[1990 Code § 5-1; Ord. No. 05-2012; Ord. No. 15-2013; Ord. No. 05-2015]
a. Definition as defined in N.J.S.A. 48:16-1. Shall mean and include
automobile or motor car, commonly called taxi, auto cab, omnibus,
or by whatever name or designation they may now or hereafter be known
or designated "taxicab", engaging in the business of carrying passengers
for hire, which is held out, announced or advertised to operator run,
or which is operated to run over any of the streets or highways of
the City, and particularly accepts and discharges such persons as
may offer themselves for transportation from points or places within
the City, or which is hired by charter, or for a particular contract,
or by the day or hour or other fixed period, or to transport passengers
to a specified place or places, or which charges a fare or price agreed
upon, in advance, between the operator and the passenger. Nothing
in this section contained shall be construed to include any motor
vehicle by whatever name or designation used and employed solely in
transporting school children or teachers, or auto buses which are
subject to the jurisdiction of the Board of Public Utility Commissioners,
or any motor vehicle owned or operated by the City of Lambertville,
County of Hunterdon, State of New Jersey, or operated by any nonprofit
organization in the business of transporting persons not for profit.
b. License Required; Fees for License. As defined in N.J.S.A. 48:16-2,
necessity of municipal consent before operating auto cab; limited
on license fee. No auto cab shall be operated along any street in
any municipality until the owner thereof shall obtain the consent
of the elective Governing Body or member thereof having control of
the public streets in the municipality. The City of Lambertville,
in accordance with P.L. 2011, c. 135, licenses will be the subject
of a public auction for the license.
c. Issuance of License, Inspection of Taxicabs. In accordance with P.L.
2011, Chapter 135, a municipality shall publish a notice in the newspaper
circulating generally within the municipality stating the number of
new or additional licenses to be authorized and the application period
for the new or additional licenses. The notice shall specify a time
and date after which no further applications will be accepted. The
notice shall be published at least twice and at least one week apart,
with the second notice published at least 30 days prior to the time
and date specified in the notice as the time and date after which
no further applications will be accepted.
The Mayor's designee shall have the power to issue or refuse
to issue a license, in pursuance of the terms of this subsection.
The number of licenses shall not exceed four, one license per vehicle.
Any license hereafter issued may be transferred upon the payment
of a transfer fee of $50 for each and every such transfer, and subject
to the provisions of this subsection, upon obtaining approval, in
writing, of the Mayor's designee.
d. Application Information. Shall include the name, address, phone number
of the owner and each operator, copies of insurance, State of New
Jersey Business Registration, Sales Tax Certificate, fingerprinting
results and any other information as deemed necessary by the Police
Department and/or the City Clerk.
e. Requirements for Applications. No license to operate a taxicab shall
be granted to any person unless he is a citizen of the United States,
or shall have declared his intention to become such a citizen. In
the case of a co-partnership, no license shall be granted to operate
a taxicab unless such corporation is either incorporated or is duly
authorized to do business under the laws of this State. All applicants
and prospective taxicab drivers must:
1. Prior to the issuance of a license:
(a) Submit to criminal history checks (fingerprinting) at a designated
Live Scan facility;
(b) Have reached his or her 21st birthday;
(c) Not have had a license revoked in any other state; and
(d) Possess a currently valid, State of New Jersey issued driver's license.
f. Fingerprinting. No license shall be granted to operate a taxicab to any person, or to any partnership or corporation who is not, or the members of or officer of which are not persons of good moral character, or who has, or if any of the members of the partnership, or officers of the corporation have been convicted of any following crimes: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection
r of N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2. In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph one of the subsection. If a person who has been convicted of one of the crimes outlined in this subsection or in P.L. 2011, c.135 (A1471 3R), and can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an auto cab and/or taxicab.
g. Issuance of License; Number Limited; Transfer Fee. The Mayor's designee
shall have the power to issue or refuse to issue a license, in pursuance
of the terms of this section. The number of licenses shall not exceed
four, on per vehicle, four vehicles in total. Any license hereafter
issued may be transferred upon the payment of a transfer fee of $50
for each and every such transfer, and subject to the provisions of
subsection 5-1.5, upon obtaining the approval in writing of the Mayor's
designee.
h. Inspection Required Before Issuance of License. No auto cab or taxicab
shall be licensed until it has been thoroughly and carefully inspected
and examined by the Police Department and found to be in a thoroughly
safe condition for the transportation of passengers. Such licensed
taxicabs shall be clean, fit and of good appearance and well painted
and varnished. Side curtains or shades shall not be permitted on any
such licensed vehicles. The Department shall refuse a license to any
applicant or, if already issued, revoke or suspend the license of
any vehicle found to be unsafe for the transportation of passengers.
All reports of such inspections and examinations, after having been
submitted to the Mayor's designee shall be filed with the City Clerk
and become a part of the application filed for the licensing of such
vehicle, as hereinafter provided.
i. Contract Compliance Review Board. The Contract Compliance Review
Board shall consist of the Mayor or the Mayor's designee, the Police
Director and one member of the local Chamber of Commerce. It is the
responsibility of the Contract Compliance Review Board to take measures
to ensure that all provisions of this ordinance have been met.
1. The first complaint or inspection by the Police Department when a
taxicab company is found to be noncompliant will result in the immediate
suspension of services of the taxicab service until the company can
provide the proper documentation or address the area of concern to
the satisfaction of the Contract Compliance Review Board;
2. The second complaint or documented review where the company is found
to be out of compliance or negligent, a hearing will be scheduled
with the Contract Compliance Review Board. The Review Board will decide
whether to suspend or terminate the license or to allow the company
to continue to provide services under the license.
3. In the event of a suspension or termination of a license, the City
of Lambertville will not prorate the fee of a license.
j. Display Requirements. Every licensed taxicab shall display prominently
in the interior of the auto/taxicab and in a manner required or approved
by the Mayor's designee, the following:
2. A photo identification of the driver; and
3. A contract compliance placard, provided by the City, which advises
the public on how to submit a complaint to the Contract Compliance
Review Board.
k. Register to Be Maintained. The City Clerk shall keep a register of
the name of each person owning or operating vehicle or vehicles licensed
under this section, together with the license number and the description,
make dimension of such vehicles, with the date and complete record
of inspections made of them. All applications for licenses shall be
filed by the City Clerk and carefully preserved for reference. All
licenses issued shall be recorded in books provided for that purpose,
which shall be in such form as the Mayor's designee shall prescribe.
All such records shall be open to the inspection of the public at
all reasonable times and shall be deemed the official records of the
Department and of the City.
l. Inspection, Written Reports Required. The Police Department shall
maintain a constant vigilance over all taxicabs to see that they are
kept in a condition of safety for the transportation of passengers,
and to this end shall have the right at any and all times to inspect
any and all licensed vehicles, and shall maintain a record, in writing
of a report of such inspections. All taxicabs found to be out of compliance
with this subsection will be given one warning. The second time they
are found to not be in compliance with this subsection will require
an appearance before the Compliance Review Board.
m. Insurance. As defined in N.J.S.A. 48:16-3, no such consent shall
become effective until the owner of the auto cab shall have filed
with the clerk of the municipality in which such operation is permitted,
an insurance policy of a company duly licensed to transact business
under the insurance laws of this State conditioned for the payment
of business unless the applicant shall have complied with the provisions
of Chapter 231 of the Laws of 1926, embodied in N.J.S.A. 48-16, et
seq., N.J.S.A. 39:6B-1 and P.L. Chapter 135, Assembly number 1471
of the State of New Jersey, and the acts amendatory thereof or supplemental
thereto, relating to the filing of an insurance policy covering the
owner or operator of such vehicles for damages to person for which
he may become liable by reason of the ownership, maintenance or use
of the vehicle, not less than $35,000 of motor vehicle liability insurance
coverage, or the rate established and set by State of New Jersey Statutes.
All such insurance policies shall be issued to cover the term of the
license issued by the City.
n. Licenses Revoked or Suspended. Licenses granted under the preceding
subsections may be revoked or suspended at any time after notice and
hearing by the Compliance Review Board if the vehicle shall not be
in a safe condition for the transportation of passengers or not kept
in conformity with the terms of this subsection or if used or its
use permitted for any improper, immoral or illegal business or purpose,
or for the violation of any statute or law of the State of New Jersey
or of the United States, or for the violation of any of the provisions
of this section, or any of the rules and regulations made by the Appropriate
Authority.
o. Mayor and Council to Designate Stand. The Mayor and Council are hereby
authorized to designate such place or places within the Central Business
District or Highway Commercial Zones of the City as public taxicab
stands as the Mayor and Council, in its judgment, may deem necessary
as may be required for the proper transportation of passengers. The
City Clerk is hereby further authorized to grant permits for the operation
of taxicabs from private premises as it may deem necessary and proper.
No taxicab shall occupy any public taxicab stand unless such taxicab
shall have been licensed as provided in this subsection.
p. Regulations. No taxicab, while waiting for employment by passengers
shall stand on any public street or space other than that at or upon
a taxicab stand designated or established in accordance with this
section, nor shall any driver of such taxicab seek employment by repeatedly
and persistently driving his taxicab to and fro in egress from any
theater, hall, hotel, public resort, railroad station or other place
of public gathering, and no driver shall solicit passengers for a
taxicab except when sitting upon the driver's seat thereof, nor shall
any driver of a taxicab solicit employment in the transportation of
passengers by driving in or through any public street or public place
at a slow rate of speed, commonly designated as "cruising."
Upon request, no owner or driver of a taxicab or other vehicle
regulated under this section, unless previously engaged, shall refuse
or neglect to carry an orderly person anywhere within the City of
Lambertville. Upon request, every driver of a taxicab is required
to provide each passenger with a receipt indicating the driver's name,
fee and description of the trip.
No person operating a taxicab shall permit or allow any person
other than a passenger being transported for hire in or about such
taxicab when in service as a taxicab.
q. Penalties for Violations. The penalties for violation of this subsection shall be as set forth in Chapter
1, Section
1-5 of the Code of the City of Lambertville.
r. The City of Lambertville retains the right to accept or reject applications
for taxicab licenses for any reason. Fees will not be prorated or
refunded should the applicant be found to be non-compliant.
[1990 Code § 5-1; Ord. No. 05-2012; Ord. No. 15-2013]
a. Definitions. Livery, as defined in N.J.S.A. 48:16A-1 et seq. shall
mean and include any horse carriage, horse drawn cart, engaging in
the business of carrying of passengers for hire, which is held out,
announced or advertised to operate or run, or which is operated to
run over any of the streets or highways of the City, and particularly
accepts and discharges such persons as may offer themselves for transportation
from points or places within the City, or which is hired by charter,
or for a particular contract, or by the day or hour or other fixed
period, or to transport passengers to a specified place or places.
b. License Required; Fees for License. The fee for a livery license
shall be no less than the sum of $100 per vehicle/carriage. The license
will be offered annually by application. The City will offer up to
five licenses, one per vehicle or horse drawn carriage. Days of operation
are limited to Friday, Saturday, Sunday and/or holidays.
c. Issuance of License, Inspection of Liveries; Transfer Fee. The Mayor's
designee shall have the power to issue or refuse to issue a license
in pursuance of the terms of this subsection. The number of licenses
shall not exceed five, one license per vehicle.
Any license hereafter issued may be transferred upon the payment
of a transfer fee of $25 for each and every such transfer, and subject
to the provisions of this subsection, upon obtaining approval, in
writing, of the Mayor's designee.
d. Application Information. The application form shall include the name,
address, phone number of the owner and each operator, copies of insurance,
State of New Jersey Business Registration, Sales Tax Certificate,
and any other information as deemed necessary by the Police Department
and/or the City Clerk.
e. Requirements for Applications. No license to operate a livery shall
be granted to any person unless he is a citizen of the United States,
or shall have declared his intention to become such a citizen. In
the case of a co-partnership, no license shall be granted to operate
a taxicab unless such corporation is either incorporated or is duly
authorized to do business under the laws of this State. All applicants
and prospective taxicab drivers must first submit to criminal history
checks (fingerprinting) at a designated Live Scan facility prior to
the issuance of a license.
f. Inspection Required Before Issuance of License. No livery shall be
licensed until it has been thoroughly and carefully inspected and
examined by the Police Department and found to be in a thoroughly
safe condition for the transportation of passengers. Such licensed
taxicabs shall be clean, fit and of good appearance and well painted
and varnished. Side curtains or shades shall not be permitted on any
such licensed vehicles. The Police Department shall refuse a license
to any applicant or, if already issued, revoke or suspend the license
of any vehicle found to be unsafe for the transportation of passengers.
All reports of such inspections and examinations, after having been
submitted to the Mayor's designee shall be filed with the City Clerk
and become a part of the application filed for the licensing of such
vehicle, as hereinafter provided.
g. Display of License. Every licensed livery shall display in a manner
required or approved by the Mayor's designee, its City license number
upon the issuance of the City license of any livery. There shall be
furnished to the owner a card setting forth the name and address of
the owner and the number of the license which card shall be promptly
displayed in the interior of the livery.
h. Register to Be Maintained. The City Clerk shall maintain a register
of all licenses granted to liveries and the register and application
will be made available to the public upon request.
i. Inspection, Written Reports Required. The Police Department shall
maintain a constant vigilance over all liveries to see that they are
kept in a condition of safety for the transportation of passengers,
and to this end shall have the right at any and all times to inspect
any and all licensed vehicles, and shall maintain a record, in writing
of a report of such inspections.
j. Insurance. In accordance with N.J.S.A. 48:16A-2, no vehicle shall
be operated wholly or partly along any street in any municipality
until the owner of the vehicle shall have filed with the Clerk of
the municipality in which such operation is maintained, an insurance
policy of a company duly licensed to transact business under the insurance
laws of this State in the sum of $10,000 against loss by reason of
the liability imposed by law upon the vehicle owner for damages on
account of bodily injury or death suffered by any person with a maximum
limit of $100,000 for more than one person in any one accident, and
in the sum of $1,000,000 against loss by reason of such liability
for damage on account of the injury to or destruction of the property
of any person, with a maximum of $5,000 for more than one person in
any one accident, as the result of an accident occurring by reason
of the ownership, maintenance or use of the vehicle upon any public
street. Such operation shall be permitted only so long as the insurance
policy shall remain in force to the full and collectible amount of
$105,000. The insurance policy shall provide for the payment of any
final judgment recovered by any person on account of the ownership,
maintenance and use of such vehicle or any fault in respect thereto,
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
k. Licenses Revoked or Suspended. Licenses granted under this subsection
may be revoked or suspended at any time after notice and hearing by
the Mayor's designee if the vehicle shall not be in a safe condition
for the transportation of passengers or not kept in conformity with
the terms of this subsection or if used or its use permitted for any
improper, immoral or illegal business or purpose, or for the violation
of any statute or law of the State of New Jersey or of the United
States, or for the violation of any of the provisions of this subsection,
or any of the rules and regulations made by the appropriate authority.
l. Penalties for Violations. The penalties for violation of this subsection shall be as set forth in Chapter
1, Section
1-5 of the Code of the City of Lambertville.
[Ord. No. 15-2013 § 3]
a. Definitions. In accordance with N.J.S.A. 48:16-22.3a, any person
who owns a limousine service, or any other company or service which
pairs a passenger automobile, as defined In N.J.S.A. 39:1-1, and a
driver with a private customer to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route, include, but not limited to,
the use of authorized drivers of rental vehicles to provide such passenger
transportation, in no event shall it have a seating capacity of more
than 14 passengers, not including the driver, shall require an applicant
for employment as a limousine operator or driver, or as an operator
or driver of any other passenger automobile, as defined in N.J.S.A.
39:1-1.
b. License Required. No limousine shall be operated in the City of Lambertville
without being registered and licensed in accordance with this subsection
and the State of New Jersey.
c. Issuance of License. The Clerk of the municipality in which the owner
has his principal place of business, upon the filing of the required
insurance policy and the payment of a fee shall issue in duplicate
a license to operate showing that the owner of the limousine has complied
with the terms and provisions of N.J.S.A. 48:16-17.
d. Application Information. Application information shall include the
name, address, phone number of the owner and each operator, copies
of insurance, State of New Jersey Business Registration, Sales Tax
Certificate, fingerprinting results and any other information as deemed
necessary by the Police Department and/or the City Clerk.
e. Requirements for Applications. No license to operate a limousine
shall be granted to any person unless he is a citizen of the United
States, or shall have declared his intention to become such a citizen.
In the case of a co-partnership, no license shall be granted to operate
a taxicab unless such corporation is either incorporated or is duly
authorized to do business under the laws of this State. All applicants
and prospective taxicab drivers must first submit to criminal history
checks (fingerprinting) at a designated Live Scan facility prior to
the issuance of a license, be 21 years old and possess a State of
New Jersey issued driver's license which is currently valid.
In accordance with N.J.S.A. 48:16-22.2b., any person who owns
a limousine service shall require an applicant for employment as a
limousine operator or driver to be tested, at the applicant's expense,
for dangerous controlled substances as defined in N.J.S.A. 2C:35-2.
f. Disqualification Under Certain Circumstances. No license shall be
granted to operate a limousine to any person, or to any partnership
or corporation who is not, or the members of or officer of which are
not persons of good moral character, or who has, or if any of the
members of the partnership, or officers of the corporation have been
convicted of any following crimes: aggravated assault, arson, burglary,
escape, extortion, homicide, kidnapping, robbery, aggravated sexual
assault, sexual assault or endangering the welfare of a child pursuant
to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession
any weapon enumerated N.J.S.A. 2C:39-9, or other than a disorderly
persons or petty disorderly persons offense for the unlawful use,
possession or sale of a controlled dangerous substance as defined
in N.J.S.A. 2C:35-2. In any other state, territory, commonwealth,
or other jurisdiction of the United States, or any country in the
world, as a result of a conviction in a court of competent jurisdiction,
a crime which in that other jurisdiction or country is comparable
to one of the crimes enumerated in this paragraph. If a person who
has been convicted of one of the crimes outlined in this paragraph
or in N.J.S.A. 48:16-3, and can produce a certificate of rehabilitation
issued pursuant to N.J.S.A. 2A:16A-8 or if the criminal offense occurred
outside New Jersey, an equivalent certificate from the jurisdiction
where the criminal offense occurred, the criminal offense shall not
disqualify the applicant from operating or driving a limousine.
g. Issuance of License; Fee. The Clerk of the municipality, in which
the owner has his principal place of business, upon the filing of
the required insurance policy and the payment of the fee, which shall
not exceed $50 shall issue in duplicate a license to operate showing
that the owner of the limousine has complied with the terms and provisions
of N.J.S.A. 48:16-17.
The original license shall be retained within the limousine
and shall be available for inspection by any Police Officer in the
State.
The duplicate license shall be filed with Motor Vehicle Commission
before any such car is registered as a limousine.
h. Inspection Required Before Issuance of License. No limousine shall
be licensed until it has been thoroughly and carefully inspected and
examined by the Police Department and found to be in a thoroughly
safe condition for the transportation of passengers. Such licensed
limousine shall be clean, fit and of good appearance and well painted
and varnished. Side curtains or shades shall not be permitted on any
such licensed vehicles. The Police Department shall refuse a license
to any applicant or, if already issued, revoke or suspend the license
of any vehicle found to be unsafe for the transportation of passengers.
All reports of such inspections and examinations, after having been
submitted to the Mayor's designee shall be filed with the City Clerk
and become a part of the application filed for the licensing of such
vehicle, as hereinafter provided.
i. Display of License. Every licensed taxicab shall display in a manner
required or approved by the Mayor's designee, its City license number
upon the issuance of the City license of any limousine. There shall
be furnished to the owner a card setting forth the name and address
of the owner and the number of the license which card shall be promptly
displayed in the interior of the auto/taxicab.
j. Register to Be Maintained. The City Clerk shall keep a register of
the name of each person owning or operating vehicle or vehicles licensed
under this subsection, together with the license number and the description,
make, dimension of such vehicles, with the date and complete record
of inspections made of them. All applications for licenses shall be
filed by the City Clerk and carefully preserved for reference. All
licenses issued shall be recorded in books provided for that purpose,
which shall be in such form as the Mayor's designee shall prescribe.
All such records shall be open to the inspection of the public at
all reasonable times and shall be deemed the official records of the
Police Department and of the City.
k. Inspection, Written Reports Required. The Police Department shall
maintain a constant vigilance over all limousines to see that they
are kept in a condition of safety for the transportation of passengers,
and to this end shall have the right at any and all times to inspect
any and all licensed vehicles, and shall maintain a record, in writing
of a report of such inspections.
l. Insurance. As required in N.J.S.A. 48:16-14, no limousine shall be
operated wholly or partly along any street in any municipality until
the owner of the limousine shall have filed with the Clerk of the
municipality in which the owner has his principal place of business,
an insurance policy of a company duly licensed to transact business
under the insurance laws of this State in the sum of $1,500,000 against
loss by reason of the liability imposed by law upon every limousine
owner for damages on account of bodily injury or death suffered by
any person as the result of an accident occurring by reason of the
ownership, maintenance or use of the limousine upon any public street.
m. Licenses Revoked or Suspended. Licenses granted under this section
may be revoked or suspended at any time after notice and hearing by
the Mayor's designee if the vehicle shall not be in a safe condition
for the transportation of passengers or not kept in conformity with
the terms of this subsection or if used or its use permitted for any
improper, immoral or illegal business or purpose, or for the violation
of any statute or law of the State of New Jersey or of the United
States, or for the violation of any of the provisions of this subsection,
or any of the rules and regulations made by the Appropriate Authority.
n. Penalties for Violation. The penalties for violation of this ordinance shall be as set forth in Chapter
1, Section
1-5 of the Code of the City of Lambertville and N.J.S.A. 48:16.
[1990 Code § 5; amended in its entirety 7-20-2023 by Ord. No. 24-2023]
ARCADE
An amusement center offering mechanical, automated, electronic
games and music for purchase through any means, including but not
limited to coin, cash, game or membership card, credit card, admittance
fee, or similar method of payment.
Any Arcade offering redemption prizes is required to file
an application with the State of New Jersey, Legalized Games of Chance
Control Commission, as well as with the City of Lambertville.
AUTOMATIC, AUTOMATED, MECHANICAL OR VIDEO AMUSEMENT DEVICE OR
ELECTRONIC AMUSEMENT DEVICE
Shall means a machine of the type commonly known and designated
as bagatelle, baseball, football, or pinball amusement games or similar
machines and particularly, but not by way of limitation, any and all
coin-operated amusement devices of any and all types and kinds, which,
upon the payment of a user fee, including but not limited to coin,
slugs, credit card, game card, or membership card used to operate
or may be operated for use as a game, contest, amusement or entertainment
of any description, or which may be used for any such game, contest,
amusement or entertainment, and which contain no automatic payoff
device for the return of slugs, money, coins, checks, tokens, or merchandise,
or which provide for no such pay-off by any other means or in any
other manner whatsoever.
AUTOMATIC, AUTOMATED VENDING MACHINE
Shall means any method of payment, including, but not limited
to, coin, slugs, credit cards, membership card or game card, operated
machine used for the purpose of selling liquids, candy, food or general
merchandise. Up to six coin-operated non-electrical bulk vending machines,
located on the same stand, shall be considered to be one machine and
require one license. The license fee shall be calculated based on
the highest dispensing fee of the bulk vending machines.
AUTOMATIC, AUTOMATED VENDING MACHINE
Shall means any method of payment, including, but not limited,
to coin, slugs, credit cards, membership card or game card, used to
operate a machine for the purpose of selling liquids, candy, food
or general merchandise.
MECHANICAL MUSIC MACHINE
Shall means any method of payment, including, but not limited
to, coin, slugs, credit cards, membership cards or game card used
to operate a musical machine or device over and through which music
by transcription is played.
PERSON
Includes any natural person, association, partnership, firm
or corporation, company, utility or organization of any kind.
PROPRIETOR
Any person, firm, corporation, partnership, association,
entity or club who, as the owner, leaseholder, or proprietor, has
under his, her or its control any establishment, place or premises
in or at which any mechanical, electronic or video amusement device
is placed or kept for use or play or on exhibit for the purpose of
use or play. In addition to aforesaid, the above-designated definition
of "proprietor" shall include any lawful, separate business entity
which engages in its primary operation the use of the aforesaid devices.
a.
1.
Issuance to person or proprietors convicted of a crime is restricted,
except as provided by State of New Jersey law, no license shall be
issued to or held by any person who has been convicted of a crime
or by any corporation, partnership or association, a member or officer,
director or holder of 10% or more of the stock of which has been convicted
of any crime.
2.
No license shall be approved for any applicant unless he, she
and or they shall be 21 years of age.
3.
Four or fewer mechanical, electronic or video amusement devices
or jukeboxes in any premises are subject to the Zoning laws of the
City of Lambertville.
4.
Gambling and Gambling devices are prohibited. Nothing in this
chapter shall in any way be construed to authorize, license or permit
any gambling, game and/or device whatsoever, including, but not limited
to, card games, not any machine or mechanism that has judicially been
determined to be a gambling device or to be in any way contrary to
any present or future laws of the City of Lambertville, County of
Hunterdon or State of New Jersey.
5.
Maintenance of order: the person or proprietor in charge of
the place or premises where any jukebox or mechanical, automated,
electronic or video amusement device is kept or located shall maintain
good order on or about the place or premises in which any jukebox
or mechanical, automated, electronic or video amusement device is
kept or located, which shall include but shall not be limited to the
following:
(a)
Possession or consumption of alcoholic beverages without a license
issued by the State of New Jersey Alcoholic Beverage Control Commission;
(c)
The use of cannabis products.
6.
Hours of Operation.
(a)
No jukebox or mechanical, electronic or video amusement device
may be operated between the hours of 10:00 p.m. and 9:00 a.m. on any
day, under any circumstances.
SOCIAL CLUB
An organization established for social, or recreational purposes
that provides related opportunities exclusively for its members and
is primarily supported by dues, fees, charges or other funds paid
by its members.
[Amended 7-20-2023 by Ord. No. 24-2023]
It shall be unlawful for any person to maintain, operate or
use within the City any mechanical coin machine, automatic, automated
or electronic amusement device, automatic vending machine, without
first having obtained a license from the City or without complying
with all provisions concerning the same contained in this section;
and the maintaining, operating or using of such mechanical music machines,
automatic or electronic amusement devices, automatic vending machines,
without first having obtained a license from the City, or without
complying with any and all provisions contained in this section, shall
constitute a separate violation for each and every day that such machines
and devices are maintained, operated or used.
[Amended 7-20-2023 by Ord. No. 24-2023]
Vending Machines. The annual license fee, per machine or device,
for maintaining, operating or using such mechanical music machines,
automatic amusement devices and automatic vending machines in any
one place shall be as follows:
a. Mechanical music machines: $75 per year per machine (previously $100).
b. Automatic amusement devices: $75 per year per machine for the first
10 machines, and $25 for each additional machine (previously $100
per machine).
c. Automatic vending machines: yearly fee: $40.
The licenses granted pursuant to this section are not transferable.
[Amended 7-20-2023 by Ord. No. 24-2023]
a. Application. Every person maintaining, operating or using such mechanical music machines, automatic amusement devices and automatic vending machines, shall, on or before May 1 annually, make application to the City Clerk for a license to maintain, operate or use such machines or devices. The application shall be filed with the City Clerk and shall be accompanied by the license fee required in Subsection
5-2.3.
b. Investigation. The City Clerk shall cause an investigation of each
application to be made by the Police Department to determine whether
the owner, occupant or tenant of the premises upon which or within
these machines or devices are to be maintained, operated or used,
is complying with all laws of the State of New Jersey and ordinances
of the City of Lambertville relating and pertaining to the preservation
and protection of the lives, health, morals and general welfare of
the inhabitants of the City; and for the purpose of such investigation,
such applicants for licenses shall allow and permit the inspection
of any such place or premises at all reasonable hours by any Police
Officer of the City of Lambertville. The Police Department shall make
a report of their investigation to the City Clerk.
c. Favorable Report. If the investigation report is favorable, the City
Clerk shall issue the licenses. The effective date of each license
shall be June 1 annually and such license shall expire on May 31 annually.
Every person maintaining, operating or using these machines or devices
shall keep said license posted and exhibited, while in force, in some
conspicuous part of the premises.
d. Unfavorable Report. If the investigation report is unfavorable, it
shall be the duty of the City Clerk to refuse the issuance of the
license in question. This action of the City Clerk may be appealed
to the City Council who shall, after notice and hearing, determine
whether the action of the City Clerk shall be affirmed or reversed.
e. Licenses are not Prorated. When any such machine or device is installed
on any premises in the City before or after May 1 in any year, an
application for a license for such machine or device must be made
immediately and the same procedure must be followed as outlined above
in the case of the annual application. In such cases there will be
no prorating of the annual license fee and any license issued upon
such application shall be effective only to the time for the next
annual license.
f. Licensee to Be Proprietor, Tenant or Occupant. All licenses hereunder
shall be issued to and in the name of the proprietor, tenant or occupant
of the premises where the machine or device is to be installed for
the maintenance, operation and use thereof.
g. Investigation Charge. Whenever any application for a license hereunder
is rejected, the City Clerk shall retain for the use of the City 20%
of the annual license fee as an investigation charge.
[Amended 7-20-2023 by Ord. No. 24-2023]
The payment of the license fee required by this section, its
acceptance by the City, and the issuance of a license to any person,
shall not entitle the holder thereof to use any such machine or device
so licensed in any manner which would be in violation of any law or
ordinance.
[1990 Code § 5-3; amended in its entirety 7-20-2023 by Ord. No. 24-2023]
[Amended 7-20-2023 by Ord. No. 24-2023]
It shall be unlawful for any person whether as principal or
agent, clerk or employee, either for himself or any other person,
or for anybody corporate or as an officer of any corporation, or otherwise,
to commence or carry on any traveling circus, traveling show or carnival,
whether under canvas or not in the City without first having procured
a license from the City and without complying with the provisions
contained in this section or in any other ordinance heretofore or
hereafter adopted by the City which is or may be in full force and
effect; and the carrying on of any traveling circus, traveling show
or carnival, whether under canvas or not, without having first procured
a license from the City, or without complying with any and all of
the provisions contained in this section, or in any other ordinance
adopted by the City which is or may be in full force and effect, shall
constitute a separate violation of this section for each and every
day that such business is so carried on.
[Amended 7-20-2023 by Ord. No. 24-2023]
The license fees which are fixed for the raising of revenue
and for regulation and control, to be paid to the City for the conducting
of or engaging in any traveling circus, traveling show or carnival,
whether under canvas or not, shall be as follows: $250 per day.
[Amended 7-20-2023 by Ord. No. 24-2023]
It shall be the duty of the City Clerk to issue a license under
this section for every person liable to pay a license hereunder and
to state in each license the amount thereof, the period of time covered
thereby, the name of the person, firm or corporation to whom issued,
the particular business licensed, and the location or place of business
where the same is to be carried on. Every person having a license
under the provisions of this section and the carrying on such a licensed
business shall keep such license posted and exhibited while in force,
in some conspicuous part of the place of business. No refund shall
be made on any license fee paid on account of a cessation of business
after such license shall have been issued.
[Amended 7-20-2023 by Ord. No. 24-2023]
Every person licensed under this section shall comply with all
laws of the State of New Jersey and ordinances of the City relating
and pertaining to the preservation and protection of the lives, health,
morals and the general welfare of the inhabitants of the City, and,
for that purpose, such licensees shall allow and permit inspection
of any place licensed under this section at all reasonable hours of
the Chief of the Fire Department, the Health Officer and any Police
Officer of the City, which officers are hereby authorized and directed
and it shall be their duty to make such inspections and report any
violation of any laws of the State of New Jersey or of the ordinances
of the City of Lambertville relating to the preservation and protection
of the lives, health, morals and the general welfare of the inhabitants
of the City, to the Mayor and Council, who shall order and direct
the officers aforenamed to take such steps that they may deem necessary
and lawful to remedy and correct any such violations.
[1990 Code § 5-4; amended in its entirety 7-20-2023 by Ord. No. 24-2023]
[Amended 7-20-2023 by Ord. No. 24-2023]
The Mayor and Council are hereby authorized to grant licenses
to carry on or conduct billiard parlors, pool parlors and movie theaters.
[Amended 7-20-2023 by Ord. No. 24-2023]
The charges for such licenses shall be as follows, for each
billiard or pool table, $25 for the first table per year and $15 for
each additional table per year; for each movie theater $240 per year.
[1990 Code § 5-5.1]
As used in this section the following terms have the meaning
indicated:
ITINERANT VENDOR
Shall mean any person, whether a resident of the City or
not, and their principals and agents who engage or conduct any business
for the sale or offer for sale of goods, wares, or merchandise which
is or to be carried on in any building, structure, motor vehicle,
railroad car, or real estate for a period of less than six months
in each year.
PERSON
Shall mean any individual, corporation, partnership, association
or other entity.
[1990 Code § 5-5.2]
The provisions of this section shall not apply to:
a. Sales at wholesale to retail merchants by commercial travelers or
selling agents in the usual course of business;
b. Wholesale trade shows and/or conventions;
c. Sales of goods, wares or merchandise by sample, catalog, or brochure
for future delivery;
d. Fairs and convention center activities conducted primarily for amusement
and/or entertainment;
e. Any general sale, fair, auction or bazaar sponsored by any non-profit
organization;
f. Garage sales held on premises devoted to residential use;
g. Sales of crafts or items made by hand and sold or offered for sale
by the person making such crafts or handmade items and sold from their
residence;
h. Sales of agriculture food products, except nursery products and foliage
plants;
i. Person(s) operating a year-round 12 months established place of business
in the City;
j. Sales made by a seller at residential premises pursuant to an invitation
issued by the owners or legal occupant of such premises.
Any itinerant vendor not otherwise exempted from the provisions
of this section shall not be relieved or exempted from the provisions
of this section by any reason of associating himself temporarily with
any local dealer, auctioneer, trader, contractor, or merchant or by
conducting such temporary or transient business in connection with
or in the name of any local dealer, auctioneer, trader, contractor
or merchant.
[1990 Code § 5-5.3]
It shall be unlawful for any person to engage in an itinerant
vendor business activity, as defined in this section, within the corporate
limits of the City, without first obtaining a permit of exemption
or license as required by the City.
[1990 Code § 5-5.4]
The fees for an itinerant vendor's license shall be as follows: $1,000 for the first month and $500 for each month thereafter, not exceeding in all a period of six months. Upon application for the license in question, the applicant shall, in addition to the bond (see subsection
5-5.6), deposit a sum in cash equivalent to the full amount that would be due hereunder for the license based on the estimated time required. The City will reimburse the licensee if the license is used for less than the full estimated time. It is understood that after the initial $1,000, the $500 monthly additional fee is for the month or any part thereof. Adjustments are not made on a per diem basis. If the license is denied, then 90% of the fee deposited shall be refunded.
[1990 Code § 5-5.5]
Licenses and permits shall be issued for a term of more than
six months. Any license or permit issued under this section shall
not be transferable.
[1990 Code § 5-5.6]
Before any license shall be issued, the applicant shall execute
and deliver to the City a cash bond or a surety bond by a corporate
surety authorized to do business in this State and approved by the
City Attorney, equal to an amount of 25% of the value of the merchandise
to be sold, but in no event shall the bond be less than $5,000. Such
bond shall remain in force for one year after the date of expiration
of the license and shall be conditioned to indemnify and pay the City
any penalties or costs incurred in the enforcement of any provisions
of this section and to indemnify or reimburse any purchaser in a sum
equal to at least the amount of any payment such purchaser may have
been induced to make through the misrepresentation as to the kind,
quality, or value of the merchandise, and to indemnify or reimburse
any such purchaser in an amount equal to at least the amount of any
payment such purchaser may have made to any licensee under this section,
the delivery of which is either not made at all, or not made as represented
by the licensee. The bonds shall be maintained so long as the itinerant
vendor conducts business in the City and for a period of one year
after the termination of such business and shall be released only
when the itinerant vendor furnishes satisfactory proof to the City
Clerk that it has satisfied all claims of purchasers of goods, wares,
merchandise or services from such merchant, and that all State and
local taxes and other taxes have been paid. This subsection shall
not apply to a permit of exemption.
[1990 Code § 5-5.7]
Applicants for a permit of exemption or license shall file with
the City Clerk a sworn application in writing on a form to be furnished
by the City Clerk, no later than 60 days preceding the sale, which
shall give the following information:
a. Name and description of the applicant (trade name and business name
also to be included).
b. Permanent home address and business address, if any, of the applicant;
and proposed location of the business.
c. Home phone number and business phone number of the applicant.
d. A brief description of the nature of the business, the goods to be
sold and the name and address of the principal office of their manufacturer,
as well as the name and address of the agent designated to receive
service of process in the State; and a sketch of the area of the business
showing sales area, pedestrians and vehicle traffic patterns, parking,
traffic control signs, advertising signs.
e. If employed, the name and address of the employer.
f. The length of time for which the right to do business is desired.
g. A photograph of the applicant taken within 60 days immediately prior
to the date of the filing of the application.
h. Fingerprints of the applicant, and the names of at least two reliable
property owners of the County who will certify as to the applicant's
good character and business responsibility, or, in lieu of such names
of reference, such other valuable evidence of good character and business
responsibility of the applicant as will enable an investigator to
evaluate properly such character and business responsibility. Approval
or recommendation by the Better Business Bureau or the Chamber of
Commerce may be accepted in lieu of the above references.
i. A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violations of any municipal ordinance
other than traffic violation, the nature of the offense and the punishment
or penalty assessed therefor.
j. Proof that property taxes are paid up to date at the location of
the property where such business will be conducted. Address, lot and
block number of the location where the business activity will take
place.
k. Sales tax certificate issued by the New Jersey Division of Taxation
for the premises and business.
l. The days of the week and hours of the day during which the licensed
activity will be conducted.
m. Written consent of the property owner.
n. Such other information as the City Council or its delegated agent
may prescribe.
o. Any application filed within 60 days of the sale shall be denied.
p. Paragraphs h, i, and j shall not apply to permits for exemption.
[1990 Code § 5-5.8]
When the application is properly filled out and signed by the
applicant, the original and duplicate thereof shall be filed with
the City Clerk. The Clerk shall refer the original to the Police Director
who shall make or cause to be made such investigation of the applicant's
business responsibility and character as he deems necessary for the
protection of the public welfare.
a. If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the Police
Director shall endorse on such application his disapproval and his
reasons therefor and shall return the application to the City Clerk,
who shall notify the applicant that his application is disapproved.
Any determination by the Police Director that an application is unsatisfactory
shall be based on one or more of the following findings with respect
to the applicant; however, such determination is not limited to the
items listed below:
1. Conviction or pending charges of a crime involving moral turpitude;
2. Prior violation of an ordinance or law pertaining to itinerant vendors;
3. Previous fraudulent acts or conduct.
4. Record of breach of solicited contracts.
5. Concrete evidence of bad character.
6. Any additional information revealed in the investigation that is
not included above.
b. If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Police Director shall endorse his approval on the application returning
the application to the City Clerk, who shall, upon submission of the
required bond, issue the proper license to the applicant. The City
Clerk shall keep a record of all licenses issued, and of all complaints
received, if any, concerning each license.
[1990 Code § 5-5.9]
Licenses issued under this section may be revoked by the Mayor
and Council after reasonable notice and hearing, for any of the following
causes:
a. Misrepresentation or false statement contained in the application
for license.
b. Misrepresentation or false statements made in the course of carrying
on the activities regulated herein.
c. Conviction of any crime or misdemeanor involving moral turpitude.
d. Conducting the business of an itinerant vendor in an unlawful manner,
in violation of this section, or in such manner as to constitute a
breach of the peace, or to constitute a menace to the health, safety
or general welfare to the public.
e. If the licensee has violated the regulations enumerated in the zoning
and development ordinances and regulations of the City.
Notice of hearing for revocation of license shall be given in
writing setting forth the grounds of the complaint and the time and
place of hearing. Such notice shall be served personally upon the
licensee or mailed, postage prepaid, to the licensee at the addresses
given by the licensee in making application, at least five days prior
to the date set for the hearing.
[1990 Code § 5-5.10]
Any person aggrieved by the action of the Police Director or
the City Clerk in the denial of an application for a permit or license,
shall have the right to appeal to the Mayor and Council. Such appeal
shall be taken by filing with the Mayor and Council, within 14 days
after notice of the action complained of has been mailed to such person's
last known address, a written statement setting forth fully the grounds
for the appeal. The Mayor and Council shall set a time and place for
a hearing on such appeal and notice of such hearing shall be given
to the applicant in the manner as provided here for notice of hearing
on revocation. The decision and order of the Mayor and Council on
such appeal shall be final and conclusive.
[1990 Code § 5-5.11]
All persons holding a license or permit of exemption under this
section shall display the license prominently at the location of such
business.
[1990 Code § 5-6.1; amended 12-19-2019 by Ord. No. 29-2019]
It shall be unlawful for any person whether as principal or
agent, clerk or employee, either for himself or any other person,
or for any body corporate or as an officer of any corporation, or
otherwise, to conduct bingo or raffle games without obtaining a license
from the City Clerk as required by N.J.S.A. 5:8-1 et seq. or any other
state law.
[1990 Code § 5-6.2]
All qualified organizations are exempt for the payment of any
municipal licensing fee.
[Ord. No. 2005-04 § 2; Ord. No. 2010-17 § 2]
a. The purpose of this section is to adopt a procedure for the registration
of all construction contractors who are not required to register with
the State of New Jersey to perform certain work within the City of
Lambertville. This section shall apply to contractors performing services
on all nonresidential sites.
b. This section shall apply to all persons, partnerships, corporations
or other entities not otherwise licensed by the State of New Jersey
who undertake to provide services within the City of Lambertville
for a fee.
c. Registration pursuant to this section does not relieve the contractor
of the requirement to obtain a construction permit or of any liability
resulting from contractor's performance of service.
[Ord. No. 2005-04 § 3; Ord. No. 2010-17 § 3]
Services shall mean to erect any new structure, add or remove
rooms, dormers or other structures or to improve, modernize or modify
an existing room or rooms or structures, including all plumbing, electrical,
HVAC (mechanical) and fire additions and/or alternation, or to install,
resurface or improve driveways or sidewalks or any improvement whatsoever
upon any structure in the City of Lambertville where persons reside,
will reside or conduct any type of business upon completion of the
work.
[Ord. No. 2005-04 § 4; Ord. No. 2010-17 § 4]
Any person, partnership, corporation or other entity to whom
this section applies shall, prior to commencing any work or service
as herein described in the City of Lambertville, make application
to the City Construction Office for registration as a contractor in
the City of Lambertville. The failure to make application for such
registration prior to commencement of work or services shall constitute
a violation of this section. The form of application may be found
on file in the City Offices.
[Ord. No. 2005-04 § 5; Ord. No. 2010-17 § 5]
a. All registration numbers issued pursuant to this section shall expire
one year from the date of issuance. Such registration may be renewed
annually upon payment of the required fee and submission to the City
Construction Office of a current certificate insurance.
b. The initial fee to register as a contractor in the City of Lambertville
shall be $200. The fee for renewal registrations shall be $100.
[Ord. No. 2005-04 § 6; Ord. No. 2010-17 § 6]
Each applicant shall be required to submit a certificate of
insurance to the City Construction Office evidencing a current policy
for workers compensation insurance and public liability insurance
with a minimum liability of $100,000/$300,000.
[Ord. No. 2005-04 § 7; Ord. No. 2010-17 § 7]
The following constitutes but is not limited to grounds for
denial or revocation of registration:
a. Failure to maintain and keep current an adequate workers compensation
insurance policy or certification of no employees requiring workers
compensation insurance.
b. Failure to maintain and keep current a public liability insurance
policy;
c. Failure to comply with the construction standards required by State
laws or regulations or local ordinances or codes after having been
given notice of such noncompliance and failing to alleviate noncompliance
without just cause;
d. Any of the following:
1. Failure to comply with the lawful instructions of the Construction
Code Official regarding site safety, or building code violations.
2. Altering plans submitted in obtaining a construction (building, electrical,
plumbing, fire) permit without further receiving the approval of the
Construction Official;
3. Failure to obtain a construction permit where required;
4. One owner/resident complaint against the contractor for unsafe services,
unjustified interruption of work, or substandard workmanship which
complaint has been personally verified by the Construction Official
or his deputy;
5. Failure to complete the project according to terms of contract;
6. Failure to correct building, zoning or City violations in connection
with project;
7. Breach of contract by registrant;
8. Failure to request and obtain final inspection approvals and Certificate
of Approval/Occupancy within the timeframe allowed by the Uniform
Construction Code.
e. Any registrant that has had his registration revoked three times,
in accordance with this section, the City Clerk or Construction Official
may, upon notice to the registrant, request the Mayor and City Council
conduct a public hearing to determine whether or not said registrant
shall be permanently barred from performing work within the City.
f. The revocation of prior registration by the City of Lambertville
City Clerk or Construction Official or the revocation of any local
contractor's license or registration by another municipality in the
State of New Jersey for any cause other than failure to pay licensing
or registration fees.
[Ord. No. 2005-04 § 8; Ord. No. 2010-17 § 8]
In the event that the City Clerk denied or revoked a registration
to an applicant or has refused to renew such registration upon submission
of the required fee, the aggrieved contractor may appeal such denial,
in writing to the Mayor and Council of the City of Lambertville. Upon
such appeal the following action shall be taken:
a. Upon receipt of the written appeal, the City Clerk shall set a date
for the Mayor and Council to hear such appeal. This date may be adjourned
for a period of 60 days at the request of the Mayor and Council or
the contractor.
b. At the time, date and place set for the hearing, the Mayor and Council
shall hear testimony from the City Clerk and/or Construction Official
as to the grounds for denial and hear testimony from the contractor
contesting such denial. At the hearing, the contractor shall be entitled
to call witnesses and to be represented by counsel.
c. At the conclusion of the hearing, a determination shall be made.
If denial is deemed to have been inappropriate, the City Clerk shall
be directed to issue a registration number to the contractor. If it
is determined that the denial was proper, the Mayor and Council shall
have the discretion to take one of the following actions:
1. Uphold the denial without further action.
2. If circumstances warrant, direct the City Clerk to register the contractor
upon conditions imposed by the Mayor and Council and Construction
Official which are designed to reasonably ensure compliance by the
contractor and this section.
3. If circumstances warrant, direct the Construction Official to register
the contractor when the deficiencies have been alleviated by the contractor
to the Construction Official's satisfaction.
d. Within 10 business days from the hearing date, the Construction Official
and the contractor shall receive notification, in writing, with the
determination of the Mayor and Council and any conditions which have
been placed upon the approval for the application for registration.
[Ord. No. 2005-04 § 8; Ord. No. 2010-17 § 8]
The Construction Official shall have the responsibility to do
the following:
a. Monitor the accuracy and current status of the information contained
in the application for contractor's registration.
b. Keep all registration applications on file so that they are available
for inspection and copying by any interested party as public documents.
c. Notify the owner of the property on which work is being performed
by the contractor of the revocation of contractor's registration for
failure to keep current its public liability insurance.
[Ord. No. 2005-04 § 9; Ord. No. 2010-17 § 9]
It shall be considered a violation of this section for any person
or firm as described herein to fail to make application for a contractor's
registration or to perform any work as described herein without first
having applied for and received a contractor's registration number.
Following a conviction of violation of this section by a court of
competent jurisdiction, a fine of not less than $250 nor more than
$1,000 shall be imposed.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
As used in this section:
OUTDOOR DINING
Outdoor seating, parklet, sidewalk cafe or streatery as defined
herein.
OUTDOOR SEATING
A retail food establishment (as defined herein):
a.
Serving food to be consumed by the public at tables located
adjacent to the primary building on private property and not within
the public right-of-way.
b.
Containing readily movable tables, chairs, and/or planters;
and
c.
Unenclosed by fixed walls or ceilings, except for retractable
awnings, umbrellas or other non-permanent enclosures which in no way
present a safety hazard to or implied pedestrian traffic.
PARKLET
A platform or similar level surface extending into the public
right-of- way with amenities such as but not limited to tables, chairs,
benches, umbrellas, landscaping and other accessory components, designated
as public space, located in or on the public right-of-way or resting
on, or projecting into, the sidewalk and parking area, which is not
physically or structurally attached to a building, retaining wall
or fence.
PERSON
Any individual, partnership, corporation, association or
other entity.
PRIMARY BUILDING
The building whose principal facade is adjacent to where
the outdoor seating is or is proposed to be located.
PRINCIPAL FACADE
That portion of the facade of a building which fronts on
a public street.
RETAIL FOOD ESTABLISHMENT
An establishment actually located within the primary building
for which a current retail establishment inspection certificate has
been issued by the Board of Health and shall include, by way of example,
a restaurant, hotel, coffee shop, tea room, dining room, cafeteria,
luncheonette, sandwich shop, delicatessen, and the like.
SIDEWALK
The paved surface provided for the exclusive use of pedestrians
and situated between and extending from any building to the curb of
any street (excluding therefrom any unpaved area).
SIDEWALK CAFE
A portion of an eating or drinking establishment located
on a public sidewalk which functions as an extension of the use of
the adjacent private property by an eating or drinking establishment.
A sidewalk cafe is open to the sky except that it may have awnings
or umbrellas. No portion of the sidewalk cafe shall be used for any
purpose other than dining, drinking, and the associated circulation
therein.
STREATERY
A portion of an eating or drinking establishment located
within any legal parking zone that is accessed with an ADA accessible
ramp with amenities such as but not limited to tables, chairs, benches,
umbrellas, landscaping and other accessory components that is surrounded
by a protective barrier.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
a. Outdoor Seating.
1. No person shall operate outdoor seating within the City without first
having obtained an outdoor seating license in accordance with the
requirements of this section. The license shall not be transferable
and shall be for the period of April 15th of the issuing year through
April 14th of the following year. The license shall, however, be subject
to future amendments to this section or other applicable regulations.
2. A person who has received approval by resolution of the Planning
Board or Board of Adjustment for outdoor seating is exempt from the
above licensing requirement. This exemption applies only for the specified
number of seats permitted in the approving resolution. A person seeking
to use more outdoor seating that approved by the Planning Board or
Board of Adjustment shall be required to obtain an outdoor seating
license for the additional seats greater than approved by the Board
of Jurisdiction or seek an amended approval from the Board of Jurisdiction
for the additional seats.
b. Sidewalk Cafe.
1. No person shall operate a sidewalk cafe within the City without first
having obtained a sidewalk cafe license in accordance with the requirements
of § 5- 8.4b.
2. The license shall not be transferable and shall be for the period
of April 15th through November 15th.
3. The license shall, however, be subject to future amendments to this
section or other applicable regulations.
c. Parklet and/or Streatery.
1. No person shall operate a parklet or streatery within the City without first having obtained a parklet or streatery license in accordance with the requirements of Subsection
5-8.4c.
2. No parking space, parking lane or other portion of the public right-of-way
shall be encumbered without prior approval by the Police Department.
No parklet or streatery shall be installed without prior approval
of the Zoning Officer. Use of the right-of-way along a State roadway
may require consent, approval, or waiver by the New Jersey Department
of Transportation.
3. The approval must be on premises and displayed in an unobstructed
location.
4. The license shall not be transferable.
5. The license shall be valid for April 15th through November 15th.
6. The license shall, however, be subject to future amendments to this
section or other applicable regulations.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
The following fees shall be required for the various outdoor
dining options:
a. Outdoor Seating.
1. The annual fee for an outdoor seating license shall be $50 per seat
payable upon submission of an application for a license.
2. Exempt from the annual license are retail food establishments that
have received approval by resolution of the Planning Board or Board
of Adjustment for outdoor seating. This exemption applies only for
the specified number of seats permitted in the approving resolution.
b. Sidewalk Cafe.
1. The application fee shall be $100 payable upon submission of an application
for sidewalk cafe license.
2. The annual fee shall be $50 per seat payable upon submission of an
application for a license.
c. Parklet/Streatery.
1. The application fee shall be $100 payable upon submission of an application
for a parklet or streatery license.
2. The annual fee shall be $1,000 per parking space (or for every 20
feet if a parking space is not marked) payable upon submission of
an application for a license.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
a. Outdoor Seating.
1. Each applicant for an outdoor seating license shall submit and file
an application with the City Clerk together with three copies of an
Outdoor Seating Plan (as defined below), and the appropriate fee.
The application shall set forth:
(a) The name and address of the applicant;
(b) The name and address of the owner of the primary building (if other
than the applicant); and
(c) The name and address of the person who has prepared the Outdoor Seating
Plan; and shall be accompanied by the written authorization and approval
of the owner of the primary building (if other than the applicant).
2. The "Outdoor Seating Plan" shall include the following information
(and such other additional information, if any as may be deemed necessary
and subsequently requested by the City):
(a) Identification of the primary building and all properties immediately
adjacent to such building, including names and addresses of the adjacent
property owners; and
(b) The plan shall be drawn to scale but does not require professional
seals. The scaled drawing of the proposed design and location of the
outdoor seating shall include setbacks, all temporary structures,
equipment and apparatus to be used in connection with its operation,
including tables, chairs, planters, awnings, lighting and electrical
outlets (if any), provisions for storage of such structures, equipment
and apparatus, and the location of any fire hydrant, plug or standpipe,
utility pole, parking meter, or other permanent fixture between the
primary building and the curb, including a clear indication of the
presence of the required pedestrian passageway. If the outdoor seating
is located on private property adjacent to the sidewalk, the plan
shall demonstrate that the pedestrian traffic will in no way be impeded.
(c) A statement of the seating capacity of the proposed outdoor seating
and of the existing retail food establishment actually operated by
the applicant in the primary building. The Zoning Officer in conjunction
with the City Clerk shall approve or disapprove modification of the
Outdoor Seating Plan within 15 business days following its submission.
b. Sidewalk Cafe.
1. Each applicant for a sidewalk cafe license shall submit and file
an application with the City Clerk. The application shall set forth:
(a) The name and address of the business that will be utilizing the sidewalk
cafe;
(b) The name and address of the business operator/owner;
(c) The name and address of the property owner's name in which the business
is located (if different from business operator/owner); and
(d) A signed Hold Harmless clause for use of a sidewalk cafe within the
public right-of-way.
2. The application fee, as specified in Subsection 5-3b.
3. The applicant shall submit three copies of a "Sidewalk Cafe Plan"
and photographs of the storefront and the sidewalk. The "Sidewalk
Cafe Plan" shall include the following information (and other such
additional information, if any as may be deemed necessary and subsequently
requested by the City):
(a) All buildings, trees, street furniture, parking meters, utility poles,
and other obstructions in front of the property within 10 feet of
the proposed sidewalk cafe;
(b) The width of the sidewalk cafe along the building facade;
(c) The depth of the sidewalk cafe measured from the building facade
to the outer partition or extent of tables, chairs, signs and accessories;
(d) The width of the sidewalk measured from the outer partition or extent
of tables, chairs, signs and accessories to the curb;
(e) The identification of building entrance(s), including the establishment's
entrance and any residential entrances;
(f) All proposed partitions, tables, chairs, signs and accessories with
the number of proposed seats identified;
(g) Photographs or renderings of the proposed partitions, as applicable.
4. The applicant shall submit a Certificate of Liability Insurance that
identifies the following:
(a) A copy of the establishment's certificate of liability insurance
in a minimum amount of $1,000,000 per occurrence and $2,000,000 in
aggregate, naming the City of Lambertville and its agents, servants,
and employees as additional insured.
(b) The policy shall be kept in full force and effect during the license
period.
(c) The policy insurance must be occurrence based coverage.
(d) Each Certificate of Insurance required hereunder shall include a
thirty-day cancellation clause which shall provide notice to the Office
of the City Clerk of the City of Lambertville. Any lapse in insurance
coverage, for any reason, will result in the immediate suspension
of the sidewalk cafe license.
5. The applicant shall submit an Insurance Certificate naming the City
of Lambertville as additional insured and showing coverage for BYOB
(Bring Your Own Bottle) and/or serving alcoholic beverages outside
your premises.
6. A letter from the property owner (if different from the business
operator/owner) authorizing a sidewalk cafe in front of the building.
c. Parklet or Streatery.
1. Each applicant for a sidewalk cafe license shall submit and file
an application with the City Clerk. The application shall set forth:
(a) The name and address of the business that will be utilizing the sidewalk
cafe;
(b) The name and address of the business operator/owner;
(c) The name and address of the property owner's name in which the business
is located (if different from business operator/owner);
(d) The type of application the applicant is applying for (i.e. parklet
or streatery);
(e) The proposed days of the week and hours that the parklet or streatery
will be utilized; and
(f) A signed Hold Harmless clause for use of a sidewalk cafe within the
public right-of-way.
2. The application fee, as specified in Subsection 5-3c.
3. The applicant shall submit three copies of a "Parklet or Streatery
Plan" which shall include the following information (and other such
additional information, if any as may be deemed necessary and subsequently
requested by the City):
(a) Length in feet and number of parking spaces (if not demarcated on
the street, then a length of 20 feet per parking space shall be used);
(b) Depth - the distance from the curb to the outer divider/barrier.
Note this dimension will be limited by the parking lane width and
required buffer/offset (if not demarcated on the street, then a width
of seven feet per parking space shall be used);
(c) The identification of hydrants, parking meters, as applicable, utility
poles, street signs and any building entrances within the area;
(d) The identification of building entrance(s), including the establishment's
entrance and any residential entrances;
(e) The number and placement of tables, chairs, signs and any other equipment;
(f) For parklets, an architectural plan or rendering showing the proposed
dimensions and materials of the parklet; and
(g) For streateries, an architectural plan, sketch or rendering showing
the proposed protective barriers and the location of the temporary
ADA curb-ramp(s).
4. The applicant shall submit a Certificate of Liability Insurance that
identifies the following:
(a) A copy of the establishment's certificate of liability insurance
in a minimum amount of $1,000,000 per occurrence and $2,000,000 in
aggregate, naming the City of Lambertville and its agents, servants,
and employees as additional insured.
(b) The policy shall be kept in full force and effect during the license
period.
(c) The policy insurance must be occurrence based coverage.
(d) Each Certificate of Insurance required hereunder shall include a
thirty-day cancellation clause which shall provide notice to the Office
of the City Clerk of the City of Lambertville. Any lapse in insurance
coverage, for any reason, will result in the immediate suspension
of the sidewalk cafe license.
5. The applicant shall submit an Insurance Certificate naming the City
of Lambertville as additional insured and showing coverage for BYOB
(Bring Your Own Bottle) and/or serving alcoholic beverages outside
your premises.
6. A letter from the property owner (if different from the business
operator/owner) authorizing a parklet or streatery front of the building.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
a. Outdoor Seating: All outdoor seating licenses shall be issued from
April 15th and ending April 14th of the following year. Licenses may
be renewed annually by filing of an application in accordance with
the provisions of this section.
b. Sidewalk Cafe: All sidewalk cafe licenses shall be issued from April
15th and ending November 15th of the same calendar year. Licenses
may be renewed annually by filing of an application in accordance
with the provisions of this section.
c. Parlet or Streatery: All parklet and streatery licenses shall be
issued from April 15th and ending November 15th of the same calendar
year. Licenses may be renewed annually by filing of an application
in accordance with the provisions of this section. Parklet or streatery
structures must be removed from the parking zones outside of the permitted
licenses timeframe.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
a. Provisions Applicable to All Outdoor Dining:
1. All outdoor dining activity must obtain the proper permits or licenses
from the City.
2. Tents and Structures require separate approval. Obtaining an outdoor
seating, sidewalk cafe, parklet or streatery license does not grant
permission to erect a tent or structure.
3. All heating equipment must comply with the City's Fire Code.
4. Propane may not be stored in the right-of-way, including sidewalks).
5. Appropriate lighting is required at night.
6. Tables, chairs, accessories, and barriers must be provided by the
licensee.
7. Outdoor dining operations can be shut down if found to be a nuisance
to neighbors.
b. Outdoor Seating. Outdoor seating as authorized and operating pursuant
to this section shall comply with all of the following rules and regulations,
and such others as may be adopted by ordinance of the City Council.
1. The outdoor seating shall be operated and maintained in accordance
with the Outdoor Seating Plan as finally approved, and by the same
person who operates and maintains the abutting retail food establishment.
2. The placement of furniture, apparatus, decoration or appurtenance
used in connection with the operation of the outdoor seating in relation
to any fire hydrant, plug or standpipe permanent fixture shall be
approved by specific written authorization of the Fire Official based
upon his review of the Outdoor Seating Plan.
3. No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the outdoor seating shall be located in such
a way as to impede the safe and speedy ingress and egress to or from
any building or structure.
4. No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the outdoor seating shall be located in or project
or protrude into the required pedestrian passageway.
5. Any table service provided at the outdoor seating shall be provided
be persons engaged or employed for that purpose and shall be furnished
to seated patrons only. Table service is not required, and retail
food establishments that do not provide table service may operate
outdoor seating in which patrons carry their food from inside the
premises to tables located in the outdoor seating.
6. The outdoor area utilized by the outdoor seating shall be kept clear
and free of litter and shall be washed as required. Trash receptacles
shall be provided as required and approved by the City. If no table
service is provided, the trash receptacles shall include those needed
for recycling.
7. Noise shall be kept at such a level as to comply in all respects
with the provisions of applicable ordinances of the City.
8. Outdoor seating shall be permitted to operate only within a licensed
facility and only from 7:00 a.m. until 10:00 p.m. Monday through Thursday
and 7:00 a.m. until 11:00 p.m. Friday through Sunday during the months
of license period, inclusive.
9. Furniture, apparatus, decorations and appurtenances may be secured
in accordance with an Outside Seating Plan which describes the method
for securing same that is specifically approved by the Chief of Police
and Fire Official, with particular attention being given to issues
of ingress and egress and the possibility of the stored material being
used to create a public hazard.
10. No food may be prepared in the outside seating area or outside the
primary building without the approval of the Fire Official.
11. The licensee shall comply with all other ordinances of the City.
12. Outdoor seating is prohibited on the public sidewalk.
c. Sidewalk Cafe. A sidewalk cafe as authorized and operating pursuant
to this section shall comply with all of the following rules and regulations,
and such others as may be adopted by ordinance of the City Council.
1. Sidewalk cafes are permitted so long as a minimum of four feet of
pedestrian walkway is maintained on the sidewalk and provided for
the general public subject to applicable ADA requirements, such as
providing passing spaces at intervals of 200 feet maximum, that are
five-foot by five-foot in dimension or, an intersection of two walking
surfaces providing a T-shaped space with a five-foot square minimum
with arms and base a minimum of three feet wide.
2. Where an operating establishment is located on a corner, all of the
sidewalks fronting the establishment may be used for the sidewalk
cafe.
3. Seating and tables must be up against the wall of the business or
as close as possible unless an alternative design is approved by the
Zoning Officer.
4. The sidewalk cafe area shall be separated from the public portion
of the sidewalk, by a partition that is between 30 inches and 42 inches
in height. The partition shall not obstruct, in any way, patrons,
pedestrians, or public safety personnel from entering or exiting the
establishment. Sidewalk cafes shall be exempt from the partition requirements
provided the projection into the sidewalk is less than three feet
and the Sidewalk Cafe Plan has been approved.
5. At no time shall the sidewalk cafe patrician, tables, chairs and
any other cafe furniture or accessory block any residential entrance.
A clear straight path from door to curb shall be provided and maintained
for public safety reasons.
6. String lights, cafe lights, and similar temporary lights are permitted.
While electrical cords running across the sidewalk are discouraged,
if necessary, the cord shall be covered and secured to the sidewalk.
7. Any overhead covering shall be appropriate in style to the facade
of the building and a permit application for the use of a tent shall
be submitted as may be required. Advertising is not permitted on any
overhead covering.
8. The sidewalk cafe shall be at the same elevation as the sidewalk.
Paint, carpet, platforms or any other surface cover or treatment of
any kind shall not be permitted in the area of the sidewalk cafe,
unless expressly permitted by the governing body.
9. Outside speakers or other sound reproduction devices shall not be
operated or used within a sidewalk cafe for any reason.
10. Smoking shall not be permitted within a sidewalk cafe.
11. The entire sidewalk area in front of the premises, including 18 inches
into the street, must be maintained by sweeping or washing daily or
more frequently, as needed, by the license.
12. No preparation of food or beverages shall take place outdoors but
shall be restricted to the inside of the establishment.
13. No persons, other than those being served and personnel, shall be
within the sidewalk cafe area except for those persons passing through
the sidewalk cafe to enter or exit the premises. Patrons shall not
be served outside of the partition.
14. Holes drilled into the sidewalk for the support of partitions or
overhead coverings shall not be permitted.
15. Establishments that do not have table service, shall provide waste
receptacle(s) for all used containers, wrappers, bottles, cans and
other waste materials. The waste receptacles shall be located within
the sidewalk cafe partition area, and shall be removed from the sidewalk
each day.
d. Parklet or Streatery. A parklet or streatery as authorized and operating
pursuant to this section shall comply with all of the following rules
and regulations, and such others as may be adopted by ordinance of
the City Council.
1. Provisions applicable to parklets and streateries:
(a) Hours of operation shall be between 8:00 a.m. and 9:00 p.m. daily
in residential (R) zones and between the hours of 8:00 a.m. and 11:00
p.m. in commercial (C) and nonresidential zones.
(b) Parklets and streateries shall not be located within 25 feet of a
crosswalk, 10 feet of hydrants or in handicap spaces, fire zones or
loading zones.
(c) The parklet and streatery design shall include a protective safety
barrier, 36-42 inches in height (excluding plantings), around three
sides adjacent to parking spaces and the drive aisle to preserve visibility
for motorists and provide protection for patrons.
(d) The protective safety barrier may be water-filled barriers, concrete
barriers, heavy planters, self-built planters weighted with sand bags,
or objects of similar size and weight, to visible separate seating
from the travel lane and parking areas. These barriers must be at-least
18 inches wide at the base and at least 36 inches high. Barriers may
not penetrate the surface of the public way.
(e) The protective safety barriers shall also comply with design standards
to be created and provided by the City.
(f) Place the protective barriers directly adjacent to each other and
no more than seven feet from the curb.
(g) Do not place seating or barriers within eight feet of a crosswalk
to provide for safe vehicle turns and avoid crowding.
(h) Ensure visibility of patrons and protective barriers at night by
clearly marking all barriers with yellow high intensity retro-reflective
tape or reflectors.
(i) Shade coverings, such as umbrellas or pop-up canopies, may be included
as long as no part of the shade canopy extends into the travel lane
or over the sidewalk; the shade covering must be anchored securely
against wind; and all coverings are closed or removed overnight. Shade
covering shall not contain advertising. Any shade covering shall be
appropriate in style to the facade of the building and an application
for the use of a tent shall be submitted as may be required.
(j) No preparation of food or beverages shall take place outdoors but
shall be restricted to the inside of the establishment.
(k) No persons, other than those being served and personnel, shall be
within the parklet or streatery area. Patrons shall not be served
outside of the protective barrier.
(l) Holes drilled into the sidewalk and/or roadway for the support of
partitions or overhead coverings shall not be permitted.
(m) If being used for non-table service use, refuse containers for trash
and recycling shall be built into the design or provided and shall
be emptied daily by the abutting retail food establishment. The abutting
retail food establishment shall be responsible for cleaning in and
around the parklet or streatery. The City of Lambertville shall not
be responsible for cleaning or maintenance.
(n) String lights, cafe lights, and similar temporary lights are permitted.
While electrical cords running across the sidewalk are discouraged,
if necessary, the cord shall be covered and secured to the sidewalk.
(o) Outside speakers or other sound reproduction devices shall not be
operated or used within a parklet or streatery for any reason.
(p) Smoking shall not be permitted within a parklet or streatery.
(q) The City reserves the right to require the removal or temporary relocation
of any parklet or streatery within 14 days of written notice to the
licensee for purposes of street repairs or other municipal work in
or around the location of the parklet or streatery. The City further
reserves the right to remove or have removed or relocated any parklet
or streatery, upon order of the Police Lieutenant or Office of Emergency
Management, in the case of an emergency or imminent hazard, or for
reasons of public safety.
2. Provisions applicable to a parklet only.
(a) The parklet shall consist of a platform design to be level with the
top of the curb line and the adjacent sidewalk.
(b) The platform shall be designed in such a way as to not impede rainwater
sheet-flow of curbside drainage.
(c) The platform shall not have more than a two-inch gap between planks
of the platform.
(d) The platform shall not obstruct access to or ventilation of utility
covers.
(e) The parklet platform shall also be anchored in such a way as to prevent
floatation displacement.
(f) One permanent sign identifying the abutting retail food establishment
sponsor(s) of the parklet may be installed or painted on the protective
safety barrier. The sign shall not exceed six square feet in size
unless incorporated as an integral part of the design and approved
by the zoning officer.
(g) Lighting, if any, incorporated into the design of the parklet shall
be low voltage, low-lumen and indirect with screening to prevent light
shed onto adjacent properties and the vehicular travel lane. Any overhead
lighting shall be turned off when the parklet is not in use. An exception
may be made for security lighting at floor and bench height, such
an exception may be approved by the Zoning Officer on a case by case
basis.
(h) Upon expiration or termination of the license, the licensee, at his/her/their
own expense, shall remove the parklet platform and any accessory or
appurtenances associated with it from the public right-of-way and
shall restore the right-of-way as nearly as practicable to a condition
consistent with the surrounding pavement. If the licensee fails to
remove the parklet in full, the City may remove such improvements
and make any repairs as may be necessary to restore the public right-of-way,
at the sole cost and expense of the property owner; the cost of such
removal, repair and/or replacement shall be a municipal lien against
the licensee.
3. Provisions applicable to a streatery only.
(a) Temporary ADA curb-ramps must be provided. For streateries up to
two parking spaces or 40 feet in length, one ADA curb-ramp shall be
required centrally located within the streatery. For streateries more
than two parking spaces or greater than 40 feet in length, two ADA
curb-ramps shall be required.
(b) One sign, up to six square feet in size, shall be included for a
streatery up to 280 square feet in size (i.e. seven feet by 40 feet
in size or two parking spaces). For streateries larger than 280 square
feet, two signs, up to six square feet in size, shall be located at
either end of the streatery. Signs shall be positioned on the pavement
within the boundaries of the streatery and not on the adjacent sidewalk.
Signs shall:
(1)
The sign(s) shall clearly state whether the streatery is for
table service only or open to the public, whichever the case may be;
and
(2)
The sign(s) may identify the licensee of the streatery.
(c) Upon expiration or termination of the license, the licensee, at his/her/their
own expense, shall remove the streatery and any accessory or appurtenances
associated with it from the public right-of-way and shall restore
the right-of-way as nearly as practicable to a condition consistent
with the surrounding pavement. If the licensee fails to remove the
streatery in full, the City may remove such improvements and make
any repairs as may be necessary to restore the public right-of-way,
at the sole cost and expense of the property owner; the cost of such
removal, repair and/or replacement shall be a municipal lien against
the licensee.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
The outside area upon which outside seating has been authorized
to operate may permit the consumption of alcoholic beverages as follows:
a. A retail food establishment that does not possess a liquor license
may permit its patrons to consume only beer or wine, which is brought
to the premises, by its patrons.
b. A retail food establishment that possesses a plenary retail consumption
license must amend their liquor license to include the outdoor dining
area in order to permit the consumption of alcoholic beverages by
its patrons.
c. Sidewalk cafes, parklets and streateries that permit patrons to bring
their own alcohol shall adhere to all laws governing B.Y.O.B. as set
forth in N.J.S.A. Title 33, N.J.A.C. 13:2.
d. Alcoholic beverages, when permitted under these requirements, shall
not be served or consumed on any sidewalk or other public area which
is outside the partitioned area of the sidewalk cafe, parklet, streatery
or beyond the tables and chairs where no partition exists.
e. No alcoholic beverages, where permitted, shall be served in a sidewalk
cafe, parklet or streatery before 11:00 a.m. or when restricted by
State or Local Alcoholic Beverage Control (ABC) laws.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
Upon a determination by the Zoning Officer in conjunction with
the City Clerk that a license has violated one or more of such provisions,
the Zoning Officer shall give written notice to the licensee to correct
such violation within 24 hours of the receipt of such notice by the
licensee. In the event that the licensee fails or refuses to correct
such violation within such period, the licensee's outside seating
license thereupon will be revoked.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
Any person aggrieved by any action of the Zoning Officer, in the denial or revocation of an existing outside seating license, shall have the right to appeal to the Mayor and City Council. The appeal shall be taken by filing with the City Clerk, within 30 days after the notice of the action complained of has been served personally upon the licensee, or mailed, postage prepared, to the licensee at the address given by the licensee in making application under Subsection
5-8.4,
a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Mayor and City Council shall conduct a hearing and affirm, modify or reverse the action appealed from.
[Ord. No. 2005-15; amended 12-16-2021 by Ord. No.
24-2021]
Any person convicted of a violation of any of the provisions
of this section shall be subject to a fine of at least $200 and not
exceeding $500 for each and every offense for each day in which the
violation has not been abated. In addition to the penalty the person
shall be responsible for the cost of conviction.
[Ord. No. 07-2013 § 5-12.01]
a. No towing operator shall operate within the City for Police requested
towing services and/or storage services unless the towing operator
has obtained a license issued by the City.
b. Licenses shall be issued on an annual basis for the period of January
1 through December 30.
c. There shall be no limitation on the number of licenses issued and
in effect at one time, so long as each licensee meets the requirements
of this section and complies with the tow operator's rules/regulations
and guidelines established by the City.
d. The application for a license under this section shall be upon forms
made available through the office of the City Clerk.
[Ord. No. 07-2013 § 5-12.02]
No tow operator license shall be required for the on-site repair,
and/or the towing or storage of any vehicle when the request is received
by the towing operator from the motor vehicle owner/operator prior
to a Police request, or if the owner/operator of a motor vehicle requests
the Police to contact a tow company of the owner/operator's choice
for towing and/or storage under the direction and control of the owner/operator.
[Ord. No. 07-2013 § 5-12.03]
a. Applications for the initial license shall be available from and
must be received by the City Clerk on or before November 1 of each
year.
b. The City Clerk will forward all complete applications to the Police
Director within five days of receipt. The Police Director will conduct,
or cause to be conducted, an investigation of each application to
verify the information contained in the application, background check,
survey of equipment, compliance with established rules and regulations,
and such other pertinent matters related to potential licensing or
renewal. Upon concluding the review, the Police Director will return
a copy of the application to the City Clerk, along with a recommendation
for approval or disapproval of a license, and the reasons, if any,
for disapproval. The City Clerk shall issue a tow operator license
to each qualified applicant, and thereafter, the licensee's name shall
be placed on the City Police Department licensed tow operator's list.
The Clerk shall forward to any person rejected for a license, a copy
of his or her application with the reasons for disapproval.
c. The term of the license shall be for one year commencing January
1 and expiring on the next succeeding December 31, and shall list
the name of the tow operator business and each employee licensed thereunder.
d. Each licensee shall be required to maintain in full force and effect
during the term of its license, insurance coverage including garage
liability and garage keeper's liability insurance, comprehensive automobile
liability insurance, and worker's compensation insurance with limits
of not less than those set forth in the tow operator's rules/regulations
and guidelines, and provide proof of such coverages to the City Clerk
at the time of filing of its license application.
e. In the event of any disapproval, suspension or revocation of a license
for failure to comply with this section or the tow operator's rules/regulations
and guidelines, no refund of application fees shall be given, and
payment of another initial application fee shall be required upon
applying for reinstatement.
[Ord. No. 07-2013 § 5-12.04]
All application fees submitted to the City are nonrefundable
and shall be utilized to offset the cost of processing of the application
and license. The fees will be set by resolution adopted by Mayor and
Council.
[Ord. No. 07-2013 § 5-12.05]
a. The Police Department of the City may conduct a thorough background
check of the licensee, its officers, principals, and employees prior
to the granting of a license. A conviction for high misdemeanor and/or
a motor vehicle record evidencing unsafe driving habits or a disregard
for the New Jersey Motor Vehicle Laws, will be considered ample reason
to disqualify any applicant or a particular employee. Each prospective
licensee shall furnish with its application, executed background check
waivers for all officers, principals and employees, in the form provided
by the Police Director.
b. Each licensee shall submit the names of all employees newly hired
during the term of the license for a review and background check,
which may be performed by the City Police Department prior to such
individual being added to the license and performing any services
as described in this section. The license shall be subject to revocation
for failure to submit employees to such a background check.
[Ord. No. 07-2013 § 5-12.06]
a. The Police Director shall have the right, in his or her sole discretion,
to disapprove and suspend or revoke any license issued under this
section, upon investigation and the determination that there has been
a violation of the tow operator's rules/regulations and guidelines
and/or this section by the licensee or its employees.
b. The Police Director shall be the sole administrator of the Police
Department's licensed Tow Operator's List. All complaints concerning
any licensed tow truck company/operator shall be forwarded to the
Police Director for review and investigation.
c. Any license suspension or revocation shall cause the tow company
to be removed from the Tow Operator's List. A licensed tow company
which has been suspended or revoked may reapply in accordance with
the provisions of this section to be placed on the list as of October
1 of the year after the suspension or revocation.
d. An applicant or licensee shall have the right to appeal the decision
of the Police Director to the Mayor and Council to disapprove, suspend
or revoke its license. Any aggrieved party may appeal the decision
of the Police Director by providing a written statement of appeal
containing the facts and supporting documentation to the Mayor within
seven days of the date of such disapproval, suspension or revocation.
Within 14 days of the receipt of the appeal, the Mayor shall
investigate the matter and issue a written report thereon, with copies
to the aggrieving party, the Police Director and the City Clerk.
In the event that the matter is not resolved to the satisfaction
of the aggrieved party, then the aggrieved party may request a final
review of such action by the City Council, by filing a written request
with the office of the City Clerk within seven days of the date of
the Police Director's written report. Thereafter, the City Council
will conduct a review of the matter and issue a final determination
no later than the second regular City Council meeting next following
the receipt of the written request by the City Clerk.
[Ord. No. 07-2013 § 5-12.07]
The Police Director is directed to monitor, and from time to
time, recommend to the Mayor and Council, amendments to the tow operator's
rules/regulations and guidelines for consideration and enactment by
formal resolution of the Mayor and Council at a public meeting. Prior
to the adoption of any amendment to these initial tow operator's rules/regulations
and guidelines, the Police Director shall provide to each tow operator
licensed under this section, a copy of such proposed amendment at
least five days in advance of the public meeting at which the Mayor
and Council will consider such recommendations.
[Ord. No. 07-2013 § 5-12.08]
There is established and adopted, a maximum fee rate schedule
for the towing and storage by licensees under this section. The maximum
fee rate schedule set forth herein shall also be made part of the
rules, regulations and guidelines for tow operators, and shall be
subject to adjustment, which will be authorized by resolution of the
Governing Body and shall include the following categories and be in
accordance with N.J.S.A. 56:13-1 et seq. and N.J.A.C. 13:45A-31.4.
a. Basic Towing Services.
Days (8:00 a.m. to 4:30 p.m.), first mile Nights, weekends and
N.J. State holidays, first mile Each additional mile
b. Storage Fees.
Inside storage per 24 hours (must have been requested)
Outside storage per 24 hours
Storage and storage fees must be in compliance with N.J.A.C.
13:45A-31.4.
c. Other Services. Tire changing, jump starts, fuel, etc., shall be
at the basic rate set out in paragraph a of this section. Cleaning
up and bagging of liquid spills is an additional expense. The above
towing fees do not include heavy duty towing but apply only to a private
passenger automobile/utility vehicle. Additional services as may be
required for recovery such as uprighting of vehicle, etc. which are
considered to be "special cases" may be charged.
AFTER HOURS PICKUP - Shall mean after hours pickup from storage
facility.
STAND-BY TIME - Shall mean time at scene of major accidents
when so required by police and does not include heavy duty towing.
BASIC TOWING SERVICE -Shall mean the removal and transportation
of an automobile from a highway, street or other public or private
road, or a parking area, or from a storage facility, and other services
normally incidental thereto, but does not include recovery of an automobile
from a position beyond the right- of-way or berm, or from being impaled
upon any other object within the right- of-way or berm.
REASONABLE YARD CHARGE - Shall mean a one-time charge for crash
vehicles that are leaking fluids and store in the tow operators yard.
ADDITIONAL FEES - Shall mean charges not mentioned in this section
which are prohibited.
d. If a licensed tow operator tows a vehicle at the request of the Police
Department, and it is determined by the Police that the vehicle is
abandoned, and then the Police Department will direct that the vehicle
will then be towed to the Police Impound Yard. The tow operator may
then charge the City for a basic daytime tow rate if the vehicle was
towed during the day, or the basic night, weekend or holiday rate
if the vehicle was towed during that time. The City will only pay
the basic rates. All other fees will not apply (mileage, cleanup,
storage, etc.).
[Ord. No. 07-2013 § 5-12.09]
All licensees, by applying for and accepting a tow operator's
license under this section, agree to and shall indemnify and hold
the City and its officers and employees harmless from any liability,
expense or costs of suit, including reasonable attorney's fees and
costs, arising out of or resulting from any action of the tow operator
in performing towing and storage services in the City as a licensee
under this section. This indemnification clause shall be included
as part of the application for a license and shall also be printed
on the applicant's license.
[Ord. No. 07-2013 § 5-12.10]
Any person or entity that shall be found to have violated any provision of this section, or to have submitted a false or misleading application, shall in addition to penalties hereinafter provided in this chapter, be subject to removal from the tow operator's list and/or suspension or revocation of their license. Upon conviction of a violation of this section, the person or entity shall be punishable by the fines and penalties stated in Chapter
1, Section
1-5, General Penalty.
[Ord. No. 11-2016]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering scrap metal by requiring
minimum identification, reporting, maintenance, and distribution criteria
for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of scrap metal without
complying with the requirements of this section in the exact manner
described within.
[Ord. No. 11-2016]
ACCEPTABLE IDENTIFICATION
Shall mean a current valid New Jersey Driver's License or
Identification Card, a current valid photo driver's license issued
by another US State, a valid United States Passport, or other verifiable
US Government issued identification, which will be recorded on the
receipt retained by the dealer and subsequently forwarded to the local
police department on request.
DEALER
Shall mean any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates a scrap metal business involving the buying and/or
selling of scrap metal as defined herein, including itinerant businesses,
and transient buyers as defined herein.
ITINERANT BUSINESS
Shall mean any scrap metal dealer who conducts business intermittently within the municipality or at varying locations. All itinerant business owners must also comply with Section
5-5 of the Lambertville City Code, 2014.
MUNICIPAL CLERK
Shall mean the statutory officer whose duties are defined
in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of
the "city," "town," "township," "village," or "borough."
PUBLIC
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Shall mean every transaction conducted between a dealer and
a member of the public in which scrap metal is purchased or pawned.
SCRAP METAL
Shall mean used, discarded, or previously owned items that
consist predominantly of ferrous metals, aluminum, brass, copper,
lead, chromium, tin, nickel, or alloys.
SCRAP METAL BUSINESS
Shall mean a commercial establishment, which, as one of its principal business purposes, purchases scrap metal for purposes of resale or processing including transient buyers of scrap metal and itinerant businesses, as defined herein. All Itinerant Business owners must also comply with Section
5-5 of the Lambertville City Code, 2014.
SELLER
Shall mean a member of the public who sells scrap metal to
a dealer.
TRANSIENT BUYER
Shall mean an operator of scrap metal business, as defined
herein, who has not been in the scrap metal business continuously
for at least six months at any address in the municipality where the
dealer is required to register who intends to close out or discontinue
the scrap metal business within six months.
[Ord. No. 11-2016]
No person, partnership, Limited Liability Company, corporation, or other entity shall engage in a scrap metal business, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefore from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly person's offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign regarding the purchase of scrap metal at any location within the municipality shall constitute engaging in business as a dealer of scrap metal within the jurisdiction of the municipality for the purposes of this section. No person, partnership, Limited Liability Company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such item(s) without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of the section and shall be subject to the penalties established in subsection
5-10.9.
[Ord. No. 11-2016]
a. Upon receipt of an application completed pursuant to this chapter,
the Municipal Clerk shall refer such application to the Police Director,
who shall make an investigation of the prospective licensee, pursuant
to this section for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
1. The experience of the applicant in the business of purchase and sale
of scrap metal, although nothing in this section shall be construed
to warrant denial of a license solely on the basis of lack of experience;
2. The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3. Any criminal record of the applicant including any past convictions
for any crime(s), disorderly person's offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Police Director
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4. The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection
5-10.6d of this section will be stored as well as the location where scrap metal goods purchased will be retained during the mandatory inspection period required in subsection
5-10.6a of this section. All itinerant business owners must also comply with Section
5-5 of the Lambertville City Code, 2014.
b. The Police Director shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Police Director within that period, the Police
Director may, if all other factors are satisfactory, recommend a conditional
issuance of the license subject to the finding regarding criminal
record.
c. The Police Director shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of denial,
shall state fully and specifically the reasons for said recommendation.
If the Municipal Clerk accepts the recommendation of the Police Director
to deny any license, the applicant shall be notified in writing within
10 days of such denial and the Clerk shall forward to the applicant
a statement of the reason or reasons for such denial.
d. Grounds for recommending denial of license may include reliable information indicating the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to scrap metal business. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation are an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection
5-10.5, the retention and inspection requirements of subsection
5-10.6, or any other portion of this section. Upon receipt of the recommendation of the Police Director, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection
5-10.7 of this section.
e. Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Police Director, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a scrap metal business.
f. No license shall be assignable by the dealer.
[Ord. No. 11-2016 § 5]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a. Require of each member of the public selling scrap metal acceptable identification as defined above in subsection
5-10.2.
b. Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c. Record and issue to each person selling scrap metal on a sequentially
numbered receipt:
1. The name, address and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2. The name, address, date of birth and telephone number of the seller
or sellers;
3. A photographed recording of the seller in a format acceptable to
the Police Director, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4. A photographed recording of the seller's presented acceptable identification, as set forth in subsection
5-10.2, in a format acceptable to the Police Director;
5. A photographed recording for all items sold in a format acceptable
to the Police Director;
7. A full description of the item(s) purchased, including but not limited
to the manufacturer, type, amount, form, model, any identifying marks,
numbers, dates, sizes, shapes, initials, monograms, and serial numbers;
8. The price paid for the item(s);
9. The make, model and license plate of the motor vehicle delivering
the scrap metal;
10. The time and date of the transaction.
d. The information outlined in paragraph c above must additionally be
documented through the use of an electronic database software system
authorized by the Police Director. Installation and training in this
software will be made mandatory as of the effective date of this section
and licensing will be conditional upon compliance with proper use
of the system as described herein. These records shall be subject
to the inspection of any authorized police officer or any sworn law
enforcement officer acting in the performance of their duty as set
forth in paragraph f below. Through the use of applicably required
computer equipment, and using the electronic format approved by the
Police Director, every dealer shall enter all reportable transactions
into the electronic database by the end of close of business on the
same date as the purchase. The information entered must contain all
pertinent information outlined in paragraph c above.
e. In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Police Director within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in paragraph c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in subsection
5-10.6.
f. It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal as well as the articles purchased and, where necessary, relinquish custody of those articles as provided in subsection
5-10.6. Itinerant businesses and transient buyers will be responsible for notifying the Police Director of the address where records and articles will be stored.
g. For all reportable transactions between a dealer and a member of
the public, the dealer may only accept delivery of scrap metal for
purchase by motor vehicle and the license plate of the motor vehicle
must be recorded as provided in paragraph c above.
h. No scrap metal business shall, except as provided in paragraph i
below, purchase:
1. Any metal marked with identification of a telephone, cable, electric,
water, other public utility, or government entity;
2. Any utility access or water meter cover;
3. Any street light pole or fixture;
4. Any road or bridge guard rail;
5. An highway or street sign, traffic directional or control sign, or
light signal;
6. Any metal beer keg that is clearly marked as being the property of
the beer manufacturer;
7. Any historical marker, grave marker, or burial vase;
8. Any central air conditioner evaporator coils or condensers or catalytic
converters that are not attached to a vehicle; or
9. Any metal bleachers or benches.
i. The provisions of paragraph h shall not apply to purchases of scrap
metal from entities who manage such metal in the ordinary course of
business. These entities include manufacturing, industrial, government,
contractor, individual, or other commercial venders or scrap metal
businesses that generate or purchase or process scrap metal in the
ordinary course of business.
[Ord. No. 11-2016 § 6]
a. All scrap metal purchased by a dealer in a reportable transaction are to be made available for inspection by the Police Director or designee thereof at the designated business address for a period of at least seven calendar days from the date of the transaction information is actually reported to the Police Director in the approved manner described above in subsection
5-10.5. All scrap metal subject to inspection must remain in the same condition as when purchased and shall not be sold, disposed of, changed, modified, or melted by the dealer until the seven-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Police Director of the location where the purchased scrap metal is being held.
b. Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection
5-10.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:2-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c. It shall be an affirmative defense to any prosecution or administrative
proceeding brought against a dealer for a violation of this section
if retention for the time period required would have resulted in serious
and substantial economic losses to the dealer, or the probability
of such losses was significant due to rapid and highly fluctuating
market conditions, provided that the persons so charged shall prove
the existence of the market conditions giving rise to the aforesaid
defense by a preponderance of the evidence. Market conditions, in
order to be a defense hereunder, must be such that financial analysts
would characterize trading as at or approaching a level or occurrence
so as to clearly distinguish trading conditions from normal variations
in the market movement in response to economic news or other events.
d. In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of scrap metal in the manner prescribed in subsection
5-10.5c.
e. No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Police Director or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f. Suspension. The Police Director or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection
5-10.9 of this section.
1. Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statue, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2. Procedure for Suspension. Upon determination that appropriate grounds
exist and that a suspension is warranted, the Police Director or a
designee hereof shall issue a written notice of suspension of license
to the offending dealer and to the Municipal Clerk, which shall set
forth the grounds for suspension and notify the dealer of his or her
right to appeal, pursuant to paragraph h. A temporary suspension shall
be issued immediately, pending the outcome of any appeal taken. Suspended
dealers must immediately cease all purchasing and/or selling of scrap
metal in the municipality until reinstatement.
3. Reinstatement. Suspended dealers may be reinstated only when the
grounds leading to the suspension have, in the determination of the
Police Director or designee, been cured, corrected or appropriately
rectified; or if reinstatement is deemed appropriate by the three-person
panel appointed by the Police Director, upon the timely filing of
an appeal as provided in paragraph h.
g. Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Police Director or designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection
5-10.9.
1. Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any regulations or local ordinances
within this or any jurisdiction.
2. Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Police Director or designee
shall so report to the Municipal Clerk in writing. A temporary suspension
will immediately and automatically issue, if one is not already in
effect, pending the outcome of the charge. A three-person panel, appointed
by the Police Director, shall review the stated grounds for revocation
and the panel shall issue an appropriate disposition of either suspension,
revocation or reinstatement. If the panel determines that revocation
is the appropriate disposition, it shall set forth the grounds for
the same in writing in the form of a notice of revocation, which shall
be provided to the dealer. The notice shall advise the dealer of the
right to appeal. If the panel determines that suspension is the appropriate
disposition, it shall provide the dealer with a notice of suspension
that shall advise the dealer of the right to appeal. Following revocation,
the dealer must relinquish his or her license and must immediately
and indefinitely cease operating a scrap metal business within the
municipality.
h. Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Police Director, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
i. A dealer shall have the right to change the location of the licensed
business, provided that he or she notified the Municipal Clerk, in
writing, of the street address of said new location.
[Ord. No. 11-2016 § 7]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this section, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the party
(City of Lambertville), be and remain for the benefit of any person
who shall obtain a judgment against obligor and a result of damage
sustained in operation pursuant to any license granted under this
chapter." Said bond shall be kept for a minimum of one year from the
date of issuance of license and must be renewed annually along with
the license.
[Ord. No. 11-2016 § 8]
A nonrefundable fee for the initial application and license for an operator of scrap metal business, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer will be required to pay in relation to the mandatory electronic database system designated by the Police Director, as provided by subsection
5-10.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 11-2016 § 9]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in subsection
5-10.6f and
g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection
5-10.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 11-2016 § 10]
a. Any person, partnership, Limited Liability Company, corporation,
or other entity engaging in the scrap metal business shall conform
to the provisions of this section within 90 days following the effective
date of this section.
b. All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c. Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing scrap metal business, as in N.J.S.A.
45:28-1 et seq. or any other statutory provision regarding any subject
matter discussed herein.
d. If any subsection, sentence, clause, phrase, or portion of this section
is for any reason held to be invalid or unconstitutional by a court
of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.
[Added 11-16-2023 by Ord. No. 32-2023]
[Added 11-16-2023 by Ord.
No. 32-2023]
The following terms shall have the meanings indicated below:
DANGEROUS CONDITION
Shall mean a condition that creates a substantial risk of
injury to life and/or property.
OWNER
Shall mean any person alone or jointly or severally with
others:
a.
Who has legal or equitable title to any premises, with or without
accompanying actual possession thereof;
b.
Who has equitable title and is either in actual possession or
collects rents therefrom;
c.
Who, as executor, executrix, trustee, guardian or receiver of
an estate or as mortgagee or as vendee in possession, either by virtue
of a court order or by agreement or voluntary surrender of the premises
by the person holding the legal title, or as collector of rents, shall
have charge, care or control of any dwelling, boardinghouse or lodging
house; or any such person thus representing the person holding the
equitable or legal title, all of whom under this chapter shall be
bound to comply with the provisions hereof and any rules and regulations
adopted pursuant thereto to the same extent as if they were the persons
holding the legal or equitable title.
OWNER-OCCUPIED
Shall mean the owner of the property who resides in the short-term
rental property, or in the principal residential unit with which the
short-term rental property is associated on the same lot, and identifies
the same as his or her principal residence as that term is defined
in this section. For purposes of this section, if the owner of the
property is an entity other than an individual or individuals, then
at least one principal or member of the owner entity must reside in
the short-term rental property, or in the principal residential unit
with which the short-term rental property is associated on the same
lot, and identify same as his or her principal residence as that term
is defined in this section.
PRINCIPAL RESIDENCE
Shall mean the address:
a.
Where at least one of the property owners spends the majority
of their non-working time;
b.
Which is most clearly the center of their domestic life; and
c.
Which is identified on their driver's license or State
identification card as being their legal address. All the above requirements
must be met in order for an address to constitute a principal residence
for purposes of this section.
PROPERTY
Shall mean a parcel of real property located within the boundaries
of the City of Lambertville, Hunterdon County, New Jersey.
RESPONSIBLE PARTY
Shall mean the short-term rental property owner or a person,
including, but not limited to, any property manager, designated by
the owner to be called upon and be responsible at all times during
the period of a short-term rental and to answer for the maintenance
of the property, or the conduct and acts of occupants of the short-term
rental property, and, in the case of the property manager, to accept
service of legal process on behalf of the owner of the short-term
rental property.
SHORT-TERM RENTAL (hereinafter "STR")
Shall mean the accessory use of a dwelling unit as defined
in this section for occupancy by someone other than the unit's
owner or permanent resident for a period of 31 or fewer consecutive
days, which dwelling unit is regularly used and kept open as such
for the lodging of quests, and which is advertised or held out to
the public as a place regularly rented to transient occupants as defined
in this section.
SHORT-TERM RENTAL PROPERTY (hereinafter "STRP")
Shall mean a residential dwelling unit as defined in this
section, that is used and/or advertised for rent as a short-term rental
for transient occupants as guests, as those terms are defined in this
section.
SHORT-TERM RENTAL PROPERTY AGENT
Shall mean any New Jersey-licensed real estate agent or other
person designated and charged by the owner of a short-term rental
property, with the responsibility for making the short-term rental
application to the City on behalf of the owner, and fulfilling all
of the obligations in connection with completion of the short-term
rental property permit application process on behalf of the owner.
Such person shall be available for and responsive to contact on behalf
of the owner at all times.
SUBSTANTIATED COMPLAINT
Shall mean a civil or criminal complaint, summons, or notice
of violation(s) that is supported by substantial evidence.
TRANSIENT OCCUPANT
Shall mean any person or a guest or invitee of such person,
who, in exchange for compensation, occupies or is in actual or apparent
control or possession of residential property, which is either: 1)
registered as a short-term rental property, or 2) satisfies the definition
of a short-term rental property, as such term is defined in this section.
It shall be a rebuttable presumption that any person who holds themselves
out as being an occupant or guest of an occupant of the short-term
rental is a transient occupant.
[Added 11-16-2023 by Ord.
No. 32-2023]
a. It shall be unlawful for any owner of any property within the geographic
bounds of the City of Lambertville, Hunterdon County, New Jersey,
to rent, operate, or advertise a short-term rental in a manner that
is contrary to the procedures and regulations established in this
section or applicable state law.
b. Short-term rentals shall only be permitted to be conducted in the
following classifications of property in the City of Lambertville:
1. Dwelling units located in a condominium association, homeowners'
association, or cooperative association, where the association's
bylaws, master deed, or other relevant governing document permits
short-term rentals and where the owner of the unit legally identifies
an address within the association as his or her principal residence;
and
2. Individually or collectively owner-occupied single-family residences;
and
3. Two dwelling units within a two-family residential dwelling, where
one unit is owner-occupied as that term is defined in this section.
c. Short-term rentals shall not be permitted in a multiple dwelling
in which rent is: set by the United State Department of Housing and
Urban Development (HUD), set by a State agency, or set by an agreement
between the City and the owner/developer.
d. The following shall not be permitted to operate as short-term rentals
pursuant to this section: rooming house, dormitory, public or private
club, convalescent home, rest home, home for aged people, adult family
care homes, assisted living facilities, community residences for developmentally
disabled persons, community shelters for victims of domestic violence,
senior housing, nursing homes, foster home, halfway house, transitional
housing facility, or other similar facility operated for the care,
treatment, or reintegration into society of human beings; any housing
owned or controlled by an educational institution and used exclusively
to house students, faculty or other employees with or without their
families; any housing operated or used exclusively for religious,
charitable or educational purposes; or any housing owned by a governmental
agency and used to house its employees or for governmental purposes.
e. The person offering a dwelling unit for short-term rental use must
be the owner of the dwelling unit. A tenant of a property may not
apply for a short-term rental permit, nor shall the property or any
portion thereof be subleased by the tenant on a short-term basis,
or operated as a STRP by the tenant except as provided below. This
STRP regulation shall supersede any conflicting provision in a private
lease agreement permitting subleasing of the property, or any portion
of the property. Violation of this section will result in enforcement
action against the tenant, the STRP owner, the short-term rental agent,
and the responsible party, and will subject all such parties to the
issuance of a summons and levying of fines and/or penalties.
f. If, at the time of the adoption of this chapter, an owner is operating
a property as short-term rental, it may continue to operate a non-owner-occupied
property as a short-term rental, provided that the following conditions
are met:
1. The short-term rental property is registered with the City as of
the date of adoption of this section, notwithstanding the owner-occupied
requirements;
2. A designated individual must be available to be called upon and be
responsible at all times during the period of a short-term rental
and to answer for the maintenance of the property, or the conduct
and acts of occupants of the short-term rental property, and, in the
case of the property manager, to accept service of legal process on
behalf of the owner of the short-term rental property; and
3. The non-owner-occupied property is in compliance with the remainder
of this chapter.
g. If, at the time of the adoption of this chapter, a currently operating
short-term rental that is not eligible for a short-term rental permit
under this chapter has an existing contract with a transient occupant
to use the short-term rental for some period of time before January
1, 2024, the requirements of this chapter shall not apply to the preexisting
contract. During the unpermitted operation of a short-term rental
pursuant to this subsection, the responsible party must, upon request
by the City, provide documentation indicating that:
1. The short-term rental was in operation before the adoption of this
chapter; and
2. The short-term rental contract was made before the adoption of this
chapter. If the requested documentation is not provided to the City
within 20 days of the request, it shall constitute a violation of
this chapter.
h. If, at the time of the adoption of this chapter, a short-term rental
property is being operated by a tenant, the tenant may continue to
do so without a permit as prescribed by this chapter for the duration
of the lease or until January 1, 2024, whichever occurs sooner. During
the unpermitted operation of a short-term rental pursuant to this
subsection, the responsible party must, upon request by the City,
provide documentation indicating that:
1. The short-term rental was in operation before the adoption of this
chapter; and
2. That the tenant-operator's lease was not renewed after the adoption
of this chapter. If the requested documentation is not provided to
the City within 20 days of the request it shall constitute a violation
of this chapter.
[Added 11-16-2023 by Ord.
No. 32-2023]
a. In addition to any land use requirement(s) set forth in the City
of Lambertville land use regulations, the owner/operator of a short-term
rental property shall obtain a short-term rental permit from the City
of Lambertville, before renting or advertising for rent any short-term
rental. The application for a short-term rental permit must meet the
following initial requirements to be considered:
1. For existing short-term rentals, the applicant must not have had
more than one documented dangerous condition, as defined in this section,
within the last year; and
2. For existing short-term rentals, the applicant must have no violations
of the City of Lambertville's Noise Ordinance, located in Chapter
4-2.1 and Chapter 4-2.2 of this Code, within the last two years. A
violation of the Noise Ordinance means a documented violation by the
City of Lambertville Municipal Court; and
3. In the event that any code violations have been issued by the City
relating to the STRP, a short-term rental permit shall not be issued
until such time as such violations have been properly abated. The
STRP owner must also close any open construction permits for the property
prior to the issuance of a short-term rental permit; and
4. The applicant must be current with all city taxes, water, and sewage
charges; and
5. All fines or penalties issued by the Municipal Court for the City
of Lambertville for any past code violations relating to the STRP,
including penalties for failure to appear in Court, must be satisfied
in full prior to the issuance of a short-term rental permit.
b. No person or entity shall operate a STRP, or advertise a residential
property for use as a STRP, without the owner/operator of the property
first having obtained a STR permit issued by the City. The failure
to obtain a valid STR permit prior to using or advertising the STRP
in any print, digital, or internet advertisement or web-based platform,
and/or in the multiple listing service (hereinafter "MLS") or any
realtor's property listing shall be a violation of this chapter.
No STR permit issued under this section may be transferred or assigned
or used by any person or entity, other than the owner to whom it is
issued, or at any property location or dwelling unit other than the
property for which it is issued.
c. An owner of property, intended to serve as a STRP, or any agent acting
on behalf of the owner, shall submit to the City a STR permit application
provided by the City, along with a registration fee of $250. Said
fee shall be nonrefundable, including in the event that the application
is denied.
d. A short-term rental permit shall be renewed on or by April 1 of each
year, by submitting to the City, a short-term rental permit application,
and a registration fee of $250. A penalty of $50 shall apply to any
application submitted after April 1. Applications received after June
30 will be subject to a penalty fee of $100. Applications received
after September 30 will be subject to a penalty fee of $150.
e. All short-term rentals must comply with Chapter
11, Fire Prevention, and pay the necessary fees.
f. The short-term rental permit shall expire automatically when the
STRP changes ownership, and a new initial application and registration
fee will be required in the event that the new owner intends to use
the property as a STRP. A new application shall also be required for
any STR that had its short-term rental permit revoked or suspended.
[Added 11-16-2023 by Ord.
No. 32-2023]
a. Applicants for a short-term rental permit shall submit, on an annual basis, an application for a short-term rental permit to the City. The application shall be furnished on a form specified by the Clerk's Office, accompanied by the nonrefundable application fee as set forth in Subsection
5-11.3 above. Such application shall include:
1. The name, address, telephone number and email address of the owner(s) and, if applicable, designated person of record of the dwelling unit, pursuant to Subsection
5-11.2f herein, for which a permit is sought. If such owner is not a natural person, the application must include and identify the names of all partners, officers and/or directors of any such entity, and the personal contact information, including street address, email address and telephone numbers for each of them;
2. The address of the proposed STR;
3. The owner's sworn acknowledgement that he/she is in compliance with the requirement that the STRP constitutes the owner's or, if applicable, the principal residence of the designated person pursuant to Subsection
5-11.2f herein, as defined in this section;
4. The name, address, telephone number and email address of the short-term
rental property agent or designated responsible party, which shall
constitute his/her seven-day a week, twenty-four-hour a day contact
information;
5. Copies of the most recent tax payment and sewer utility payment from
the STRP that are less than 30 days old; and
6. The owner's sworn acknowledgement that he/she has received a
copy of this chapter, has reviewed it, understands its requirements,
and certifies as to the accuracy of all information provided in the
permit application;
7. The number and location of all off-street parking spaces available
to the premises. The owner shall certify that every effort will be
made to avoid and/or mitigate issues with on-street parking in the
neighborhood in which the STR is located, resulting from excessive
vehicles generated by the STR of the property, in order to avoid a
shortage of parking for residents in the surrounding neighborhood;
8. The owner's agreement that all renters of the STRP shall be
limited to one vehicle per two occupants in the STRP;
9. The owner's agreement to use his or her best efforts to assure
that use of the STRP by all transient occupants will not disrupt the
neighborhood, and will not interfere with the rights of neighboring
property owners to the quiet enjoyment of their properties;
10. If an owner is applying for a short-term rental permit for a property that is not owner-occupied, in accordance with Subsection
5-11.2f of this chapter, the owner must provide documentary proof that the non-owner-occupied property was in use as a short-term rental property at the time of adoption of this chapter; and
11. Any other information that this chapter requires a property owner
to provide to the City in connection with an application for a certificate
of occupancy. The Mayor, or their designee, shall have the authority
to obtain additional information from the STRP owner/applicant or
amend the permit application to require additional information, as
necessary, to achieve the objectives of this chapter; and
12. Proof of the owner's current ownership of the short-term rental
unit;
13. Proof of general liability insurance in a minimum amount of $500,000;
14. Proof that the owner has paid, or has registered to make payment,
to the State of New Jersey of any transient occupancy tax for any
short term rental property, which properties are subject to taxation
pursuant to N.J.S.A. 54:32B-3(d).
b. Every initial application for a short-term rental permit shall require
documentation indicating that the property has been inspected for
compliance with the City's fire safety regulations and lead-based
paint regulations. Thereafter, upon renewal, the applicant must present
documentation that the property has been inspected for continued compliance
with the City's fire safety and lead-based paint regulations.
c. A zoning compliance certificate, which states that the premises are
not being occupied or used in violation of the City's Land Use
Regulations and Zoning Ordinances, shall be required with the initial
application.
d. The STRP owner/permit holder shall publish the short-term rental
permit number issued by the City in every print, digital, or internet
advertisement, and/or in the MLS or other real estate listing of a
real estate agent licensed by the New Jersey Real Estate Commission,
in which the STRP is advertised for rent on a short-term basis.
e. In no event shall a STRP be rented to anyone younger than 21 years
of age. The primary occupant of all short-term rentals executing the
agreement between the owner and the occupant must be over the age
of 21, and must be the party who will actually occupy the property
during the term of the short-term rental. The primary occupant may
have guests under the age of 21 who will share and occupy the property
with them. Both the primary occupant executing the short-term rental
agreement and the STRP owner shall be responsible for compliance with
this provision, and shall both be liable for a violation, where the
STRP is not occupied by at least one adult over the age of 21 during
the term of the STR. No one under 18 years of age shall be permitted
on the premises of a STRP unless they are accompanied by their legal
guardian.
[Added 11-16-2023 by Ord.
No. 32-2023]
a. Once an application is submitted, complete with all required information
and documentation and fees, the City, following any necessary investigation
for compliance with this section, shall either issue the short-term
rental permit or issue a written denial of the permit application,
with the reasons for such denial being stated therein within 30 days,
provided access to the STRP is provided by the owner or owner's
STR agent.
b. If denied, the applicant shall have 10 business days to appeal the
denial, in writing, to the City Clerk.
c. Within 30 days thereafter, the Mayor or his/her designee shall hear
and decide the appeal.
[Added 11-16-2023 by Ord.
No. 32-2023]
a. All STRs must comply with all applicable rules, regulations and ordinances
of the City of Lambertville and all applicable rules, regulations
and laws of the State of New Jersey, including regulations governing
such lodging uses, as applicable. The STRP owner shall ensure that
the STR is used in a manner that complies with all applicable laws,
rules and regulations pertaining to the use and occupancy of a STR.
b. The owner of a STRP shall not install any advertising or identifying
mechanisms, such as signage, including lawn signage, identifying the
property for rent as a STRP.
c. Transient occupants of the STRP shall comply with all ordinances
of the City of Lambertville, including, but not limited to, those
ordinances regulating noise and nuisance conduct. Failure of transient
occupants to comply shall subject the transient occupants, the owner
of the STRP, the responsible party, and the short-term rental agent
listed in the short-term rental permit application, to the issuance
of fines and/or penalties, and the possibility of the revocation or
suspension of the STRP permit.
d. The owner of a STRP shall post the following information in a prominent
location within the STR:
1. Owner name, and if owner is an entity, the name of a principal in
the entity, email address and phone number for the principal;
2. The names, email addresses, and phone numbers for the responsible
party and the short-term rental agent as those terms are defined in
this chapter;
3. The phone numbers for the Lambertville Police Department;
4. The maximum number of designated parking spaces available for STR
use on-site;
5. Trash and recycling pickup day, and all applicable rules and regulations
regarding trash disposal and recycling;
6. Notification that a guest, transient occupant, the short-term rental
property agent, the responsible party or STRP owner may be cited or
fined by the Lambertville Police Department or the City of Lambertville
for violations of, and in accordance with any applicable ordinance(s)
of the City of Lambertville;
7. A copy of Lambertville's Community Emergency Response Team (C.E.R.T)
Emergency Checklist and Plan.
e. If any of the information required by paragraph d above is inaccurate
while displayed in the STR, it shall constitute a violation of this
chapter.
f. In the event that any complaints are received by the Lambertville
Police Department, or the City of Lambertville regarding the STR and/or
the transient occupants and the owner of the STRP is unreachable or
unresponsive, both the responsible party and the short-term rental
agent listed in the short-term rental permit application shall have
the responsibility to take any action required to properly resolve
such complaints, and shall be authorized by the STRP owner to do so.
g. While a STRP is rented, the owner, the short-term rental agent, or
the responsible party shall be available 24 hours per day, seven days
per week for the purpose of responding within two hours to complaints
regarding the condition of the STRP premises, maintenance of the STRP
premises, operation of the STRP, or conduct of the guests at the STRP,
or nuisance complaints from the Lambertville Police Department, or
neighbors, arising by virtue of the short-term rental of the property.
h. If the STRP is the subject of three or more substantiated complaints,
the Mayor or his/her designee shall revoke the short-term rental permit
issued for the STRP, in which case, the STRP may not be the subject
of a new STRP permit application for one year following the date of
revocation of the permit. The Mayor or his/her designee shall retain
the discretion to revoke a short-term rental permit in the event of
a single substantiated complaint if, in his/her sole discretion, the
interests of the City and its residents justify immediate revocation.
In the event that an STRP is the subject of a civil and/or criminal
complaint and/or code violation that involves a dangerous condition,
as defined in this section, the Mayor or his/her designee may, at
their sole discretion, suspend the STRP's short-term rental permit
pending substantiation.
i. In the event that the City receives two substantiated complaints
concerning excessive vehicles belonging to the transient occupants
of a STRP, the short-term rental permit for the property is subject
to revocation by the Mayor or his/her designee.
1. When the City receives notice of a civil and/or criminal complaint and/or code violation at a STRP as outlined in Subsections
5-11.6h and
i above, the City shall issue a written notice revocation or suspension, as applicable, of the short-term rental permit with the reasons for such revocation or suspension being stated therein within 30 days.
2. The applicant shall have 10 business days to appeal the revocation
or suspension, in writing, to the City Clerk.
3. Within 30 days thereafter, the Mayor or his/her designee shall hear
and decide the appeal.
j. Failure to make application for, and to obtain the issuance of, a
short-term rental permit prior to advertising the STRP in print publications
or newspapers, on any internet-based booking platforms, or online,
and/or in the MLS or other real estate listing of a real estate agent
licensed by the New Jersey Real Estate Commission, shall be equivalent
to operation of the STRP without a permit, and shall constitute a
violation of this Code, and will result in enforcement action and
the issuance of a summons, and shall subject the STRP owner, the short-term
rental agent, and the responsible party to issuance of fines and/or
penalties.
[Added 11-16-2023 by Ord.
No. 32-2023]
a. A violation of any provision of this chapter may subject the STRP
owner, transient occupant(s), the short-term property rental agent,
and the responsible party or their agents to fines assessed by the
Court up to $2,000 per violation, but not less than $250 per violation
per day that the violation exists.
b. The STRP owner, transient occupant(s), the short-term property rental
agent, and the responsible party or their agents shall have 30 days
to cure the violation. Within the thirty-day period, at the STRP owner,
transient occupant(s), the short-term property rental agent, and the
responsible party or their agents' request, they shall be afforded
a hearing before a Lambertville Municipal Court Judge for an independent
determination concerning the violation.
c. Subsequent to the expiration of the thirty-day period, the fine shall
be imposed if a Court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.