[1982 Code § 67-1]
As used in this section:
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.
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.
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."
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:
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]
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.
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.
Shall mean the Borough of Frenchtown.
Shall mean the Borough Council of the Borough of Frenchtown.
Shall mean the Chief of Police of the Borough of Frenchtown
or his designee.
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.
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.
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.
Shall mean any alarm system designed to be used for the detection
of fire or other conditions requiring the presence of fire personnel.
Shall mean any one or more personnel, units, or companies
of the volunteer fire companies of the Borough of Frenchtown.
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.
Shall mean a device when actuated transmits an electronic
signal, via leased telephone circuits, to the Police Communications
Center, or Fire Department Communications Center.
Shall mean any natural person, partnership, firm, corporation
or association.
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.
Shall mean the Borough of Frenchtown Police Department.
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:
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:
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 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.
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
Universal Pictures.
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire.
Paramount, including MTV Films and Nickelodeon Movie.
20th Century Fox, including Fox Searchlight.
Sony/Columbia.
Disney/Miramax.
MGM United Artists.
Dreamworks.
Any film for which the budget is at least $5,000,000.
Recurrent weekly television series programming.
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:
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.
[Added 5-6-2020 by Ord.
No. 845]
The schedule of fees for the issuance of permits authorized
by this section are as follows:
[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.
