Editor's Note: See also Chapter 23, Quarrying.
[New]
As used in this section:
Shall mean a person who goes from place to place by traveling
on foot or by any type of conveyance on the streets, or from house
to house, carrying, transporting or conveying goods, wares, merchandise,
foods, farm products or provisions, offering and exposing the same
for sale or making sales and deliveries to purchasers, or who solicits
orders and as a separate transaction makes deliveries to purchasers.
The word "peddler" shall include the words "hawker" and "huckster."
Shall mean and include the singular and the plural and shall
also include and mean any individual, firm, partnership, corporation,
voluntary association, incorporated association, club, society or
other organization and any officer, employee or agent thereof.
Shall mean and include persons who shall go on foot or by
any type of conveyance from door to door or house to house selling,
causing to be sold, offering for sale or causing to be offered for
sale or taking orders for present or future delivery of goods, wares,
merchandise, foods, farm products or provisions; and shall further
include persons going, as aforesaid, from door to door or from house
to house for the purpose of obtaining alms, orders, subscriptions
or making canvasses or surveys or other solicitations; also, any person
who uses or occupies any building, part thereof or any other place
within the Township for the sole purpose of exhibiting samples and
taking orders for future delivery.
[New; amended 9-24-2019 by Ord. No. 19-16]
The purpose of this section is to prevent dishonest business
practices by providing for the registration and regulation of the
conduct of peddlers and solicitors, and of soliciting and canvassing.
[New]
It shall be unlawful for any peddler or solicitor to sell or
dispose of, or to offer to sell or dispose of, any goods, wares or
merchandise within the Township or to solicit or act as a solicitor
from door to door within the Township without first registering with
the Township Clerk as provided in this section, and obtaining the
license prescribed.
[New]
The requirements of this ordinance as to the payment of a license
fee (but not as to registration) shall be held not to include the
following persons, who are expressly exempt from its application:
a.
Any person honorably discharged from the United States Army, Navy,
Air Force or Marine Corps, or other components of the military forces
of the United States.
b.
Any person who conducts a judicial sale under the authority of the
State or National laws.
c.
Any person who resides in the Township who solicits for charitable
or educational purposes.
d.
Persons engaged in delivering merchandise of any nature whatsoever
on regular scheduled routes to regular customers, including specifically,
but not limited to, persons delivering dairy products, bread and other
merchandise over such routes; and with respect to persons mentioned
in this subsection they shall be exempt from all requirements of this
section relating to the payment of the license fee or license fees,
terms and conditions.
[New]
Any person desiring a license under this section shall first
register with the Township Clerk and shall file with the Clerk an
application in writing containing the following information:
a.
Name of applicant.
b.
Permanent home residence.
c.
Name, address and telephone number of the person from whom goods
making up the stock, if any, were or are to be purchased.
d.
Three bona fide business references.
e.
The place or places of residence of the applicant for the next preceding
three years.
f.
Two recent photographs of applicant, approximately 2 1/2 inches
by 2 1/2 inches in size.
[Amended 9-24-2019 by Ord. No. 19-16]
g.
A description of the goods, wares or merchandise to be sold and offered
for sale, and/or the purpose of his proposed canvassing or solicitation.
h.
Details of any arrests or convictions for misdemeanors and crimes,
including the nature of the offense for which arrested or convicted,
the day of conviction and the place where the conviction was had.
i.
To the application, and as part thereof, there shall be attached
a letter from the firm or corporation for which applicant works, authorizing
applicant to act as its representative.
[New; amended 9-24-2019 by Ord. No. 19-16]
Following the filing of the application, the Municipal Clerk
shall make or cause to be made such investigation as she deems necessary
to verify the information set forth therein; the Clerk shall thereupon
signify her approval or rejection on the reverse side of the application
within 10 business days, and if approved, shall issue the license
to such applicant. To such license shall be affixed one photograph
of the applicant, identified by applicant's signature, which
shall, in part, cover the photograph.
[New]
Every person holding a license under this section shall be required
to carry the license with him.
[New]
The following regulations shall apply to all persons licensed
under the provisions of this section:
a.
No license or badge issued under the provisions of this section shall
be used or worn by any person other than the one to whom it was issued,
nor shall it be transferred in any way or manner.
b.
No peddler, nor any person in his behalf, shall shout, make any outcry,
blow a horn, ring a bell or use any sound device, including any loudspeaking
radio or sound-amplifying system, upon any of the streets, alleys,
parks or other public places of the Township, or upon any private
premises in the Township where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, alleys, parks or other public places, for the purpose
of attracting attention to any goods, wares or merchandise which such
licensee proposes to sell.
c.
No peddler shall have any exclusive right to any location in the
public streets, nor shall any be permitted a stationary location,
nor be permitted to operate in any congested area where his operations
might impede or inconvenience the public.
d.
Peddlers are required to exhibit their licenses at the request of
any citizen.
e.
No person shall be permitted to peddle, solicit or canvass before
8:30 a.m. on any day or after 9:00 p.m. on any day. No one shall be
permitted to peddle, solicit or canvass on Sunday.
[Amended 9-24-2019 by Ord. No. 19-16]
f.
It shall be the duty of any Police Officer of the Township to require
any person peddling and who is not known by such Officer to be duly
licensed, to produce his peddler's license, and to enforce the
provisions of this section against any person found to be violating
the same.
[New]
A license may be revoked by the Manager or Township Clerk by
reason of violation of the terms of the license, the violation of
any Township ordinance or State or Federal statute or falsification
or fraud in applying for the license. The licensed person may, upon
making application to the Township Clerk in writing, request a hearing
by the Township Council upon the revocation or suspension of the aforesaid
license. A license may be suspended for not more than four weeks by
the issuing officer without a hearing.
[New; Ord. No. 07-17 § 1]
The provisions of this section shall not apply to persons who
distribute religious literature or who solicit contributions for religious,
charitable or political purposes or similar noncommercial purposes.
a.
Registration Required; Information to be Included. Peddlers, solicitors
and/or canvassers of religious, charitable or political literature
or persons who solicit contributions for religious, charitable, political
or other noncommercial purposes within the Township are required to
first register with the Township Clerk on a written form to be provided
by the Clerk, which form shall contain the following information:
1.
Name, age and physical description of registrant.
2.
Complete permanent home and local address of registrant.
3.
Name and address of the organization or person for whom distribution
or solicitation is being made.
4.
The make, model, year, color and license plate number of automobiles
used by the registrant during the period of solicitation within the
Township and the number of the driver's license and State of
issuance and name, address and policy number of automobile insurance
coverage.
5.
Description of the nature of the solicitation or activity to be conducted
within the Township and time period such registration shall cover.
6.
Attached written authorization from the firm or corporation for which
the registrant works authorizing the registrant to act as its representative.
b.
Issuance of License. Following the filing of the registration form, pursuant to Subsection a above, the Township Clerk shall issue to the registrant a license to peddle, solicit and/or canvass for religious, charitable, political or other noncommercial purposes.
c.
Regulations. The following regulations shall apply to all persons
registering under the provisions of this subsection:
1.
No license or registration certificate issued under the provisions
of this section shall be used by any person other than the one to
whom it was issued, nor shall it be transferred in any way or manner.
2.
No person shall shout, make any outcry, blow a horn, ring a bell
or use any sound device, including any loud-speaking radio or sound-amplifying
system, upon any of the streets, alleys, parks or other public places
of the Township or upon any private premises in the Township where
sound of sufficient volume is emitted or produced therefrom to be
capable of being plainly heard upon the streets, alleys, parks or
other public places for the purpose of attracting attention to any
solicitation to which such registration applies.
3.
Every person registering under this subsection shall produce proof
of such registration at the request of any resident from whom solicitation
is made.
4.
No person shall be permitted to solicit or canvass before 8:30 a.m.
or after 9:00 p.m. Monday through Saturday. No one shall be permitted
to solicit or canvass on Sunday.
d.
No Solicitations. Residents and private companies of the Township
may post a sign at their residence containing the words "no solicitations."
Anyone registered to solicit or canvass pursuant to this section is
hereby prohibited from canvassing or soliciting at any residence posted
with a sign indicating "no solicitations."
[Ord. No. 07-09 § I]
a.
The following regulations shall apply to all persons desiring to
solicit on roadways within the Township:
1.
No organization may solicit within the Township more than one day
per year.
2.
Organizations must request to the Sparta Police Department, in writing,
at least one month prior to the soliciting time requested. Such request
must include a certificate of insurance and proof of all completed
application forms as required by the County and/or State.
3.
The schedule for solicitation of various organizations is on a first
come basis.
4.
All solicitors must abide by the requirements of N.J.A.C. 16:40-4.2
— 16:40-6 respectively.
b.
The Sparta Township Police Department will be responsible for supervising
the solicitation and enforcing the terms of the charitable solicitation
permit.
[1978 Code § 4-3.1]
As used in this section:
Shall mean any machine which, upon the insertion of a coin,
slug, token, plate or disc, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score. It shall include such devices as marble machines, pinball
machines, skill ball, mechanical grab machines, and all games, operations,
or transactions similar thereto under whatever name they may be indicated.
Shall mean and include any person, within the definition as stated in Chapter 1 of this code who owns any amusement device; the person in whose place of business any such machine is placed for use by the public; the person having control over such machine.
[1978 Code § 4-3.2]
Any person displaying for public patronage or keeping for operation
any amusement device shall be required to obtain a license issued
by the Municipal Clerk as provided herein.
[1978 Code § 4-3.3]
Application for a license shall be made to the Municipal Clerk
upon a form to be supplied by the Township. The application shall
contain the following information:
[1978 Code § 4-3.4]
a.
The application shall be referred by the Municipal Clerk to the Chief
of Police. He shall investigate the location wherein it is proposed
to operate such machine, ascertain if the applicant is a person of
good moral character, and either approve or disapprove the application.
No license shall be issued by the Municipal Clerk to any applicant
unless approved by the Chief of Police.
b.
No license shall be issued under this section to any person who shall
have been convicted of any crime or offense involving moral turpitude
or who shall have been convicted of the violation of any State law
or municipal ordinance involving gambling.
[1978 Code § 4-3.5; § 8-7; Ord. No. 521]
a.
The annual license fee for operating or maintaining each amusement
device shall be $10 per year or any part thereof for each device and
payable to the Municipal Clerk at the time of the filing of the application.
b.
All licenses issued under this section shall expire on December 31
of the year of its issuance.
[1978 Code § 4-3.6]
a.
A license shall not be transferable from person to person nor place
to place, and shall be usable only at the place and by the person
designated in the license.
b.
A license may be transferred from one machine or device to another
similar machine on application therefor to the Municipal Clerk and
the giving of a description and serial number of the new machine or
device.
[1978 Code § 4-3.7]
Each license shall be posted permanently and conspicuously on
the licensed machine.
[1978 Code § 4-3.9]
Nothing in this section shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been or is judicially determined to be a gambling device,
or in any way contrary to law.
[1]
Editor's Note: Prior ordinance history: Ordinance No.
08-20)
[Ord. No. 2015-01]
No hunting of any type shall be permitted on any Township-owned
properties, except in the event that the Township Council determines
that deer hunting is necessary to control the deer population. In
the event such a determination is made the Council shall adopt a resolution
setting forth the applicable permit fees, the process for obtaining
permits and the rules and regulations for such hunt.
[1978 Code § 4-4.1]
As used in this section.
Shall mean and include the terms tourist lodge, tourist cabin,
motor lodge, motor court, motor inn and all similar designations,
but are not intended to include boarding houses as defined in and
regulated by the Housing Code of the Township.
[1978 Code § 4-4.2]
No person shall engage in the business of conducting a tourist
home or motel containing more than 10 rooms for rental purposes without
first having applied for and obtained a license from the Township.
[1978 Code § 4-4.3]
Each applicant for a license shall make written application
on forms supplied by the Municipal Clerk setting forth:
a.
Full name and post office address of the applicant;
b.
Exact location of the proposed licensed premises, giving the street
address, block and lot number as shown on the tax assessment map of
the Township and the exact dimensions of the lands upon which the
business is to be conducted;
c.
Description of the buildings, structures and accommodations upon
said lands, including a statement of the number of housing or lodging
units, the maximum number of persons who can be accommodated at any
given time, a description of the character of the buildings or structures
as to use, type of construction and whether or not the same are fireproof,
and a description of automobile parking space and facilities;
d.
Name and address of the owner of the lands and buildings;
e.
Name or names of the persons on the licensed premises upon whom process
may be served;
f.
Whether any person constituting the individual or partnership applicant,
or if a corporate applicant, any stockholder holding 5% or more of
the stock thereof, or any director or officer thereof has ever been
convicted of any crime, and if so, the details thereof, including
with respect to each conviction, the name of the person convicted,
the date thereof, and the nature of the crime, the court in which
the conviction was entered, and the punishment imposed;
g.
In the case of corporate applicants, the names and residences of
all stockholders holding 5% or more of any stock of the corporation,
the names and residences of all officers of the corporation, and the
office held by each; and the name and address of the registered agent
of the corporation in New Jersey.
[1978 Code § 4-4.4]
The Municipal Clerk shall forthwith forward copies of the application
to the Sanitarian, the Chief of the Fire Department and the Construction
Official, who shall inspect the premises to determine whether or not
the premises comply with the health, fire and building ordinances,
codes and regulations of the Township. If the premises do not comply,
the officers shall attach to the application a written list of recommendations
to the Township Clerk who shall, in turn, return the application to
the applicant. If the premises do comply with the codes and ordinances,
the officers shall attach thereto certificates of approval. The Municipal
Clerk shall thereupon present this application, with the certificates
of approval, attached, to the Township Council. The Township Council
shall thereupon cause to be made such further investigation of the
premises and of the information set forth in the application as it
may deem necessary and shall determine on the basis of the investigation
and application whether or not such license shall be granted.
[1978 Code § 4-4.5]
No such license shall be issued to any person who has been convicted
of a crime involving moral turpitude. No license shall be issued to
any corporation in which any stockholder holding 5% or more of any
of the stock thereof, or any director or officer thereof, shall have
been convicted of a crime involving moral turpitude.
[1978 Code § 4-4.6]
Upon being satisfied as to the accuracy of the information filed
in the application and as a result of the investigations conducted
by the respective agencies of the Township, the Township Council shall
direct the Municipal Clerk to issue a license for the conduct of a
tourist home or motel.
[1978 Code § 4-4.7; 8-7; Ord. No.
521]
The annual fee for the license of tourist homes and motels shall
be $10 for each housing or lodging unit, provided, however, that the
annual license fee shall not exceed $100 annually.
[1978 Code § 4-4.8]
A license under the provisions of this section shall be for
a term of one year, commencing January 1 and expiring December 31.
[1978 Code § 4-4.9]
On application setting forth the same matter and things as are
required by this section to be set forth in connection with an original
application for a license, the Township Council, with the consent
of the licensee, may transfer to such applicant any license issued
under the terms and provisions of this section.
[1978 Code § 4-4.10]
[1978 Code § 4-4.11]
a.
Every person engaged in the business of conducting a tourist home
or motel in the Township where sleeping accommodations are furnished
for tourists, transients or travelers, shall keep and maintain, or
cause to be kept or maintained therein, a register in which shall
be inscribed the true name and address of each and every guest renting
or occupying a room or lodging unit.
b.
Such register shall be signed by the person renting such room or
lodging unit or by someone under his direction. The proprietor, or
his agent, shall write opposite each name, the number of the room
or lodging unit assigned to and occupied by each such guest, and the
State license number of any motor vehicle then being used or operated
by the registrant. The proprietor, or his agent, shall keep and preserve
the record showing the date of registration and date when the occupant
of each room or lodging unit quits and surrenders the same. This register
shall be available at all times to all duly authorized officials of
the Township as well as other duly authorized peace officers upon
request.
[1978 Code § 4-4.12]
a.
Every licensee shall file with the Municipal Clerk at the time of
making initial application hereunder, a schedule of the rates applicable
to the various types of rooms or units in the licensed premises, and
such rates, as posted, shall not be altered or varied by the licensee,
his agents or employees prior to filing anew schedule with the Township
Clerk.
b.
No licensee, his agents, servants, or employees, shall charge any
guest or guests for any room in the licensed premises any higher rate
than that shown in the schedule applicable to that type of room.
[1978 Code § 4-4.13]
No licensee shall permit the occupancy of, nor shall any person
occupy any room in any tourist home or motel which does not contain
at least 80 square feet for the first occupant thereof and at least
50 square feet of floor area for each additional person occupying
such room.
[1978 Code § 4-4.14]
The licensee shall cause to be posted in every room in every
licensed motel or tourist home, a notice in substantially the following
form:
|
NOTICE
|
|
"The occupancy of this room is limited by an ordinance of the
Township of Sparta to . . . . . persons. Any person or persons violating
the above provision shall be, upon conviction thereof, subject to
a fine of not exceeding $500 or imprisonment for a term not exceeding
90 days or both.
|
|
The filed maximum rates for the rental of this room are as follows:
Single person, $_____ per day; two persons, $_____ per day; each additional
person, under occupancy limit, $_____ per day."
|
[1978 Code § 4-4.15]
It shall be the duty of the Township Police Department to inspect
the licensed premises from time to time at any hour of the day or
night to determine that the provisions of this section are being complied
with.
[1978 Code § 4-4.16]
No licensee shall employ in, or about the licensed premises
any person convicted of a crime involving moral turpitude, and the
licensee shall require every employee to be fingerprinted by the Police
Department of the Township within 36 hours of hiring.
[1978 Code § 4-4.17]
Any license issued under this section may be suspended or revoked
for any violation of this section or for the conviction of any licensee,
or of any stockholder holding 5% or more of the stock of any corporate
license, or any director or officer thereof, of a crime involving
moral turpitude, after due notice of the charges and the hearing before
the Township Council, at which time the licensee shall be afforded
full opportunity to be heard.
[New]
No licensee shall permit any guest(s) or occupant(s) to lease, rent or otherwise occupy or utilize a room or rooms within the tourist home or motel for a period of time greater than 30 consecutive days. Failure to comply with this section may subject the owner to suspension or revocation provisions provided in Subsection 4-7.17.
[1978 Code § 4-4.18; New]
[1978 Code § 26-1; Ord. No. 787; Ord. No. 807]
This section shall be known and may be cited as "Alarm System
Regulations of the Township of Sparta."
[1978 Code § 26-2; Ord. No. 787; Ord. No. 807]
The purpose of this section is to establish standards and regulations
concerning the installation, operation and maintenance of certain
alarm systems within the Township.
[1978 Code § 26-4; Ord. No. 787; Ord. No. 807]
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 Department.
Shall mean any device employed to call attention to or provide
warning of intrusion by any person or by fire, smoke, flood or other
peril, whether the same provides a visual or audio response, alarm
or warning.
Shall mean an alarm system which when actuated emits a sound
which can be heard beyond the boundaries of the premises on which
it is located.
Shall mean an alarm system that transmits the alarm to an
alarm processing center which then calls to dispatch the Police or
Fire Department.
Shall mean that type of automatic telephone dialing service
using the telephone system to transmit an alarm of intrusion, fire,
smoke, flood or other peril to the Police Department or any third
party.
Shall mean an alarm device which has a direct line to the
Police Department alarm console.
Shall mean any alarm or signal of an alarm actuated by inadvertence,
negligence, intentional or unintentional act of a person other than
an intruder, and including alarms caused by mechanical failure, malfunction
or improper installation of the alarm system and related equipment.
"False alarms" shall not include activations caused by power or phone
line interruptions, where such interruptions have been reported to
the Police Department.
Shall mean any alarm device other than a direct dial alarm,
which when activated produces an external emergency signal.
Shall mean any individual, person, firm, association, partnership,
corporation, organization or club.
Shall mean any person who operates, owns or leases an alarm
system within the scope of this section, who has been issued a registration
permit to operate and maintain such alarm system.
[1978 Code § 26-3; Ord. No. 787; Ord. No. 807; Ord. No. 01-23 § 1; Ord. No. 08-24 § 1]
a.
Any person who operates, owns or leases an alarm system in the Township
shall file a registration permit annually. The registration permit
shall contain the location of the alarm system, the name, address
and telephone number of the installer or person currently servicing
or maintaining the alarm system, the alarm function (fire, burglary,
panic, etc.); whether audible or silent; reporting method, if any
(central station alarm, dial alarm, direct alarm, local alarm, etc.);
the type of alarm system, information relating to false alarms and
testing procedures, a list of names and addresses and telephone numbers
of persons to be contacted in the event of an alarm, who must be able
to respond within 1/2 hour when needed at the alarm installation site,
and such other information as may be required by the Police Department.
b.
The Police Department shall issue a registration permit to any person
who operates, owns or leases an alarm system, if the Police Department
is satisfied that the registration information is complete and the
alarm system is capable of being operated in conformance with this
section. The registration permit may be granted subject to any special
conditions stated thereon, if this is deemed necessary by the Police
Department.
c.
A registration permit shall be valid only for the calendar year in
which it is issued, provided that all required amendments thereto
have been filed. A registration permit shall automatically terminate
upon a change in occupancy for the premises for which the permit was
issued.
d.
Any permit granted hereunder shall be accepted upon the express condition
that the registrant shall indemnify and hold the Township harmless
from and on account of any and all damages arising out of the activities
of the registrant, its alarm contractor, and the contractor of the
alarm console licensee of the Township.
e.
A fee of $25 shall be paid when filing for a registration permit.
The permit application shall be submitted no later than January 31
of each year or within 30 days of installation of the system. A late
fee of $5 per month shall be incurred.
f.
A fee of $25 shall be paid to the Township for any alarm not registered
as required by this section.
[1978 Code § 26-5; Ord. No. 787; Ord. No. 807]
The provisions of this section shall apply to any person who
owns, operates, leases or maintains any alarm system situated in the
Township if the alarm system has an audible signaling device or a
device which requires a response by the Police Department, Fire Department,
Emergency Squad or other Township agency. The provisions of this section
shall in no way prohibit service by a private source to persons within
or without the Township, so long as such activity is not in violation
of this section, and provided further that any person owning, operating,
leasing or maintaining a premises protected by an alarm system shall
be responsible for the registration thereof in accordance with this
section.
[1978 Code § 26-6; Ord. No. 787; Ord. No. 807]
Any connection to the Police alarm console shall be of a type
inspected and approved by the Chief of Police or his designated representative.
[1978 Code § 26-7; Ord. No. 787; Ord. No. 807]
All components of an alarm system shall be maintained in good
repair and shall operate in a proper manner. When evidence exists
that there has been failure to comply with the maintenance and operation
requirements of this section, the Police Department shall then be
authorized to demand that such alarm system be disconnected until
such time as compliance with the provisions of this section has been
established. The Police Department shall have the right to disconnect
any malfunctioning equipment from any alarm system until such time
as the malfunction has been corrected and the alarm system is operating
in accordance with the provisions of this section.
[1978 Code § 26-8; Ord. No. 787; Ord. No. 807]
All audible signaling devices for private residence shall be
equipped with a timing device to limit the sounding of the signaling
device to 15 minutes or less, except for audible fire alarms, which
shall have no time limit. Audible devices for commercial establishments
shall be limited to 30 minutes or less, except for audible fire alarms
which shall have no time limits. Audible alarms for schools, hospitals
and hotels shall have no time limits. Any person owning, operating,
leasing or maintaining such an alarm device shall make available to
the Police Department the names, addresses and telephone numbers of
people who can be called to respond to assist the Police Department
in gaining entrance to the premises and securing the premises upon
completion of the security check and/or defeating the alarm mechanism
if it is malfunctioning, so that it does not create an annoyance to
people living within the sound of the audible alarm. These people
chosen to respond shall be able to respond within 30 minutes. More
than one person shall be made available so that someone will be available
to respond at all times.
[1978 Code § 26-9; Ord. No. 787; Ord. No. 807]
a.
In case of false alarm or of improper maintenance or operation of
an alarm system, any person having knowledge thereof shall immediately
notify the Police Department. The Police Department shall cause an
investigation to be made of all false alarms and of all improper maintenance
or operation of alarm systems and shall keep a record of such false
alarms on file. For such alarms, the following penalties shall prevail:
1.
For the first and second false alarm in the same calendar year, a
warning will be issued.
2.
For the third and fourth false alarm in the same calendar year, a
service fee of $25 per false alarm shall be paid to the Township.
3.
For the fifth or all subsequent false alarms in the same calendar
year, a service fee of $50 per false alarm shall be paid to the Township.
b.
Where the investigation of the Police Department discloses a continued
disregard by the owner for taking remedial steps for avoiding false
alarms or for continued failure to maintain or operate an alarm system,
the Police Department shall have the right to require disconnection
of the alarm system for a limited or permanent time, giving the owner
an opportunity to show cause to the Police Department why such action
should not be taken. A person aggrieved by the decision of the Police
Department shall have the right to appeal the decision to the Township
Manager within 10 days of the decision.
[1978 Code § 4-5.1]
No person shall carry on or conduct the business of transporting
passengers in the Township by means of taxi, automobiles, cab or autobus,
or other vehicles within the Township without having first obtained
a license from the Municipal Clerk.
[1978 Code § 4-5.3; § 8-7; Ord. No. 521; Ord. No. 01-22 § 1; Ord. No. 02-19 § 1; Ord. No. 04-15]
The Municipal Clerk is hereby authorized to issue a license
for any vehicles to be used in accordance with the terms hereof, upon
the payment by the applicant of the initial application fee of $1,000
plus the fee of $30 per vehicle. The annual application fee after
the initial application shall be $100 plus the fee of $30 per vehicle.
|
License revocation hearing fee
|
$100
|
|
License reinstatement fee after revocation
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$100
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[1978 Code § 4-5.4]
Every such license shall remain in force and be valid only for
the time therein expressed and shall apply only to the person to whom
granted for the designated vehicle and shall not be transferable.
[1978 Code § 4-5.5]
Any person or persons to whom such license is granted is hereby
required to exhibit such license whenever called upon to do so.
[Ord. No. 01-22 § 2; Ord. No. 02-19 § 2]
a.
A license shall not be granted to any person unless an application
has been submitted to the Township Council. An applicant shall be
thoroughly investigated by the Township Police Department and shall
be fingerprinted and photographed. Part of the investigation shall
include a determination whether any criminal or motor vehicle violations
exist. A complete report of the investigation shall be submitted to
the Township Council for its action.
1.
If, as a result of the investigation by the Police Department, the
applicant's character or driving record is found to be unsatisfactory,
the Police Department shall endorse on such application their disapproval
and their reasons therefor.
2.
If, as a result of such investigation, the applicant is found to
be satisfactory, the Police shall endorse their approval.
b.
In the event of denial, the Township Council shall instruct the Township
Clerk to notify the applicant, by certified mail, setting forth the
reasons for denial. Within seven days thereafter, the applicant may
file with the Township Council a written request for a hearing on
the application, together with written exceptions to the findings
of fact upon which the Township Police base their investigative report.
Upon the filing of such a request, the Township Council shall fix
the time and place for a hearing and shall notify the applicant thereof,
which hearing shall be held within 30 days after the request is filed.
Within 10 days after the conclusion of the hearing, the Township Council
shall make its final decision whether to issue the license or sustain
the denial of the application.
c.
The applicant shall pay a fee of $25 for the Division of State Police
Bureau of Identification history check as well as any other fees that
may be required by the State of New Jersey in accordance with N.J.S.A.
53:1-20.6A.
[Ord. No. 01-22 § 2]
An applicant for a taxicab license shall be the owner or owner's
agent and must be at least 18 years of age. All applicants for licenses
under the provisions of this section shall be of good moral character.
[Ord. No. 01-22 § 2; Ord. No. 02-19 § 3; Ord. No.
04-15]
a.
Application Contents. An application for an initial license or renewal
of an existing license shall be made to the Township Clerk upon forms
provided by the Township Clerk and shall contain the following information:
1.
The name and address of applicant's principal place of business
and if a business entity, such as a partnership, corporation or LLC,
the name and address of the registered agent.
2.
A statement as to whether the applicant has ever been convicted of
violating any criminal or quasi-criminal statute, including traffic
laws and municipal ordinances. If the applicant has been convicted,
a statement as to the date and place of conviction, the nature of
the offense and the punishment imposed.
3.
A description of the taxicab(s) sought to be licensed, including
the type of motor vehicle, the name of the manufacturer, the serial
number, license number and seating capacity.
4.
Proof that the taxicabs have current New Jersey State Department
of Motor Vehicle registrations and inspections.
5.
The previous experience of the applicant in the transportation of
passengers for hire, including the name of any other state or municipality
where the applicant has ever been licensed to operate a taxicab. A
list of all drivers complete names and their New Jersey Drivers License
Number.
6.
Whether applicant's license was ever suspended or revoked or
application for issuance or renewal of a license denied and the reasons
for the denial, suspension or revocation.
7.
All applications shall be verified by oath or affirmation attesting
to the truth and accuracy of all information contained in the information.
b.
License Approval. Upon submission of a complete application and completion of the investigation and fingerprinting provided for in Subsection 4-16.5, the application shall be submitted to the Township Council for review. A license shall not be issued or held by any person who is not a citizen of a good moral character, nor shall such license be issued to or held by a corporation other than one organized or existing under the laws of the State of New Jersey and maintaining a facility in the Township of Sparta. Prior to denying a license, the applicant shall be entitled to a hearing before the Township Council. The applicant may be represented by an attorney at such hearing.
[Ord. No. 01-22 § 2; Ord. No. 02-19 § 4]
a.
Licenses shall be numbered consecutively and shall be valid from the date of issuance until December 31 of the year of issuance, or shall expire at such time as the insurance policy required in Subsection 4-16.9 expires, lapses or is canceled, whichever occurs first. Licenses not suspended or revoked may be renewed annually upon submission of a renewal application as provided in Subsection 4-16.7, subject to all of the same terms, conditions, provision and charges as required for the original license. Every license shall contain the following:
b.
Every
license shall also include the character and description of the vehicle.
The Township Clerk shall keep a register of all licenses granted,
which register shall contain the details required by this subsection.
[Ord. No. 01-22 § 2; Ord. No. 02-19 § 5]
a.
No license
shall be issued unless the applicant has filed an insurance policy
with the Township Clerk in accordance with the requirements of N.J.S.A.
48:16-3. The insurance must be paid in full for the calendar year
and proof of payment must be supplied to the Township. At the time
the application is filed the applicant shall attach a written statement
from the applicant's insurance company, whereby the insurance company
agrees to provide notice of any cancellation or lapse or the insurance
coverage to the Township.
b.
Failure to Maintain Insurance. In the event a license is revoked by the Township twice within a twelve (12) month period for failure to maintain insurance, the license shall be revoked, after a hearing as provided for in Subsection 4-16.13, and shall not be reinstated until the applicant provides proof that the insurance has been restored and the insurance premium is paid in full through December 31 of the current calendar year.
[Ord. No. 01-22 § 2]
The owner of the taxicab shall execute and deliver to the Township
Clerk a power of attorney, wherein and whereby the owner shall appoint
the Chief Fiscal Officer of the municipality as the true and lawful
attorney for the purpose of acknowledging service of any process,
out of a court of competent jurisdiction, to be served against the
insured by virtue of the indemnity granted under the insurance policy
or bond filed pursuant to N.J.S.A. 48:16-3 and 48:16-4.
[Ord. No. 01-22 § 2]
No owner or operator of any taxicab, while waiting for employment
at any place other than the garage or residence of the owner thereof,
shall refuse conveyance to any person without just cause.
[Ord. No. 01-22 § 2]
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction, be subject to a fine not to
exceed $1,000 and/or a term of imprisonment not to exceed 90 days
and/or a term of community service not to exceed 90 days.
[Ord. No. 02-19 § 6]
Licenses issued under this chapter may be revoked or suspended by the Governing Body after notice and hearing, whenever it shall appear that the licensee has failed to furnish or keep in force the insurance policy or bond and power of attorney required by N.J.S.A. 48:16-1 et seq. or fails to comply with any terms and conditions imposed by the Township or any State law. The licensee shall pay a hearing fee to cover the costs of the Township attorney's participation in the hearing as provided for in Subsection 4-16.2.
[Ord. No. 02-19 § 7]
a.
The Township Manager is authorized and empowered to establish reasonable
rules and regulations for the inspection of taxicabs, in conjunction
with the Sparta Police Department, including requirements as to the
fitness for the safe and adequate transportation of passengers and
the general cleanliness of the taxicabs.
b.
Every person operating a taxicab who is transporting a child under
the age of five years of age on roadways, streets or highways of the
Township shall be responsible for the protection of the child by properly
using a child passenger restraint system that complies with Federal
safety requirements. The operator shall also comply with any other
statutes or regulations concerning the transportation of children
in motor vehicles in general.
[1]
Editor's Note: Prior ordinance history: Ordinance No.
04-18.
[Ord. No. 2016-08]
The purpose of this section is to regulate the placement of
portable advertisement signs in the interest of public safety and
for the visual aesthetics of the commercial districts in the Township.
The Township Council recognizes the benefit of promoting local businesses
by permitting portable advertisement signs in locations approved by
the Sparta Township Planning Board Subcommittee.
[Ord. No. 2016-08]
As used in this section:
Shall mean a temporary portable sign for the purpose of advertising specials for retail sales and retail service uses in commercial zoning districts. The three designated sign prototypes set forth in Subsection 4-17.7 below shall be the only signs used consistent with the standards specified in this section.
As defined in the Sparta Township Land Management Code shall
be the approving authority for the location of portable advertisement
signs consistent with the standards set forth in this section.
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Definitions of the Sparta Township Land Management Code shall
apply as required.
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[Ord. No. 2016-08]
A license shall be required for any portable advertisement sign
to be placed outside or placed on a wall on any commercial zoned property.
[Ord. No. 2016-08]
Any business desiring a license under this section shall submit
a Site Plan Waiver Application to the Planning Department for approval
by the Sparta Township Planning Board Site Plan Subcommittee. The
following information shall be required.
a.
Name of business;
b.
Type of use;
c.
Address of property;
d.
Block and lot;
e.
Zone district;
f.
Applicant's name;
g.
Mailing address, telephone and fax number;
h.
Property owner's signature approving the submission of the application;
i.
Mailing address of property owner and telephone number;
j.
Property survey indicating the location of the portable advertisement
sign or signs;
k.
A hold harmless and indemnification agreement signed by the applicant
indemnifying the Township of Sparta.
[Ord. No. 2016-08]
The license is renewable every year on June 15 for a fee of
$25.
[Ord. No. 2016-08]
The following regulations shall apply to all portable advertisement
signs:
a.
Portable advertisement sign locations are prohibited in the public
right-of-way or sight triangle of any public street or driveway entrance.
b.
A portable advertisement sign may only be approved for the property
on which the business is located.
c.
Portable advertisement sign locations may not cause a traffic hazard
by blocking the path and the visibility.
d.
Portable advertisement sign locations may not block the free flow
of pedestrian traffic on a sidewalk.
e.
One portable advertisement sign is permitted per lot, except in a
multi-tenanted building a second location can be approved by the Site
Plan Waiver Committee if the signs are separated by a minimum of 40
feet.
f.
The portable advertisement sign may be placed displaying both sides
or one side including being attached to a building facade.
g.
A portable advertisement sign shall not obscure, conflict with, or
cover any architectural detail (i.e. cornice). A wall sign must be
aligned with major building elements, such as windows, trim and building
lines.
h.
A portable advertisement sign size shall not exceed 27 inches by
48 inches.
i.
A portable advertisement sign shall be the same or similar to the
drawings included in this section.
j.
Portable advertisement signs may only be displayed during business
hours and must be stored in a location not visible to the public including
signs temporarily affixed to a building. The entire sign including
the frame must be removable.
k.
The frame and base of the sign must be weighted, must be made of
weather proof material, and must be one of the three prototypes shown
below:
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27 inches wide
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27 inches wide
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l.
The colors for the sign frame or border shall include: white, maroon,
green, black or wood.
[Ord. No. 2016-08]
This section is enforceable by the Zoning Officer. Any portable
advertisement sign found in violation will be subject to a fine of
up to a $50 fine for the first offense, up to $75 for the second offense,
and up to $200 for each subsequent offense.
[Ord. No. 2018-06 § 1]
No person or entity shall offer or expose for sale, sell, distribute,
possess, use or explode any fireworks or pyrotechnics or any devices
in which explosives are used for fireworks or pyrotechnics except
under the provisions of N.J.S.A. § 21:3-1 to § 21:3-9,
as amended, as relates to public displays.
[Ord. No. 2018-06 § 1]
In accordance with N.J.S.A. § 21:3-3 and § 21:3-4,
in addition to all State permits and requirements set forth therein,
a permit must be obtained from the Township Council for any fireworks
display to be conducted within the Township. The permit shall be issued
providing all conditions of N.J.S.A. § 21:3-3 to § 21:3-9
are complied with by the applicant, including posting of the required
bond.
[Ord. No. 2018-06 § 1]
a.
The permit fee for a fireworks display is $600.
b.
$500 of this permit fee shall be specifically dedicated by the Township
to an account for maintenance and/or capital improvements of Fire
Department vehicles and equipment.
c.
Noncompliance with this section shall result in a violation of N.J.S.A.
§ 21:3-8.
