Editor's Note: For licensing of kennels, pet shops and shelters, see Chapter 5, Section 5-7; for licensing of taxicabs and limousines, see Chapter 8; for licensing of builders and contractors, see Chapter 12, Section 12-7; for licensing of quarry and extraction activities, see Chapter 26; for denial, revocation and suspension of license for failure to pay taxes or assessments, see Chapter 2, Section 2-55.
[1985 Code § 10-4.1;Ord. No. 2006-#13 §§ 1 — 4]
As used in this section:
Shall mean any person determined by the Federal Internal
Revenue Service to be a tax exempt organization pursuant to section
501 (c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501
(c)(3); or (2) any person who is or holds himself out to be, established
for any benevolent, philanthropic, humane, social welfare, public
health, or other eleemosynary purpose, or for the benefit of law enforcement
personnel, firefighters or other personnel, who protect the public
safety, or any person who in any manner employs a charitable appeal
as the basis of any solicitation, or an appeal which has a tendency
to suggest there is a charitable purpose to any such solicitation.
Shall mean (1) any purpose described in section 501(c)(3)
of the Internal Revenue Code of 1986, 26 U.S.C. Section 501(c)(3);
or (2) any benevolent, philanthropic, humane, social welfare, public
health, or other eleemosynary objective, or any objective that benefits
law enforcement personnel, firefighters, or other persons who protect
the public safety.
Shall mean a permit issued by the Borough pursuant to this
section.
Shall mean a person who, traveling on the streets or lakes
or waterways, goes from place to place or from house to house or from
street to street, by vehicle or on foot, carrying with him goods,
wares, merchandise, books, magazines or other tangible personal property
of any nature for the purpose of selling and delivering the same to
purchasers. This definition shall also include anyone who shall place
or set up booths, exhibits, roadside stands, or, in any other way,
displays or offers for sale wares or merchandise on the roadside or
on private property adjacent to or near public roadways on a temporary,
intermittent or transient basis.
Shall mean any right-of-way provided for the movement of
vehicles, exclusive of shoulders and auxiliary lanes within the Borough
other than those otherwise regulated by applicable laws.
Shall mean a person who, traveling by foot, wagon, motor
vehicle or any other type of conveyance, goes from place to place,
from house to house, or from street to street and takes or attempts
to take orders for the sale of goods, wares, merchandise, books, magazines
or other tangible personal property of any nature whatsoever for future
delivery or for services to be furnished or performed in the future,
whether or not such individual has, carries or exposes for sale a
sample of the subject of such sale or whether or not he is collecting
advance payments on such sales or services.
Shall mean and include wagons, carts, motor vehicles, boats
or any other type of vehicle or conveyance.
[1985 Code § 10-4.2; Ord. No. 2018-12]
No person shall engage in or solicit business in the Borough
as peddler or hawker, or as solicitor or canvasser, as defined herein,
or use any vehicles in connection therewith without first obtaining
a license therefor and paying the prescribed license fee as provided
in this section.
a.
Do Not Solicit List. The Municipal Clerk shall prepare and maintain a list of those properties within the Borough where the owner or tenant has notified the Municipal Clerk that canvassing, soliciting, peddling or hawking is not permitted on the premises. A copy of the "Do Not Solicit List" shall be provided to every person applying for a license as peddler, hawker, solicitor or canvasser as defined in subsection 4-1.1. The licensee shall not canvas, solicit, peddle or hawk at any address on the Do Not Solicit List.
b.
Maintenance of List.
1.
The said list shall be maintained by the Municipal Clerk.
2.
The said list shall consist solely of property addresses and shall
include not further identifiable information concerning ownership
of the property.
3.
The Tax Assessor shall notify the Municipal Clerk of any change in
ownership in the property whereupon the Municipal Clerk shall remove
the property from the Do Not Solicit List.
4.
Except upon sale of the property, a property once listed may only
be removed from the list by submission of a written request to the
Municipal Clerk.
[1985 Code § 10-4.3; Ord. No. 2002-20; Ord. No. 2015-#13]
a.
Every applicant for a license under this section shall file with
the Borough Clerk a signed and verified written application, in duplicate,
on forms furnished by the Borough Clerk at least three weeks prior
to the date the peddling, hawking, soliciting or canvassing is to
take place.
b.
The application shall state:
1.
Name of the applicant.
2.
Permanent home address of the applicant, and the place or places
or residence for the three years preceding the filing of the application.
3.
Brief description of the nature of the business, and the personal
property to be sold or services to be rendered.
4.
If the applicant is an agent or employee, or a dealer's or manufacturer's
representative, the name and address of the applicant's employer,
manufacturer or dealer together with a letter from same, establishing
the exact relationship and authorizing the applicant to act as agent,
employee or representative.
5.
Length of time for which the license is desired.
6.
Whether or not the applicant has been convicted of any crime or disorderly
persons offense or violation of any Borough ordinance, and if so,
the nature of the offense and the punishment or penalty assessed thereof.
7.
If a vehicle is to be used, a description of the vehicle, together
with the State registration number and other identification details.
8.
Names and addresses of persons from whom the products proposed to
be sold or orders taken for the sale thereof, have been or will be
purchased, manufactured or produced.
9.
Names of at least two residents or business operators who will certify
as to the applicant's good character and business responsibility,
or, in lieu of the names of references, such other available evidence
as to the good character and business responsibility of the applicant
as will enable an investigator to evaluate properly such character
and business responsibility.
[Amended 3-19-2019 by Ord. No. 2019-02]
10.
Social Security Number; business telephone number or, if none, home
telephone number and copy of photo identification issued by an agency
of the State wherein the applicant resides.
c.
Upon receipt of such application, the original application shall
be referred to the Chief of Police.
[1985 Code § 10-4.4]
a.
The Chief of Police shall then cause such investigation of the moral
character and business responsibility of the applicant as the Chief
shall deem necessary for the protection of the public.
b.
There shall be a waiting period not exceeding two weeks between the
filing of the application and the issuance of the license, for the
purpose of investigation by the Chief of Police.
c.
If, as a result of the investigation, the business responsibility
of the applicant shall be found to be unsatisfactory, the Chief of
Police shall endorse on the original his disapproval of the application
and his reasons for such disapproval, and shall return the original
application to the Borough Clerk. The Borough Clerk shall promptly
notify the applicant of the decision.
[Amended 3-19-2019 by Ord. No. 2019-02]
d.
If, as a result of the investigation, the moral character and business
responsibility of the applicant are found to be satisfactory, the
Chief of Police shall endorse on the original application his approval
thereof, and return the original application to the Borough Clerk.
[1985 Code § 10-4.5; Ord. No. 2015-#13]
a.
The Borough Clerk shall promptly notify the applicant of the approval of his application as set forth in subsection 4-1.4d and shall issue the license upon payment of the prescribed fee.
b.
The license shall contain the following:
1.
Name and address of the licensee.
2.
Description of the nature of the business.
3.
Description of goods to be sold or services to be rendered.
4.
State registration number and other identifying description of any
vehicle or vehicles to be used.
5.
Number of the license and amount of fee paid.
6.
Date of issuance of license and expiration date.
7.
Signature of Borough Clerk and Seal of the Borough.
c.
The Borough Clerk shall send a copy of the license to the Police
Department to be kept on file. The Borough Clerk shall keep a permanent
record of all licenses issued.
d.
All licenses shall expire on December 31st of the year issued unless
an earlier expiration date is indicated on the license.
[1985 Code § 10-4.6]
Every person holding a license under this section shall be required
to carry the license with him while engaged in the licensed business,
or while engaged in the purpose for which the license is issued, and
shall produce the license at the request of any official of the Borough.
Where the license is issued for a vehicle, such license or any designation
thereof furnished by the Borough shall be securely fastened in plain
view upon any such vehicle, and shall not be removed therefrom while
the license is in force, or attached to any similar vehicle or thing.
[1985 Code § 10-4.7; Ord. No. 2002-20; Ord. No. 2015-#13]
a.
Each application shall be accompanied by a nonrefundable application
fee of $75 for each individual peddler, hawker, solicitor or canvasser,
to compensate the Borough of Ringwood for the cost of administering
this section and such fees shall not be refunded for any reason.
[Amended 3-19-2019 by Ord. No. 2019-02]
b.
No license issued under this section shall be used at any time by
any person other than the person to whom it was issued.
c.
Where an organization has several agents peddling, hawking, soliciting
or canvassing, each agent shall pay the applicable non-refundable
application fee and shall be issued a separate license.
[1985 Code § 10-4.8]
Licenses issued under this section shall not be transferable.
[1985 Code § 10-4.9; Ord. No. 2002-20; Ord. No. 2015-#13; amended 3-19-2019 by Ord. No. 2019-02]
No peddling, hawking, soliciting or canvassing shall be permitted
by anyone holding a permit or license or certificate of registration
except between the following hours on Monday through Saturday: 9:00
a.m. to 8:00 p.m. during Eastern Daylight Saving Time - beginning
the second Sunday in March and ending on first Sunday in November;
9:00 a.m. to 6:00 p.m. Eastern Standard Time - Beginning first Sunday
in November and ending second Saturday in March. Any activity covered
in this section is prohibited on Sundays.
[1985 Code § 10-4.10; Ord. No.
2015-#13]
Any person who engages in the activities described in this section,
whether exempt from licensing requirements or not, shall be governed
by the following:
a.
All circulars, samples, merchandise or other matters shall be handed
to an occupant of the property of left in a secure place on the premises.
b.
No person shall enter or attempt to enter the house of any resident
in the Borough of Ringwood without an express invitation from the
occupant of said house.
c.
No person shall have exclusive rights to any location in the public
streets or operate in any congested area where his/her operation might
impede the public.
d.
No person shall make any solicitation with the Borough limits where
solicitors are notified by sign that soliciting is prohibited.
e.
No person shall litter the streets, public places or property with
the Borough with any merchandise or printed material.
f.
No person shall be permitted to peddle, hawk, solicit or canvass
on any public road right-of-way within the Borough and there shall
be no peddling, hawking, soliciting or canvassing from persons within
a motor vehicle that is on any public roadway or right-of-way within
the Borough.
g.
Make use of private property without meeting the requirements of
site plan approval.
[1985 Code § 10-4.11; New]
a.
Any person aggrieved by the action of the Chief of Police in the
denial or granting of a license shall have the right to appeal to
the Borough Council for review. Such appeal shall be taken by filing
with the Council, within 14 days after notice of the action complained
of was mailed to such person's last known address, a written statement
fully setting forth the grounds for the appeal.
b.
The Council shall set a time and place for hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in subsection 4-1.14b for notice of hearing for revocations of license.
c.
The decision and order of the Council on such appeal shall be final
and conclusive.
[1985 Code § 10-4.12]
It shall be the duty of all Borough Police Officers to enforce
the provisions of this section and to require any person peddling,
hawking, soliciting or canvassing in the Borough, who is not known
by such officer to be licensed or registered, to produce his license
or registration certificate.
[1985 Code § 10-4.13]
The Chief of Police shall report to the Borough Clerk all convictions for violation of this section, and the Borough Clerk shall, in addition to the record of licenses issued as provided by subsection 4-1.5c, record the reports of all violations.
[1985 Code § 10-4.14]
a.
Grounds for Revocation. Licenses issued under the provisions of this
section may be revoked by the Council after notice and hearing for
any of the following causes:
1.
Fraud, misrepresentation, or false statement contained in the application
for the license or for the certificate of registration.
2.
Fraud, misrepresentation or false statement made by the licensee
in the course of carrying on his business as solicitor, canvasser,
peddler or hawker.
3.
Any violation of this section.
4.
Conviction of any crime or disorderly persons offense involving moral
turpitude.
5.
Conducting the business of soliciting, canvassing, peddling or hawking
in an unlawful manner or in such a manner as to constitute a breach
of the peace or as to constitute a menace to the health, safety or
general welfare of the public.
b.
Notice of Hearing. Notice of the hearing for revocation of a license
shall be given to the licensee in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice
shall be mailed by registered or certified mail, return receipt requested,
addressed to the licensee at his last known address, at least five
days prior to the date set for hearing.
[1985 Code § 10-4.15; Ord. No.
2015-#13]
a.
Any person holding a valid and subsisting special license to hawk,
peddle or vend issued by the appropriate County Clerk pursuant and
subject to the provisions of N.J.S.A. 45:24-9 et seq., shall be exempted
from applying for or obtaining a license or payment of a license fee;
provided, however, that such person, before engaging in the Borough
in the activity authorized by such special license, shall submit his
special license to, and register with, the Chief of Police. A certificate
of registration signed by the Chief of Police shall be issued to him.
The certificate of registration shall state:
1.
Name and address of registrant.
2.
Name and address of his employer, if any.
3.
Kind of goods to be sold or services to be performed or furnished
by him.
4.
Date of issuance and length of time the registration shall be effective.
5.
License number or other identifying description of any vehicle to
be used.
b.
The Chief shall keep a permanent record of all registrations.
c.
Notwithstanding the exemptions as to license and fee under this section,
the registrant shall comply with all other applicable regulations
under this section.
d.
The following persons are expressly exempt from the payment of any
application fees:
1.
Any peddler, hawker, solicitor or canvasser for a charitable organization as defined in subsection 4-1.1 of this section.
2.
Any person honorably discharged from the military service of the
United States, in conformity with N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10.
3.
Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9
and N.J.S.A. 45:24-10, possessing corresponding identification, in
conformity with said statute.
4.
Any person holding a license or permit issued under any legislation
of the United States government or by a State agency pursuant to statute.
[1985 Code § 10-4.16; Ord. No.
2006-#13 § 5]
a.
General Provisions and Restrictions.
1.
Charitable organizations shall be permitted to solicit contributions
on the various Borough roadways. Charitable organizations shall not
be allowed to solicit on any County highway or intersection of a County
highway without the approval of the Board of Chosen Freeholders pursuant
to N.J.S.A. 39:4-60.
2.
No person shall solicit charitable contributions on Borough roadways,
without the approval of the Borough's Chief of Police, via the issuance
of a Charitable Solicitation Permit. Such a permit shall be in the
possession of the solicitor during all times of solicitation and be
available for inspection by any law enforcement personnel.
3.
Each person soliciting charitable contributions on behalf of the
charitable organization shall be at least 18 years old.
4.
Solicitation shall be subject to the specific terms and conditions
of each permit granted.
5.
Solicitation shall not stop traffic or impede the flow of traffic.
Traffic shall already be stopped before solicitation may occur and
shall cease while traffic is moving. Use of flagpersons shall be prohibited.
6.
The charitable organizations shall be responsible for cleaning up
any debris from solicitation activities on Borough roadways.
7.
State, County, and local police of the Borough, may suspend solicitation
operations at any time if any condition of the permit is violated
or, if in the Police Officer or Borough's sole discretion, traffic
is being impeded or delayed or public safety is at risk.
8.
Solicitors shall not drink alcoholic beverages, use drugs, or be
under the influence of drugs or alcohol when soliciting. Solicitors
shall not harass the public.
9.
The Borough shall not be liable for any civil action for damages
for property damage or personal injury resulting from a motor vehicle
accident arising out of or in the course of solicitation for the purpose
of soliciting contributions conducted by charitable organizations
as defined herein.
b.
Safety Criteria.
1.
All solicitors shall wear safety vests that are in accordance with
NJDOT standards.
2.
Parking of vehicles shall comply with applicable traffic regulations.
3.
The Borough recommends coin tosses using blankets located off the
traveled way as the safest method of solicitation.
4.
The solicitor shall not install any traffic control devices.
c.
Signage.
1.
Signs advertising the roadway solicitation are permitted, but they
must be of a temporary construction and breakaway to the extent possible.
3.
Signs shall not be permitted in the traveled way or in medians less
than eight feet in width.
4.
All signs warning, noticing, or advertising a solicitation shall
be removed immediately following the solicitation event.
5.
Signs shall be diamond shaped and comply with applicable NJDOT standards.
Plastic mesh signs may be allowed if they meet the same visibility
requirement as the Type IV-B.
6.
The signs may be mounted on posts or a portable tripod.
d.
Indemnification/Proof of Insurance.
1.
All charitable solicitation organizations that receive permits must
agree to indemnify and hold the Borough harmless for any injuries
or damages of any type which might be incurred as a result of the
approved charitable solicitation operation.
2.
Adequate proof of insurance must be submitted to Borough with application.
[Ord. No. 2006-#13 § 5]
1.
Request for permits shall be made to the Chief of Police, Police
Department, 60 Margaret King Avenue, Ringwood, N.J. 07456. (973)962-7017.
2.
The application shall not be deemed complete until the applicant
has fully completed the application form and submitted it to the Borough
Police Department.
3.
The Borough may impose special conditions on any Charitable Solicitation
Permit to preserve and protect the public safety and the free flow
of traffic on its roadways.
4.
The Borough may deny a permit based on the following reasons:
(a)
To ensure that traffic flow is not unreasonably impeded, interrupted
or delayed;
(b)
The design of the particular roadway does not permit the safe
interaction between solicitor and vehicular traffic;
(c)
The solicitation would interfere with construction activity;
or
(d)
To protect public safety.
5.
If the Borough denies a permit, the denial letter shall set forth
the reasons for the denial. The Borough's denial shall not be unreasonably
withheld.
The Borough may impose special conditions on any Charitable
Solicitation Permit to preserve and protect the public safety and
the free flow of traffic on its roadway.
[1985 Code § 10-4.20; New; Ord.
No. 2006-#13 § 5]
Any person who violates any provisions of this section shall,
upon conviction thereof, be subject to one or more of the following:
Imprisonment for a term not to exceed 90 days; or by a fine not to
exceed $2,000 or by a period of community service not to exceed 90
days.
[1985 Code § 10-8.1]
For the purpose of this section:
Shall mean any person, partnership or corporation who, through
any means, buys or sells secondhand gold, silver, precious metals
or jewelry, and includes anyone advertising the purchase or sale of
any of the aforementioned items.
Shall mean any person under the age of 18 years.
[1985 Code § 10-8.2; Ord. No. 1998-02]
Each dealer conducting business within the jurisdiction of the
Borough shall first register with the Chief of Police who shall investigate
the applicant. Each dealer shall obtain a license from the Borough
Clerk by paying a fee of $75.
[1985 Code §§ 10-8.3, 10-8.4]
a.
Each dealer shall maintain a complete record of each purchase and
sale, including the amount paid and the name, residence, occupation,
age and description of the person from whom the items were purchased,
received or sold. These records shall be subject to inspection by
any authorized Police Officer of the Borough of Ringwood.
b.
Each dealer doing business in the Borough shall deliver to the Chief
of Police the description of all items purchased, received or sold
within 72 hours of the completion of the transaction on forms prescribed
by the Chief of Police.
[1985 Code § 10-8.5]
No dealer shall sell, melt, change the form of, or dispose of
any articles purchased or received within five days from the date
the notification is made to the Chief of Police and all such items
shall remain on the premises where the purchase was made for at least
five days.
[1985 Code § 10-8.6]
Each dealer shall require identification of the person with
whom it is transacting business and no transaction shall be made with
any minor, as hereinabove defined.
[1985 Code § 10-8.7]
Each dealer shall prominently display at his place of business,
in letters of at least two inches in height, the current price of
gold in London quoted per troy ounce and also the price paid by the
dealer per troy ounce for silver and gold.
[1985 Code § 10-8.9]
Licenses issued under the provisions of this section may be
revoked by the Borough Council after hearing on notice for any of
the following causes:
a.
Fraud, misrepresentation or false statement contained in application
for license;
b.
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems or jewels;
c.
Any violation of this section; and
d.
Conviction of any crime or disorderly persons offense involving moral
turpitude.
[1985 Code § 10-8.8]
[1985 Code § 10-7.1]
For the purpose of this section, the following words shall have
the meanings given herein:
Shall mean the removal and transportation of passenger cars
and small trucks, such as pickup and small panel trucks up to 1 1/2
tons, from a highway, street, or other public or private road, or
a parking area, or from a storage facility, and other services normally
incident thereto, but does not include recovery of a vehicle 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.
Shall mean driving an unengaged wrecker to and fro along
a public street in any fashion calculated for the purpose of soliciting
business along any street.
Shall mean building or property where motor vehicles can
be sheltered, stored, repaired and made ready for use.
Shall mean a vehicle employed for the purpose of towing,
transporting, conveying and removing any vehicles which are unable
to be operated under their own power from the place where they are
disabled to some other place.
[1985 Code § 10-7.2]
No person, firm, or corporation shall participate in the police
towing rotation within the Borough without first obtaining the necessary
permit from the Chief of Police.
[1985 Code § 10-7.3]
All permits issued under this section shall expire on December
31st annually.
[1985 Code § 10-7.4]
a.
Contents. Applications for permits issued under this section shall
be made upon forms prepared and made available by the Chief of Police.
The application shall state the following information:
1.
The location and description of the wreckers owned by the applicant.
2.
That the applicant has available space at this garage for properly
accommodating and protecting all disabled motor vehicles to be towed
from the place where they are disabled, and that the disabled vehicles
will not be stored or allowed to remain on public property or any
street or property which is not permitted by the present zoning ordinance
for such storage.
3.
Description of vehicles for which the permit is desired, including
year, make, model, type, color and vehicle identification number;
length of time the vehicle has been in use; and any other information
which the Chief of Police shall deem necessary or proper.
4.
The application shall have affixed thereto an affidavit to be sworn
to by the applicant that all of the information given in the application
is true and correct.
b.
Time for Filing. Applications shall be received prior to December
1st for processing prior to January 1st.
[1985 Code § 10-7.5]
Within 30 days after receipt of an application, the Chief of
Police shall cause an investigation to be made of the applicant and
his proposed business operation and shall make or have made an inspection
of the vehicle. All applicants and/or operators shall be investigated
and a permit shall not be issued to a person convicted of a crime
of moral turpitude. The Chief of Police may delegate the inspection
of the vehicle to a person or persons, who shall make such an inspection
and who shall report to the Chief of Police whether the wrecker is
in a thoroughly safe and sanitary condition and complete with the
requirements and standards of this section. Upon completion of the
investigation and inspection, the Chief of Police shall either refuse
to approve the application or shall approve the application in accordance
with the standards given herein, and shall inform the applicant of
his decision. If the application is approved, the applicant shall
supply the Chief of Police with the insurance policies or certificates
as required. Upon receipt of the policies or certificates, the Chief
of Police shall make appropriate notations on the applications and
shall notify the Manager that the application has been approved. He
shall maintain a file of the aforementioned documents.
[1985 Code § 10-7.6; Ord. No. 1998-02; Ord. No. 2017-02 § 1]
The Chief of Police shall approve an application when he finds
that the following requirements have been met by the applicant:
a.
The insurance policies as required have been procured and supplied.
b.
The applicant and proposed operators are qualified to operate the
wrecker and conduct wrecker service in the Borough. Permit holders
will be required to submit a list of operators and their legal addresses
and keep the Police Department informed of any changes. The applicant
shall have his garage within five aerial miles of the boundary of
the Borough of Ringwood, provided the said garage is situated in Passaic
County, New Jersey.
c.
The requirements of this section and all other laws, statutes, and
ordinances have been met.
d.
The vehicles have been properly licensed and conform to the State
Motor Vehicle laws.
e.
The wrecker or tow truck, on inspection, meet the required minimum
standards set forth herein.
f.
The garage shall have a secure impound yard consisting of a fence
six feet in height with a locked gate. The impound yard shall be large
enough to accommodate and protect all towed and disabled vehicles
which have been Police Department generated. Stored vehicles within
this impound yard shall not be seen from the roadway.
[1985 Code § 10-7.7]
The following shall serve as a minimum standard for wreckers
and tow trucks:
A wrecker shall be able to handle all makes of passenger cars
and small trucks, such as pickup and small panel trucks up to 1 1/2
tons, and must have or be equipped with the following:
a.
All wreckers shall be a minimum of 3/4 ton according to the manufacturer's
specifications and shall have dual-rear wheels.
b.
A power take-off controlled winch with a minimum cable thickness
of 3/8 inch or equivalent.
c.
Gross weight equal to the vehicles to be towed, with a minimum of
5,500 pounds.
d.
A 3/8 inch safety chain. The lift chain and the safety chain are
not to be attached in any form or manner to the same part of the wrecker.
e.
Front and rear flashing hazard lights.
f.
An approved light bar or equivalent.
g.
All lights shall be of such candlepower in intensity as to be visible
1/4 of a mile away.
h.
All towing company drivers shall carry their business cards and shall
give the card to the owner/driver of the vehicle to be towed.
i.
All companies will have the company name, address, and phone number
permanently affixed in letters and numbers on both sides of the wrecker
prior to the wrecker being used on any Borough rotation calls. The
letters and numbers shall be a minimum of three inches in height.
j.
The wrecker shall be equipped with a portable car dolly and sufficient
equipment to clean up the debris on the street. The operator shall
clean away the debris at the scene.
k.
The response time by wreckers and tow trucks shall be a maximum of
15 minutes during work hours and 30 minutes during nonwork hours.
[1985 Code § 10-7.8]
a.
No wrecker shall be called by the police unless the vehicles have
been approved and the following insurance policies or certificates
of insurance specifically naming the Borough as an insured party are
filed with the Chief of Police:
1.
Garage Keeper's Policy. A garage keeper's legal liability policy
covering fire, theft, and explosion in the minimum amount of $60,000
and collision coverage subject to $100 deductible, with each accident
deemed a separate claim.
2.
Garage Liability Policy. A garage liability policy covering the operation
of the applicant's equipment or vehicles for any bodily injury or
property damage. This policy shall be in the amount of $500,000/$1,000,000.
b.
Each policy shall contain an endorsement providing 10 days' notice
to the Borough in the event of any material change or cancellation
for any cause.
c.
In the event the policy is changed so as to fail to conform with
the above requirements, or if any policy of any approved wrecker is
cancelled for any reason, the Chief of Police shall notify the person
responsible for the policy and it shall be corrected, reinstated or
replaced with a conforming policy within 10 days after the notice
is received and before the date of cancellation. If the policy or
certificate is not corrected, reinstated, or replaced within the required
time, the Chief of Police shall immediately suspend the wrecker permit.
[1985 Code § 10-7.8; Ord. No. 2001-13; Ord. No. 2017-02 § 2]
Basic towing service rates shall be charged consumers as follows:
a.
Rates. When towing services are required at the scene of a motor
vehicle accident, the day rate shall apply between 8:00 a.m. and 5:00
p.m. Monday through Friday, except on New Jersey State holidays. The
night, weekend and holiday rates shall otherwise apply.
b.
Towing Fees. The following is the fee schedule for towing services:
[Amended 11-10-2020 by Ord. No. 2020-10]
|
Days:
| |
|
First 2 miles or less
|
$125
|
|
Each additional mile
|
$1.75
|
|
Nights, weekends and New Jersey State holidays:
| |
|
First 2 miles or less
|
$150
|
|
Each additional mile
|
$1.75
|
|
Flatbed towing where the vehicle cannot be towed by any other
means:
| |
|
First 2 miles or less (day)
|
$125
|
|
Each additional mile
|
$1.75
|
|
Nights, weekends, and New Jersey State holidays
|
$150
|
|
For two-axle vehicles weighing between 8,001 pounds and less
than 15,000 pounds:
| |
|
First 2 miles or less (day)
|
$200
|
|
Each additional mile
|
$2
|
|
Axle charge for each additional axle over 2
|
$25
|
c.
Storage Fees. The following are the fees for storage services:
|
Inside building: per day
|
$50
|
|
Axle charge for each additional axle over 2
|
$25
|
|
Outside secure storage: per day
|
$25
|
|
Axle charge for each additional axle over 2
|
$25
|
d.
Additional Miscellaneous Fees.
1.
Winching. There shall be a charge of $60 per 30 minutes.
This includes overturning vehicles; charges shall be in 30 minute
increments.
2.
Additional Personnel. If additional personnel other than the operator
are needed for vehicle recovery or winching, there shall be a charge
of $40 per half hour per person. These charges shall be in thirty-minute
increments.
[Amended 11-10-2020 by Ord. No. 2020-10]
3.
Emergency road service where no towing occurs. There shall be a charge
of $60.
This charge shall include jump starting, tire changing and providing
two gallons of gasoline if needed. There shall be no emergency service
charge if the operator tows the vehicle.
4.
Roadway Cleanup. If the debris resulting from a crash is determined
to be excessive by the officer investigating the crash, there shall
be a charge of $40 per 30 minutes for the removal of the debris.
[Amended 11-10-2020 by Ord. No. 2020-10]
5.
Hazardous material cleanup. If there is a hazardous material cleanup
and the licensee has to provide absorbent material, the charge shall
be $25 per fifty-pound bag of absorbent material. If the licensee
has to dispose of the hazardous waste, there shall be an additional
$50 hazardous waste disposal fee.
6.
Provision of emergency road service for the Borough owned vehicles
when the Borough of Ringwood motor pool is not available:
|
Emergency Jump Start Road Services Call:
|
$15 Per Call
|
|
Emergency Lock-Out Service Call:
|
$15 Per Call
|
|
Emergency Tire Change Road Service:
| |
|
Autos
|
$15 Per Call
|
|
Trucks
|
$25 Per Call
|
|
Ambulance
|
$25 Per Call
|
|
Fire Trucks
|
$25 Per Call
|
|
For jump start road and lock-out services, not to exceed the
sum of $15 per call. For trucks, ambulances and fire trucks tire change
service, not to exceed the sum of $25 per call.
|
7.
Heavy Recovery:
|
Level 3 Recovery Supervisor
|
$200/hr.
|
|
Air Cushion Recovery (includes 1 man, 1 equipment truck, 6 airbags
and all misc. equipment)
|
$850/hr.
|
|
75 Ton Rotator
|
$850/hr.
|
|
50 Ton Wrecker
|
$550/hr.
|
|
Landoll or Lowboy Trailer (includes tractor/operator)
|
$450/hr.
|
|
53 feet Relief Van Trailer with Tractor
|
$450/hr.
|
|
Bobcat w/Operator, Grapple, Forks or Bucket
|
$350/hr.
|
|
Roll Off with 30 yd. Container (does not include dumping fees
or transportation to dump) (extra charge)
|
$550/hr.
|
|
Heavy Duty Loaders or Fork Lifts
|
$400/hr.
|
|
Pallet Jack, Dock Plate and Shrink Wrap
|
$175/hr.
|
|
Recovery Hazmat Cleanup Service Truck
|
$375/hr.
|
|
Light Tower with Genset
|
$250/hr.
|
|
Pictures (upon request)
|
$5/per picture
|
|
Classic Towing Admin Fee (15 min/increments)
|
$200/hr.
|
|
Mileage
|
$12/mile
|
|
Extra Labor (per man) Clean Up
|
$95/hr.
|
|
Roadway Cleanup (15 min/increments)
|
$200/hr.
|
|
Absorbent
|
$45/per bag
|
8.
Waiting Time:
|
Tow Truck
|
$175/hr.
|
|
Flatbed
|
$200/hr.
|
|
Trucks over 1 ton but under 3 tons
|
$225/hr.
|
|
Trucks, Buses and Tractor Trailers over 5 tons but under 40
tons
|
$500/hr.
|
|
Motorcycles
|
$150/hr.
|
|
75 Ton Rotator
|
$850/hr.
|
|
50 Ton Wrecker
|
$550/hr.
|
|
Landoll or Low Boy Trailers
|
$450/hr.
|
|
53 foot Relief Van Trailer
|
$450/hr.
|
|
Bobcat
|
$325/hr.
|
|
Roll Off with 30 yd. Container
|
$550/hr.
|
|
Heavy Duty Loaders or Forklift
|
$375/hr.
|
|
Service Truck
|
$375/hr.
|
9.
Special Equipment:
|
Trailer Dollies (for damaged trailers)
|
$350/hr.
|
|
Heavy duty Tandem Flat Bed
|
$350/hr.
|
|
Service Truck for Recovery
|
$375/hr.
|
[1985 Code § 10-7.9]
The Chief of Police shall issue to the person owning an approved
wrecker a card, in such form as may be set by the Chief of Police,
which shall be at all times displayed on the passenger side of the
rear window of each wrecker. The card shall bear the name of the owner,
the rate of charges and a notice that in case of any complaint, the
complainant may notify the Chief of Police, giving the license number
of the wrecker. The card shall also have the signature of the Chief
of Police and the date of inspection of the wrecker.
[1985 Code § 10-7.10]
The Chief of Police is hereby authorized to establish reasonable
rules and regulations for the inspection and operation of wreckers
and for the design, construction, maintenance, and conditions for
the safe conduct of a wrecker service business, in accordance with
the standards outlined in this section. The Chief shall maintain due
vigilance over all wreckers to see that they are kept in a safe condition
for transporting and hauling disabled vehicles and shall have the
right at all times to inspect all licensed wreckers. If at any time
the Chief of Police shall find the equipment inadequate or unsafe,
he shall have the power to demand immediate correction, and, if not
corrected to the satisfaction of the Chief, he shall have the power
to revoke or suspend the permit and schedule a hearing depending upon
the nature and circumstances of the violation. The Chief of Police
is also hereby authorized and empowered to establish such additional
rules and regulations, not inconsistent herewith, as may be reasonable
and necessary in carrying out the provisions of this section.
[1985 Code § 10-7.11; New]
An appeal of the Police Chief's ruling shall be filed with the
Borough Manager within 10 calendar days of the Chief's decision. A
hearing may be held within 30 calendar days of filing of appeal.
[1985 Code § 10-7.12]
The Chief of Police shall keep a record of names of all persons
owning or operating wreckers approved under this section, the license
number and description of the wreckers, and the dates designating
the record of inspections made of them.
[1985 Code § 10-7.13]
a.
Charges for transportation, hauling or service of disabled vehicles
by an approved wrecker or operator of any approved wrecker shall not
exceed rates to be fixed by the Borough Council by ordinance.
b.
Every owner of a wrecker shall give the owner of the vehicle a written
receipt for the fee paid. Copies of receipts shall be maintained by
the owner for two years and shall be available for inspection by authorized
Borough officials.
[1985 Code § 10-7.14]
A wrecker permit hereunder shall be subject to the following
conditions:
a.
No person shall seek employment by driving his wrecker to and from
in a short space in front of any disabled vehicle or otherwise interfering
with the proper and orderly progress of traffic along the public highways.
b.
No person owning or operating a wrecker shall engage in cruising.
c.
No person owning or operating a wrecker licensed under this section
shall permit or invite loitering within or near the wrecker.
d.
No person shall solicit or attempt to divert prospective patrons
of another wrecker nor shall be solicit or divert prospective patrons
of a given garage in the Borough to another garage.
e.
No person shall solicit, demand, or receive from any person any commission or fee, except the proper fee for transporting the disabled vehicle in accordance with subsection 4-6.9.
f.
No person shall pay any gratuity, tip, or emolument to any third
person not involved in the accident or to any Police Officer for any
information as to the location of any accident or for soliciting the
employment of the operator's services, nor give any gratuities, fees,
or other compensation or gifts to any members of the Police Department.
g.
No wrecker which happens to be passing by is permitted to solicit
business from any of the drivers involved in the accident. Any wrecker
at the scene may be used by the investigator to clear the scene if
traffic conditions preclude waiting for the authorized wrecker; however,
this may not authorize them to tow the vehicle from the scene.
h.
If any wrecker who has been called is unable to respond adequately
or does not have available the equipment required for a particular
job, the Police Department, not the tower, shall obtain a substitute
by using the rotation list. No outside tower shall be called unless
requested by the towee and the rotation list has been exhausted.
[1985 Code § 10-7.15]
a.
Regular Towing Service. Every person owning an approved wrecker shall
keep a record of all details of each disabled vehicle towed, serviced,
or transported, together with full information concerning the service
and fee charged. This record shall indicate the date of towing, location,
and the name and address of the owner and/or driver of the disabled
vehicle. The record book herein described shall be kept open for inspection
at all times by the Chief or any duly authorized representative of
the Chief.
b.
Vehicles Impounded by the Police Department. All companies on the
towing list shall maintain a record regarding all vehicles impounded
at the request of the Ringwood Police Department. This would include,
for example, abandoned vehicles, recovered stolen vehicles, or vehicles
held for investigation by the Department. This record shall be made
available to any Police Officer for inspection upon request and shall
contain the following information:
1.
The date, time, location, and name of the wrecker driver who towed
the vehicle at the Department's request.
2.
The name of the Police Officer who requested that the vehicle be
impounded.
3.
The physical location of the vehicle after being towed.
4.
Identification of the impounded vehicle to include make, model, color,
vehicle identification number, license number, and name of registered
owner if known.
5.
A vehicle impounded by the police shall not be released without a
tow order release form authorizing the release.
6.
A written record shall be kept or maintained by the towing service
indicating the name of the person releasing the vehicle, the type
of proof of ownership presented, and the name of the person receiving
the vehicle.
c.
It shall be the responsibility of the towing company to obtain proper
proof of ownership and identification prior to the release of any
vehicle. Release of any vehicle to an unauthorized person by the towing
company shall result in liability against such company.
[1985 Code § 10-7.16]
a.
Wreckers performing towing service under this section shall perform
on a rotating basis. The rotating list shall be limited to approved
wrecker operators. The Chief of Police is hereby authorized to establish
a system of rotation in the assignment of wreckers in the area. Wreckers
shall be assigned from the rotating list only. No person shall respond
to the scene of an accident except upon notification by the officer
in charge of police headquarters or upon request of the driver or
owner of the disabled vehicle.
b.
Additional rules and regulations regarding the rotation of wreckers,
as may be promulgated hereunder by the Chief of Police, shall take
effect immediately after service of a copy thereof upon all permit
holders for wreckers in the Borough. Service may be made by addressing
same to the permit holders by mail at their last known addresses.
[Ord. No. 2017-02 § 3]
a.
At its discretion, the Borough may designate a Borough-owned property to be used solely as an impound yard. This would include for example, abandoned vehicles, recovered stolen vehicles, or vehicles held for investigation by the Department. The storage fees as provided in subsection 4-6.9c. Storage Fees hereinabove shall be imposed and payable to the Borough of Ringwood.
b.
In the event Ringwood's impound yard is not available, the tower
shall supply a proper impound yard in accordance with the section.
[1985 Code § 10-1.1; Ord. No. 2002-24]
For the purpose of this section:
Shall mean any machine, device or game, which, upon the insertion
of a coin, slug, token, plate or disc, may be operated by the public
generally for use as a game, entertainment, or amusement, whether
or not registering a score, including, but not limited to, such devices
as marble machines, pinball machines, skill ball, mechanical grab
machines, the games of billiards and pool, video type games or machines,
or similar devices that use a display screen for points, lines and
dots of light that can be manipulated to simulate games or other types
of entertainment, and all game operations or transactions similar
thereto under whatever name they may be indicated.
Shall mean any person in whose premises any automatic amusement
device is placed or kept for operation.
Shall mean any person, firm, corporation, partnership or
association.
[1985 Code § 10-1.2; Ord. No. 2002-24]
The purpose and objective of this section is to license, regulate
and control the business of automatic amusement devices so as to prevent
nuisances to patrons and the public; fire hazards from overcrowding;
poor ingress and egress at premises where automatic amusement devices
are located; the promotion of gambling and the creation of an unhealthy
atmosphere for the residents or other foreseeable undesirable effects
of such devices.
[1985 Code § 10-1.3]
No person shall maintain, operate or possess any automatic amusement
device in any store, building or other place where individuals may
enter or where any club or organizational meetings are held, excluding
private residences, unless that person has first obtained a license
therefor.
[1985 Code § 10-1.4; Ord. No. 2002-24]
a.
All applications for a license under this section shall be delivered
to the Borough Clerk on forms to be supplied for that purpose and
shall be subscribed and sworn to by the applicant.
b.
The application for the license shall contain the following:
1.
Name, address, and telephone number of applicant and name, address,
and telephone number of site where automatic amusement devices are
located.
2.
Name under which the place is being operated and the location of
the automatic amusement device.
3.
Number and type of alcoholic beverage licenses, where applicable.
4.
Number and type of machines sought to be licensed.
5.
Location where each automatic amusement device is to be located.
6.
Description of each automatic amusement device sought to be licensed.
7.
Information indicating whether the applicant or transferee or any
person connected, by any way of employment, with the operation of
the establishment wherein the automatic amusement device is to be
installed has ever been convicted of or pleaded guilty to:
c.
The Borough Clerk may request that an applicant supply additional
information supplementing the information given in the application.
[1985 Code § 10-1.5; Ord. No. 2002-24]
No more than three automatic amusement devices of the type or types defined in subsection 4-7.1, shall be permitted to be used or operated in any one place, location or premises. A separate license shall be obtained for each automatic amusement device so operated.
A replacement automatic amusement device shall require a separate
license.
[1985 Code § 10-1.5; Ord. No. 2015-#12]
The annual license fee for each automatic amusement device, as defined in subsection 4-7.1, shall be $100 for the first machine, $50 each additional machine up to a maximum of three machines at the same location.
[1985 Code § 10-1.7; New]
a.
All licenses issued under this section shall be for a term of one
year, commencing on January 1st and expiring on December 31st of the
year of issuance.
b.
A license may be transferred from one automatic amusement device
to another by written notice to the Borough Clerk giving a description
of the new machine. A license may be transferred from one place to
another by written notice to the Borough Clerk and by supplying the
required information as to the new premises upon approval by the Borough
Council. There shall be a fee for all transfers from one place to
another in the amount of $25 per place.
c.
An application for renewal of a license shall be submitted to the
Borough Clerk for review no later than November 1.
[1985 Code § 10-1.8]
The Chief of Police or his designee shall make an investigation
of the applicant to determine the truth of the facts set forth in
the application. The Fire Subcode Official or his designee shall inspect
the premises to determine whether the premises comply with existing
fire regulations and the Fire Code of the Borough. The Chief of Police
and the Fire Subcode Official, upon completion of their investigation
and inspection, shall attach to the application their reports in writing.
The report of the Chief of Police shall advise the Borough Clerk as
to the veracity of the facts as set forth in the application. The
report of the Fire Subcode Official shall advise the Borough Clerk
as to the compliance or noncompliance of the premises with the fire
regulations code.
[1985 Code § 10-1.9]
a.
Review by Borough Clerk.
1.
Upon receipt of the application and reports, as set forth above,
the Borough Clerk shall consider the application, and shall either
approve or disapprove the issuance of a license to the applicant.
2.
The Borough Clerk shall act to approve or disapprove the application
within 45 days from the date of the application. Failure to take such
action within 45 days by the Borough Clerk shall constitute an approval
of the application.
3.
If the application is approved, the Borough Clerk shall issue the
license upon the receipt of the license fee or fees as herein provided.
b.
Notice to Applicant of Disapproval. If the application is disapproved,
the applicant shall be notified, in writing, of the disapproval and
the reasons therefor.
c.
Hearing Before Borough Council.
1.
The applicant, upon being advised of a disapproval of this application,
may, in writing, request a hearing before the Borough Council, and
shall be afforded an opportunity to dispute or disprove the reasons
for the disapproval at the hearing. An applicant may be represented
by an attorney at the hearing.
2.
The Borough Council shall either affirm or reverse the decision disapproving
the application within 15 days after the date of the hearing unless
there is an extension of time agreed to by both the applicant and
the Borough Council.
[1985 Code § 10-1.10; Ord. No.
2002-24]
a.
Revocation of License.
1.
Grounds for Revocation. At any time after the granting of a license
under this section, the Borough Council shall have the power to revoke
or terminate any license granted hereunder for the following reasons:
(a)
Gambling on the premises;
(b)
False or incorrect material on the application or information
furnished by the applicant;
(c)
Failure to maintain good and safe conduct on the premises;
(d)
The presence of automatic amusement devices that result in gambling,
obscene and loud language disturbing to the public or to other patrons
of the premises or creating a nuisance, excessive noise, litter, traffic
or rowdyism by the patrons.
2.
Notice and Hearing. The Borough Clerk shall give notice to the licensee
of any proposed action with respect to suspension, termination or
revocation of license. Upon receipt of a notice, the licensee may,
within 10 days after receipt, request, in writing, a hearing before
the Borough Council. The Borough Manager has the authority to temporarily
suspend any license hereunder, until or pending action by the Borough
Council.
c.
Number of Automatic Amusement Devices. The number of automatic amusement
devices per establishment shall be three.
[1985 Code § 10-1.13; New]
a.
Gambling Devices. For the purpose of this section a mechanical amusement
device, the operation of which is based in any part on random chance
or the random assignment of numbers and the operation of which does
not require more than minimal skill or hand-eye coordination, shall
be presumed to be intended to be utilized for gambling purposes. By
way of clarification, but not limitation, amusement devices used for
the purpose of gambling shall be deemed to include the following:
1.
Mechanical amusement devices known as Joker Poker, or any similar
mechanical amusement devices displaying playing cards; Keno or any
similar mechanical amusement devices displaying a number board where
numbers are designated at random; Horse Racing; Roulette; Dice; Lucky
Lines; Cherry Master or any similar automatic amusement device styled
after a slot machine with a rolling display or circular wheel on which
are depicted symbols; lotto or lottery-type machines.
2.
Any automatic amusement device which does not have an operable slot
or receptacle for the insertion of coin or paper money.
3.
Any automatic amusement device with buttons or controls labeled "double
up" or "bet."
4.
Any automatic amusement devices which can be controlled or operated
from a remote location by other than the individual operator.
5.
Any automatic amusement device readily capable of being converted
by the internal technology of the automatic amusement device to machines
such as set forth in paragraph 1 above, including but not limited
to, "dual screen" machines.
b.
Seizure of Automatic Amusement Devices Used for Gambling. If a Police
Officer or other Law Enforcement Officer with the authority to act
within this jurisdiction shall have probable cause to believe that
any automatic amusement device is used for gambling, or if an automatic
amusement device is prohibited pursuant to this section, such automatic
amusement device may be seized and removed from the premises by the
Police Department, its authorized personnel or other Law Enforcement
Officer with the authority to act within this jurisdiction, and impounded
and considered contraband. As an alternative to the seizure and removal
of the automatic amusement device as a whole, a police officer may
remove from the automatic amusement device such internal components
as will disable the automatic amusement device. If possible, those
removing the automatic amusement device shall provide the person in
charge of the premises with a report to be filed with the Police Department,
noting any obvious damage to the property. Thereafter, any person
aggrieved thereby may demand a hearing, in writing, directed to the
Borough Manager.
c.
Seizure of Unlicensed Machines. If a Police Officer or other Law
Enforcement Officer with the authority to act within this jurisdiction
shall have probable cause to believe that any automatic amusement
device is unlicensed, but is not being used for gambling nor is prohibited
pursuant to this section, then such an automatic amusement device
shall not be subject to immediate seizure. In such a case, the Police
Officer shall advise the person in charge of the premises that the
license fee for the automatic amusement device must be paid and a
license for the automatic amusement device obtained within a three-day
period. If such a license is not obtained within the three-day period,
a Police Officer may seize and remove such automatic amusement device
from the premises. As an alternative to the seizure and removal of
the automatic amusement device as a whole, a Police Officer may remove
from the device such internal components as will disable the automatic
amusement device. If possible, those removing the automatic amusement
device shall provide the person in charge of the premises with a report
to be filed with the Police Department, noting any obvious damage
to the property. Thereafter, any person aggrieved thereby may demand
a hearing, in writing, directed to the Borough Manager.
d.
Hearing. After seizure, any person aggrieved may demand a hearing
as provided hereinabove and shall be given a hearing within 10 days
from the date of such demand. In the event that the Borough Manager
finds that the seizure was justified under the provisions of this
section, the automatic amusement device shall not be released until
proper ownership and/or licensing fees are paid and properly presented,
together with a removal/storage charge of $5 per day, per automatic
amusement device seized. In the event that only the internal components
of the automatic amusement device were seized, removal/storage charge
per automatic amusement device will be $5 per day. In the event that
the Borough Manager finds that the seizure was unjustified, the automatic
amusement device shall be returned to the person from whom it was
seized forthwith, but such person shall have no further remedy against
the Borough.
e.
Failure to Claim Seized Automatic Amusement Device. If no person
makes a claim to a seized automatic amusement device within 120 days
from the date of seizure, the automatic amusement device may be destroyed
or otherwise disposed of in accordance with State statute or local
ordinance.
[New]
[1985 Code § 10-6.1; Ord. No. 2008-#14]
Games of raffles, as provided in N.J.S.A. 5:8-57, and games
of bingo, as provided in N.J.S.A. 5:8-30, are hereby authorized to
be conducted on Sundays in the Borough, provided the proper licenses
are secured from the issuing authority.
The Borough Clerk shall issue and approve the granting of bingo
and raffle licenses pursuant to the above mentioned statutes. The
Borough license fee shall be $20 per raffle application.
[1985 Code § 10-5.1]
a.
It shall be unlawful for any person to conduct any public dance,
lecture, concert, theatrical performance, moving picture show, athletic
exhibition or entertainment, circus, carnival, traveling or other
street show, merry-go-round or carousel or amusement device of similar
nature, entertainment or meeting of any nature, for which a charge,
price, gain or reward of any description is made without first obtaining
a license therefor from the issuing authority.
b.
It shall be unlawful for the owner or lessee or other person having
the ownership, possession or control of any hall, building, lot or
premises in the Borough to permit any of the performances, shows,
entertainments or activities specified in paragraph a of this subsection
to be shown, given or performed thereon unless a license therefor
has been issued as provided by this section.
c.
Nothing in this section shall apply to: boxing or wrestling exhibitions
licensed by the State of New Jersey; pool or billiard rooms licensed
elsewhere in this chapter; or to coin-operated amusement devices licensed
elsewhere in this chapter.
[1985 Code § 10-5.2]
a.
Applicants for a license under this section shall file with the Borough
Clerk a sworn application in writing and in duplicate on a form to
be furnished by the Borough Clerk.
b.
The applicant shall provide the following information on the application:
1.
The name of the applicant and trade name, if any.
2.
Whether applicant is an individual, partnership or corporation.
3.
Residence of the applicant, if an individual; name, residence and
title of each officer and the address of the principal office, if
a corporation.
5.
Location of the premises in which or on which the licensed activity
is to be conducted.
6.
Length of time for which the license is desired.
7.
Whether any person named in the application has been convicted of:
[1985 Code § 10-5.3]
a.
Investigation. Upon receipt of the application, a copy shall be referred
to the Chief of Police, the Construction Official, the Zoning Officer,
and the Chief of the Fire Prevention Bureau. The Chief of Police shall
cause such investigation of the applicant's moral character and business
responsibility to be made as he deems necessary for the protection
of the public. The aforementioned officials shall investigate the
premises upon which the licensed activity is to be conducted, for
the purpose of determining whether such premises complies with the
applicable requirements of the laws of New Jersey, and the State Uniform
Construction Code, zoning, health and fire prevention ordinances of
the Borough.
b.
Report of Chief of Police. After such investigation, the Chief of
Police shall endorse his recommendation of the application if the
moral character and business responsibility of the applicant are found
to be satisfactory and the place, premises or structure upon which
the licensed activity is to be conducted complies with the applicable
requirements of the laws of New Jersey and the building, zoning, health
and fire prevention ordinances of the Borough, or otherwise does not
constitute a hazard to the health and safety of the public. If the
Chief of Police does not so find, he shall endorse his recommendation
and his reasons for the same and return the application to the Borough
Clerk. The investigation of the various departments shall be completed
within two weeks from the date of filing of the application with the
Borough Clerk's office.
c.
Issuance of License. If the application is approved by the Council, the Borough Clerk shall issue the license upon payment of the fee prescribed in subsection 4-10.7 and notify the Chief of Police of such issuance.
d.
Denial of License; Hearing. If the application is disapproved by
the Council, the Borough Clerk shall notify the applicant of such
disapproval and that no license will be issued. In such case, the
applicant shall have the right to apply to the Council for a hearing
on the application, and the Council may then grant or disapprove the
application for the license sought.
[1985 Code § 10-5.4]
a.
Every license issued under this section shall state the period during
which the license shall be valid, the purpose for which it is granted,
the fee collected, and the name and address of the licensee or the
responsible agent thereof. The license shall contain the signature
and seal of the Borough Clerk.
b.
The Borough Clerk shall enter all licenses issued in a book provided
and kept for that purpose, and shall make a monthly report to the
Council of all licenses issued, together with the amount of all fees
collected.
[1985 Code § 10-5.5]
Any license issued under this section shall expire on the date
appearing on the license.
[1985 Code § 10-5.6]
Any license issued under this section shall be displayed in
a convenient place where the licensed activity is conducted as to
be easily discernible by the public.
[1985 Code § 10-5.7]
The fees for the licenses required under this section shall
be as follows:
|
Activity
|
Fee
|
|---|---|
|
For each public activity dance, lecture, concert or meeting
|
$10
|
|
For each theatrical performance
|
$10
|
|
Moving picture shows or exhibits For each performance or showing
|
$5
|
|
Athletic exhibitions or entertainments per day
|
$10
|
|
Merry-go-rounds, carousels or amusement devices of a similar
nature per day
|
$10
|
|
Traveling or other street shows per day
|
$50
|
|
Circuses or Carnivals
| |
|
Per day
|
$100
|
|
Per week
|
$400
|
[1985 Code § 10-5.8]
No license fee under this section shall be charged when the
purpose for which the license is sought is for the sole and exclusive
benefit of, or under the auspices of, any religious, fraternal or
veterans' organization, volunteer fire company, or recognized charitable
or community organization of the Borough, or for a public purpose
approved by the Council. Such exemption from payment of license fee
shall apply only where the entire proceeds of the business or affair
for which the license is given are paid to such organization, there
is no division of profits, and where the members of such organization
are exclusively in charge of said business or affair.
[1985 Code § 10-5.9]
No license granted under this section shall be assignable or
transferable to any other person or place.
[1985 Code § 10-5.10]
In addition to the penalty prescribed in subsection 4-10.11, any license issued under this section may be suspended or revoked, after notice and hearing, by the Borough Council for any of the following grounds:
a.
For violation of any of the provisions of this section or other applicable
ordinances of the Borough or statute of this State;
b.
For any falsification in the application for the license;
c.
For any disorderly or immoral conduct permitted by the licensee;
or
d.
For any other reason considered to be detrimental to the public health,
safety or general welfare of the Borough and its citizens.
[1985 Code § 10-5.11; New]
[1985 Code § 10-2.1]
The short form title by which this section shall be known is
the "Motel Ordinance of the Borough of Ringwood."
[1985 Code § 10-2.2]
As used in this section:
Shall mean the renting, leasing, maintaining, keeping, operating,
conducting or providing of overnight or temporary sleeping or housing
accommodations, for a consideration, to tourists, transients or travelers,
in any building or structure, or group of buildings or structures,
devoted exclusively or primarily to said business, commonly known
as tourist lodges, motels, inns, tourist cabins, motor lodges, motor
courts, tourist courts, tourist camps or hotels, whether meals are
served therein or not.
Shall mean any room, cabin or quarters, whether or not physically
attached or connected with any other building or structure, used for
sleeping or housing accommodations in the business of conducting a
motel, hotel, inn or tourist lodge.
Shall mean any building kept, used, maintained, advertised
as or held out to be a place where sleeping accommodations are supplied
for pay to transient guests, in which 15 or more rooms on the premises
are rented furnished, including any rooms found to be arranged for
or used for sleeping purposes, with or without meals, for the accommodation
of such guests, or every building or part thereof which is rented
for hire to 30 or more persons for sleeping accommodations.
[1985 Code § 10-2.3]
No person shall engage in the business of conducting a motel,
hotel, inn or tourist lodge without first having applied for and obtained
from the Borough a license therefor as hereinafter provided.
[1985 Code § 10-2.4]
a.
Each applicant for such license shall make a written application
on a form supplied by the Borough Clerk setting forth:
1.
The full name, residence and post office address of the applicant;
2.
The exact location of the proposed licensed premises, giving the
street address, block and lot number as shown on the tax assessment
map of the Borough, and the exact dimensions of the lands upon which
the business is to be conducted;
3.
A description of the buildings, structures and accommodations upon
said lands, including a statement of the number of housing or lodging
units and the maximum number of persons who can be accommodated at
any given time;
4.
A description of the character of said buildings or structures as
to size, type of construction and whether or not same are fireproof;
5.
A description of automobile parking spaces and facilities;
6.
The name and address of the owner of said lands and buildings;
7.
The name or names of the person or persons on the licensed premises
upon whom process may be served;
8.
A detailed description of the register or system used for the registration
of persons to whom accommodations are extended;
9.
Whether any person constituting the individual or partnership applicant
or whether the corporate applicant or any stockholder holding 5% or
more of the stock thereof or any director or officer thereof, has
ever been convicted of any crime, and if so, the details thereof,
including, with respect to each conviction, the name of the person
convicted, the date thereof, the nature of the crime, the court in
which the conviction was entered and the punishment imposed; and
10.
In the case of corporate applicants, the names and residences of
all stockholders holding 5% or more of any stock of the corporation,
the names and residences of all officers of the corporation, and the
office held by each.
b.
Any change in any of the information set forth in the application
during the term of the license shall forthwith be communicated by
the licensee in writing to the Borough Clerk.
[1985 Code § 10-2.5]
a.
The Borough Clerk shall forthwith forward the application to the
Health Officer, Fire Subcode Official and Construction Official, who
shall inspect the premises to determine whether or not the premises
comply with applicable health, building, zoning and fire ordinances
and regulations.
If the premises do not comply, said officials shall attach to
the application a written list of recommendations and return same
to the Borough Clerk who shall, in turn, forward said application
to the applicant. If the premises do comply, said officials shall
attach thereto certificates of approval.
b.
The Borough Clerk shall present the application, with the certificates
of approval attached, to the Borough Council. The Borough Council
shall thereupon cause to be made such further investigation of the
premises and of the information set forth in the application as it
may deem necessary and shall determine on the basis of the investigation
and application whether or not such license shall be granted.
[1985 Code § 10-2.6]
No such license shall be issued to any person who has been convicted
of a crime involving moral turpitude, nor shall any such license be
issued to any corporation in which any stockholder, holding 5% or
more of any of the stock thereof, or in which any director or officer
shall have been convicted of a crime involving moral turpitude.
[1985 Code § 10-2.7]
The annual license fee shall be $200 plus $12 for each motel
unit, payable in advance to the Borough.
[1985 Code § 10-2.8]
[1985 Code § 10-2.9]
a.
Each license shall be valid only to the applicant to whom it is issued
and to such applicant to whom the license may be transferred as hereinafter
provided.
b.
The application for a transfer of a license shall set forth the same
matters and things as are required by this section to be set forth
in connection with an original application for a license.
c.
The application for a transfer shall be accompanied by the consent
of the licensee and a transfer application fee equal to 10% of the
annual license fee of the license sought to be transferred.
d.
The Borough Council, with the consent of the licensee and upon payment
of the transfer application fee, may transfer to such applicant any
license issued under the terms and provisions of this section. The
transfer application fee shall be retained by the Borough Council
whether the transfer be granted or not.
[1985 Code § 10-2.10]
a.
Each licensee shall at all times cause to be maintained on the licensed
premises a register, consisting of a permanently bound volume of consecutively
numbered pages or a permanent card system enclosed in a metal card
index box with consecutively numbered cards. Each licensee shall submit
to the Chief of Police said register or permanent metal card index
box and the Chief of Police shall endorse on the flyleaf of the register
or on the outside cover of the card index box the words "Official
Register" followed by the name of the licensee, the date of endorsement
and the signature of the Chief of Police. No registration hereinafter
required to be made shall be made in any register other than the official
register, endorsed as aforesaid unless and until the official register
has been completely filled.
b.
Upon filling of any register, it shall be retained by the licensee
for a period of three years upon the licensed premises, and a new
register endorsed as aforesaid shall be used for subsequent registrations.
The register shall be kept and preserved by the licensee and shall
be available on request at any hour of the day or night to any Police
Officer of the Borough. The system of registration as described in
the licensee's application shall not be altered in any manner unless
the licensee shall have first applied for and received the permission
of the Borough Council to do so.
[1985 Code § 10-2.11]
No person shall occupy and no licensee shall permit any person
to occupy any room on the licensed premises unless the head of the
party or the person renting the accommodations shall first:
a.
Display to the licensee or to a duly authorized agent or employee
of the licensee in charge of registration written evidence of his
identity and residence, and in addition thereto, write or cause to
be written on the card record, in ink, his full and true name and
address and the full and true name and address of each member of his
party, and in the case of the operator of a motor vehicle, the State
license or registration number of the motor vehicle conveying him
to the licensed premises.
b.
In addition to the foregoing, the licensee shall cause to be written
into the register, in ink, the number of the room assigned to each
registrant; the date and hour of the registration; the signature or
identification of the person taking or accepting the registration;
and the date and hour when the occupant or occupants of each room
quits or surrenders same.
[1985 Code § 10-2.12]
It shall be the duty of the members of the Police Department
to inspect the licensed premises from time to time, at any hour of
the day or night, to determine that the provisions of this section
are being complied with. At least twice annually, inspections shall
be made of the premises by the Board of Health and Fire Prevention
Bureau.
[1985 Code § 10-2.13]
[1985 Code § 10-2.14; New]
It shall be the duty of the management or owner of the motel
and the attendant or person in charge of the premises to:
a.
Keep at all times a register of all guests (which register shall be open at all times to inspection by municipal, County, State and Federal officers) showing for all guests the information required by subsection 4-13.11.
b.
Maintain the motel in a clean, orderly and sanitary condition at
all times.
c.
See that the provisions of this section are complied with and enforced
and report promptly to the proper authorities any violations of this
section or any other violation of law which may come to his attention.
d.
Report to the Board of Health all cases of persons or animals affected
or suspected of being affected with any communicable disease on or
about the motel premises.
e.
Prevent dogs, cats, other animals or pets from running at large on
or about the motel premises.
f.
Maintain in convenient places which are approved by the Fire Official,
in writing, hand-held fire extinguishers in good operating condition,
of at least 2 1/2 gallon capacity, approved by the Underwriters'
Laboratories, Inc., in the ratio of one to each three motel units,
except an additional extinguisher shall be provided in each room where
a cooking facility is maintained.
g.
Prohibit the lighting of open fires on the premises without written
permission from the Fire Official.
h.
Prohibit the use of any motel unit by a greater number of occupants
than that which it is designed to accommodate.
i.
Provide a central garbage and trash collection station, as well as
a central storage facility, properly screened from view and built
and located as approved by the Board of Health and the Construction
Official.
[1985 Code § 10-2.15]
a.
No advertising signs shall be erected on any motel unless application
shall have been made therefor and permit granted in accordance with
the provisions of the State Uniform Construction Code.
b.
One customary freestanding advertising sign shall be permitted for
each street frontage, which sign shall be of the standard size and
shape for the particular motel involved, except that no such sign
shall exceed 50 square feet in area. The sign shall be set back a
minimum of 25 feet from the street line.
c.
One promotional sign, not larger than three feet wide by five feet
high shall be permitted for each street frontage. Location of the
sign shall be established by the Planning Board.
d.
No revolving signs, flags, or buntings shall be permitted to be displayed
on the exterior of any building.
[1985 Code § 10-2.16]
It shall be unlawful for any person owning, operating or managing
a motel, or any agent, servant or employee performing duties for the
motel to:
a.
Charge a price greater than the motel's accommodation price advertised
in the outdoor signs, or as advertised in any manner whatsoever, or
as set out in the rate cards displayed in each unit.
b.
Post or allow to remain posted on any outdoor advertising signs,
rates for accommodation in such motel unless there shall be available
for immediate occupancy accommodations at the rate posted on such
signs.
c.
Post, authorize the posting, or allow to remain posted an outdoor
advertising sign on which the rates for accommodation are different
from the rate signs posted in each unit.
d.
Make an extra charge for the use of appliances or facilities such
as air-conditioning, television, fans, radio, swimming pool, etc.,
unless such extra charge is clearly shown on the outdoor advertising
sign.
[1985 Code § 10-2.17]
a.
Any license issued under this section may be suspended or revoked
by the Borough Council for:
b.
Due notice of the charges and of the date fixed for the hearing thereof
shall be given to the licensee to the end that he shall have the opportunity
to be heard at the hearing prior to revocation or suspension of his
license.
[1985 Code § 10-2.18; repealed 10-19-2021 by Ord. No.
2021-13]
[1985 Code § 10-2.19; New]
[1985 Code § 13-1.1]
An owner or tenant of lands within the Borough upon which a
junkyard is located, operated or maintained shall remove same from
public sight or shall enclose such portions thereof that face the
public streets with a solid wooden or shrubbery wall or fence of not
less than seven feet in height, and provide gates or doors made of
solid wooden material. Such wall or fence shall be maintained in good
condition and not allowed to fall into disrepair or become unsightly.
[1985 Code § 13-1.2]
[1985 Code § 7-1.10; New]
Any person owning or operating any restaurant, dining room or other public dining area or other public place where food or liquid refreshments are sold or served to the general public and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued, and which person permits the consumption of wine or a malt alcoholic beverage in that portion of the premises which is open to the public, shall be required to have a license issued by the Borough Clerk for each such premises. The license shall be issued annually and shall be $50 for each premises. Any person violating the provisions of this section shall be subject to the penalty contained in Chapter 1, Section 1-5.
[1]
Editor's Note: Prior ordinance history includes portions of
1985 Code §§ 6-8.1 — 6-8.6 and Ordinance No.
1989-21.
[Ord. No. 2008-#11]
As used in this section:
Shall mean and refer to the definition of "Alarm System."
Shall mean equipment, a device or an assembly of equipment
and devices designated to signal the presence of an emergency or hazard
requiring urgent attention and to which the Police or Fire Department
may be expected to respond. In this ordinance, the term "alarm system"
shall include the terms "alarm devices," "dial alarms," "direct alarms,"
"local alarms," and "digital alarms."
Shall mean a member of the Police Department of the Borough
of Ringwood.
Shall mean any type of alarm system that, when activated,
transmits a preprogrammed electronic telephone message to Police Headquarters
over the regular telephone lines to the Police Dispatcher via the
telephone.
Shall mean any alarm or signal of an alarm system actuated
by inadvertence, negligence, intentional or unintentional act of a
person other than intruder and including alarms caused by mechanical
failure, malfunctioning or improper installation of the alarm system
and related equipment.
Shall mean any alarm system which, when activated, produces
a signal not connected to the alarm console or the Police switchboard
such as any alarms actuating bell, siren or horn devices or notification
of private alarm monitoring company or other person, providing warning
of intrusion, fire, smoke flood or other peril. The term "local alarm"
shall include an alarm system on a motor vehicle, provided such system
is not interconnected with an alarm device, a dial alarm, a direct
alarm or a local alarm. The term "local alarm" shall also include
any alarm equipment designated to signal solely within the building
(or series of buildings, if owned by the same person) or which is
not designated to emit signals visible or audible to persons outside
such building (or series of buildings).
Shall mean any natural person, partnership, corporation,
association, business, club or any other type of business entity or
association of persons.
[Ord. No. 2008-#11]
Dial alarm devices transmitting a preprogrammed electronic telephone
message to Police Headquarters over the regular telephone lines to
the Police Dispatcher via telephone shall not be permitted in the
Borough of Ringwood.
[Ord. No. 2008-#11]
a.
All local alarm devices existing or installed after the adoption
date of this section must be registered with the Police Department
within 60 days of the date of installation.
b.
There shall be an initial registration fee of $50 and thereafter
an annual registration fee of $50.
c.
No fees shall be imposed upon any religious or charitable nonprofit
organization.
[Ord. No. 2008-#11]
a.
Failure of any alarm owner to provide for an automatic 15 minute
shutoff on any externally audible or visible alarm shall result in
a fine of $50 unless specifically exempt by the Police Chief.
b.
Failure of any local alarm owned to register said local alarm within
the prescribed period shall be subject to a $100 fine.
c.
In the event of a false alarm or actual alarm and no person can be
located to secure the device, then and in that event, the owner shall
pay a fine not to exceed $100, which shall be in addition to the fines
provided for in this section.
d.
A service charge of $50 will be charged to the registrant for each
type of residential-type alarm after the first four false alarms in
each calendar year; and after the sixth false alarm in each calendar
year, the service charge will be $100 for each false alarm.
e.
A service charge of $50 will be charged to the registrant of industry
or business after the first four false alarms in each calendar year
up to the sixth false alarm. After the sixth false alarm, the service
charge will be $100 for each false alarm in each calendar year. The
Chief of Police upon proper investigation shall have the authority
to order the discontinuation of alarm privileges when deemed necessary
for repeated false alarms.
f.
A service charge will be billed to the subscribed monthly and bills
will be due within 30 days. Failure to pay this service charge shall
be considered a violation of this section and shall subject the device
to immediate disconnection and the owner to penalties for violation
of this section. The penalty shall be a fine not to exceed $100.
[Ord. No. 2007-#23]
No person shall engage in the business of commercial lawn fertilizer
application within the Borough unless a license has been obtained
from the Borough Clerk as provided herein.
[Ord. No. 2007-#23]
a.
Applications for a commercial lawn fertilizer applicator license
shall be submitted to the Borough Clerk. The application shall consist
of the following:
b.
Fertilizer Formula. A copy of the formula for fertilizer mixtures
meeting the limitation of subsection 16-3.2a to be applied within
the Borough shall be submitted along with the initial application
for a license and, thereafter, at least 30 days before fertilizer
composition changes are implemented.
c.
License Fee. The license fee shall be set at $50. The license shall
expire on the 31st day of December. The license fee shall not be prorated.
[Ord. No. 2007-#23]
Commercial fertilizer applicator licenses shall be issued subject
to the following conditions, which shall be specified on the license
form:
a.
Random Sampling. Commercial fertilizer applicators shall permit the
Borough to sample any commercial fertilizer application to be applied
within the Borough at any time after issuance of the initial license.
b.
Possession of License. The commercial fertilizer application license
or a copy thereof shall be in the possession of any party employed
by the commercial fertilizer applicator when making fertilizer applications
within the Borough.
[Ord. No. 2007-#23]
All licenses issued under this section shall be deemed to be
granted upon the express condition that, in addition to any other
sanction or penalty, the Borough Manager may:
a.
After due notice by personal service or registered or certified mail
and after due hearing, suspend or revoke the license of any person
for violation any provision of this section.
b.
Suspend temporarily, pending a hearing or notice thereof, any such
license when deemed by the Borough Manager to be immediately necessary
to prevent emergent danger to the public welfare, good or morals.
Any such temporary suspension without notice shall be for a period
not longer than 10 days.
[Ord. No. 2007-#23]
[Added 10-19-2021 by Ord.
No. 2021-13]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any form of solicitation, promotion, marketing and/or communication
used to solicit, encourage, persuade, or manipulate views, readers,
or listeners into contracting for goods and/or services in violation
of this article, as same may be viewed through various media including,
but not limited to, newspapers, magazines, flyers, handbills, pamphlets,
commercials, radio, direct mail, internet websites, or text or other
electronics messages for the purpose of establishing occupancies or
uses of rental property for consideration, which are prohibited by
this section.
The receipt or acceptance of any legally recognized form
of consideration including a promise or benefit, a quid pro quo, rent,
fees, money, other forms of payment and/or things of value.
Any single family detached dwelling, whether furnished or
unfurnished, used and/or offered or made available for use, for accommodations,
lodging, cooking, sleeping, gathering and/or entertaining of occupants
and/or guests.
Any person or entity, association, limited liability company,
corporation, or partnership, who, alone or jointly or severally with
others, has actually possession of, or possessory rights to, a dwelling
unit or any portion thereof, for a period of 30 days or more.
Any person or entity, association, limited liability company,
corporation, or partnership, who, along or jointly or severally with
others:
Shall have legal title to a dwelling unit, with or without accompanying
actual possession thereof; or
Shall have charge, care or control of a dwelling unit, as owner
or agent of the owner, or as executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of this section and the rules and regulations adopted pursuant thereto,
to the same extent as if they were the owner.
Any individual, entity, association, limited liability company,
corporation, or partnership, and any person and/or entity acting on
their behalf or in concert therewith.
[Added 10-19-2021 by Ord.
No. 2021-13]
a.
It shall be unlawful for an owner or occupant of a dwelling unit
to receive or obtain consideration for the rental of any dwelling
unit for a period of 30 days or less.
b.
This section does not apply to lawfully established and operating
hotels, motels, and bed-and-breakfast establishments. This section
does not apply to any use of single-family dwellings protected by
New Jersey State Statutes including, but not limited to, community
residences for the developmentally disabled, community shelters for
victims of domestic violence, community residences for the terminally
ill, community residences for persons with head injuries, and children
in group homes pursuant to N.J.S.A.40:55D-66c.
[Added 10-19-2021 by Ord.
No. 2021-13]
Nothing contained in this section is intended to prohibit:
[Added 10-19-2021 by Ord.
No. 2021-13]
It shall be unlawful to advertise, solicit or promote by any
means the rental of dwelling units for a period of 30 days or less
in violation of the provisions of this section.
[Added 10-19-2021 by Ord.
No. 2021-13]
a.
The Police, Health and Engineering/Construction departments of the
Borough are hereby authorized to enforce the provisions of this section.
b.
Any person who violates or neglects to comply with any provision
of this section may, upon conviction thereof, be subject to a fine
not exceeding $2,000; by incarceration for a period not exceeding
90 days; or by community service not exceeding 90 days. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
c.
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunctive relief in any court of
competent jurisdiction.
[Added 4-18-2023 by Ord.
No. 2023-01]
It is the intention of this section to comply with the requirements
imposed upon the Borough by P.L. 2022, c. 92, which provides for the
annual registration of certificates of insurance by business owners
and the owners of rental units located in the Borough.
[Added 4-18-2023 by Ord.
No. 2023-01]
a.
As required by the aforesaid statute and except as provided in paragraph
b of this section, the owner of a business or the owner of a rental
unit or units shall maintain liability insurance for negligent acts
and omissions in an amount of not less than $500,000 for combined
property damage and bodily injury to or death of one or more persons
in any one accident or occurrence.
b.
The owner of a multifamily home which contains four or fewer units,
one of which is owner-occupied, shall maintain liability insurance
for negligent acts and omissions in an amount of not less than $300,000
for a combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
[Added 4-18-2023 by Ord.
No. 2023-01]
a.
The owner of a business, the owner of a rental unit or units, and
the owner of a multi-family home of our or fewer units, one of which
is oner occupied, shall annually file a copy of a certificate of insurance
demonstrating compliance with P.L. 2022, c. 92 with the Borough Clerk.
b.
A copy of the certificate of insurance shall be filed with the Borough
Clerk as follows:
[Added 4-18-2023 by Ord.
No. 2023-01]
Any person or entity offering and/or engaged in buying, selling,
storing, and/or transferring merchandise, goods, real property, personal
property, moneys, services and/or other items who do so for a fee,
price, retainer, commission, percentage and/or other means of compensation
for the purpose, stated or otherwise, of realizing a profit or other
gain.
