control of the Borough of Frenchtown.
[Added 5-6-2020 by Ord. No. 845]
a. 
No person or organization shall film or permit filming on public or private land within the Borough without first having obtained a permit from the Borough Common Council, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three consecutive days in any one location and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested constitutes a major motion picture as defined by Subsection 4-5.1. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
b. 
All permits shall be issued by the Municipal Clerk after approval by the Common Council. Permits shall be issued during normal business hours. Applications for such permits shall be in a form approved by the Municipal Clerk and be accompanied by a permit fee in the amount established by Subsection 4-5.12.
c. 
If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Municipal Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this section. No additional fee shall be paid for this permit.
[Added 5-6-2020 by Ord. No. 845]
a. 
No permits will be considered by the Common Council unless applied for five days before the next regularly scheduled Common Council meeting.
b. 
No permit shall be issued for filming upon public lands unless the applicant shall provide the Borough with satisfactory proof of the following:
1. 
Proof of insurance coverage as follows:
(a) 
For bodily injury to anyone person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.
(b) 
For property damage for each occurrence in the aggregate amount of $300,000.
2. 
An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Borough from any and all liability, expense, claim or damages resulting from the use of public lands.
3. 
The posting of cash of $500 or a maintenance bond of $500 running in favor of the Borough and protecting and insuring that the location utilized will be left after filming, in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Borough ordinances, laws and regulations will be followed. Within 21 days of the completion of the filming, the Borough will return the bond if there has been no damage to public property or public expense caused by the filming.
4. 
If deemed necessary by the Common Council, the hiring of an off-duty Borough Police Officer for the times indicated on the permit.
c. 
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Borough Police Department.
[Added 5-6-2020 by Ord. No. 845]
a. 
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 and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets.
b. 
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. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Municipal Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Municipal Clerk within two days of the Common Council meeting at which the permit application will be considered.
[Added 5-6-2020 by Ord. No. 845]
Filming within the Borough limits shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m., provided that all requests for night scenes shall be approved in the permit to be granted in accordance with Section 2 of this chapter. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Added 5-6-2020 by Ord. No. 845]
a. 
The Common Council may refuse to issue a permit whenever it determines, after a review of the application and a report thereon by the Police Department and by other Borough Departments involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.
b. 
Further, the Borough reserves the right to require one or more on-site or off-site Police Officer(s) in situations where the proposed production may impede the proper flow of traffic, the cost of said Police Officer to be borne by the applicant as a cost of production.
c. 
Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.
d. 
The applicant shall post an escrow with the Borough Clerk for off-duty Police Officer services consistent with the Borough policy and Collective Bargaining Agreement.
[Added 5-6-2020 by Ord. No. 845]
a. 
Any person aggrieved by a decision of the Common Council denying or revoking a permit or a person requesting relief pursuant to Subsection 4-5.6 may request that the Common Council reconsider its decision based upon new evidence or circumstances. A written request for reconsideration setting forth the reasons for reconsideration shall be filed with the Clerk.
b. 
A request for reconsideration of the decision of the Common Council shall be filed within 10 days of the Common Council's decision. The Common Council shall set the matter down for reconsideration at the next Common Council meeting. The decision of the Common Council shall be in the form of a resolution at the next meeting of the Common Council after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision.
[Added 5-6-2020 by Ord. No. 845]
The Common Council may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this Section, the Common Council shall consider the following factors:
a. 
Traffic congestion at the location caused by vehicles to be parked on the public street.
b. 
Applicant's ability to remove film-related vehicles off the public streets.
c. 
When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming.
d. 
Nature of the film shoot itself; e.g., indoor or outdoors; day or night; on public or private lands.
e. 
Prior experience of the film company/applicant with the Borough, if any.
[Added 5-6-2020 by Ord. No. 845]
Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other Borough inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instruction issued by the Fire Prevention Bureau or other Borough inspectors.
[Added 5-6-2020 by Ord. No. 845]
In addition to any other fees or costs mentioned in this section, the applicant shall reimburse the Borough for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Borough was prevented from earning because of filming.
[Added 5-6-2020 by Ord. No. 845]
a. 
When filming is requested with respect to a major motion picture, the approved location of such filming and approved duration of such filming by specific reference to day or dates may exceed three consecutive days and/or may exceed six days in duration if approved by the Common Council following a favorable review of the factors set forth in Subsection 4-5.4.
b. 
Any days necessary to be used for setup and preparation for a major motion picture filming may, in the discretion of the Common Council, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in Subsection 4-5.4.
[Added 5-6-2020 by Ord. No. 845]
The schedule of fees for the issuance of permits authorized by this section are as follows:
a. 
Basic filming permit: $50.
b. 
Daily filming fee, payable in addition to the basic filming permit for major motion picture: $1,500 per day.
c. 
Daily filming permit fees do not apply to independent films, nonprofit and student applicants.
[Added 5-6-2020 by Ord. No. 845]
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of this section exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Added 8-4-2021 by Ord. No. 867]
It is determined to be in the public interest to prohibit the issuance of cannabis business licenses within the Borough of Frenchtown.