[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 54-7, 78-45 and 83-8.
[Ord. #07-004, S 1]
Shall mean any person, entity or organization that is qualified under state or federal law as a tax-exempt, nonprofit organization or any person, organization or group that espouses or advocates a position or belief on any subject or political interest or on behalf of any candidate for public office.
Shall include the actions of any person, entity or organization engaged in religious proselytizing, anonymous political speech or the distribution of religious or political handbills, circulars or calling upon persons, or to elicit or determine opinions, feelings, sentiments or information related to such charitable, religious, educational or political purpose, whether door-to-door or street-to-street, whether or not such persons, entities, or organizations seek or accept contributions or donations to such religious, charitable, educational or political organization or purpose.
Shall mean and include any person, entity or organization traveling either by foot, wagon, motor vehicle or any other conveyance from place to place, from door-to-door or from street-to-street, or standing upon public property or a public right-of-way, or within any parking lot open to the public, taking or attempting to take orders for the sale of goods, wares, merchandise, personal property of any nature whatsoever for future or present delivery or for services to be performed and whether or not the person carries a sample of the subject of the sale, and with or without accepting advanced payment for the goods or services or whether such goods or services are conferred at no cost; and shall also include any person who goes from door-to-door or street-to-street taking a poll or survey for commercial purposes; and shall also include the placement or distribution upon public or private property of handbills or other written material advertising goods or services.
[Ord. #07-004, S 1; amended 12-2-2019 by Ord. No. 2019-012]
The purpose of this section is to prevent fraud, crime and unethical and dishonest business practices, and for the general protection of privacy interests and health and welfare of the residents of the Township. To fulfill this purpose, this section requires the permitting of any person and/or organization who shall sell or solicit for the sale of goods or services within the Township from one or more temporary locations in zone districts which permit retail sales as a permitted use, or where otherwise permitted by law or variance, or by going from door to door or place to place.
[Ord. #07-004, S 1]
a.
Permit Required. It shall be unlawful for any person or organization to engage in commercial solicitation, canvassing or peddling in the Township of Bedminster without first having obtained a permit, as described herein. Permits are personal and nontransferable, and regardless of the number of persons associated with a particular organization wishing to conduct commercial solicitation, canvassing and peddling in the Township, each person shall be required to apply for and obtain an individual permit.
b.
Application. Any person desiring a permit for commercial solicitation, canvassing or peddling in the Township shall file an application with the Chief of Police, or his/her designee, of the Township Police Department during normal business hours, along with the payment of $100 nonrefundable application fee, made payable to the Township of Bedminster. The applicant will follow current fingerprinting procedures as determined by the New Jersey State Police, and as set forth herein. The application shall include the following:
[Amended 12-2-2019 by Ord. No. 2019-012]
1.
Name, age and two passport-style photographs of the applicant; one photograph shall be maintained with the application and the other shall be attached to the permit, if issued;
2.
Complete permanent home address and phone number of the applicant;
3.
Official name, registered address, phone number, and state of incorporation or formation of the firm, partnership, organization, or business, represented, if applicable;
4.
Length of time for which the permit is desired, including the days of the week and the hours of the day within which the activity is to be conducted;
5.
Description of the nature of the business and the goods, services or wares to be sold or offered for sale;
6.
If the permitted activity is to be carried on at a fixed location, the address and full description of the premises;
7.
A statement as to whether or not the applicant is under investigation, has been arrested and/or convicted of a crime, misdemeanor, disorderly conduct offense, or petty disorderly persons offense, and a list of the number of any such arrests and/or convictions, where and when so arrested and/or convicted, the nature of the offense, and the penalty, if any;
8.
Identification of any and all municipalities in which the applicant has either obtained or been denied a solicitation, canvassing, or peddling permit or license within the preceding twelve months;
9.
The proposed method of delivery of goods or merchandise offered for sale or order; if a vehicle is to be used, provide its description, including the make, model, year, color and license plate number of any and all vehicles and/or conveyances to be used by the applicant during the period of solicitation, canvassing or peddling within the Township; provide the name and address of the insurance carrier and insurance policy number with respect to each such vehicle or conveyance; and provide copies of the driver's license number and state of issuance of the applicant, and the vehicle's registration;
10.
When applicable, a statement from the individual, partnership or corporation for which he or she purports to work authorizing the applicant to act as a representative;
11.
Three business references located in the County of Somerset, State of New Jersey, or in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility; and
12.
Each applicant shall be subject to a criminal history record background check. The Chief of Police shall accept, for the purposes of licensing a person as a canvasser, peddler, or solicitor, the results of a criminal history record background check of state records conducted within the previous six months indicating no disqualifying information which was required for that person to be licensed in another municipality as a canvasser, peddler, or solicitor; which is authorized by Somerset County Prosecutor's Office, County General Order, Volume 9, Chapter 4, dated February 7, 2019, and N.J.S.A. 53:1-20.38. Each applicant shall further provide a statement, to be signed by the applicant, consenting to the Township's obtaining copies of the applicant's driving record, criminal record, disorderly persons offense record, ordinance violation records, law enforcement contact and investigative reports from the official public agency which maintains such records to aid in the investigation. If fingerprinting is required, the applicant will be responsible for the additional administrative costs for such fingerprinting as set forth in § 4-1.3b.
(a)
Confidentiality. The criminal history record background check and fingerprinting procedure set forth in this chapter will be conducted, to the extent possible, in a manner intended to preserve the privacy of all parties.
c.
Award or Denial of Application.
[Amended 12-16-2019 by Ord. No. 2019-013]
1.
After due investigation based upon the information provided in the application, and any background check of the individual and/or organization conducted, the Chief of Police, or his/her designee, shall grant or deny the permit for commercial solicitation, canvassing or peddling within a reasonable time after the complete application has been filed.
2.
If the Chief of Police finds the character or business responsibility of the applicant or any organization for which the applicant is representing is unsatisfactory constituting a disqualifying event under this section, the Chief of Police shall deny the permit application, setting forth the reasons therefor, and returning same to the applicant. The Chief of Police shall disapprove an application if based on one or more of the following findings with respect to the applicant and/or organization:
(a)
Conviction of any indictable crime in New Jersey; or in any other state or jurisdiction, for conduct which, if committed in New Jersey, would constitute an indictable crime.
(b)
Conviction of a disorderly persons offense or a petty disorderly persons offense, whether in municipal or State Court.
(c)
Prior violation of a solicitation, canvassing or peddling ordinance in the Township or any other jurisdiction in New Jersey.
(d)
Previous fraudulent acts or conduct.
(e)
Records of fraudulent acts, misrepresentations or false statements by the applicant and/or organization for which the applicant is representing.
(f)
Fraud, misrepresentations or false statements contained in the permit application.
(g)
Any arrest where charges have not been adjudicated involving a violation of a crime or offense that would be subject to a denial herein, the Chief of Police may hold the application pending the adjudication of the charges.
(h)
An applicant may be denied when there is an apparent pattern of arrests for charges listed in the subsections above without convictions, where after a review of the official records and reports of the incident(s), it is reasonably believed that the applicant most likely continually commits these offenses.
(i)
An applicant has an active arrest warrant or failure to appear status in connection with a criminal complaint.
(j)
Failure to return an expired permit previously issued pursuant to this section.
3.
If the Chief of Police finds the character or business responsibility of the applicant or any organization for which the applicant is representing is satisfactory, being absent of any such finding set forth above, the Chief of Police, or his/her designee, shall issue the permit to the applicant, which permit shall specify the period in which the permit will be effective.
d.
Notification of Disqualifying Event; Appeal of Determination. If the Chief of Police finds the application is unsatisfactory with a disqualifying event, the Chief of Police, or his/her designee, shall notify the applicant, in writing, of the determination within five days.
[Added 12-16-2019 by Ord. No. 2019-013[1]]
1.
Within 10 days of the applicant having been formally notified, in writing, that the Chief of Police has made a determination that any event contained in the application investigation is a disqualifying event, the applicant shall have the right to appeal in writing to the Township Committee for review of the determination of the Chief of Police.
2.
The applicant shall be entitled to a hearing before the Township Committee and shall be entitled to provide information stating why the event in the application investigation should not be considered a disqualifying event.
3.
Once an appeal is made, the Township Committee shall review the file, the circumstances surrounding the application investigation and any statement or information provided by the applicant and shall make a final determination within 21 days of the public hearing as to whether an event on the application investigation constitutes a disqualifying event. The Township Committee may affirm, modify or reverse the decision of the Chief of Police and shall set forth its final determination in a resolution granting, modifying or denying the license.
e.
Permit Requirements.
1.
The permittee shall carry the permit and exhibit it to any police officer or other person upon request.
2.
[2]The permittee shall be courteous and respectful to all persons in conducting the commercial solicitation, canvassing and peddling, and shall not importune or annoy any of the inhabitants of the Township and shall conduct himself or herself in a lawful manner.
[2]
Editor's Note: Former Subsection e2, regarding the No Solicitation List, was repealed 12-2-2019 by Ord. No. 2019-012. This ordinance also redesignated former Subsection e3 as Subsection e2.
f.
Revocation of Permit. Any permit granted as herein provided may be revoked by the chief of police, or his/her designee, for the following causes:
1.
Fraud, misrepresentations or false statements contained in the permit application which may have arose or become apparent after the granting of the permit.
[Amended 12-2-2019 by Ord. No. 2019-012]
2.
Fraud, misrepresentations or false statements made in the course of carrying out activities pursuant to the permit.
3.
If it is found that the permittee is part of an ongoing criminal investigation, or has prior convictions for a crime, disorderly persons offense, or petty disorderly persons offense involving fraud, dishonesty or moral turpitude.
4.
The permittee is convicted of a crime, disorderly persons offense, or petty disorderly persons offense during the term of the permit.
5.
The failure on the part of the permittee to observe the provisions of all ordinances of the Township.
6.
Conducting the activities pursuant to the permit in a manner as to constitute a breach of the peace or constitute a menace or disturbance to the residents of the Township.
7.
Permitting any person, other than the permittee, to use or present his/her permit issued pursuant to this section.
Notice of revocation shall be personally communicated to the permittee, in person or via telephone, and written notice to be sent to the address listed on the application via first class mail, and thereafter it shall be unlawful for him/her or any of his/her employees or agents to conduct any of the activities pursuant to the permit. [Amended 12-2-2019 by Ord. No. 2019-012] |
g.
Expiration. Unless granted for a specific period of time, all permits issued herein shall be valid for a period of 30 days, unless revoked sooner pursuant to the terms herein; however, all permits shall expire at 12:00 midnight, prevailing time, on December 31 of the year of issue. A new application and investigation shall be required for each new permit issued. Upon the expiration of the permit, the holder thereof shall surrender it to the officer in charge at police headquarters and may apply for a new permit.
[Amended 12-2-2019 by Ord. No. 2019-012]
h.
Exceptions. The provisions of Subsection 4-1.3, including the permit requirements and application procedures for commercial solicitation, canvassing and peddling shall not apply to:
1.
All charitable and political solicitation or canvassing as defined herein.
2.
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons ordering or otherwise entitled to receive same; nor shall it affect any established, any local business or local resident who is representing same.
3.
Any person holding a solicitation or peddling license or permit issued by the United States government or by the State of New Jersey pursuant to law. This includes the provisions of N.J.S.A. 45:24-9 and -10.
5.
Any person engaged in campaigning for any elected public office or public question which is to be voted upon in the Township at a general, special, primary, or school board election; nor shall this apply to the distribution of circulars or advertising with respect thereto.
6.
Federal census-taking and surveys taken pursuant to federal, state or local laws.
7.
Any public utility, or its employees, which is subject to regulation of the State Board of Public Utility Commissioners, such as, by way of example, JCP&L, PSE&G, NJAW, or Verizon; provided, however, that such employees shall display the identification badge or card issued by the employer, and such activities are conducted on behalf of the public utility.
[Amended 12-2-2019 by Ord. No. 2019-012]
8.
Children enrolled in public or private elementary, secondary and high schools, including such children peddling or soliciting for schools, school clubs and organizations, Cub Scouts, Boy Scouts, Girl Scouts, Brownies, and other similar youth groups, and including such children engaged in "trick-or-treating" on Halloween or at other times permitted by the Township.
[Amended 12-2-2019 by Ord. No. 2019-012]
9.
Any person engaged in the solicitation of funds for a Bedminster Township fire company, first aid squad, or police benevolent association.
10.
Garage sales conducted by homeowners at their place of residence, subject to the following conditions and limitations:
[Added 12-2-2019 by Ord. No. 2019-012]
(a)
Garage sales may be conducted only during daylight hours.
(b)
No more than two garage sales per year may be conducted on the same residential property.
(c)
A garage sale may not exceed 72 hours in duration.
(d)
The use of motor vehicles for the storage or display of merchandise being sold at the garage sale is prohibited.
(e)
Garage sales shall not include the sale by a homeowner of goods acquired by the homeowner solely with a view toward resale or goods not normally associated with the ownership and use of residential property.
(f)
Garage sales which do not meet the requirements herein are prohibited.
11.
Any sale required by New Jersey statute or by order of any court of competent jurisdiction.
[Added 12-2-2019 by Ord. No. 2019-012]
[Ord. #07-004, S 1]
The following time, place and manner restrictions apply to all solicitation, canvassing and peddling within the Township of Bedminster, including commercial solicitation, canvassing or peddling, charitable and political solicitation or canvassing, and other licensed or unlicensed solicitor, canvasser or peddler, as defined herein:
a.
No solicitation, canvassing or peddling shall extend beyond the permitted timeframe of 9:00 a.m. to 9:00 p.m. Monday through Sunday.
b.
For commercial solicitation, canvassing and peddling only, no solicitor, canvasser or peddler shall enter or attempt to enter upon any private property upon which the property owner has posted a sign which reads "No Solicitation" in a location which is reasonably visible to persons who intend to enter upon such property.
[Amended 12-2-2019 by Ord. No. 2019-012]
c.
On private property, all merchandise, circulars, printed materials, samples, handbills or other matters shall be handed to an occupant of the property or secured on the premises in such a manner to prevent such items from blowing or drifting about the premises. The securing of any such items upon a vehicle or United States mail receptacle is prohibited. Nothing herein shall apply to the distribution of mail by the United States or a registered delivery service.
d.
On public property, all merchandise, circulars, printed materials, samples, handbills or other matters shall only be handed or distributed to persons willing to accept such items. There shall be no littering of public streets, public places or other property within the Township.
e.
No merchandise, circulars, printed materials, samples, handbills or other matters shall be left in or on any vehicle, whether located on public or private property.
f.
No sign, poster, or other paper or device designed to attract the attention of the public shall be permanently placed, posted or affixed by any person within any public right-of-way, including, but not limited to, lampposts, utility poles, shade trees, and buildings within the Township of Bedminster. Additionally, no such items shall be permanently placed, posted or affixed on any property owned by the Township of Bedminster, County of Somerset, or State of New Jersey, unless authorization is received from the Township Committee of the Township of Bedminster, and the appropriate county or state officials, if applicable. This prohibition does not apply to the placement of signs by or on behalf of the State of New Jersey or any political subdivision thereof, or the placement of temporary signs as authorized pursuant to Bedminster Township ordinances.
g.
No solicitor, canvasser or peddler shall enter or attempt to enter the house or apartment of any residence in the Township without the express invitation from the occupant of the house or apartment.
h.
No solicitor, canvasser or peddler shall refuse to leave a private dwelling or property after having been once requested to do so by the owner or occupant thereof.
i.
No solicitor, canvasser or peddler shall have exclusive right to any location on public property, unless prior approval is obtained from the Township Committee of the Township of Bedminster, or other appropriate governmental authority.
j.
There shall be no distribution of obscene merchandise or printed material, or material that advocates unlawful conduct.
k.
The station, place, set up or maintaining of any cart, wagon, motor vehicle or other conveyance shall not:
1.
Restrict, obstruct, interfere with or impede any right-of-way, including sidewalks and roadways;
2.
Create or become a nuisance;
3.
Increase traffic congestion, cause or increase traffic delay or hazard;
4.
Leave such unattended at any time or place or leave same overnight on a public right-of-way; and
5.
Cause or create or constitute a danger to life, health or property.
l.
No selling of food, drinks, ice cream, confections or other items for immediate consumption without having first received any permit or license required by the Township or the Board of Health for food handling.
m.
All solicitors, canvassers or peddlers shall abide by the ordinances and laws of the Township of Bedminster, County of Somerset and State of New Jersey.
[Ord. #07-004, S 1]
a.
Any person or organization conducting commercial solicitation, canvassing or peddling, as defined in this section, without first obtaining a permit as required herein, and/or violating any of the provisions of this section, shall be subject to the revocation of the permit, if applicable, in addition to a fine or imprisonment, or both, up to the maximum amount permitted by § 1-5. Each and every act of solicitation, peddling or canvassing without a permit shall constitute a separate violation of the section.
b.
Any person violating the provisions of this section, whether as principal, agent or employee of another, whether conducting commercial solicitation, canvassing and peddling, or charitable or political solicitation or canvassing, shall be subject to a fine or imprisonment, or both, up to a maximum amount permitted by § 1-5. Each and every act of solicitation, peddling or canvassing in violation of the provisions of this section shall constitute a separate violation of the section.
c.
The Township Police Department shall be charged with the responsibility of enforcing the provisions of this section.
[1]
Editor's Note: The power to regulate the removal of motor vehicles from private or public property by operators engaged in such practice is contained in N.J.S.A. 40:48-2.49, and the general police power granted by N.J.S.A. 40:48-1.
[Ord. #2011-011]
As used in this section, the following terms shall have the meanings indicated:
Shall mean private property towing and other non-consensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; 15 minutes waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
Shall mean the business office of the towing operator where the towing operator shall conduct business associated with the towing and storage of vehicles.
Shall mean the Chief of the Bedminster Township Police Department or his/her designee.
Shall mean releasing a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck, but prior to the motor vehicle actually having been moved or removed from the property.
Shall include all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
Shall mean the towing of a motor vehicle without the consent of the owner or operator of the vehicle. "Nonconsensual towing" includes towing a motor vehicle when law enforcement orders the vehicle to be towed whether or not the owner or operator consents.
Shall mean an individual, a sole proprietorship, partnership, corporation, limited liability company or any other business entity.
Shall mean a storage facility that is either completely indoors or is surrounded by a fence, wall or other man-made barrier that is at least six feet high and is lighted from dusk to dawn.
Shall mean a space at which motor vehicles that have been towed are stored by the towing operator.
Shall mean the moving or removing from public or private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is damaged as a result of an accident or otherwise disabled, is recovered after being stolen, or is parked illegally or otherwise without authorization, parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations which provide towing services to club or association members shall not be considered a service charge for purposes of this definition.
Shall mean the list maintained by the Township Police Department containing the names of those actively registered towing operators whom have contracted with the Township to provide municipal towing services for the Township.
Shall mean any person in the business of, or offering the services of a towing service whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designated for that purpose.
Shall mean the Township of Bedminster, Somerset County, New Jersey.
Shall mean any device in, upon or by which a person or property is or may be transported upon a highway.
[Ord. #2011-011]
It is the purpose of this section to establish a non-discriminatory method of rotating calls between all registered operators requesting to provide municipal towing services at the request of, on behalf of, or for the Township of Bedminster or its Police Department.
[Ord. #2011-011]
a.
Any towing operator desiring to provide municipal towing services for the Township must file an application with the Township, meeting the requirements of this section, and enter into a contract with the Township.
b.
The Township shall secure a contract with those towing operators who filed applications with the Township and desire to provide municipal towing services for the Township. The contract shall provide for an annual review of the towing operator's services and compliance with this section. The contract shall prohibit subcontracting by the towing operator.
c.
The contract with the Township shall be for a period of three years. At the expiration of the three-year term, in order to continue to provide municipal towing services for the Township, the towing operator shall file a new application, with the required submissions, and enter into a new contract with the Township.
d.
Applications may be submitted to the Township, and contracts may be awarded by the Township at any time. The contract shall not be exclusive, with the Township being able to award contracts to multiple towing operators at any time.
e.
The Township shall have the sole discretion to deny a contract with any towing operator failing to file the requisite application or to meet the requirements of this section. All applications for a contract for the provision of municipal towing services filed with the Township shall be granted or denied by the Township Committee, based upon the recommendation of Chief of the Township Police Department, or his designee, upon review of same.
[Ord. #2011-011]
a.
No person shall be eligible to provide municipal towing services for the Township until it submits an application with the Township.
b.
An application for municipal towing shall be made in writing to the Township Clerk, in the form prescribed by the Township Clerk, and shall be accompanied by a fee of $300.
c.
The applicant shall state the complete street address of the location or locations from which the business of towing shall be conducted, indicating which its principal location is and which is its storage facilities, which shall meet the requirements of Subsection 4-2.11. The applicant shall provide a copy of a valid certificate of occupancy for the storage facility for automobile related uses.
d.
The applicant shall identify and provide a description of its towing vehicles, including vehicle registration number, weight, number of wheels and purpose, with which the applicant intends to provide towing services; and which shall meet the requirements of Subsection 4-2.5. The applicant shall provide copies of the equipment manufacturer's specification for each piece of equipment.
e.
The applicant shall provide the name, address and driver's license number of the applicant and all employees of the applicant that are expected to be involved in the operation of the applicant's vehicular equipment for the towing of motor vehicles. All drivers for the applicant shall be at least 18 years of age and possess a valid New Jersey driver's license for the operation of the towing equipment.
f.
The applicant shall authorize a criminal background check of the applicant and all of its employees and agents, including the obtainment of a New Jersey driver's abstract. The costs associated with obtaining the criminal background checks shall be the responsibility of the applicant, which cost shall be related to the applicant by the Township during the review of the application, and payment shall be made through the Township prior to the award of a contract.
g.
The application shall include a valid original certificate of insurance from an insurer authorized to do business in the state, at the minimum amounts set forth in Subsection 4-2.8.
h.
The applicant shall disclose whether the applicant, or any of its employees or agents, is subject to any of the disqualifications specified in Subsection 4-2.6.
i.
The applicant shall provide written proof of a minimum of five years towing experience.
j.
The applicant shall provide a minimum of three references of the applicant's towing experience.
k.
The applicant shall provide copies of all certifications for its employees as follows:
1.
Each "light duty" driver must obtain a certification for such operation from a nationally recognized organization.
2.
Each "heavy duty" driver must obtain a certification for such operation from a nationally recognized organization.
3.
Each "recovery supervisor" must obtain a certification for such operation from a nationally recognized organization.
l.
The applicant shall furnish any additional information concerning the personnel, vehicles, equipment and storage facilities of the applicant as may be required by the Township Clerk or Chief of the Township Police Department during the review of the application.
m.
If any of the information required in the application changes, or if additional information should be added after the filing of the application, the applicant shall provide that information to the Township Clerk, in writing, within 30 calendar days of the change or addition. Any application to add an additional driver during the contract term shall be accompanied by a fee of $25.
n.
The applicant shall provide a certified statement of the willingness of the towing operator to be available on a 24-hour, seven day per week basis, and to abide by the instructions and directions of the chief of police, his subordinates, and the provisions of this section. Such towing operators shall further provide the telephone number or numbers available on a 24-hour, seven day per week basis, and the names, addresses and New Jersey Motor Vehicle driver's license numbers of all the towing operator's employees.
[Ord. #2011-011]
a.
Any towing operator providing municipal towing services shall have a minimum of four vehicles which meets the minimum standards set forth below:
1.
At least one light duty wrecker with a minimum chassis rating of 15,000 pounds gross vehicle weight, equipped with a hydraulic boom rated for 8,000 pounds, equipped with a hydraulic wheel-lift with 3,000 pounds lift capacity, and equipped with dual hydraulic winches with each having an 8,000 pound capacity, with each winch equipped with 100 feet of three-eighths (3/8) inch wire rope.
2.
At least two flatbed type wreckers with a minimum chassis rating of 25,500 pounds gross vehicle weight, equipped with a minimum 21-foot bed, and equipped with a hydraulic wheel-lift with 3,000 pounds lift capacity.
3.
At least one of the above vehicles must have four-wheel drive.
4.
In addition to foregoing requirements, the towing operator must own a heavy duty wrecker with a minimum chassis rating of 33,000 pounds gross vehicle weight, as well as have a gross vehicle weight registered of 80,000 pounds, equipped with a hydraulic boom rated for a minimum of 35 tons, equipped with a hydraulic under-reach with a minimum 45,000 pounds lift capacity, dual hydraulic winches, and have tandem rear axles.
5.
All vehicles must be equipped with two-way radios, cab mounted amber emergency warning lights (conforming to New Jersey Motor Vehicle law standards and all light permits being obtained), tow sling type bars with rubber straps and/or wheel lift capability with safety straps to prevent damage to towed vehicles, and with steering locks for towing vehicles from the rear.
[Ord. #2011-011]
a.
The Township may deny, suspend or revoke any contract for municipal towing services upon the recommendation of the Chief of the Township Police Department, or upon other proof that the towing operator, or any of its employees or agents:
1.
Has obtained a registration through fraud, deception or misrepresentation;
2.
Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
3.
Has engaged in gross negligence or gross incompetence;
4.
Has engaged in repeated acts of negligence or incompetence;
5.
Has had a towing operation registration or license revoked or suspended by any other state, agency or authority for reasons consistent with this section;
6.
Has violated or failed to comply on more than three occasions with the schedule of tariff or fee regulations herein; or
7.
Has been convicted of:
(b)
Motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or
(c)
Any other crime under Title 2C of the New Jersey Statutes relating adversely to the performance of towing services or the storage of motor vehicles as determined by the Chief of the Township Police Department.
b.
A final refusal to register, or the suspension or revocation of a registration by the Township shall not be made except upon reasonable notice to the applicant, and an opportunity for the applicant to be heard by the Township Committee.
[Ord. #2011-011]
The chief of police is hereby authorized to establish a system of rotation for the assignment of contracted towing operators to provide municipal towing services required pursuant to this section. The rotation system shall be established on a non-discriminatory and nonexclusionary basis. Only towing operators with executed contracts with the Township shall be assigned to the rotation list. A towing operator shall be added to the rotation list at any time upon entering into a contract with the Township pursuant to this section. All new contracted towing operators shall be assigned to the rotation list at the bottom of such list. The rotation list shall be composed so as to permit a reasonable rotation of contracted towing operators. If the towing operator currently on-call under the rotation list cannot respond and provide the required municipal towing service, the Township shall move to the next towing operator on the rotation list. If no towing operator on the rotation list is able to respond and provide the required municipal towing service, the chief of police may deviate from the rotation list and arrange for another towing operator to provide such service.
Notwithstanding the above rotation list, in the interests of public safety, the chief of police, in his/her discretion, taking into account the emergency, safety and location of the situation, may part from the rotation list and call for the closest available towing operator to respond.
[Ord. #2011-011]
In addition to the insurance requirements set forth in N.J.A.C. 45A-31.3, as may be amended from time to time, all towing operators providing municipal towing services must maintain the following insurance policies, naming the Township as an additional insured:
a.
Motor vehicle liability for a tow truck capable of towing a motor vehicle that is up to 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $750,000, single limit; and
b.
Motor vehicle liability for a tow truck capable of towing a motor vehicle that is more than 26,000 pounds, for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of one million ($1,000,000) dollars, single limit.
c.
Garagekeeper's Policy. A garagekeeper's liability policy in the minimum amount of $100,000, and "on-hook" coverage, for each vehicle damaged on a separate claim.
d.
Garage Liability Policy. A garage liability policy covering applicant's business, equipment and vehicles in the minimum amount of $500,000 for any one person injured or killed, and a minimum of one million ($1,000,000) dollars for more than one person killed or injured in any accident and an additional $100,000 for any damage arising from injury or destruction to property, and/or a combined single limit of one million ($1,000,000) dollars. In addition to each policy containing an endorsement showing the Township as an additional insured, such policy shall also provide an endorsement entitling the Township to 30 days' prior written notice to the chief of police in the event of any change in coverage under the policy, or in the event of the cancellation of the policy.
e.
Worker's Compensation Policy. A worker's compensation policy covering all of applicant's employees and operators, containing statutory coverage including liability coverage of at least $500,000 for each accident per person, $500,000 policy aggregate limit per disease, and $500,000 for each disease per person.
f.
Umbrella liability insurance policy in the amount of five million ($5,000,000) dollars.
[Ord. #2011-011]
Any contract entered into by the Township with a registered towing operator pursuant to this section shall include a provision whereupon the registered towing operator assumes all liability and shall indemnify and save the Township, its committees, boards, departments, agents, and employees, harmless from damages or losses sustained by vehicles while being towed, stored or released from towing operator's possession, and from all personal injuries and property damage occurring to any persons, or property, as a result of the performance of the towing operator's services, including, but not limited to, towing, storage, or other such activities relating to the municipal towing services. All responsibility for the release of a stored vehicle shall be on towing operator only.
[Ord. #2011-011]
a.
A towing operator may only charge a fee for those towing and storage services set forth as follows, plus the cost of any materials, parts or fuel, unless otherwise provided for in N.J.A.C. 13:45A-31.4:
Service Provided | ||
|---|---|---|
Basic Tow Fee | Fees (Not to Exceed)Day | Fees (Not to Exceed) Night/Weekend/ Holiday |
Light Duty Rate (less than 10,000 G.V.W.) | Tow: $125 Recovery: $150 (Flat rate per tow) | Tow: $150 Recovery: $200 (Flat rate per tow) |
Medium Duty Rate (10,000 to 32,000 G.V.W.) | Tow: $150 Recovery: $250 (Per hour, per truck) | Tow: $200 Recovery: $350 (Per hour, per truck) |
Heavy Duty Rate (greater than 32,000 G.V.W.) | Tow: $400 Recovery: $450 (Per hour, per truck) | Tow: $450 Recovery: $500 (Per hour, per truck) |
Storage | Fees (Not to Exceed) Outside | Fees (Not to Exceed) Inside |
|---|---|---|
Light Duty | $35 per day | $50 per day |
Medium Duty | $75 per day | $100 per day |
Heavy Duty | $100 per day | $200 per day |
Mileage | $4 per mile from scene or site of tow |
Road Service | $75 per call |
Decoupling Fee | $25 per call |
Clean-up Labor Charge | $50 per hour |
b.
A towing operator may not charge a service fee for towing and storage services, which are ancillary to and shall be included as part of basic towing services, and is not included in the schedule approved by the Township.
c.
A towing operator must accept all forms of payment, such as a debit card, charge card or credit card, for payment in lieu of cash for towing or storage services if the operator ordinarily accepts such payment at his place of business.
d.
A towing operator that engages in private property towing or other nonconsensual towing shall calculate storage fees based upon full 24-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks up the motor vehicle on or before 7:00 p.m. the next day, the towing operator shall only charge the owner of the motor vehicle for one day of storage. If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the towing operator may only charge for two days of storage.
e.
A bill for private property tow or other nonconsensual tow shall include the time at which a towed motor vehicle was delivered to a towing company's storage facility.
f.
Municipal Storage Rates. Storage fees to be charged to or on account of the Township for the storage of Township owned or operated vehicles shall not exceed those fees permitted by N.J.S.A. 40:48-2.50.
[Ord. #2011-011]
a.
The towing operator providing municipal towing services must tow all vehicles to a storage facility meeting the following requirements:
1.
Has a business office open to the public between 8:00 a.m. and 6:00 p.m. at least five days a week, excluding holidays;
2.
Have the ability to provide inside vehicular storage;
3.
Have the ability to store a minimum of six vehicles;
4.
Is safe and secured, such as being completely fenced in;
5.
If it is an outdoor storage facility, lighted from dusk to dawn; and
6.
Is located within 10 driving miles of any Township border.
b.
The towing operator shall provide reasonable accommodations for after-hours release of stored motor vehicles and shall not charge a release fee or other charge for releasing motor vehicles to their owners after normal business hours or on weekends.
[Ord. #2011-011]
All towing operators who have entered into contracts with the Township to provide municipal towing services shall be obligated to comply with the following duties and regulations:
a.
Remove and tow to the designated storage facility all vehicles directed by the chief of police to be removed and towed because such vehicles are, in the chief of police's sole discretion designated as abandoned, illegally parked, disabled, involved in an accident, or to be impounded because of criminal or other investigation. At the sole discretion of the chief of police, taking into consideration safety concerns, the owner or operator of a disabled vehicle may be permitted to arrange for the vehicle to be towed by a towing operator of his/her choice.
b.
Store such vehicles and move such vehicles as directed by chief of police. When not otherwise directed or required by the chief of police, the owner or operator of a disabled vehicle may request that the vehicle by towed to a location other than the designated storage facility. Upon direction of the chief of police, the towing operator shall not release a vehicle towed which is subject to a criminal investigation, including, without limitation, compliance with "John's Law," without prior authorization by the chief of police.
c.
Provide 24 hours, seven day a week service to the Township during the term of the contract.
d.
Not utilize answering machines or answering services when on-call under the rotation list.
e.
Respond promptly to all requests for municipal towing services by the chief of police. In any event, the towing operator shall respond and be present at the location (all locations within the Township) for municipal towing services within 15 minutes of receipt of notice of same between the hours of 8:00 a.m. and 5:00 p.m. (hereinafter "daytime"), and within 25 minutes of receipt of notice between the hours of 5:01 p.m. and 7:59 a.m. (hereinafter "nighttime"). In the event a towing operator does not arrive at the tow location within the above time periods, the police officer on the scene shall have the right to have a substitute towing operator called to the location who will have the right to perform the municipal towing services; and the originally called towing operator shall have no right to payment from any party.
f.
Not charge any fee for replacement of equipment or materials provided at the scene of the tow.
g.
Tow any and all disabled Township-owned or operated vehicle upon request by the chief of police to a location within the Township. The towing operator will not charge the Township for the towing of Township-owned passenger vehicles or pick-up trucks within two miles of the Township border to a location within the Township. All other towing of Township-owned or operated vehicles shall be charged pursuant to Subsection 4-2.10 at a 20% discount. Nothing herein shall limit the Township from utilizing the towing services provided for in any public bid contract.
h.
Clean up all broken glass and debris at the scene of accidents (all towing operators must be equipped with a broom and a shovel).
i.
Ensure that all drivers and operators of the towing operator must wear ANSI Class 2 reflective safety vests at all times when responding to a request by the Township.
j.
Furnish additional towing equipment and services during storm periods, periods of snow emergencies, traffic emergencies, natural or other disasters, any acts of God, and for any other reason when so designated by the chief of police. Such standby service shall begin and end when the chief of police notifies the towing operator. The Township reserves the right, during any such emergency, to designate temporary areas owned or leased by the Township and/or the towing operator for the storage of disabled vehicles, and to direct the towing operator to remove such disabled vehicles to said areas.
k.
Record all vehicles towed and/or stored on forms provided by the chief of police as soon as possible after each vehicle is towed, but no later than the end of each towing operator's rotation pursuant to Subsection 4-2.12d, and retain such records for a period of seven years. The Township shall be provided with a copy of any and all records evidencing that a vehicle has been towed and/or stored by the towing operator. Such records shall include a report of all personal property found within a towed vehicle that can be observed by the towing operator at the time the vehicle came into the towing operator's possession, an accounting of all monies received for fees for towing, and a separate accounting of all monies received for fees for storage services pursuant to this section. The chief of police shall have access upon demand, to any and all records required to be kept by this section.
l.
In all of the towing operator's dealings with the public, the towing operator shall act in a professional manner, courteous at all times, and respectful to members of the public, as well as representatives of the Township. Reports of discourteous behavior by the towing operator or his drivers which may be substantiated and documented, shall be considered by the Township as sufficient cause for revocation and termination of the towing operator's registration, and be considered as material default under any contract entered into with a towing operator pursuant to this section.
[Ord. #2011-011]
No towing operator, whether registered or under contract with the Township, shall respond to the scene of an accident or emergency for the purposes of towing a vehicle unless specifically notified by the chief of police, or his/her designee, or the individual involved in the accident or emergency. All persons, towing operators, and owners of towing equipment are hereby prohibited from soliciting business at the scenes of accidents and emergencies within the Township.
[Ord. #2011-011]
Any person having a dispute or complaint arising from a specific act of towing or storage of motor vehicles which is regulated by this section shall present that complaint or dispute to the chief of police for resolution. The chief of police shall render his decision as to how the said complaint or dispute is to be resolved within 10 days of his conducting a hearing as to the same. Such hearing can be in person, by telephone or on written presentation at the election of the chief of police. In the event of an adverse decision against a registered towing operator, said registration may be revoked. Any appeal of the chief of police's decision may be appealed to the governing body of the Township.
[Ord. #2011-011]
a.
This section shall be enforced by the Bedminster Township Police Department or the Township Clerk.
b.
Any violation of the provisions of this section, including the failure to register with the Township as required herein, shall subject such violator, upon issuance of a summons and conviction in municipal court, and at the court's discretion, to the fines and penalties set forth in § 1-5 for each such violation.
c.
Any violation of the provisions of this section may also subject the violator to a revocation or nonissuance of the contract with the Township. If a towing operator's contract is revoked pursuant to this provision, such towing operator is barred from re-applying with the Township for a period of one year from the date of the revocation.
d.
In addition to any penalties or other remedies provided herein, the towing operator that has billed a person an amount in excess of the fee specified in its filed schedule for the service provided shall reimburse such person for the excess cost.
[Added 7-1-2024 by Ord. No. 2024-006]
[Added 7-1-2024 by Ord. No. 2024-006]
As used in this chapter, the following terms shall have the meanings indicated:
Directors, producers, actors, set members, camera crew members, security, contractors, interns, and agents.
The taking of still or motion pictures, either on film, videotape, digital or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters, the internet or for institutional use.
Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
Universal Pictures.
Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire.
Paramount, including MTV Films and Nickelodeon Movie.
20th Century Fox, including Fox Searchlight.
Sony/Columbia.
Disney/Miramax.
MGM/United Artists.
Dreamworks.
Any major streaming service, such as Netflix, Hulu, or Amazon Prime Video.
Any film for which the budget is at least $5,000,000.
Recurrent weekly television series programming.
Any and every public street, highway, sidewalk, square, public right-of-way, public park or playground, public building and property or other public place within the Township which is within the jurisdiction and control of Bedminster Township.
[Added 7-1-2024 by Ord. No. 2024-006]
a.
No person or organization shall film or permit filing on public or on private property where such filing involves the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming, including, but not limited to, any temporary structure, barricade or device intended to restrict or block off pedestrian or vehicular traffic, without first having obtained a permit from the office of the Administrator/Municipal Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must readily be available for inspection by Township officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the office of the Administrator/Municipal Clerk during normal business hours. Applications for such permits shall be in a form approved by the governing body and be accompanied by a permit fee in the amount established by this chapter in Subsection 4-3.7 herein.
c.
If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Administrator/Municipal Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit.
[Added 7-1-2024 by Ord. No. 2024-006]
a.
The provisions of this chapter shall not apply to the filming of news stories within Bedminster Township.
b.
Personal/family filming performed by one individual using a hand-held camera without assistance from others for private personal use, and not commercial use.
c.
Fees may be waived for students enrolled in a bona fide educational institution upon receipt by the Municipal Clerk of written certification from a teacher or administrator of that institution stating that the filming is for educational purposes only and not intended for commercial use.
d.
Fees may be waived for Township of Bedminster sponsored filming, Bedminster Township Board of Education, and Township of Bedminster Emergency Services.
e.
Filming performed by wedding photographers.
f.
Filming performed entirely on private property without the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming.
[Added 7-1-2024 by Ord. No. 2024-006]
a.
An application and fee must be submitted to the Administrator/Municipal Clerk at least 14 days' prior to filming. Failure to submit the application at least 14 days prior to the event may constitute cause for denial. Applications shall be made in writing on the prescribed form and include all checklist items. In addition to the application described herein, the applicant is also responsible for obtaining all other applicable permits, including, but not limited to:
b.
No permits will be issued by the Administrator/Municipal Clerk unless applied for prior to 14 days before the requested shooting date; provided, however, that the Township Administrator/Municipal Clerk may waive the fourteen-day period if, in the Administrator/Municipal Clerk's judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.
c.
No permit shall be issued for filming upon public lands unless the applicant shall provide the municipality with satisfactory proof of the following:
1.
Proof of insurance coverage. Applicant will maintain at all times insurance for claims which may arise from, or in connection with, services performed/products furnished by applicant, their agents, representatives, employees or sub-contractors with coverage at least as broad and with limits of liability not less than those stated below. The applicant shall provide the Township with a Certificate of Insurance as proof of insurance for all filming activities. Said certificate shall evidence Workers Compensation and Employers Liability insurance, Commercial General Liability Insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate, and Automobile Liability Insurance covering all owned, hired, and non-owned vehicles in an amount of not less than $1,000,000 per occurrence. Applicant shall also carry Umbrella/Excess Liability insurance in an amount of not less than $5,000,000 providing excess limits over General Liability, Automobile Liability, and Employer's Liability coverages; coverage shall be no more restrictive than the applicable underlying policies. It is agreed and understood that the Township shall be included as an Additional Insured on all policies except Workers Compensation in the state of New Jersey on a primary and non-contributory basis and shall be to the full limits of liability purchased by applicant, even if those limits are in excess of those required by the permit, and that a waiver of subrogation shall apply in favor of the Township. These conditions shall be outlined on the Certificate of Insurance. The Township reserves its rights to require insurances in additional amounts or types, in its sole discretion. All insurance shall be written with a company maintaining an AM Best rating of least "A-VIII".
2.
A duly completed and executed Hold Harmless and Indemnification agreement shall be required, in which the applicant shall agree to indemnify, defend and hold harmless the Township, its agents, servants, representatives and employees from and against all losses, damages, claims, liabilities and causes of action of every kind, or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third parties or their property arising from the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this chapter to the extent permitted by law. The applicant shall give the Township prompt and reasonable notice of any such claims or actions.
3.
The hiring of an off-duty police officer for the times indicated on the permit.
4.
Proof of service of written notification to adjacent property owners.
5.
Completed filming application.
[Added 7-1-2024 by Ord. No. 2024-006]
a.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets.
b.
The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days' prior to the requested shooting date and be informed that objections may be filed with the Municipal Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Such notice shall state the date and hours. Proof of service of notification to adjacent owners shall be submitted to the Municipal Clerk within two days of the requested shooting date.
c.
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Bedminster Township Police Department with respect thereto.
[Added 7-1-2024 by Ord. No. 2024-006]
The Township reserves the right to require one or more on-site police officers in situations where the proposed production may impede the proper flow of traffic, the cost of said police officer to be borne by the applicant as a cost of production.
[Added 7-1-2024 by Ord. No. 2024-006]
The schedule of fees for the issuance of permits authorized by this chapter are as follows:
a.
Permit application fee: $100.
b.
Permit application fee for non-profit applicants*: $25 (no daily rate).
*Non-profit applicant filming for educational purposes, including student films with written certification from a teacher or administrator of that institution stating that the filming is for educational purposes only and not intended for commercial use.
c.
Daily filming fee: $100 per day.
d.
Major motion picture filming fee: $500 per day.
e.
Filming performed entirely on private property without the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming: No daily filming fee imposed.
[Added 7-1-2024 by Ord. No. 2024-006]
a.
In addition to the license fee, the applicant shall be responsible to reimburse Bedminster Township for the cost of support staff used in conjunction with the event. These costs may include but are not limited to Police, Public Works, Code Enforcement, Fire Prevention, Board of Health and Recreation.
b.
Prior to issuance of the permit, the applicant shall be provided with a cost estimate of these expenses prepared by the Township Administrator/Municipal Clerk, and a list of conditions recommended by the Chief of Police, Code Enforcement Official, Fire Prevention Official, Health Officer, Public Works Director, Recreation Director and Township Risk Manager. The applicant shall confirm in writing his or her acceptance of these estimated costs and conditions.
c.
The applicant shall be responsible for depositing into an escrow account, payment of these costs, or a reasonable estimate thereof, at the time the completed permit application is approved by the Township Committee.
[Added 7-1-2024 by Ord. No. 2024-006]
The Township Committee may refuse to issue a permit whenever the Township Committee determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other Township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.
[Added 7-1-2024 by Ord. No. 2024-006]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Added 7-1-2024 by Ord. No. 2024-006]
a.
Any person aggrieved by a decision of the Township denying or revoking a permit or a person requesting relief may appeal to the governing body. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Administrator/Municipal Clerk.
b.
An appeal shall be filed within 10 days of the date of the decision. The governing body shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the governing body shall be in the form of a resolution supporting the decision adopted at the first regularly scheduled public meeting of the governing body after the hearing on the appeal unless the appellant agrees in writing to a later date for the decision.