[1982 Code § 61-1; Ord. #542]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire and other alarm devices
requiring response thereto by the Police Department, Division of Fire
Prevention or other municipal agencies of the Borough.
[1982 Code § 61-2; Ord. #542]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm system situated in the Borough having an audible signaling device or requiring a response by the Police Department, Division of Fire Prevention or other municipal agencies of the Borough of Tinton Falls. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Borough, so long as such activity is not connected to the alarm console; except, however, that any person having a premises protected by an alarm system shall still be responsible for the registration thereof in accordance with subsections 5-1.6 and 5-1.8.
[1982 Code § 61-3; Ord. #542]
As used in this section.
Shall mean the console or control panel of devices giving
a visual or audio response, or both, and located within the confines
of the Police Headquarters of the Borough of Tinton Falls.
Shall mean any console alarm, dial alarm or local alarm.
Shall mean any device, such as a bell, siren, whistle, horn,
gong, Klaxon, etc., employed to call attention and which may be heard
beyond the limits of the property concerned.
Shall mean any type of alarm device actuating equipment in
the alarm console providing warning of intrusion, fire, smoke, flood
or other peril.
Shall mean limited to a member of the Police Department of
the Borough of Tinton Falls. The "Designated Representative" may also
function as the Alarm System Inspector.
Shall mean that type of automatic telephone dialing device
using the telephone system to transmit an alarm of intrusion, fire,
smoke, floor or other peril to the Police Department.
Shall mean any alarm activated by inadvertence, negligence
or the unintentional act of someone other than an intruder, and includes,
as well, alarms caused by the malfunctioning of the alarm device or
other relevant equipment, but shall not include alarms created by
the malfunctioning of the alarm console.
Shall mean the person obtaining the license to maintain the
alarm console, as hereinafter set forth.
Shall mean any alarm device which when actuated produces
an audible signal to give a warning of intrusion, fire, smoke, flood
or other peril.
Shall mean any person owning or operating an alarm system
within the scope of this chapter who has been issued a permit to operate
said system.
[1982 Code § 61-3; Ord. #542]
a.
There is hereby established a police alarm console license which
shall be granted only after advertisement for competitive, sealed
bids as required by the Local Public Contracts Law.[1] Any such licensee shall have exclusive use and control
of the alarm console, except for the use by the Borough of Tinton
Falls, and such licensee will be responsible, at no cost to the Borough,
for the establishment, construction and installation of the console
containing equipment and being of a design approved by the Chief of
Police or his designated representative and for the care, maintenance
and management thereafter of the console. The licensee shall locate
the console and relocate the console, if necessary, under the supervision
of the Chief of Police or the designated representative at no cost
to the Borough. For any such license granted hereunder, the licensee
will assume all liability and agree to indemnify and save harmless
the Borough of Tinton Falls, its agents and the Tinton Falls Police
Department for any acts in conjunction therewith.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
c.
The licensee for the police alarm console shall be permitted to charge
subscribers for installation and/or maintenance of the alarm console
connection. The fee to be charged will be determined by applicable
bidding procedures set forth in the Local Public Contracts Law. The
licensee's fees to subscribers, as determined by the Borough Council
under applicable bidding procedures, shall be fixed for the term of
the license and shall be uniform to all subscribers. No fee, however,
shall be charged for any connections to municipal-owned property of
the Borough of Tinton Falls for any existing or future alarm console
connections.
[1982 Code § 61-5; Ord. #542]
The alarm console license, as provided for herein, shall be
awarded by the Borough Council only after advertisement for competitive
sealed bids, as required by the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
[1982 Code § 61-6; Ord. #542]
a.
Any person, firm or corporation that desires to own or operate an
alarm system shall make application in writing to the Chief of Police
or the designated representative on the form provided by the Police
Department, which application shall contain at least the location
of the alarm system, the name of the installer of the device, the
type of device, provisions relating to false alarms and testing procedures,
a list of persons to be contacted in the event of an alarm and other
information as may be required by the Chief of Police or his designated
representative.
b.
Local alarms shall be registered, but no fee shall be charged therefor.
c.
For console alarms the registrant shall pay whatever charges are required by any alarm company making such installation and, in addition thereto, such charges, as hereinabove provided for, to the licensee for the alarm control panel and the circuit rental charges to the telephone company, as may be necessary and as may be determined under subsection 5-1.4c.
d.
Any registration permitted hereunder be accepted upon the express
condition that the registrant shall indemnify and hold the Borough
harmless from and on account of any and all damages arising out of
the activities.
e.
For each dial alarm the owner or operator shall pay to the Borough
an annual fee of $10 to cover the costs of the special phone line
or lines required in Borough Hall, necessitated by these systems.
f.
The Chief of Police or the designated representative shall issue
a permit for the operation of an alarm system if the Chief or the
designated representative is satisfied that the registration information
is complete and that the alarm system will be operated in conformance
with this section. The permit may be granted, subject to any special
conditions stated thereon, if necessary.
[1982 Code § 61-7; Ord. #542]
The Borough shall be under no duty or obligation to any permittee
hereunder or to any alarm console licensee hereunder, the alarm console
and allied equipment being maintained at will and subject to termination
at any time by cancellation of the system by resolution duly adopted
by the Borough Council and any individual permit issued hereunder
may be revoked at any time by the Borough Council upon the recommendation
of the Chief of Police, provided that 30 days' notice is given in
writing to the permittee.
[1982 Code § 61-8; Ord. #542]
a.
Dial Alarms.
1.
A dial alarm is any alarm device which, when activated automatically
or electronically, selects a telephone line, dials the special telephone
number at police headquarters and delivers a prerecorded message,
requesting police, fire or other municipal agency assistance.
2.
Dial alarms shall only be coded to dial a special telephone number,
which number shall be provided by the Chief of Police or the designated
representative only to the dial-alarm permittee. No dial alarm shall
be coded to dial the number of the general police switchboard of the
Borough.
3.
The message must conform to an approved format.
4.
Total length of a message must not exceed 15 seconds.
5.
The message must be transmitted twice but no more than four times.
6.
Any person having a dial alarm device which dials the general police
number, upon discovery thereof, shall receive notice in writing from
the Chief of Police requiring the owner to comply with the terms of
this section, and if the owner fails to do so within 30 days of the
receipt of the notice, the owner shall then be liable to pay the Borough
of Tinton Falls a penalty of $50.
7.
All components of such equipment must be maintained in good repair
by the owner, and when evidence exists that there has been failure
to comply with the operational requirements of this section, the Chief
of Police or the designated representative is then authorized to demand
that such device be disconnected until such time as compliance with
current requirements is reestablished.
b.
Any license for the alarm console shall provide for a repairman to
be on call at all times, and such service shall be provided within
one hour of notification by the Police Department of any malfunctions
of any equipment. Any permittee utilizing the console shall provide
for a repairman to be on call at all times, and such service shall
be provided within eight hours of notification of the permittee by
the Police Department of any malfunction of any equipment.
c.
The Chief of Police shall have the right to disconnect any malfunctioning
equipment from the alarm console until such time as the malfunction
has been corrected.
d.
False Alarms; Penalties.
1.
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 in accordance with subsection 5-1.7. In addition, in the case of false alarms, the Chief of Police or the designated representative shall cause an investigation to be made and shall keep a record of the alarms on file. For such false alarms, the following penalties shall apply:
2.
Where the investigation of the Police Department discloses continued
abuse of the privilege of connection to the alarm console and a disregard
of the permittee for taking remedial steps to avoid false alarms,
the Chief of Police reserves the right to require disconnection for
a limited or permanent time, provided that no permit shall be revoked
or suspended without giving the permittee an opportunity to show cause
before the Borough Council why such action should not be taken.
e.
Any unauthorized equipment may be disconnected by the Chief of Police
or the designated representative for non-compliance with this section,
and any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this section. Each and every day said
equipment is in operation shall be considered a separate violation.
Any permittee shall, by acceptance of the permit, be deemed as having
consented to inspection of the premises on which the alarm devices
are installed at reasonable hours by the Chief of Police or the designated
representative.
f.
All audible signaling devices shall be equipped with a timing device
to limit the sounding of the signaling device to 15 minutes or less.
[1982 Code § 61-9; Ord. #542]
The Chief of Police may promulgate written rules and regulations,
subject to the approval of the Mayor, supplementing this section in
order to provide for record keeping and efficient operation and management
of the system.
[1982 Code § 66-1; Ord. #14]
No person or persons shall carry on or conduct the business
of shows, circuses, theatrical performances, exhibitions, baseball
games, amusements of any kind or concessions of any kind or description
within the Borough without having first obtained a license from the
Department of Administration.
[1982 Code § 66-2; Ord. #14]
The Department of Administration is hereby authorized to issue
any such license upon the payment by the applicant of the proper fee
therefor as hereinafter provided.
[1982 Code § 66-3; Ord. #14]
Every license shall remain in force and be valid only for the
time therein expressed and shall apply only to the person or persons
to whom granted and shall not be transferable.
[1982 Code § 66-4; Ord. #14]
The license fees under this section shall be as follows:
|
Activity
|
Fee
|
|---|---|
|
Shows
|
$50
|
|
Circuses
|
$50
|
|
Theatrical performances
|
$25
|
|
Exhibitions
|
$50
|
|
Baseball games
|
$25
|
|
Football games
|
$25
|
|
Amusements
|
$25
|
|
Concessions
|
$5
|
|
Polo games at which admission is charged
|
$50
|
[1982 Code § 113-1; Ord. #575]
It shall be unlawful for any person to carry on or conduct a
business of a motor vehicle junk dealer on any premises within the
Borough without first having obtained a license from the Department
of Administration for such business.
[1982 Code § 113-2; Ord. #575]
Any person desiring to obtain a license shall file with the
Department of Administration or his designee a written application
signed by the applicant or applicants, setting forth:
a.
The name and residences of the applicants if an individual, partnership
or firm, or the names of the principal officers and their residences
if the applicant is an association or corporation together with the
name and residence of the manager or person designated by the owner
to be in charge of the premises.
b.
The length of time such applicant or applicants, if an individual,
partnership or firm, or the manager or person in charge if the applicant
is an association or corporation, has or have resided at his or their
present address, his or their places of previous employment, whether
he or they or any of them have been convicted of a felony or misdemeanor
and, if so, what offense, when and in what court.
c.
The premises where said business is to be located or carried on.
d.
Such other information that may be required by the Mayor.
[1982 Code § 113-3; Ord. #575]
a.
Upon the filing of the application as herein provided, and after
investigation of the application and the payment to the Department
of Administration of the license fee, the Department of Administration
shall issue the license to the applicant subject to paragraph b.
b.
No license shall be issued until the applicant has obtained final
site plan approval from the Planning Board of the Borough of Tinton
Falls and the premises have been constructed and completed in accordance
with the approved site plan.
[1982 Code § 113-4; Ord. #575]
Each applicant for such license shall pay an annual license
fee of $1,000, the license shall be for a calendar year.
[1982 Code § 113-5; Ord. #575]
No license shall be transferable and any holder of such license
who permits it to be used by any other person shall be guilty of a
violation of this section and such license shall be subject to immediate
revocation.
[1982 Code § 113-6; Ord. #575]
a.
For each annual renewal of such license, the applicant shall file
a new application together with an affidavit certifying that the site
plan as originally approved remains in full force and effect and there
have been no changes to the premises other than those shown on the
approved site plan.
b.
The applicant shall pay a renewal fee for each year which fee shall
be the same as for the original issuance of the license.
c.
Upon receipt and approval of the application, the affidavit of no
change and the fee, the Department of Administration shall issue the
renewal license to the applicant.
[1982 Code § 113-7; Ord. #575]
a.
MOTOR VEHICLE
MOTOR VEHICLE JUNK DEALER
MOTOR VEHICLE JUNKYARD
As used in this section, the following terms shall have the meanings
indicated:
Shall mean a vehicle propelled by a motor designed to travel
along the ground by use of wheels, treads, runners or slides and transport
persons or property or pull machinery and includes, without limitation,
automobile, truck, trailer, motorcycle, tractor, buggy, wagon, boat
and aircraft.
Shall mean any person conducting the business of a motor
vehicle junkyard.
Shall mean any area of land with or without buildings devoted
to the storage, keeping or abandonment of junk motor vehicles, whether
or not the use is in connection with the dismantling processing, salvage,
sale or other use or disposition of any material relating to motor
vehicles whatsoever.
b.
Word Usage. "Person," when used herein, shall be held to mean and
include partnerships and corporations, joint ventures, any combination
of individuals and any other legal entity capable of suing or being
sued; the masculine gender shall include the feminine, the neuter
genders and the singular number shall also include the plural numbers.
[1982 Code § 113-8; Ord. #575]
Within 45 days from the effective date of this section, every
motor vehicle junk dealer operating a motor vehicle junkyard within
the Borough shall submit to the Department of Administration a survey
of the lot or lots for which approval is sought. Monuments shall be
placed at all corners of the premises for the purposes of permitting
field inspection by municipal representatives. The survey shall be
subject to approval by the Borough Engineer.
[1982 Code § 113-9; Ord. #575]
The motor vehicle junkyard, together with all contents therein,
shall at all times comply with all municipal, County and State health
codes and fire codes.
[1982 Code § 113-10; Ord. #575]
a.
The operation of the motor vehicle junkyard is restricted to that
portion of the tax lots and blocks as set forth on any approved site
plan or on surveys submitted as of the date of the issuance of the
license.
b.
No garbage or other waste which has the potential to give off a foul
odor or attract vermin or rodents shall be stored or kept at the premises.
Any such material shall be removed from the licensed premises on a
daily basis.
c.
All junk motor vehicles and their disassembled component parts and
other such contents shall be stored and retained within the defined
areas on the approved site plan and/or survey. No such material shall
be allowed to rest upon or protrude over any public street, walkway
or curb or to be scattered or otherwise located off the licensed premises.
d.
Fire Protection Provisions.
1.
The approved location shall have fire lanes. All primary and secondary
fire lanes shall be no less than 20 feet wide and shall be without
obstruction either permanent or temporary at either end.
2.
All junk motor vehicles must be drained of gasoline, oil and/or diesel
fuel or any other combustible liquids.
3.
All gasoline, diesel fuel and oil and other combustible liquids shall
be stored in appropriate tanks at locations approved by the Fire Marshal.
4.
All welding and cutting must be accomplished in accordance with proper
safety precautions as set forth in BOCA Basic Fire Prevention Code/1981,
Section F-2102.1.
5.
All junk motor vehicles which have not as yet been crushed shall
be stacked no higher than three units at any time.
6.
All used or junk tires must be separated from other materials, stored
together away from other operations.
7.
All operations of the licensed premises must be in conjunction with
Article 20 of the BOCA Basic Fire Prevention Code/1981 or any amendments
thereto or any successor code thereto.
e.
It shall be unlawful to use the premises other than for the storage
and processing of junk motor vehicles and their component parts and
no other material of any type shall be brought to and stored on the
premises.
[1982 Code § 113-11; Ord. #575]
a.
The process in crushing, cutting, etc. junk or motor vehicles or
any other such operations are prohibited except between the hours
of 7:00 a.m. and 6:00 p.m. Monday through Saturday.
b.
Sales of motor vehicle parts shall be permitted between the hours
of 7:00 a.m. and 10:00 p.m. Monday through Saturday and between the
hours of 7:00 a.m. and 6:00 p.m. on Sunday.
[1982 Code § 113-12; Ord. #575]
All members of the Borough Police Force as well as the Construction
Official and Subcode Officials, the Fire Marshal, the Code Enforcement
Officer, the Borough Engineer and/or the Planning Board Engineer or
representatives of their offices, are granted access to the area of
activity of the licensed premises at all reasonable hours for the
purpose of inspecting the same for compliance with this section as
well as inspecting for compliance with all approvals including, but
not limited to site plan approval.
[1982 Code § 113-13; Ord. #575]
The operation of the motor vehicle junkyard shall be permitted
so long as it is not a nuisance, nor shall any motor vehicle junkyard
be operated in such a manner as to become injurious to health, safety
or the welfare of the community or any of the residents within the
proximity of the licensed premises.
[1982 Code § 116-1; Ord. #602]
The purpose of this section is to control and regulate the use
of the logo of the Borough of Tinton Falls. The Borough of Tinton
Falls claims common law trademark rights protectable by law as personal
property.
[1982 Code § 116-2; Ord. #602]
As used in this chapter:
Shall mean the Borough Business Administrator.
Shall mean the Borough of Tinton Falls.
Shall mean permission given by the Borough to use the logo
for a definite duration and under conditions set forth herein.
Shall mean the symbol utilized by the Borough to include
the graphic design and written words included thereon, or any part
thereof. The "logo" consists of a leaf and waterfall with the words
"Borough of Tinton Falls, New Jersey" located thereon.
Shall mean and include any individual or group of individuals,
partnership, corporation or other entity, or any combination of persons.
[1982 Code § 116-3; Ord. #602]
No person is authorized by the Borough to use its logo without
first obtaining a license.
[1982 Code § 116-4; Ord. #602]
Any person wishing to obtain a license shall:
a.
First apply to the Administrator upon a form supplied by the Borough.
The form shall contain an affidavit with information supplied by the
applicant upon which the Administrator will rely.
b.
Upon approval by the Administrator of the issuance of such license,
pay the appropriate fee.
c.
Accept such license only upon conditions set forth on the license.
d.
Display such license upon request of any Borough official.
[1982 Code § 116-5; Ord. #602]
Among the conditions to be considered by the Administrator in
issuing a license are the following:
a.
The logo shall not be used in conjunction with the logo of another
person.
b.
The use of the logo shall be artistically continuous to or compatible
with the logo.
c.
The use of the logo shall not be degrading to the Borough.
d.
The logo shall not be defaced.
e.
The logo shall not be used in conjunction with any political statement
nor be associated with any political party but may be used to promote
the Borough.
f.
Such other conditions which the Administrator shall deem appropriate
to effect the policy of this section.
[1982 Code § 116-6; Ord. #602]
All licenses issued hereunder shall expire no later than the
360th day following the day on which the license is issued. Any person
seeking to renew a license shall reapply for the issuance of a new
license.
[1982 Code § 116-7; Ord. #602]
The fee for the issuance of a license shall be the sum of $25
for each person to whom a license is issued.
[1982 Code § 116-8; Ord. #602]
Because the Borough desires to protect its property right, any
person to whom a license has been issued and who violates any provision
of this section or any condition set forth on the license shall have
the license immediately revoked.
[1982 Code § 129-1; Ord. #211]
As used in this section:
Shall mean a proprietary facility licensed or regulated by
the State for the accommodation of convalescents or other persons
who are not acutely ill and not in need of hospital care but who require
skilled nursing care and medical services, in which such nursing care
and medical services are prescribed by or are performed under the
general direction of persons licensed to provide such care or services
in accordance with the laws of the State of New Jersey.
Shall mean a graduate registered nurse licensed by the State
of New Jersey and entitled to the use of the initials "RN" following
his or her name.
[1982 Code § 129-2; Ord. #211]
A nursing home may be constructed in those areas or zones as
permitted under the Land Use Ordinance of the Borough of Tinton Falls.
[1982 Code § 129-3; Ord. #211]
a.
A nursing home must be a separate entity having all essential facilities
and be capable of efficient and independent operation in conformity
with all local and State laws and contain at least 100 beds. It shall
also conform to Federal regulation for the purpose of admitting Medicare
patients.
b.
It shall not be used nor designed for use exclusively as a hospital,
clinic, diagnostic treatment center, rehabilitation center, home for
the aged nor for domiciliary use of persons not requiring skilled
nursing care on a daily basis.
c.
Commercial and industrial uses are hereby prohibited, except that
a small canteen within the building for the personal convenience and
needs of inpatients shall be permitted, as well as administrative
facilities for nursing home personnel and recreational facilities
for the sole and free use by patients.
[1982 Code § 129-4; Ord. #211]
a.
Adequate off-street (including roads, ways or driveways on the property)
parking shall be provided at a ratio of not less than one parking
space per occupant, including nursing home personnel. Screening shall
be provided to prevent lights from cars projecting into adjoining
properties.
b.
A one way traffic pattern shall be provided with appropriate signs.
[1982 Code § 129-5; Ord. #211]
a.
The operation of a nursing home is hereby prohibited in the Borough
unless the owner thereof shall annually have obtained a license from
the Borough to operate such nursing home. Application for such license
shall be made to the Administrator, which application shall set forth
all relevant information required under paragraph b hereinafter and
such other additional information as may be required by the Borough.
No license shall be issued unless the applicant shall have paid to
the Borough the license fee of $300. Each license shall expire one
year from the date of issue unless prior thereto the owner shall have
made application for a renewal of the license, which application shall
indicate any changes in the relevant information furnished in the
previous application. The renewal license fee shall be $100. The renewal
license shall expire one year from the date of issue unless further
renewed as aforesaid.
b.
Each nursing home shall provide the care and facility listed below,
and the application for a license to operate a nursing home shall
provide relevant information about the following in addition to any
other information required by this section or other ordinance of the
Borough or by State law:
1.
The nature of disabilities and needs of anticipated patients, including
nature of services to be rendered both within and away from the nursing
home.
2.
Provision for a medical staff to properly provide adequate regular
medical supervision of patient care for the types of disabilities
to be admitted for care.
3.
Provision for dietary service having professional counsel to assure
that the best possible dietary service is being provided.
4.
Provision for maintenance of complete and current medical records
on every patient in a manner that will permit any authorized physician
at any time to examine such records and know the problem involved
and the care being prescribed.
5.
Provision for nursing service to be under the supervision of full-time
graduate registered nurses, one of whom will always be on the premises,
with adequate nursing personnel on duty at all times to meet the needs
of patients accepted for care.
6.
Provision for adequate and proper facilities for storage, safeguarding
and dispensing of drugs and professional advice regarding administrative
policies in relation to drug control.
7.
Availability of clinical laboratory, diagnostic x-ray and such other
diagnostic services on a regular and convenient basis as needed.
8.
Provision for periodic evaluation of the quality of care practiced
in such home and for the control of unnecessary confinements and confinements
of undue duration.
9.
Provision for the personal grooming needs for patients.
c.
The owners and/or operators of any nursing home constructed under the provision of this section shall, within a reasonable period of time not exceeding six months from the date of filing application for license, obtain and retain approval from appropriate State and Federal agencies as required under subsection 5-5.3a. In the event such approvals are not obtained or are revoked, then in that event the license may be revoked or suspended by the Borough Council.
[1982 Code § 129-6; Ord. #211; Ord. #348; New]
For any and every violation of the provision of this section, the owner, contractor or other persons having interest as tenant or otherwise in any building, premises or land where such violation has been committed or shall exist shall, for each and every violation, be liable to the penalty as stated in Chapter 1, Section 1-5. Each and every day that such violation continues shall be considered a separate and specific violation of this section and not as a continuing offense. In addition to the remedies or remedy hereinabove provided, any person, persons, company or corporation violating this section or any provision thereof may be proceeded against by the Borough of Tinton Falls or by the Construction Code Official, Health Officer or Code Enforcement Officer of the Borough of Tinton Falls by appropriate action or by proceedings in the proper tribunal or otherwise to prevent and enjoin any threatened violation or any existing violation or any continuing violation of this section.
[Ord. #2015-1385]
It shall be unlawful for any solicitor, canvasser, hawker or
peddler selling products or services, or soliciting support for a
charitable cause door to door to engage in such activity within the
Borough without first registering with the Police Department to obtain
a permit as prescribed herein.
[Ord. #2015-1385]
a.
Any registrant under this section shall first obtain the necessary
application form from the Police Department upon payment of a fee
of $10 for a permit to be kept on file by the Police Department and
carried by the applicant for identification purposes. In the event
of any change in any of the facts set forth in the application during
the time of registration, the applicant shall, within five days of
the change, notify the Police Department. The application shall be
in affidavit form, but may be electronically filed, and shall contain
the following minimum information:
1.
The name, address, phone number and email address, if available,
of the individual or entity registering with a copy of any documents
demonstrating it is licensed to do business or solicit charitable
contributions in the State of New Jersey.
2.
The names and addresses of all individuals who will be soliciting,
canvassing, hawking or peddling under the registration being made.
3.
Any individuals soliciting, hawking or peddling shall carry a copy
of their permit on their person while conducting such activity and
produce a copy of it if requested by a resident or police officer.
b.
No permits shall be unreasonably denied. Should a denial for good
cause be made, it may be appealed to the Borough Administrator who
must make a decision within three days, or be referred to the governing
body's next public meeting.
c.
The application fee required at the time of application may be waived
for non-profit organizations, such as the Boy Scouts, Girl Scouts,
local sports leagues and veterans groups.
[Ord. #2015-1385; Ord. No. 2019-1440 § 2]
a.
No solicitor, canvasser, hawker or peddler shall conduct door to
door business or canvassing outside of the hours of 10:00 a.m. and
6:00 p.m. or sundown (whichever is earlier).
b.
No solicitor, canvasser, hawker or peddler shall enter private property
where a sign is posted stating: "no solicitation" "no trespassing"
or a similar message clearly evidencing a resident's intent that their
property not be entered for such purposes.
c.
Any person subject to the provisions of this section shall be responsible
for any minors, aged 16 and under, participating in any peddling or
soliciting under the terms of this section, and shall ensure that
such minors shall be accompanied by an adult at all times.
d.
All persons licensed under this section shall use only the front
door of any residence and shall be prohibited from using or knocking
on any side door or back door and also shall be prohibited from entering
the sideyard or backyard of any property.
[Ord. #2015-1385]
a.
Political candidates and committees are exempt from these registration
requirements.
[Ord. No. 2019-1440 § 1]
a.
The Police Department shall maintain a list of addresses of those
premises where the owner and/or occupant has notified the Police Department
that peddling, canvassing or soliciting are not permitted on the premises
(hereinafter referred to as the "no-knock registry"). A request by
owners or occupants to be included on the no-knock registry shall
be by completion and submission of a form made available by the Police
Department. The list shall be updated on January 15 and July 15 of
each year.
b.
Any owner and/or occupant who has requested enlistment on the no-knock
registry, pursuant to paragraph a herein, shall be able to purchase,
for a nominal fee, a sticker for display at his/her/its premises indicating
enlistment on the no-knock registry.
c.
The Police Department shall distribute the current no-knock registry
to a licensee at the time of issuance of a license to peddle, canvass
or solicit pursuant to the provisions of this section. The licensee
shall not peddle, canvass or solicit at any premises identified on
the current no-knock registry.
[Ord. #2015-1385; Ord. No. 2019-1440 § 1]
All permits issued under the provisions of this section shall
expire on the date set forth in the permit application but in no case
shall remain valid for more than one month beyond the date of issuance.
[Ord. #2015-1385; Ord. No. 2019-1440 § 1]
Any violations of this section shall be addressed by the penalties imposed under Section 1-5 of the General Revised Ordinances of the Borough of Tinton Falls.
[1982 Code § 158-1; Ord. #55; Ord. #93-823]
As used in this section:
Shall mean any automobile, or motorcar, commonly called "limousine"
or "livery" engaged in the business of carrying passengers for hire
or pay which is operated or run over any of the streets within the
Borough of Tinton Falls and dispatches from a central point for transportation
of passengers for hire. Said vehicle shall accommodate a minimum of
four passengers or a maximum of eight passengers.
Shall mean the driving of an empty taxicab/autocab to and
fro along a public street a slow rate of speed for the obvious purpose
of soliciting passengers.
Shall mean any person who drives a taxicab/autocab within
this Borough.
Shall be used interchangeably with the word "permit."
Shall consist of transporting in such taxicab one or more
persons for hire along any of the streets of this Borough, whether
the persons are accepted for transportation within or without the
Borough, or whether the accepted persons are to be discharged within
or without this Borough.
Shall mean any person, corporation or association in whose
name title to any taxicab/autocab is registered with the New Jersey
Commission Motor Vehicles or who appears in such records to be the
conditional vendee or lessee thereof.
Shall mean and include a firm, partnership, corporation or
association, the plural as well as the singular, and artificial as
well as natural person.
Shall mean any automobile or motorcar, commonly called "taxi,"
engaged in the business of carrying passengers for hire or pay, which
is operated or run over any of the streets within the Borough of Tinton
Falls and which accepts and discharges such passengers from points
or places to points or places within or without the Borough.
[1982 Code § 158-2; Ord. #55]
No person shall operate any taxicab within this Borough unless
both the taxicab and the driver thereof are licensed pursuant to this
section and conform to all the provisions hereof.
[1982 Code § 158-3; Ord. #55]
There are hereby established two classes of taxicab licenses,
to be known as "taxicab driver's permit" and "taxicab owner's license,"
respectively.
[1982 Code § 158-4; Ord. #55]
A taxicab driver's permit shall entitle the person named therein
to operate within this Borough any taxicab duly licensed hereunder
until the license either expires or is surrendered, suspended or revoked,
and shall not be transferable.
[1982 Code § 158-5; Ord. #55]
A taxicab owner's license shall entitle the taxicab therein
described to be operated in this Borough by a driver duly licensed
hereunder until the license either expires or is surrendered, suspended
or revoked, and shall not be transferable.
[1982 Code § 158-6; Ord. #55]
Any license issued pursuant to the terms of this section shall
expire at 12:00 midnight of the 31st day of December of the year in
which it was issued unless sooner surrendered, suspended or revoked.
[1982 Code § 158-7; Ord. #55]
The number of any licenses of either class at any one time issued
and outstanding shall not exceed such number as the Administrator
shall in his discretion, from time to time, deem sufficiently adequate
to serve public necessity and convenience.
[1982 Code § 158-8; Ord. #55]
a.
Each applicant, whether for original issuance or renewal of a driver's
license under the terms of this section, must conform to the following
regulations:
1.
Be of the age of 21 years or over and be a resident of the State
of New Jersey for one year or more.
2.
Present the certificate of a reputable physician showing that he
has been examined within 60 days and that he is of sound physique,
with good eyesight and not subject to epilepsy, vertigo, heart trouble
or other infirmity of body or mind which might render him unfit for
the safe operation of a taxicab.
3.
Be a citizen of the United States.
4.
Have not been convicted of a misdemeanor and have not violated any
provision of this section.
5.
Not be addicted to the use of narcotics or intoxicating liquors.
6.
Produce affidavits of his good character from at least two reputable
citizens who have known him personally and a further testimonial from
his last employer unless in the estimation of the Administrator sufficient
reason is given for its omission.
7.
Fill out on a form provided by the Department of Administration his
full name, residence, places of residence for the preceding five years,
age, height, color of eyes and hair, place of birth, previous employment,
whether married or single, whether he has ever been convicted of a
violation of any criminal law or a violation of this section, whether
his license has ever been revoked and for what cause, which statement
shall be signed and sworn to by applicant and filed in the Department
of Administration office as a permanent record. He shall also furnish
to the Department of Administration, two copies of his photograph,
size 3 1/2 inches by 3 1/2 inches.
b.
Every applicant for a taxicab driver's permit shall, at the time
of filing his application, be fingerprinted at such place and by such
agency as the Department of Administration shall direct; an impression
of such fingerprints shall thereupon be forwarded forthwith by the
Department of Administration to the Bureau of Identification of the
New Jersey State Police for a report of applicant's criminal record,
which report when received shall be permanently affixed to the application.
[1982 Code § 158-9; Ord. #55]
Each applicant for a taxicab owner's license shall have a regularly
registered business office and shall therein have a telephone operating.
[1982 Code § 158-10; Ord. #55]
In order to ensure the safety of the public, it shall be unlawful
for the owner, the lessee or bailee of any taxicab to operate such
taxicab or cause or permit such taxicab to be operated, nor shall
any license be issued hereunder, until and unless the applicant shall
have complied with the provisions of N.J.S.A. 48:16-1 et seq. of the
State of New Jersey, and the acts amendatory thereof or supplementary
thereto, except that no consent by the Department of Administration
to the operation of a taxicab shall become effective until the owner
thereof shall have filed with the Department of Administration an
insurance policy of a company duly licensed to transact business under
the insurance laws of this State in the sum of not less than $25,000
and $50,000 for personal injuries or death and not less than $5,000
and $10,000 for property damage. Upon the filing of the required insurance
policy, the Department of Administration shall issue a certificate
in duplicate showing that he owner of the taxicab has complied with
such insurance requirements, this certificate to recite the name of
the insurance company, number and date of expiration of the policy,
description of the taxicab insured thereunder and the registration
number of the same. The duplicate certificate shall be filed with
the Department of Motor Vehicles and the original certificate posted
in a conspicuous place within the taxicab.
[1982 Code § 158-11; Ord. #55]
The annual fee for each taxicab driver's permit hereafter issued
or any renewal thereof shall be $10 for each year or portion of a
year for which the license is issued or renewed, and the annual fee
for each taxicab owner's license issued or renewed shall be $25 for
each taxicab for each year or portion of a year for which the license
is issued or renewed, and all of such licenses shall be under the
charge and control of the person applying therefor and he shall be
responsible for the operation of all cars so licensed to him. Such
fees shall not be prorated nor any part thereof refunded for any reason
upon the denial of an application for issuance or renewal of license
by the Administrator.
[1982 Code § 158-12; Ord. #55]
Upon satisfactory fulfillment of the foregoing requirements
and upon authorization of Administrator, there shall be issued by
the Department of Administration to the applicant a driver's permit
which shall contain the photograph and Borough license number of the
licensee.
[1982 Code § 158-13; Ord. #55]
The Administrator may, in its discretion, refuse to issue or
renew, or may, after notice of not less than one week and hearing,
revoke or suspend:
a.
Any license of either class if the applicant or licensee has been
once convicted of a crime in this or any other jurisdiction, or convicted
of being a disorderly person or of a violation of Title 39, Motor
Vehicles and Traffic Regulations, of the Revised Statutes of New Jersey,
or violates any provision of this chapter, or has any judgment unsatisfied
of record against him arising out of an automobile accident, or has
made false answers in his application for such license or any renewal
thereof, or has failed or fails to render reasonably prompt, safe
and adequate taxicab service, or has not complied fully with all requirements
of this section for such class of license.
b.
Any taxicab driver's permit if the licensee or applicant has in any
degree contributed to any injury to person or damage to property arising
out of negligent operation of a motor vehicle.
c.
Any taxicab owner's license if the motor vehicle licensed or to be
licensed by reason of unsafe or unsanitary conditions is dangerous
to the safety or health of the occupants or others, or if the policy
of insurance or bond or power of attorney required by N.J.S.A. 48:16-3,
48:16-4 and 48:16-5 has not been furnished or kept in force, or if
the owners fail to comply with any terms or conditions imposed by
the Department of Administration or any law of this State.
[1982 Code § 158-14; Ord. #55]
No taxicab shall hereafter be operated in this Borough unless
and until there is prominently displayed in the interior thereof,
within the full view and access of any passengers therein, a complete
list of fares, charges or tariff rates charged for transportation
of passengers, which fares, charters or tariff rates so displayed,
and no other, shall be those to be charged any passenger so transported.
[1982 Code § 158-15; Ord. #55]
No person shall park any taxicab on any of the streets of this
Borough at any time except at such place or places as Borough Council
may by ordinance, designate as municipal taxi stands.
[1982 Code § 158-16; Ord. #55]
No person shall cruise on the streets of this Borough with any
taxicab at any time for the purpose of soliciting passengers.
[1982 Code § 158-17; Ord. #55]
No taxicab or other vehicle for hire shall be parked or stopped,
nor shall the drivers thereof solicit, attempt to solicit or otherwise
seek to engage a passenger, whether the driver be in or out of the
taxicab or other vehicle, within 50 feet of a regularly operated taxicab
office, stand or terminus, except the owner or lessee of the taxicab
office or terminus and his licensed drivers.
[1982 Code § 158-18; Ord. #55]
No person so licensed as aforesaid shall refuse to carry local
fares or passengers.
[1982 Code § 158-19; Ord. #55]
Owners and drivers of taxicabs licensed out of the jurisdiction
of this Borough may be allowed to enter their taxicabs in this Borough,
but on specific call only, whether transporting a passenger within
this Borough or from a point within this Borough to a point outside
the Borough limits or discharging a passenger transported from a point
outside of the Borough limits to a point within the Borough limits,
and the name of the passenger so calling shall be given by the owner
or driver when requested by the Borough Police, Mayor or other lawful
persons. Such taxicabs shall not be parked in this Borough nor shall
the drivers thereof cruise on the streets of this Borough at any time
for the purpose of soliciting passengers, nor shall they, in the nighttime
or other periods of darkness, when in this Borough, permit any advertising
lights on the taxicab to remain lighted; provided, however, that the
same or similar substantial reciprocal rights are granted to owners
and drivers of taxicabs licensed in this Borough by the municipalities
in which the aforesaid owners or drivers are licensed.
[1982 Code § 158-20; Ord. #55]
Every driver of a taxicab immediately after the termination
of any hiring or employment must carefully search such taxicab for
any property lost or left therein, and any such property unless sooner
claimed or delivered to the owner must be reported in writing by the
driver or owner of the taxicab to the Police Department with brief
particulars and description of the property within 24 hours after
the finding thereof.
[1982 Code § 158-21; Ord. #55]
Every taxicab owner shall operate and render service at least
16 hours every day of the week.
[Ord. #91-761]
This section shall be known as and may be called the "Borough
of Tinton Falls Towing Ordinance, 1989".
[Ord. #91-761; Ord. No. 2017-1419]
As used in this section:
Shall mean a vehicle or vessel partially dismantled, not
readily capable of operation under its own power, not currently used
for transportation, not currently licensed, wrecked, or junked.
Shall mean products used to soak up spills or vehicle fluids.
Shall mean charges for services including but not limited
to removal of personal items, copying of forms, inspection, telephone
and/or emails, and any additional paperwork.
Shall mean the driving of a wrecker to and fro along any
Borough street for the purpose of soliciting business within the Borough
of Tinton Falls.
Shall mean the amount of debris at the scene of a motor vehicle
accident from the point of impact, the final resting point of the
vehicle and the associated debris field.
Shall mean a special wrecker for removal of special vehicles
which could not be lifted by a normal wrecker without causing undue
damage.
Shall mean a building in which motorcars can be sheltered,
stored, repaired and made ready for use. It is specifically intended
not to include within the meaning of this definition, a gasoline service
station used principally for furnishing gasoline, oil, lubrication
service, and minor service for automobiles.
Shall mean the registration weight, the manufacturer's gross
vehicle weight rating or actual weight.
Shall mean a commercial manufactured truck with a wrecker
body. Minimum GVWR 26,001 lbs. used to tow and recover commercial-type
vehicles over 26,000 GVW as well as passenger vehicles unable to be
recovered by other means.
[Amended 2-16-2021 by Ord. No. 2021-1469]
Shall mean owner or agent of servicing garages.
Shall mean individuals, partnerships, corporations, companies,
and any other similar association of person or persons engaged in
business.
Shall mean the time the operator receives the telephone call
from the Tinton Falls Police Department until the time the operator
arrives on the scene.
Shall mean a response to a motorist to provide aid for the
changing of flat tires and/or providing fuel/jump start.
Shall mean the maximum allowable amount to be charged by
an operator for a twenty-four-hour period. Storage includes vehicles
taken to the police department or licensee yard as a result of a motor
vehicle crash, impound, or disabled vehicle.
Shall mean removal of a vehicle by taking the same in tow
or placing it on a flatbed.
Shall mean a schedule prepared by the Traffic Safety Unit
of towing operators that were approved by the Borough, to be called
by the Police Department for vehicle assistance.
Shall mean returning of a vehicle to its proper position
on all four wheels or under carriage.
Shall mean the time a licensee has equipment and personnel
waiting at a scene to perform a towing operation.
Shall mean the process of moving a motor vehicle by the use
of chains, nylon slings from a position that is not accessible for
direct hook up for towing a motor vehicle. Winching includes recovering
a motor vehicle not on the road and righting a motor vehicle that
is on its side or upside down, but does not include pulling a motor
vehicle onto a flatbed tow truck.
Shall mean a public vehicle employed for the purpose of towing,
transporting, and/or conveying or removing vehicles which are unable
to be and/or actually not operating under their own power, from the
place they were disabled to some other place and a service fee is
exacted.
[Ord. #91-761]
No person shall operate a tow truck or conduct any towing service
within the Borough without first having obtained a license therefor.
a.
Application for License. The application for a license as required by subsection 5-8.3 shall be made to the Chief of Police and shall accurately specify the following information, the truth of which shall be sworn to by the applicant:
1.
The year, make, type, weight and registration number of the tow truck;
2.
The name and address of the applicant or applicants and if a corporation,
the name and address of each officer and director thereof;
3.
The name and address of the owner of the tow truck, if other than
the applicant;
4.
The location or locations of the premises at which the tow truck
is domiciled or garaged;
5.
The location or locations of the premises to which vehicles are to
be towed for storage and the maximum number of vehicles to be stored
at such premises.
[Ord. #91-761]
Any license granted hereunder may be suspected or revoked by
the Mayor and Council after written notice and public hearing thereon,
for:
a.
Misstatement in the application.
b.
Failure to maintain insurance in the amounts set forth in this section.
c.
Violation of any other provision of this chapter.
d.
Violation of any law or regulation of the State of New Jersey which
might be deemed grounds for cancellation or revocation by the Mayor
and Council.
[Ord. #91-761]
a.
Any license issued hereunder may be renewed for additional periods
of one year upon:
1.
Submission to the Chief of Police of a renewal application containing the same information previously required in subsection 5-8.3a.
3.
A written endorsement of good standing to be prepared by the Chief
of Police, which is to be attached to the application prior to its
presentation to the Mayor and Council for final approval.
4.
Payment to the Chief of Police of a renewal fee in the amount of
$25.
[Ord. #91-761]
Upon receipt of all reports as set forth in this section, the
Chief of Police shall forthwith transmit the reports to the Mayor,
which shall grant or deny the issuance of a license within 30 days
after receipt of all reports. Failure to act within the thirty-day
period shall be the equivalent of a denial. In the event of any denial,
the applicant shall forthwith be notified in writing, after which
notification the applicant shall have 10 days in which to make written
request to the Borough Clerk for a further hearing before the Borough
Council under their investigatory powers.
[Ord. #91-761]
The Police Department shall establish and publish a call list
for all eligible licensees for the performance of towing services
within the Borough. Each licensee desiring to be placed upon the call
list shall agree with the Borough to provide twenty-four-hour towing
and other emergency services upon such terms and conditions as may
be approved by the Chief of Police and not inconsistent with the provisions
of this chapter. The call list shall be in alphabetical order and
shall be rotated so as to provide equal treatment to all licensees.
Any licensee shall be removed from the call list upon:
[Ord. #91-761; Ord. #91-778]
A license issued under this chapter shall not be transferable,
nor shall the licensee be permitted to hire any subcontractors.
Each licensee shall produce and display required license. The
Chief of Police shall issue to the person owning a licensed wrecker,
a card not less than four inches in width, or more than six inches
in length in such form as may be set by the Chief of Police to be
carried in each wrecker, and produced upon request, and which shall
bear the name and business address of the owner, official license
number of the wrecker, the rate of fares and conditions of employment
under which such wrecker is operating and a notice that, in case of
any complaint, the Chief of Police shall be notified.
Such card shall have attached thereto the signature of the Chief
of Police and the date of inspection of the wrecker, together with
blank space upon which entry shall be made of the date of every inspection
of the wrecker by the Chief of Police or his designee.
[Ord. #91-761; Ord. #91-778]
No wrecker shall be licensed or authorized hereunder, nor shall
any licensed wrecker be operated within the Borough of Tinton Falls
unless he has deposited with the Borough Clerk the following insurance
policies or certificates of insurance:
a.
Auto Garage Keeper's Policy. Auto garage keeper's legal liability
policy covering fire, theft and explosion in the minimum amount of
$500,000 and collision coverage subject to a maximum deductible of
$500 with each accident deemed a separate claim.
b.
A liability policy covering the operation of licensee's equipment
and wrecker or for any bodily injury or property damage in the minimum
amount of $500,000 for any one person killed or injured and $1,000,000
for more than one person killed or injured in any one accident. This
policy shall also provide for coverage in the minimum amount of $50,000
for all damage arising out of injury to, or destruction of, property.
|
Each policy required herein must contain an endorsement providing
for 10 days' notice to the Borough in the event of any material change
or cancellation. If the policy is not maintained according to the
above guidelines, the Chief of Police shall have the authority to
immediately suspend the wrecker license and privileges and collect
all and any licensing certificates, stickers, cards and other means
of identification which were issued for the purpose of this section.
|
|
Said insurance policy shall be endorsed to include a standard
severability of interest clause. Any additional cost for said endorsement
shall be paid by the licensed tower/wrecker service.
|
|
Licensees shall indemnify and hold harmless the Borough from
any damages or liability which may arise by reason of the action of
the licensee, his agents, employees or servants, in connection with
furnishing the services required by this chapter.
|
[Ord. #91-761]
No license shall be issued to an applicant hereunder unless
he or his employees shall be available or on-call on a twenty-four-hour
basis to tow vehicles pursuant to the terms and specifications of
this section. All licensees must respond to a call for service from
the Tinton Falls Police Department within a reasonable amount of time,
preferably within 20 minutes.
[Ord. #91-761]
All licensees must have sufficient storage areas on their own
premises to store not less than 25 towed vehicles and shall be available
during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday;
and 8:00 a.m. to 12:00 noon on Saturday, for the release of the towed
vehicles to their owners, pursuant to this section. The licensee will
also have to receive a "Vehicle Impound Report" release from claimant,
if same was filed by the police officer at time of impoundment request.
Licensees shall have available and must provide for a protected
area for storage of impounded vehicles to be used in criminal cases.
Protected area shall include inside storage of vehicles or fenced
in storage of vehicles so as to preclude in either case access to
such vehicle by unauthorized persons. He must also in the case of
outside storage, cover-up said vehicle to protect interior from weather
elements, if exposed.
No license shall be issued for a tow truck unless tow truck
business is located within one mile of the Borough of Tinton Falls
and has storage facilities for towed vehicles within two miles of
the Borough of Tinton Falls, New Jersey, and in the State of New Jersey,
and in or on premises which are zoned for this type of business.
[Ord. #761, Ord. #778; Ord. #00-1030; Ord. #13-1365; Ord. No. 2017-1416]
a.
No licensee shall charge fees in excess of the maximum fees set forth
in this section.
b.
There shall be a reduced fee of $65 charged to the Borough of Tinton
Falls for the towing of any Borough police vehicle within a ten-mile
distance from Tinton Falls.
c.
Charges for transportation, hauling or services of disabled vehicles
by any licensed wrecker or operator of any licensed wrecker under
this section, and storage of said vehicle, shall comply with the rates
established by the State of New Jersey for vehicles covered by State
Statutes; for vehicles not covered by State Statutes, charges shall
not exceed the following rates as established by the Borough:
1.
Vehicles with a GVW up to 10,000 pounds: $130.
2.
Vehicles with a GVW 10,000 pounds to 26,000 pounds: $210.
3.
Vehicles with a GVW 26,001 pounds and over: $360 per hour with a
one hour minimum. Once over the first hour, charges shall accrue in
thirty-minute increments.
4.
Service calls for tire changes, jump starts, fuel delivery and roadside
repairs shall be $75.
5.
Winching service shall be charged at a rate of $180, said service
to be charged in thirty-minute increments with a one hour minimum.
This charge shall include the use of additional equipment to remove
the vehicle. This charge shall not be charged by a licensee for simply
pulling the vehicle onto the tow truck during the course of a standard
tow.
6.
Clean-up and labor charges shall be charged at a rate of $35 per
hour, plus $15 for each bag of absorbent material used. This charge
is for clean-up and/or removal of debris or mechanical work to ready
the vehicle for towing.
7.
A one-time administrative fee of $50 shall be charged for compensating
the licensee for allowing owners to retrieve property, inspection
of the vehicles by insurance companies, and any additional paperwork
beyond the initial towing bill.
8.
For conveying a passenger car to other than the tower's facility
(i.e., owner's home, another garage) a fee of $5 per mile shall be
charged for all distances of greater than five miles. This is in addition
to the prescribed rate for actual towing of vehicle.
9.
For conveying a vehicle in excess of four tons, as specified above,
a charge of $10 per mile shall be charged for all distances greater
than five miles. This is in addition to the prescribed rate for actual
towing of vehicle above.
10.
Waiting time shall be charged at a rate of $60 per hour only after
the first 30 minutes on scene.
11.
Storage fees shall be charged at a rate of $35 per day with the first
24 hours not charged.
12.
Any crane service used will be determined for cost by licensee and
owner/driver of the vehicle.
d.
All disputes as to fares shall be determined by the Chief of Police.
The police officer at the scene shall report any disputes to the Chief
of Police in the form of an operational report, as soon as possible.
e.
During adverse weather conditions, licensed towers may be requested
by the Borough to tow stalled, parked or abandoned vehicles for the
purpose of plowing or removing snow from the streets or permitting
the proper flow of traffic. For such towing service, licensed towers
shall charge a maximum fee of $130 per vehicle. The request for such
towing shall be made by the Borough Police Department.
f.
A fee schedule conspicuously indicating the maximum rate for towing
and storage of a vehicle from within the Borough, shall be kept in
the possession of the drivers of the wreckers and presented to the
driver/owner of any vehicle prior to any vehicle being towed by a
licensee. An itemized bill list shall further be supplied to each
person towed, upon request.
[Ord. #91-761]
The governing body hereby designates the Police Department,
generally, and the Chief of Police, in particular, as its agents to
supervise and govern the enforcement and provisions of this section
and the rules and regulations adopted hereunder.
No individual, owner, or operator of a wrecker shall respond
to the scene of an accident except upon notification by Police Headquarters
or upon the request of the driver or owner of the vehicle involved.
However, if the driver/owner requests a tow truck and a tow truck
does not respond within a reasonable amount of time, being 20 minutes,
and the vehicle is in a dangerous area, then the police will have
the right to call the Borough licensed wrecker.
The licensee shall also be required to keep a daily log of all
related towed vehicles reflecting the following:
a.
Date and time of request.
b.
Date and time of vehicle when towed.
c.
Address from where the vehicle was towed and address to where the
vehicle was towed.
d.
Name of towing operator performing service.
e.
Complete dates of storage of said vehicle.
f.
Date of release of said vehicle, complete name and address of person
obtaining vehicle, and whether police vehicle impound report was required
and produced.
g.
Make, model, year and license plate of vehicle.
h.
Description of general condition of vehicle with damages noted.
i.
All other necessary and pertinent information requested by the Police
Department.
[Ord. #91-761]
No person shall drive a wrecker who is under the age of 18 years
and who has not in his possession a valid license duly issued to him
to operate a motor vehicle in the State of New Jersey.
The wrecker operator shall also have in his possession an I.D.
card issued by the Tinton Falls Police Chief authorizing said person
to operate a wrecker for the purposes outlined in this section. Furthermore,
the operator's name and license number will be kept on file at Police
Headquarters and periodically checked for valid status.
If for any reason the operator's drivers license and privileges
are suspended or expired, he will not be allowed to operate said wrecker
under State law and will notify the Chief of Police, in writing, explaining
the reason and duration of suspension.
[Ord. #91-761; Ord. No. 2017-1416]
No licensee shall possess or exhibit flashing lights except
as provided under N.J.S.A. 39:1-1 et seq.
a.
A minimum of two flashing yellow lights pointed to the rear and so
mounted as not to be obstructed by any motor vehicle being towed by
the licensee.
b.
A minimum of two flashing yellow lights spaced at least four feet
apart and so constructed as to be mountable on the rear of any vehicle
being towed.
c.
A 360° rotating amber beacon light mounted over the cab.
d.
All lights of such candlepower in intensity as to be visible 1/4
of a mile away.
e.
Dual rear wheels or equivalent.
f.
Originate from a garage equipped with a portable car dolly.
g.
A power take off controlled winch with a minimum cable thickness
of 3/8ths of an inch or equivalent.
h.
Weight equal to the vehicles to be towed, with a minimum of 5,500
pounds.
i.
A 3/8ths inch safety chain. The lift chain and the safety chain are
not to be attached in any form or manner to the same part of the wrecker.
j.
One shovel and one broom for use in removing debris from roadway.
k.
One 20 pound dry chemical fire extinguisher.
l.
One five gallon bucket of sand.
m.
Each tow vehicle shall be permanently lettered on both sides in accordance
with Title 39.
n.
Each tow vehicle must satisfy all safety standards as established
by Title 39 and applicable regulations.
o.
Each person responding with the tow vehicle shall wear a reflective
safety vest.
p.
Each tow vehicle shall be equipped with containers capable of holding
loose material to be removed from the scene.
[Ord. #91-761]
In the event that a licensee is requested by the Police Department
to render services in accordance with this section at the scene of
a motor vehicle accident, the licensee shall remove from the street
all broken glass, metal and other debris resulting from said accident.
[Ord. #91-761]
Licensee shall take all reasonable precautions required by the
Police Department to avoid damage to any evidence, such as fingerprints,
when rendering services in accordance with this section.
All motor vehicles which contain or involve evidence necessary to the Police Department and stored by the licensee in accordance with this section shall be stored pursuant to subsection 5-8.10 of this section.
[Ord. #91-761]
This section shall not prevent the occasional operation at the
scene of an accident, upon the request of an owner/driver of a vehicle,
of a wrecker, or tow truck which is owned by a person not regularly
engaged in the business of operating wreckers or tow trucks within
the Borough of Tinton Falls.
[Ord. #91-761]
Any person found guilty of violating any of the provisions of
this section may, in addition to being removed from the towing roster,
be liable, upon a determination of guilt by the Chief of Police, to
a fine of not more than $500 and suspension privileges under this
section for up to 30 days, or both, for each violation and may be
ultimately subjected to revocation of said license provided herein
to tow vehicles, as a result of police requests.
[Added 12-7-2021 by Ord. No. 2021-1480]
a.
Laws applicable.
All applications for licenses, all licenses issued and all proceedings
under this chapter shall be in accordance with the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act (“the Act”) (P.L. 2021, c.16), rules, regulations,
and all other applicable laws of the State of New Jersey.
b.
Issuing
authority. All licenses required by this chapter shall be issued by
the Borough Clerk.
c.
License
required. It shall be unlawful for any person, firm, or corporation
to own or operate within the Borough of Tinton Falls any cannabis
businesses for the cultivation, manufacture, wholesale, distribution
of cannabis as well as its retail sale without first having obtained
a properly issued license that is issued in accordance with the Act
and the provisions of this chapter.
d.
License
fees. The annual license fee for a license for the cultivation, manufacture,
wholesale, distribution, and retail sale of cannabis shall be as follows:
initial application fee is $10,000 and $2,500 per annum thereafter.
[Added 12-7-2021 by Ord. No. 2021-1480]
On-site consumption of cannabis for all classes of cannabis
facilities in any form or its transfer from its original packaging
by patrons, employees or other persons in the building, premises,
or in any automobile or other vehicle located on the premises is prohibited.
[Added 12-7-2021 by Ord. No. 2021-1480]
a.
Presence.
No person under the legal age of 21 shall be allowed in any building
where cannabis is sold.
b.
Purchase
of cannabis by a person under legal age. No person under the legal
age of 21 shall purchase, attempt to purchase or have another purchase
for that person any cannabis on any premises licensed for the sale
of cannabis.
c.
Purchase
of cannabis for a person under the legal age. No person shall purchase,
attempt to purchase, or transfer cannabis to a person under the legal
age of 21. It shall be unlawful for any person to induce or attempt
to induce any licensee or any employee of a licensing to sell, serve
or deliver cannabis to a person under the legal age of 21.
[Added 12-7-2021 by Ord. No. 2021-1480]
a.
On-site
sales of alcohol or tobacco products are prohibited.
b.
On-site
consumption of food, alcohol, tobacco, or cannabis products by patrons
is prohibited.
c.
All cultivation
facilities shall be located indoors.
d.
Any licensed establishment located on property that abuts residential property shall be required to have sufficient buffering in place in accordance with § 40-26E, between the site and the residential property.
e.
Odor Control:
All cannabis operations shall be required to submit an odor mitigation
plan as part of their zoning permit and/or Planning/Zoning Board application.
All cannabis establishments shall have appropriate equipment to mitigate
cannabis-related odor. All buildings shall be equipped with an air
treatment system with sufficient odor-absorbing ventilation and exhaust
systems such that any odor generated inside the facility is not detectable
by a person of reasonable sensitivity at the property line of the
subject property. Odor complaints will be directed to NJDEP’s
environmental hotline for further investigation and compliance with
the Air Pollution Control Act.
f.
Security
requirements for all classes of cannabis establishments:
1.
All licensed
facilities shall be equipped with security cameras covering all exterior
parking and loading areas, all points of entry into the facilities,
and interior spaces that are open to the public and that are used
to store cannabis products. Security cameras shall be installed to
monitor and record all areas of the premises, except in restrooms,
and where persons may gain or attempt to gain access to cannabis products
or cash maintained by the cannabis establishment. Cameras shall record
operations of the business and all potential areas of ingress and
egress to the facility with sufficient detail to identify facial features
and clothing. Recordings from security cameras shall be maintained
for a minimum of 40 days in a secure off-site location or through
a service over a network that provides on-demand access, commonly
referred to as a “cloud.” The off-site location shall
be submitted to the Police Department and shall be updated within
48 hours of any change of such location.
2.
All licensed
cannabis establishments shall provide the Police Department with access
to recorded security footage immediately upon request by the Department.
3.
All licensed
cannabis establishments shall have at least one privately licensed
security guard stationed at each facility during operation. The expense
of providing the privately licensed security guard shall be paid by
the cannabis establishment.
4.
All licensed
retail establishments shall provide a dimensioned floor plan, clearly
labeled, showing: the layout of the structure and floor plan in which
the retail operation is to be located; the principal uses of the floor
area depicted on the floor plan including, but not limited to, public
areas, processing and manufacturing areas, loading and unloading areas,
storage areas and restricted areas where cannabis products will be
located, storage areas and restricted areas where cannabis products
will be located; all points of entry into the facility; and the locations
of all security cameras that will be positioned within the facility.
5.
All licensed
cannabis establishments shall provide a plan for exterior lighting
for security purposes.
6.
All licensed
cannabis establishments shall install and use a safe for storage of
any cash on the premises when the business is closed. The safe shall
be incorporated into the building structure or securely attached thereto
as approved by the Tinton Falls Borough Police Department and Construction
Official.
7.
All licensed
cannabis establishments shall install and use an alarm system that
is monitored by a company that is staffed 24 hours a day, seven days
a week. The name, location and contact information of the company
monitoring the alarm shall be provided to the Tinton Falls Police
Department and shall be updated within forty-eight hours of any change
of monitoring company. If the alarm system includes a panic alarm,
an operable dedicated phone for Tinton Falls Police Department to
respond to the alarm shall remain on the premises at all times.
[Added 12-7-2021 by Ord. No. 2021-1480]
Cannabis products will be subject to the state sales tax and,
as authorized by the Legislature, local cannabis tax of 2% for cannabis
cultivator, manufacturer, and/or retailer; and 1% for wholesalers.
The tax percentage is based on the receipts for each sale and will
be paid directly to the municipality in the manner prescribed by the
Borough. Any delinquencies are treated the same as delinquent property
taxes. The local tax does not apply to delivery services to consumers
or to transfers for the purpose of bulk transportation.
[Added 12-7-2021 by Ord. No. 2021-1480]
a.
Any license
issued under this chapter may be suspended or revoked for a violation
of any of the provisions of this chapter, or any provision of the
applicable statute or any of the rules or regulations of the State
of New Jersey.
b.
The provisions
of this section shall be enforced by the Police Department or the
Code Enforcement Officer or her/his designee. In the event that the
Borough Council finds upon a written complaint that there is such
a serious infraction of the rules, regulations and ordinances of the
Borough of Tinton Falls or the rules, regulations and laws of the
State of New Jersey or that the operation of a premises licensed hereunder
will constitute a serious menace to the health, safety, welfare and
morals of the people of the Borough or the occupants of such licensed
premises, the Borough Council shall have the right to hold a hearing
where said operator and complainant will be given the right to provide
testimony and be subject to cross-examination regarding said complaint.
Upon the Council's finding of good cause, it may immediately suspend
the license of such person, firm, partnership, corporation or entity
licensed under this section. The hearing to continue the suspension
or revocation of the license or take such other action as the Borough
Council deems necessary in its lawful discretion shall proceed where
applicable in the same manner as if the proceeding were for the issuance
of a new license. Nothing contained herein shall prevent the Borough
of Tinton Falls or the officers of the Borough from proceeding against
the applicant in a court of competent jurisdiction.
c.
Suspension
or revocation of a license shall be in addition to any other penalty
which may be imposed for a violation of this section.
[Added 12-7-2021 by Ord. No. 2021-1480]
Any licensee or any person who shall violate or fail to comply
with the provisions of this section shall, upon conviction, have his,
her or its license subject to a fine of $500 for the first offense
and $2,000 for any subsequent offense or by imprisonment for a term
not exceeding 90 days or by a period of community service not exceeding
90 days, as well as such penalties as may otherwise be provided by
law.
