[1973 Code § 98-31; Ord. No. 5-22-74; Ord. No. 12-11-74; Ord. No. 7-9-75; Ord. No.
12-23-82; Ord. No. 5-13-87; Ord. No. 2012-22]
|
Type of License
|
Fee
|
|---|---|
|
Food vending machine (per machine including milk)
|
$50
|
|
Kennel
|
$100
|
|
Pound
|
$100
|
|
Shelter
|
$100
|
|
Pet shop
|
$50
|
|
Coin-operated dry cleaning
|
$75
|
|
Retail food establishments (selling area under 5,000 square
feet)
|
$50
|
|
Retail food establishments (selling area over 5,000 square feet)
|
$100
|
|
Restaurants (seating 1-20)
|
$50
|
|
Restaurants (seating 21-50)
|
$75
|
|
Restaurants (seating 51 and over)
|
$100
|
|
Retail food establishments (temporary)
|
$20
|
|
Mobile retail food establishments
|
$250
|
[Ord. No. 2015-30]
The fee for the issuance or renewal of a license to operate
a public recreational bathing facility shall be $200 annually.
[1973 Code § 98-32; Ord. No. 5-22-74]
The above license fees are hereby imposed for the purpose of
defraying the cost of regulation of the aforementioned businesses.
[1973 Code § 98-33; Ord. No. 5-22-74]
No license granted to any person or corporation under the terms
of this section shall be assignable or transferable.
[1973 Code § 98-34; Ord. No. 5-22-74]
All licenses granted hereunder shall expire on May 31 of each
year regardless of when such license is issued.
[1973 Code § 98-35; Ord. 5-22-74; New]
[1973 Code § 111-1]
As used in this section:
Shall mean a person, commonly referred to either as a "peddler"
or "hawker," who goes from place to place or from house to house by
traveling on the streets and carries with him goods, wares and merchandise
for the purpose of then and there selling and delivering such goods,
wares and merchandise to consumers.
[1973 Code § 111-2]
It shall be unlawful for any peddler to sell, solicit, dispose
of or offer for sale any goods, wares or merchandise within the Town
of Kearny, without first obtaining the licenses hereinafter mentioned
and paying the license fees herein prescribed.
[1973 Code § 111-3]
Any person, firm or corporation desiring to obtain a license
under this section shall apply in writing to the Town Clerk on a form
or forms prepared by the Town Clerk and approved by the Council. Every
application for a license shall contain the name of the person, firm
or corporation desiring the same and the place of business of such
applicant. Such applicant shall also give the name and address of
the person making such application and, if a firm, of each member
of same. If the applicant is a corporation, the application shall
contain the names and residences of its principal officers. In addition
to such statements, there shall be set forth in the application the
location of the place of business, or proposed location thereof, for
which the license is sought. Following the filing of the application,
the Town Clerk shall investigate and verify the facts therein stated.
After such investigation and the payment of the license fees prescribed,
the license shall be issued and shall be evidenced by a plate, badge
or other means of identification.
[1973 Code § 111-4]
a.
Licenses for Vehicles. A license shall be obtained for each wagon,
pushcart, bicycle, tricycle, automobile or other vehicle, whether
motor-driven or not, used in connection with peddling. This license
may be transferred from one vehicle to another owned by the same licensee.
The plate, badge or other evidence of such license shall be displayed
at all times in a conspicuous part of the vehicle.
b.
Licenses for Individuals. A license shall be obtained by each individual
actually engaged in the business of peddling either as owner of the
business or as agent, servant or employee of another licensed peddler.
This license shall not authorize any individual except the one designated
therein to peddle thereunder and shall not be transferable. The license
shall be carried by the individual at all times and shall be exhibited
upon the demand of any of the citizens of the Town or any member of
the Police Department.
[1973 Code § 111-5]
Each license shall be good only in the year in which it is issued
and shall be effective from the first day of June in each year. Any
licensee applying for and obtaining a license after June 1 of any
year, shall pay the license fee for the full year and shall not be
allowed any rebate or refund if the licensee surrenders the license
before the expiration of the year.
[1973 Code § 111-6; § 112-1; Ord. No. 2-23-93; Ord.
No. 10-10-1995]
The license fees payable shall be as follows:
a.
License Fees for Vehicles. Each wagon, pushcart, bicycle, tricycle,
automobile, or other vehicle, whether motor-driven or not, used in
connection with peddling shall be subject to a license fee as hereinafter
set forth. Any vehicle carrying any one of the specified licenses
following may be used in connection with the peddling of any other
goods, wares and merchandise for which the same or lesser license
fee is payable:
1.
Peddlers of ice and/or coal: $50.
2.
Peddlers of shrubbery, plants, bulbs and products of the nursery:
$50.
3.
Peddlers of fruits and vegetables: $50.
4.
Peddlers of house-furnishing goods: $50.
5.
Peddlers of dairy products, butter, cheese, eggs and poultry (milk
excepted): $50.
6.
Peddlers of bread, cakes, pastries and pies: $50.
7.
Peddlers of fish or fish products: $50.
8.
Peddlers of meat and/or groceries: $50.
9.
Peddlers of candy, soft drinks, sandwiches, box lunches and cigars:
$50.
10.
Peddlers of ice cream or ice-cream combinations: $100.
11.
Peddlers of dry goods and wearing apparel: $50.
12.
Peddlers with wagon, pushcart, automobile or other vehicle, whether
motor-driven or not, selling any article not hereinabove provided
for, for each vehicle: $50.
b.
License Fees for Individuals. The license fee for any individual
peddling goods, wares and merchandise of any kind whatsoever shall
be $50, except that a license for one named individual shall be issued
without charge with the license for each wagon, pushcart, automobile
or other vehicle.
[1973 Code § 111-7]
This section is enacted for the purpose of raising revenue.
Revenue derived from the imposition of the license fees above stated
shall be used for general purposes of the Town.
[1973 Code § 111-8]
No peddler nor any person in his behalf shall shout, make any
cryout, blow a horn or use any loud-speaking radio or sound-amplifying
system upon any of the streets, alleys, parks or other public places
of the Town of Kearny or upon any private premises in the Town where
sound of sufficient volume is emitted or produced therefrom to be
capable of being plainly heard upon the streets, avenues, alleys,
parks or other public places, for the purpose of attracting attention
to any goods, wares or merchandise which such licensee proposes to
sell.
[1973 Code § 111-9]
No peddler shall maintain a stationary location in any area
zoned residential by the Kearny Zoning Ordinance nor shall any peddler
obstruct the streets or sidewalks of the Town of Kearny, nor shall
any peddler trespass on the private property of others, while peddling
of any goods in the Town of Kearny.
[1973 Code § 111-10; Ord. No. 2001-0-09; Ord. No. 2008-(O)-25]
a.
No peddler, with the exception of a peddler of ice cream or box lunches,
shall sell, solicit, dispose of or offer for sale any goods, wares
or merchandise except between the hours of 9:00 a.m. and 6:00 p.m.,
except that at outdoor events sponsored by the Town such sales and
solicitations may take place at the location of the event beginning
one hour before the start of the event and ending 1/2 hour after the
end of the event.
b.
No ice-cream peddler shall sell, solicit, dispose of or offer ice
cream for sale except between the hours of 9:00 a.m. and 9:00 p.m.
during the months of June, July and August and between 9:00 a.m. and
8:00 p.m. during the other months of the year except that at outdoor
events sponsored by the Town such sales and solicitations may take
place at the locations of the event beginning one hour before the
start of the event and ending 1/2 hour after the end of the event.
[1973 Code § 111-11]
No peddler shall sell, solicit, dispose of or offer for sale
any goods, wares or merchandise within 200 feet of established premises
dealing in the same or similar goods, wares or merchandise.
[1973 Code § 111-12; Ord. No. 2001-0-09]
No peddler shall sell, solicit, dispose of or offer for sale
any goods, wares or merchandise on Kearny Avenue, Midland Avenue and
Elm Street between Midland Avenue and Belleville Turnpike and Hackensack
Avenue south of State Highways 1 and 9, except during the time when
a parade, street fair or other special event has been approved by
the Mayor and Council to be conducted on one of those streets. In
no event shall any such peddler sell or offer for sale any product
of the kind generally referred to as silly string.
[1973 Code § 111-13; New]
[Ord. No. 2000-0-32 §§ 1
— 4]
a.
Definition of Vendor's Vehicle or Container. As used in this subsection,
"vendor's vehicle" or "container" shall mean a motor vehicle or dispensing
container transported by a motor vehicle that is used to carry the
goods, wares or other merchandise offered for sale to the general
public and from which sales are made to customers invited to the vehicle
or container and solicited for such purpose through any device or
means designed to attract attention to such vehicle or container.
b.
Time Limits. No vendor or merchant shall park his vendor's vehicle
or container for a period longer than 30 minutes in any one block
during any twelve-hour period. This subsection shall not affect any
person engaged in the delivery of goods, wares or merchandise or other
articles or things in the regular course of business to the premises
of persons ordering or entitled to receive the same.
c.
Whenever any Police Officer determines that a vendor's vehicle or
container has been parked on one block for a period longer than 30
minutes, he shall order the vendor or merchant to remove his vendor's
vehicle or container from the block upon which it is located. Any
vendor or merchant who refuses to remove his vendor's vehicle or container
after being ordered to do so by a Police Officer shall be guilty of
a violation of this subsection.
[1973 Code § 111-14]
No person, except as in this section provided, shall canvass,
solicit, distribute circulars or other matter, nor call from house
to house in the Town, without first having reported to and received
a written permit from the Chief of Police or the Officer in Charge
at Police Headquarters.
[1973 Code § 111-15]
The Chief of Police or, in his absence, the Officer in Charge
at Police Headquarters, shall have power to grant a permit to canvass,
which permit shall specify the number of hours or days that the permit
will be in effect, and such officer shall refuse to issue a permit
in all cases where the application of the canvasser or further investigation,
to be made at the discretion of such Officer, shows that the canvasser
is not of good character or that he is canvassing for a project not
free from fraud. The Chief of Police or, in his absence, the Officer
in Charge at Police Headquarters, shall revoke the permit for failure
or refusal on the part of the permittee to observe the rules and regulations
herein set forth.
[1973 Code § 111-16]
Before the permit may be issued, the canvasser shall make an
application to canvass, giving his or her full name and address, age,
height, weight, place of birth, whether married or single, length
and place of residence, whether or not previously arrested or convicted
of crime, clothing worn, by whom employed, address of employer and
a description of the project for which he or she is canvassing; and
a copy of any and all contracts, agreements or other paper writings
to be signed by the persons interviewed by the canvasser, certified
by the employer to be a true copy of the contracts or agreements,
shall be filed with the application to canvass. Each applicant shall
be fingerprinted and photographed before a permit shall be issued.
[1973 Code § 111-17; 112-1; Ord.
No. 2-23-93; Ord. No. 10-10-95; Ord. No. 2012-22]
a.
The fee for each permit issued hereunder shall be $30, except that
if the permit is issued for noncommercial purposes, no fee shall be
exacted.
b.
For each renewal of any permit heretofore issued by the Town of Kearny
pursuant to the provisions of this section the investigation fee shall
not exceed $6 and the maximum waiting time within which such permit
shall be issued shall not exceed 24 hours.
[1973 Code § 111-18]
No person shall canvass within the Town except between the hours
of 9:00 a.m. and 5:00 p.m. A copy of the permittee's photograph shall
be carried on his or her permit, which photograph shall be furnished
by the applicant. The permittee shall exhibit his or her permit to
any Police Officer or other person upon request. The permittee shall
be courteous to all persons in canvassing and shall not importune
or annoy any of the inhabitants of the Town and shall conduct himself
or herself in a lawful manner. On expiration of the permit, the holder
thereof shall surrender the same to the Officer in Charge at Police
Headquarters.
[1973 Code § 111-19]
This section shall not affect any person engaged in the delivery
of goods, wares or merchandise or other articles or thing in the regular
course of business to the premises of persons ordering or entitled
to receive same.
[1973 Code § 111-20]
This section shall not affect any person or persons duly licensed
by the State of New Jersey to engage in the pursuit of his/her or
their business in the Town of Kearny, and, further, shall not affect
any person or persons employed by insurance companies duly authorized
to do business in the Town.
[1973 Code § 111-21; New]
[1973 Code § 98-1]
It shall be unlawful for any person to sell or attempt to sell
at public auction any goods, chattels or personal property, or to
post or tack bills or engage in the business of billposting, or junkman,
or use any vehicle for such purposes in the Town of Kearny, without
having first obtained a license from the Town Clerk to do so.
[1973 Code § 98-2]
The Town Clerk is hereby authorized to issue any such license
upon payment to him by the applicant of the proper fee therefor as
hereinafter provided.
[1973 Code § 98-3]
Every such license shall remain in force and be valid only for
the time therein expressed but not for a greater period than one year,
and shall apply only to the person to whom granted and shall not be
transferable.
[1973 Code § 98-4]
Peddler and junkman licensees shall receive a metal tag numbered
to correspond to the license, which shall be attached to the side
of the vehicle if one is used for peddling or for the business of
junkman. A separate tag shall be required for each vehicle used for
such purpose of peddling, hawking or junk business, and no vehicle
shall be used for such purposes unless the metal tag is attached thereto
as aforesaid.
[1973 Code § 98-5]
Any person, corporation or partnership to whom any such license
is issued as herein provided is hereby required to exhibit any such
license whenever called upon by any Police Officer to do so.
[1973 Code § 980-6; 112-1; Ord.
No. 2-23-9; Ord. No. 10-10-95; Ord. No. 2012-12]
License fees under this section shall be as follows:
|
Auctioneers
|
$75
|
[1973 Code § 98-7]
The license fees imposed by this section for auctioneers and
bill tackers or posters are imposed for revenue purposes.
[1973 Code § 98-8; New]
[1973 Code § 98-9]
The purpose of this section is:
a.
To prevent unfair competition and dishonest business practices by
requiring persons intending to engage in any of the occupations to
be licensed by this section to furnish certain preliminary information
and to conform to the requirements of this section, and, to the extent
set forth in this section, to regulate the conduct of persons engaged
in any of the occupations.
b.
To impose upon transient merchants and itinerant vendors license
fees for revenue.
[1973 Code § 98-10]
As used in this section:
Shall mean a person who engages in business in this municipality
by hiring premises for the sale of merchandise and intending to remain
longer than one year subsequent to the opening of the premises.
Shall mean an individual, firm, partnership, corporation,
voluntary association, incorporated association and principal agent
thereof.
As defined in Chapter 88 of the Pamphlet Laws of the State
of New Jersey for the year 1931, and also it is intended that "transient
merchant" and/or "itinerant vendor" shall mean and include all persons
engaged in the distributing by sale or otherwise of all newspapers,
periodicals, magazines, catalogs, pamphlets, books and flowers.
[1973 Code § 98-11]
It shall be unlawful for any transient merchant, itinerant vendor
or new merchant to offer for sale or to sell or dispose of any goods,
wares or merchandise within the municipality of the Town without first
obtaining a license and paying the license fee hereinafter prescribed,
except that new merchants shall not be required to pay the license
fee provided for until the same becomes due as hereinafter provided;
nor shall a person who sells goods, the proceeds of which are devoted
exclusively to the purposes of a philanthropic, charitable or religious
society on whose behalf he acts as an agent without pay, be required
to pay the license fee or meet the bond requirement as hereinafter
provided.
[1973 Code § 98-12]
A separate license shall be obtained by a licensed transient
merchant, itinerant vendor or new merchant for each branch or separate
place of business in which his business is conducted, and each license
shall authorize the licensee to conduct business only at the location
which is indicated therein.
[1973 Code § 98-13]
a.
In the case of an application for a license as a transient vendor
or new merchant, the Town Clerk is directed to establish the classification
of the business by procuring from the applicant a declaration of intention
in writing as to whether he intends to remain in business within the
municipality temporarily or for longer than one year.
b.
Applicants desiring a license to operate as a transient merchant,
itinerant vendor or new merchant shall file with the Town Clerk an
application on a blank form to be furnished by the Clerk. The applicant
shall furnish the following information as required on the form:
1.
Name of applicant.
2.
Permanent home address.
3.
Names and addresses of persons from whom goods making up the stock
were or are to be purchased.
4.
Three business references.
5.
The place or places of residence of the applicant for the three preceding
years.
6.
The length of time for which the license is desired.
7.
A description of the wares to be offered for sale.
8.
The number either of arrests or convictions for misdemeanors or crimes
and the nature of the offenses for which arrested or convicted.
9.
If applicant represents a person or firm, a letter from the person
or firm for whom applicant purports to work, authorizing him to act
as such person's or firm's representative.
10.
The average quantity and kind, as nearly as can be, and the value,
of the stock if goods, wares and merchandise intended to be sold or
exposed for sale.
11.
The location of such goods, wares and merchandise by street and number
and whether on the premises from which they are to be sold or in warehouse
or storage.
The Town Clerk, in arriving at the valuation of the stock of
goods, may require the submission of bills or invoices of such goods,
wares and merchandise intended to be sold.
c.
The statements required by this section to be set forth by the applicant
on his application shall in every case by verified by the oath of
the applicant.
[1973 Code § 98-14]
Following the filing of the application with the Town Clerk,
the Clerk shall investigate the statements contained in the application
as to the arrests and/or convictions and the alleged present and preceding
places of residence of applicant, and shall investigate the financial
statements contained in the application. If the statements made in
the application are found to be correct and satisfactory, the Town
Clerk shall report to the Council, and the Council shall grant a license
to the applicant, provided all other requirements of this section
shall have been complied with.
[1973 Code § 98-15]
a.
Before any license shall issue, the applicant for a transient merchant's,
itinerant vendor's or new merchant's license shall file with the Town
Clerk a bond executed by the applicant, with good and sufficient surety
or sureties, to be approved by the Town Council, in the amount hereinafter
specified, which bond shall remain in force for one year and shall
be conditioned to indemnify and pay to the Town of Kearny any penalties
or costs incurred in the enforcement of any of the provisions of this
section, and further conditioned to indemnify or reimburse any purchaser
of goods, wares and merchandise in a sum equal to at least the amount
of any payment or payments such purchaser may have been induced to
make through the misrepresentations as to the kind, quality or value
of such goods, wares and merchandise so purchased, whether the misrepresentations
were made by the owner or by his servant, agent or employee either
at the time of making the sales or through any advertisement of any
character whatsoever printed or circulated with reference to the stock
of goods, wares and merchandise or any part thereof; and further conditions
that the bond shall be due and payable for any falsification of a
statement of fact in the application filed for the license or if the
business conducted under the license is conducted in a manner contrary
to law or against the morals, public health or safety of the life
or limb of the public, or, in the case of a new merchant, if the licensee
discontinues the business licensed in the municipality within one
year after date of the issuance of the license without the payment
of the license fee or fees required under this section.
b.
The penal amount of the bond in the case of a transient merchant
or itinerant vendor shall be 25% of the value of the applicant's stock
and in no event less than the sum of $1,000.
c.
The penal amount of the bond in the case of a new merchant shall
be 30% of the value of the applicant's stock, but in no case shall
the bond exceed $1,000 nor be less than $500.
[1973 Code § 98-16]
a.
Upon payment by an applicant to the Town Clerk of the sum of $500,
the Clerk is authorized to issue a license as transient merchant or
itinerant vendor, provided that such applicant shall otherwise comply
with the provisions of this section. Such license shall continue in
favor of the person to whom it is issued for a period of 180 days
from the day of issue.
b.
No license fee shall be required of a new merchant as a condition
precedent to the granting to him of a license as a new merchant by
the Council. If, however, such new merchant removes his stock and
business from the municipality within the year, he shall pay to the
Town Clerk the sum of $300 for each place at which his business was
conducted and which place of business is discontinued.
[1973 Code § 98-17]
The license issued to any applicant shall not authorize any
person except the designated licensee to engage in business under
such license. The license shall not be transferable from the person
to whom issued to any other person excepting upon the transferee's
complying with all the provisions of this section in relation to the
original application for a license, except that relating to the payment
of the license fee, and shall then only be transferable in case the
original license fee has been paid or a bond given to guarantee its
payment and the approval of the transfer has been given by the Council
upon the payment of a transfer fee to the Town in the sum of 10% of
the original license fee.
[1973 Code § 98-18]
A licensee shall have his license posted at his place of business
in a prominent position therein at all times during the valid period
of existence of such license.
[1973 Code § 98-19]
a.
A license may be revoked by the Council for the violation of the
terms of the license or falsification in applying for the license,
or when, in the opinion of the Council, the business so licensed is
conducted in a manner contrary to law or to public morals or to the
public health or to the safety of the life or limb of the public.
Before a license is revoked, the licensee shall be accorded a hearing
before the Council. The decision of the Council as to revocation shall
be final.
b.
A license may be suspended for not more than two weeks by the Council
upon probable cause being shown that the license should be revoked.
[1973 Code § 98-20]
The Council shall hold such hearings and make such investigations
as it may deem necessary in carrying out the provisions of this section
in relation to suspension or revocation of licenses.
[1973 Code § 98-21]
Nothing contained in this section shall be construed to relieve
any person from complying with the provisions of any ordinance of
the Town of Kearny relating to the manufacture, sale, distribution
or handling of food or food products.
[1973 Code § 98-22; New]
[1973 Code § 92-1]
As used in this section:
Shall mean any music-vending machine, contrivance or device
which, upon the insertion of a coin, slug, token, plate, disc or key
into any slot, crevice or other opening, or by the payment of any
price, operates, or may be operated, for the emission of songs, music
or similar amusement.
[1973 Code § 92-2]
Any person displaying for public patronage or keeping for operation
any jukebox shall be required to obtain a license from the Town upon
payment of a license fee, as hereinafter provided. Application for
such license shall be made to the Town Clerk upon a form to be supplied
by the Clerk.
[1973 Code § 92-3; Ord. No. 2006-(O)-60 § 14]
a.
The application for such license shall contain the following information:
1.
Name and address of the applicant, age, date and place of birth;
if applicant is a corporation, the names, ages and addresses, dates
and places of birth of its officers and directors; if a firm or association,
the names, ages, addresses, dates and places of birth of all members.
2.
Prior convictions of applicant, if any.
3.
Places where machine or device is to be displayed or operated and
the business conducted at that place.
4.
Description of machine to be covered by the license, mechanical features,
name of manufacturer, serial number.
b.
No license shall be issued to any applicant unless the applicant
shall be 18 years of age, or over, and no license shall be issued
to a corporation, firm or association unless all officers and directors
of the corporation, or all members of the firm or association, are
18 years of age or over.
[1973 Code § 92-4]
The Town Clerk shall refer each application for a license to
the Chief of Police who shall investigate the applicant and the location
whereon it is proposed to operate the jukebox and shall thereafter
forward the application to the Mayor and Council with a written report
of his findings and recommendations.
[1973 Code § 92-5; Ord. No. 2006-(O)-50]
All applications for licenses must be approved by the Mayor and Council, and after approval the Town Clerk shall issue the license to the applicant upon payment of the license fee set forth in Chapter 34, Summary of Fees. The Mayor and Council shall be guided by the following standards in deciding upon approval or disapproval of an application for a license.
a.
The applicant, if an individual, or its officers and directors, if
a corporation, or the members, if a firm or association, shall be:
b.
The applicant's premises, and use thereof, must be in compliance
with the Zoning Ordinance and all other rules, regulations, ordinances
and laws.
c.
In determining the moral character of applicants, as set forth in
paragraph a.2 above, the Mayor and Council shall consider:
1.
Penal History. All convictions, the reasons therefor, and the demeanor
of the applicant subsequent to his release.
2.
License History. The license history of the applicant; whether such
person, in previously operating in this or another State under a license,
has had such license revoked or suspended, the reasons therefor, and
the demeanor of the applicant subsequent to such action.
3.
General Personal History. Such other facts relevant to the general
personal history of the applicant as they shall find necessary to
a fair determination of the eligibility of the applicant.
Former subsection 5-6.6 pertaining to license fees for jukeboxes,
previously codified herein and containing portions of 1973 Code § 92-6
and Ordinances 10-10-95 and 2004-(O)-27, was repealed in its entirety
by Ordinance No. 2012-22.
[1973 Code § 92-7]
No person, firm or corporation or association holding a license
under this section shall permit the playing of a jukebox between the
hours of 2:00 a.m. and 9:00 a.m. of any day, and shall not permit
the playing at any time to be so loud as to disturb the peace and
quiet of the neighborhood.
[1973 Code 92-8]
The Mayor and Town Council shall have the power to revoke any
such license issued pursuant to this section, for cause, after notice
to the applicant and an opportunity to be heard.
[1973 Code § 92-9; New]
[1973 Code § 86-1]
It shall not be lawful for any person, firm or corporation to
maintain or operate any miniature golf course or any game of similar
nature on any lot or in any building within the Town of Kearny without
having first obtained a license from the Town Clerk so to do.
Former subsection 5-7.2 pertaining to license fees for miniature
golf, previously codified herein and containing portions of 1973 Code
§ 86-2, was repealed in its entirety by Ordinance No. 2012-22.
[1973 Code § 86-3]
The business of operating any such miniature golf course or
any game of similar nature upon any lot or in any building shall be
closed at 11:00 p.m. and shall remain closed until 7:00 a.m. of the
morning next following, and such business shall not be conducted on
any part of the day known as Sunday.
[1973 Code § 86-4]
No person, firm or corporation operating or maintaining the
business referred to in this section shall make, countenance or permit
any improper noise or disturbance on the premises so occupied and
shall not impede or obstruct any public sidewalk adjacent to the premises
so occupied or permit the same to be done.
[1973 Code § 86-5]
The Town Clerk, when authorized by the Town Council, shall issue
any such license upon the payment by the applicant of the proper fee
therefor as heretofore provided.
[1973 Code § 86-6]
Every such license shall remain in force and be valid for the
time therein expressed, and shall apply only to the person to whom
granted and shall not be transferable.
[1973 Code § 86-7]
Any person to whom such license is granted as herein provided
shall exhibit such license whenever called upon so to do.
[1973 Code § 86-8]
The Town Council shall have the power to revoke any license
for violation of this section or any other ordinance of the Town of
Kearny by the licensee hereunder.
[1973 Code § 86-9; New]
[1973 Code § 64-1; No. 11-24-82; Ord. No. 1-12-83; Ord. No. 2-22-84; Ord. No. 6-27-90]
As used in this section:
Shall mean any single building or premises containing five
or more coin-operated amusement devices.
Shall mean any automatic, mechanical or electronic amusement
device, game or device of skill or entertainment, such as pinball
machines, electronic games, bowling machines, mechanical game machines,
skee-ball machines, pokerino machines and commercial pool tables,
which is or are operated or set in motion by the deposit therein of
any coin or coins, tokens or slugs or the like thereof, purchased
for cash, and including electronic video type games or machines or
similar devices that use a display screen for points, lines or dots
of light that can be manipulated to simulate games or other types
of entertainment; provided however that this definition shall also
include commercial pool tables which are not operated by the deposit
of coins but for which a fee of any kind is paid in consideration
for the temporary use thereof. Excluded from this definition are music
vending machines commonly known as "juke boxes."
[1973 Code § 64.2; Ord. No. 11-24-82; Ord. No. 1-12-83]
No person shall install, place, maintain, operate or possess
in any store, place of business, building, public place, or quasi-public
place wherein the public is invited or may enter, any coin-operated
amusement device within the limits of the Town of Kearny without first
applying for and obtaining a license from the Mayor and Council for
each device to be utilized.
[1973 Code § 64-3; Ord. No. 11-24-82; Ord. No. 1-12-83; Ord. No. 2-22-84]
a.
Each device shall be located not less than five feet from the entrance
way or exit of the premises and placed so that it does not obstruct
or interfere with the free and unfettered passage of patrons or users
of the premises.
b.
No device shall be operated by an individual under the age of 16
prior to 2:30 p.m. This provision shall only be applicable on weekdays,
Monday through Friday inclusive when public, private, or parochial
schools are in session.
[1973 Code § 64-4; Ord. No. 11-24-82; Ord. No. 1-12-83; Ord. No. 2-22-84; Ord.
No. 10-10-95; Ord. No. 2004-(O)-27 § 2]
a.
The distribution fee for all premises that contain a device as defined
in this section shall be $100 per distributor and shall be paid annually
on or before January 15, of the year in which the device is to be
utilized.
b.
The fee for a license to operate a device as defined in this section
shall be $50 for the first machine and $25 for each additional machine.
The fee shall be paid annually on or before January 15 of the year
in which the device is to be utilized.
c.
The fee for an arcade as defined in this chapter shall be $1,500,
which shall include the distribution fee.
d.
No license, distribution, and/or arcade fee is refunded upon the
revocation or surrender of any license.
[1973 Code § 64-5; Ord. No. 11-24-82; Ord. No. 1-12-83]
[1973 Code § 64-6; Ord. No. 11-24-82; Ord. No. 1-12-83; Ord. No. 2-22-84]
The holder of a license shall not be permitted to transfer that
license to any other individual or to any other similar machine without
prior approval of the Kearny Vice Squad.
[1973 Code § 64-7; Ord. No. 11-24-82; Ord. No. 1-12-83; Ord. No. 5-25-83]
a.
No licensee shall permit any disorderly, lewd, dissolute, drunken,
obnoxious or boisterous person or any person under the influence of
intoxicating liquor or controlled dangerous substance to be admitted
to or remain on or about the licensed premises.
b.
The licensee shall provide one off-street parking space for every
200 square feet of floor area; provided however that this requirement
shall not apply to any licensee who is also the holder of a plenary
retail consumption license issued by the Town of Kearny pursuant to
the laws of the State of New Jersey governing the sale and consumption
of alcoholic beverages and which licensee operates no more than one
coin-operated amusement device.
[1973 Code § 64-8; Ord. No. 11-24-82; Ord. No. 1-12-83]
The license granted pursuant to this section shall:
a.
Be posted in a conspicuous place at the location for which the license
was granted.
b.
State the name and address of the licensee.
c.
State the manufacturer, model number, and serial number for each
device for which the license was issued.
d.
Such licenses must be signed by the Town Clerk.
e.
Such licenses must indicate the date of issuance and expiration date.
[1973 Code § 64-9; Ord. No. 11-24-82; Ord. No. 1-12-83]
For a new license subsequent to an initial license, application
shall be made by November 1 of the preceding year. The application
shall be in the same form as if the application were an original application.
License fees in the amount of the original license shall be charged
for each successive license unless a new fee has been duly established,
in which case the new fee shall be charged.
[1973 Code § 64-10; Ord. No. 11-24-82; Ord. No. 1-12-83]
a.
Application Information. An original and two copies of the application for the license set forth in subsection 5-8.2 must be filed together with the appropriate fees therefor, with the Town Clerk, who shall have 30 days to issue or deny same. The application shall contain the following information:
1.
Name and address of the applicant.
2.
Name under which the place of business is being operated and the
location of same.
3.
Type of alcoholic beverages sold, if applicable.
4.
Name and address of the person from whom each such device is to be
purchased, rented, or otherwise obtained.
5.
Description of each device to be licensed, including for each device
the name of the manufacturer, model number and serial number.
6.
Copies of agreements governing the acquisition and installation of
the devices if leased, documents of title if owned.
7.
Information indicating whether the distributor, the applicant, or
any person connected with the operation of the place of business wherein
the device is to be installed has ever been convicted of any crime
or convicted of the violation of any statute, ordinance or regulation
pertaining to gambling or gaming in any jurisdiction.
8.
The Mayor and Town Council may request of any applicant additional
information supplementing the information given in the application.
9.
The truth of the information submitted in any application under this
section shall be sworn to, and any willful misstatement therein shall
be considered a violation of this section and shall subject the offender
to the penalties provided herein.
[1973 Code § 64-11; Ord. No. 11-24-82; Ord. No. 1-12-83]
[1973 Code § 64-12; Ord. No. 11-24-82; Ord. No. 1-12-83]
[1973 Code § 64-13; Ord. No. 11-24-82; Ord. No. 11-28-84]
Every device shall have a decal prominently displayed on the
device showing the control number that has been assigned to the machine
by the Vice Squad of the Kearny Police Department. Any transfer of
the decal control numbers will be accompanied by a transfer fee of
$5 payable through the Kearny Vice Squad.
[1973 Code § 110-36; Ord. No. 8-9-78]
a.
The provisions of this section shall apply to machines owned and
operated exclusively for the sale of merchandise where the element
of neither chance nor skill is involved.
b.
The provisions of this section shall also apply to any machines which
are maintained or operated in premises which are licensed for use
by the holder of a Plenary Retail Consumption License or Club License,
issued under and pursuant to N.J.S.A. 33:1-1 et seq. provided 1 that
such premises are not located within 200 feet of a school, church
or other educational or religious institution, and 2 that no more
than two such machines are maintained or operated in any one licensed
premises.
[1973 Code § 110-37]
There is hereby imposed upon any person owning and operating
any vending machine, an annual license fee in the amount of $50 per
machine.
[1973 Code § 110-37.1; Ord. No.
8-9-78; New]
[1]
Editor's Note: Former Section 5-10, Amusement Rides, previously
codified herein and containing portions of 1973 Code §§ 51-1
— 51-7, was repealed in its entirety by Ordinance No. 2007-(O)-35.
[Ord. No. 2004-(O)-48; Ord. No. 2012-22; Ord.
No. 2016-31]
[1973 Code § 102-1]
It shall be unlawful for any person to use, operate or maintain
a sound truck, or mechanical loudspeaker or amplifying system, either
from a stationary position or on a truck or other moving vehicle,
for advertising or other purposes, in the Town of Kearny, without
first having obtained a permit from the Chief of Police.
[1973 Code § 102-2]
The Chief of Police is hereby authorized to issue such permit
upon payment of the permit fee of $1 by the applicant after the filing
of a proper application with the Chief of Police, setting forth the
name and address of the applicant, the purpose for which the permit
shall be issued, and the period of time for which the permit, after
granted, shall be made.
[1973 Code § 102-3]
Every such permit shall remain in force and be valid only for
the time and purpose therein stated, and shall apply only to the person,
firm or corporation to whom granted, and shall not be transferable.
[1973 Code § 102-4]
Any person, firm or corporation to whom such permit may be granted
is hereby required to exhibit such permit whenever called upon so
to do.
[1973 Code § 102-5]
Any permits granted hereunder shall be under the regulation
and control of the Police Department, and shall be subject to such
regulations as may be issued from time to time by the Chief of Police.
The Chief of Police shall not issue such a permit where the same may
cause injury to the health or welfare of any person or persons, and
he shall not issue such a permit for use on any general, primary or
special election day during the hours that the polls are open if the
permit is to be used in behalf of any political party or candidate
for elective office, and he shall not issue such a permit for use
after 6:00 p.m.
[1973 Code § 102-6; New]
[1973 Code § 67-1]
No person, society, club, association, organization, firm or
corporation shall conduct a public dance in the Town of Kearny without
having first obtained a permit to do so from the Chief of Police.
[1973 Code § 67-2]
Application for a permit to conduct a public dance shall be
made in writing to the Chief of Police at least 10 days prior to the
date upon which the dance will be held. The application shall set
forth the date, time and place at which the dance will be held and
the name and address of the person, society, club, association, organization,
firm or corporation conducting the dance.
[1973 Code § 67-3]
a.
The Chief of Police shall, within five days from the date of receiving an application, as set forth in subsection 5-14.2, notify the applicant, in writing, whether the permit is granted or denied, and failure to notify the applicant within the period of five days shall raise a conclusive presumption that the permit was granted. If the permit is denied, the applicant may, upon two days' notice to the Chief of Police, appeal to the Town Council, and the Council shall hear the appeal in a summary manner and may affirm or reverse the action of the Chief of Police. If the Council reverses the action of the Chief of Police, a permit shall immediately issue to the applicant.
b.
Before hearing the appeal, the Town Council shall cause a notice
of the date, time and place of the hearing to be published at least
once in a newspaper published and circulated in the municipality,
if there be one, and if not, in a newspaper printed in the County
and circulating in the municipality. If there be only one such publication,
the same shall be at least one week prior to the time fixed for the
hearing, and if there be more than one publication the first shall
be at least one week prior to the time fixed for the hearing.
[1973 Code § 67-4]
A Police Officer, furnished by the Chief of Police shall be
in attendance during the time a public dance is being conducted. The
person, society, club, association, organization, firm or corporation
obtaining the permit to conduct the public dance shall, for the services
of the Police Officer, pay the fee established by the Chief of Police.
[1973 Code § 67-5]
All music at any public dance conducted in the Town shall cease
at 1:30 a.m.
[1973 Code § 67-6]
The provisions of this section shall not apply to dances held
in: a. public schools under the supervision of the Board of Education
of the Town of Kearny, b. parochial schools under the supervision
of responsible heads of the parochial schools, c. churches or on church
property under the supervision of the responsible heads of the churches
or, d. premises owned by the person, society, club, association, organization,
firm or corporation conducting the dance.
[1973 Code § 67-7; New]
[1]
Editor's Note: Former Section 5-15, Tattoo Parlors; Tattooists,
previously codified herein and containing portions of Ordinance No.
1996-O-21, was amended in its entirety by Ordinance No. 2002-O-48.
[Ord. No. 2002-O-48]
All body art procedures, including among other things piercing,
tattooing, permanent cosmetics and ear piercing, shall be regulated
under the New Jersey State Sanitary Code (N.J.A.C. 8:27-1 et seq.).
[Ord. No. 2002-O-48]
All applications for permit pursuant to N.J.A.C. 8:27-1 shall
be made to the Kearny Board of Health.
[Ord. No. 2002-O-48]
All permits shall be for one year, or less if applied after
February 1 of a calendar year, and shall expire on February 1 of each
year.
[Ord. No. 2002-O-48]
The fee for permits shall be as follows:
|
Ear piercing
|
$50
|
|
Body piercing
|
$100
|
|
Tattoo parlor
|
$250
|
|
Permanent cosmetics and any other procedures
|
$250
|
[Ord. No. 2002-O-48]
Any person who shall violate any provision of this section shall
be subject to the penalties provided by N.J.S.A. 26:1A-10 and all
other applicable laws.
[1973 Code § 98-23]
As used in this section:
Shall mean and include places of pool, billiards, bowling,
saloon, cafe, bar, grill, restaurant, room, car, wagon or other sort
or nature wherein food or drink, or both, is sold to be consumed on
the premises in the Town, other than strictly soda, water and ice
cream, private boarding places or eating-place service.
[1973 Code § 98-24]
No person shall pursue the business or occupation of selling food or drink, or both, to be consumed on the premises in the Town as applied in subsection 5-19 until the owner, lessee or proprietor shall have obtained from the Town Council a license to carry on or conduct the business and paid to the Town Clerk a fee of $5 for such privilege.
[1973 Code § 98-25]
Each application for a license to sell food or drink, or both,
to be consumed on the premises shall be referred to the Board of Health
of the Town for investigation, and no licenses shall be granted unless
the Board of Health, after investigation, shall approve the license
application in writing.
[1973 Code § 98-26]
The granting of any such license shall be at the discretion
of the Town Council which license shall be signed by the Mayor and
Town Clerk, bearing date of issue, name of person or persons as licensed,
purpose for which granted and location of room or building wherein
the business or occupation is authorized to be carried on or conducted,
and it shall not be transferable or valid to authorize the licensee
to carry on or conduct the business or occupation in any place or
location other than that set forth in the license. The Council may,
for good or sufficient reason, revoke any such license; provided,
however, the licensee or licensees shall be given or afforded opportunity
to be heard and permitted to show cause why such action should not
be taken.
[1973 Code § 98-27]
All rooms or places shall be kept clean and well and brightly
lighted at all times, day or night, and the windows thereof shall
be so constructed and of clear, plain glass, free of curtains, shades,
screens or any obstruction whatever, as to afford a free, full and
clear view of the entire interior from the street or office or corridor
of the building wherein located.
[1973 Code § 98-29]
All licenses issued under this section shall expire annually
on December 31.
[1973 Code § 98-28; New]
[1973 Code § 98-30; Ord. No. 5-13-87]
As used in this section:
Shall mean and include any movable restaurant, truck van,
trailer, cart or other movable unit in or on which food or beverage
is stored, transported or prepared for resale or distribution at temporary
locations.
[1973 Code § 98-30; Ord. No. 5-13-87]
No person, firm or corporation shall operate a mobile retail
food establishment within the Town of Kearny unless all licenses required
by the Town are obtained. Such licenses shall be posted in a conspicuous
place in such establishment.
[1973 Code § 98-30; Ord. No. 5-13-87]
a.
All mobile retail food establishments must meet the requirements
of N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines.
b.
No person shall operate a mobile retail food establishment unless
that food offered for sale is obtained from an approved commissary
or other fixed food establishment as defined in N.J.A.C. 8:24. This
establishment must have received a satisfactory rating in the month
prior to licensing and be approved by the Kearny Health Department.
c.
No mobile food establishment shall park or stand on any property
in the Town of Kearny without providing approved rubbish facilities
to prevent the accumulation of litter.
d.
A hand wash sink with an adequate supply of hot and cold running
water shall be provided for each vehicle engaged in food preparation.
e.
No mobile retail food establishment shall park or stand on any property
commercial or private, in the Town of Kearny for the purpose of vending
food without first obtaining written permission of the owner thereof
and filing a copy of the aforesaid with the Kearny Health Department.
This letter must state that the mobile operator has access to restrooms.
f.
The mobile retail establishment operator shall successfully complete
a food handler's course approved by the Kearny Health Department.
g.
All mobile retail food establishments shall meet all other local
requirements.
[Ord. No. 2012-57; Ord. No. 2018-41]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean one or more rooms, designed, occupied or intended
for occupancy as separate living quarters, with one kitchen and sleeping
and sanitary facilities provided within the dwelling unit for exclusive
use of a single family maintaining a household.
Shall mean all sales open to the public at large held on premises the seller owns or on premises where he or she resides for the purpose of disposing of tangible personal property. They include, but not by way of limitation, sales denominated "garage," "lawn," "house," "estate," "auction," "yard," "attic," porch," "room," "backyard," "patio," or "rummage" sales and other like sales. Flea Markets shall not be governed by this Section 5-25 but instead shall be subject to the provisions of Town Code Section 4-26.
Shall mean any property which is the subject of a "garage
sale," typically, but not by way of limitation, used household or
personal articles such as furniture, tools, clothing or such other
items acquired in the normal course of living or in maintaining a
residence.
[Ord. No. 2012-57]
It shall be unlawful for any person to conduct a garage sale
within the Town without first obtaining a permit from the Town Clerk.
A permit may be issued only to the owner or resident of the premises
on which the sale is to be conducted.
[Ord. No. 2012-57]
The issuance of permits shall be restricted by dwelling units.
No more than three permits per dwelling unit shall be issued in any
one calendar year no matter how many persons occupy the particular
dwelling unit. No garage sale shall be permitted for more than two
days which days shall be consecutive.
[Ord. No. 2012-57]
Any person seeking to obtain a garage sale permit shall, at
least one week before the proposed date, complete and submit to the
Town Clerk an application for the issuance of a permit and shall pay
the required fee. The application shall be on a form established by
the Town which may be modified from time to time and shall contain
at least the following information:
a.
The location of the proposed sale.
b.
The dates and times of the proposed sale.
c.
The names of the owners of the premises on which the proposed sale
is to be conducted.
d.
If the proposed sale is not being conducted by the owners of the
premises, the name of the residents at that address who will be conducting
the sale, the applicant.
e.
The number of days of the sale.
f.
The date and nature of any past sale.
g.
A certification that the items to be sold are owned by the applicant
or being sold with the consent and authorization of the owner.
h.
A certification by the applicant that all of the information in the
application is true and known to the applicant to be true.
[Ord. No. 2012-57]
The fee for each garage sale license shall be $25. The fee shall
be nonrefundable but may be applied to an alternate date if the original
date has to be postponed because of rain or other natural element.
[Ord. No. 2012-57]
The Town Clerk shall receive the application and accept the
required filing fee and if, upon review of the application, the Clerk
finds it to be in compliance with the requirements of this section,
shall issue the permit. The permit shall be prominently displayed
on the premises upon which the sale takes place.
[Ord. No. 2012-57]
All garage sales shall be conducted between the hours of 9:00
a.m. and 5:00 p.m.
[Ord. No. 2012-57]
The property offered for sale may be displayed in a driveway
or in a garage, or in the rear yard or lawn of the premises for which
a permit has been issued. No property shall be displayed or otherwise
placed on any sidewalk, road, highway, street or public right-of-way.
[Ord. No. 2012-57]
No signs for advertising a sale or directing customers are to
be posted on any place other than the premises where the sale is to
be held. The sign shall be limited to two feet by two feet in size
and shall not be placed on the premises earlier than one week before
the sale and must be removed within 24 hours after the sale has terminated.
[Ord. No. 2012-57]
No permit shall be transferable by the permittee to any other
person, nor shall the place of the sale be changed without cancellation
of the permit and issuance of a new permit, upon application and payment
of the required fee for the new location.
[Ord. No. 2012-57]
a.
This section shall be enforced by the Police Department.
b.
The permittee and the owner of the premises, if the permittee is
not the owner, shall be responsible for the maintenance of good order
and decorum on the premises during the hours of the sale.
c.
The permittee and the owner shall quell any loud or boisterous conduct
on the premises and see to it that no vehicles impede the passage
of the traffic on any roads or streets in the area of the premises.
[Ord. No. 2012-57]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
The Town Wide Yard and Sidewalk Sale hosted by the Urban Enterprise
Zone Development Corporation in conjunction with the Mayor and Council.
b.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
c.
Persons acting in accordance with their powers and duties as public
officials.
d.
Sales by any bona fide, charitable, eleemosynary, educational, cultural
or other organization or association organized not for profit which
has been granted an exemption by resolution of the Mayor and Council.
The production of a certified copy of a certificate of incorporation
pursuant to N.J.S.A. 15A:1-1 et seq. shall be presumptive evidence
of the right of such organization to apply for the exemption.
[Ord. No. 2012-57]
Any person who violates any provision of this section shall,
upon conviction thereof, be punished by a fine not less than $50 nor
more than $500 or be imprisoned for a period not to exceed 10 days
for each violation. Each day on which a violation of an ordinance
exists shall be considered a separate and distinct violation and shall
be subject to imposition of a separate penalty for each day of the
violation.
[1973 Code § 65-1]
It shall not be lawful for any person or persons or corporation
to manufacture or sell concrete block, or conduct such business or
to use any place or places or premises in which or at which the business
is carried on or conducted, without having obtained a license from
the Construction Official.
[1973 Code § 65-2]
The Construction Official is hereby authorized to issue any
such license upon written application therefor signed by the applicant,
giving names and addresses of applicants and place where the business
is to be conducted, and upon the payment by the applicant to him of
the proper fee therefor, as hereinafter provided; if the applicant
shall be a corporation, a statement of the residence of the registered
agent of the corporation and the names of the officers thereof; if
the applicant shall be a partnership, the names of the partners interested
in the business and their respective addresses.
[1973 Code § 65-3]
Every such license shall remain in force and be valid only for
the time therein expressed, except that all licenses shall terminate
at 12:00 midnight of the last day of each year for which the license
was issued, and shall apply only to the person or persons or corporation
to whom granted and shall not be transferable.
[1973 Code § 65-4]
Any person or corporation to whom such license is granted, as
herein provided, is hereby required to exhibit such license whenever
requested so to do.
[1973 Code § 65-5]
The license fee under this chapter shall be $10 per year.
[1973 Code § 65-6; New]
[1973 Code § 79-1]
It shall not be lawful for any person to carry on or conduct
the business of florist or use any place or places for such purposes,
or sell flowers or plants of any description, without first having
obtained a license from the Town Clerk so to do.
[1973 Code § 79-2]
The Town Clerk is hereby authorized to issue any such license
upon the payment by the applicant of the proper fee therefor, as hereinafter
provided.
[1973 Code § 79-3]
Every such license shall remain in force and be valid only for
the time therein expressed, except that all licenses shall terminate
at 12:00 midnight of the last day of each year for which the license
was issued, and shall apply only to the person or persons or corporation
to whom granted, and shall not be transferable.
[1973 Code § 79-4]
Any person to whom such license is granted, as herein provided,
is hereby required to exhibit such license whenever requested so to
do.
Former subsection 5-27.5 pertaining to license fees for florists,
previously codified herein and containing portions of 1973 Code § 79-5
and Ordinance No. 2004-(O)-27, was repealed in its entirety by Ordinance
No. 2012-22.
[1973 Code § 79-6; New]
[1973 Code § 53-1]
It shall be unlawful for any person to use any vacant lot or
land in the Town of Kearny for the display or storage for sale of
used or new motor vehicles without first obtaining a license therefor,
as herein provided.
[1973 Code § 53-2]
Whenever two or more vehicles are displayed or stored for sale
in or on any such vacant lots or land, a license as herein provided
shall be required, and a separate license shall be required for each
separate place of business upon which the business is conducted; and
the license shall authorize the licensee to conduct the business on
the premises specified in the license, and the license shall not be
transferable to any other premises, nor shall the license be assignable
or transferable in any manner.
[1973 Code § 53-3; amended 5-10-2022 by Ord. No. 2022-12]
Every applicant for a license to engage in this business shall
file with the Town Clerk a written application signed by the applicant
or applicants, which application shall state:
a.
The name and address of the applicant, and, if a firm or corporation,
the names and addresses of the officers and the registered agent or
the partners.
b.
The place of previous employment or occupation of the applicant or
applicants, and whether or not the applicant or applicants have been
convicted of a crime.
c.
The detailed nature of the business to be conducted.
d.
The exact location of the place where the business is to be located
and carried on, including a description by metes and bounds of the
vacant lots or land to be used in the business, and the application
shall be accompanied by a survey of the plot to be used, showing the
existing or proposed entrance or entrances to the premises where the
business is to be conducted.
e.
If the applicant is not the owner of the site where the business
is to be conducted, the property owner's consent to the conduct of
the business shall be endorsed on the application.
[1973 Code § 53-4]
a.
Every application received by the Town Clerk shall be referred to
the Construction Official, who shall submit a written report to the
Town Clerk indicating if the proposed business complies with the Zoning
Ordinance. Upon receipt of a favorable report from the Construction
Official, the Town Clerk shall refer the application to the Police
Department and Fire Department for review (and site inspection if
it is deemed needed by the Fire Prevention Bureau). Thereafter the
Town Clerk shall submit the application to the Mayor and Council together
with the written report of the Construction Official and the recommendations
of the Police Department and Fire Department.
[Amended 5-10-2022 by Ord. No. 2022-12]
b.
All applications for licenses must be approved by the Mayor and Town Council and, after approval, the Town Clerk shall issue the license to the applicant upon payment of the license fee set forth in subsection 5-28.5. The Mayor and Council shall be guided by the following standards in deciding upon approval or disapproval of an application for a license:
1.
The applicant, if an individual, or its officers and directors if
a corporation, or the members if a firm, shall be 21 years of age
or over; of good moral character; and must not advocate or be a member
of any party, group or organization that advocates subversive practices
designed to overthrow, destroy or sabotage the government of the United
States.
2.
The applicant's premises, and use thereof, must be in compliance
with the Zoning Ordinance and all other rules, regulations, ordinances
and laws.
3.
In determining the moral character of applicants, as set forth in
paragraph a.1, above, the Mayor and Town Council shall consider:
(a)
Penal history. All convictions, the reasons therefor, and the
demeanor of the applicant subsequent to his release.
(b)
License history. The license history of the applicant; whether
such person, in previously operating in this or another state under
a license has had such license revoked or suspended; the reasons therefor,
and the demeanor of the applicant subsequent to such action.
(c)
General personal history. Such other facts relevant to the general
personal history of the applicant as they shall find necessary to
a fair determination of the eligibility of the applicant.
[1973 Code § 53-5; Ord. No. 8-10-88]
The annual fee for such licenses shall be the sum of $500, and
such licenses shall be effective from the date of issue to December
31 of the year in which the license is issued, and upon the expiration
of any license granted hereunder, the licensee shall make application
to the Town Council for an annual renewal of the license to conduct
the business for the following year from January 1 to December 31
of each year.
[1973 Code § 53-6]
No motor vehicle displayed or stored for sale shall be placed
on the sidewalk or street or any part thereof.
[1973 Code § 53-7]
No licensee or his agent shall knowingly buy, sell, receive,
dispose of, conceal or have in his possession any motor vehicle from
which the manufacturer's serial number or any other number or identification
mark has been removed, defaced or covered or destroyed for the purpose
of concealing the identity of such vehicle.
[1973 Code § 53-8; Ord. No. 9-20-79; Ord. No. 4-12-83; Ord. No. 1996-32]
Not more than one location in the Town of Kearny shall be granted
to each applicant licensed hereunder, nor shall any more than 15 licenses
be issued and outstanding at any one time; provided however that the
within stated numerical limitation shall apply only to those areas
presently zoned as "commercial" in the Town of Kearny. In the R-2A
Zone, only one license shall be permitted to be issued.
[1973 Code § 53-9]
No motor vehicle shall be displayed, stored, parked or located
for sale or exchange under the license issued hereunder within five
feet of any building occupied for residential purposes, nor within
five feet of any school, church or place of assembly.
[1973 Code § 53-10]
Any such vacant lot or land licensed hereunder, when used after
sundown, may be illuminated with electric lights which shall be installed
and constructed in such a manner as to deflect the lights from the
public highway and from any adjacent building or buildings. No unshaded
string of lights or unshaded streamers shall be permitted under this
section. The purpose of this provision is to eliminate the glare of
lights on the public highways in the Town of Kearny and on or in adjacent
buildings.
[1973 Code § 53-11]
It shall be unlawful to use, hang or post any pennants, streamers
or banners in or upon any premises licensed hereunder.
[1973 Code § 53-12]
All lights on any premises licensed hereunder shall be extinguished
not later than 10:00 p.m. each day.
[1973 Code § 53-13]
Within 10 days after any license is granted hereunder, that
portion of the area included in the license shall be enclosed by a
fence, wall, pipe fence, chain fence, wooden structure or barrier,
except a solid wooden fence, which fence, structure or barrier shall
be not less than three feet in height nor more than six feet in height,
and shall be of sturdy permanent construction, and must be approved
by the Construction Official; and the fence, structure or barrier
shall be set back at least one foot from every property line adjoining
the licensed area; and there shall be no opening or entrance or exit
in such fence, structure or barrier, except where the street curb
has been lowered in accordance with the rules and regulations of the
Street Department and the Town Engineer, and such opening or openings
shall not exceed in number or width the portions of the curb so lowered.
All such fences, structures or barriers shall be at all times maintained
and kept in proper repair during the licensed period.
[1973 Code § 53-14]
The hours during which any premises licensed hereunder may be
used for the conduct of such business shall be: On weekdays, from
7:00 a.m. to 10:00 p.m., and on Sundays from 12:00 noon to 7:00 p.m.
[1973 Code § 53-15]
This section is deemed necessary and proper for the protection
of persons and property, and for the preservation of the public safety
and welfare of the Town of Kearny, and to reduce traffic congestion
in the public streets.
[1973 Code § 53-16]
This chapter is passed for the purpose of raising revenue and
regulating the business herein referred to.
[1973 Code § 53-17]
[1973 Code § 93-1]
It shall be unlawful for any person, firm or corporation to
pick up or collect junk, discarded material or other waste material
in the Town of Kearny without first obtaining a license and pay the
license fee herein prescribed.
[1973 Code § 93-2]
Any person, firm or corporation desiring a license under this
section shall apply, in writing, to the Town Clerk on a form prepared
by the Town Clerk, which application for the license shall contain
the name and address of the person desiring the same, and shall set
forth the nature of the business to be conducted by the licensee in
the Town of Kearny. Upon the filing of such application, the Town
Clerk and the Chief of Police shall investigate and verify the facts
therein stated. After such investigation and approval by the Chief
of Police and the Town Council, the license shall be issued and shall
be evidenced by a plate, badge or other means of identification.
Former subsection 5-29.3 pertaining to license fees for junk
collection, previously codified herein and containing portions of
1973 Code § 93-3, was repealed in its entirety by Ordinance
No. 2012-22.
[1973 Code § 93-4]
It shall be unlawful for any person, firm or corporation licensed
hereunder to engage in the collection of junk, discarded material
or waste materials in the Town of Kearny except between the hours
of 7:00 a.m. and 5:00 p.m. each weekday, and the collection of junk,
discarded materials or waste materials in the Town of Kearny is prohibited
on Sundays.
[1973 Code § 93-5]
Any person associated with or employed by any license hereunder
shall be subject to investigation by the Town Clerk and Chief of Police,
and shall not engage in such business in the Town of Kearny unless
approved by the Chief of Police and the Town Council after such investigation.
[1973 Code § 93-6; New]
[1973 Code § 100-3]
It shall be unlawful for any proprietor or manager of, or any
other person or corporation, to open or keep open any motion-picture
theater, playhouse or amusement hall, or place of similar nature,
for the purpose of displaying motion pictures, or the exhibiting of
any plays therein, or to give any performance commonly called the
"vaudeville act," or recital of any description, or exhibition of
similar nature, within the Town of Kearny, without first obtaining
a license for the same from the Town of Kearny permitting the same.
[1973 Code § 100-4; Ord. No. 2004-(O)-27 § 2]
The fee for such license shall be the sum of $250 per year,
which year shall commence on June 1 of each year running to June 1
of the following year.
[1973 Code § 100-5]
No such license obtained from the Town of Kearny shall be transferable
in any event without first securing permission in writing from the
Governing Body of the Town of Kearny authorizing such transfer.
[1973 Code § 100-1]
Every person, firm or corporation owning, operating or maintaining
a motion-picture theater in the Town of Kearny shall maintain proper
and orderly conduct of its patrons during each and every performance
therein, and shall enforce all State and local legislation concerning
the maintenance and operation of such motion-picture theaters; and
every person, firm or corporation owning, maintaining or operating
a motion-picture theater in the Town of Kearny shall employ and maintain,
at the expense of such person, firm or corporation, a Special Police
Officer in each of such motion-picture theaters in the Town, and it
shall be the duty of such Special Police Officer to be in attendance
at each and every performance and to maintain proper and orderly conduct
of the patrons during each of such performances.
[1973 Code § 100-6; § 100-2; New]
Any person, firm or corporation violating or assisting in the violation of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each opening, as defined in subsection 5-30.1 or each exhibition or performance as defined in subsection 5-30.1 shall be considered a separate violation of this section.
[1973 Code § 113-1]
It shall not be lawful for any person to carry on or conduct
a pool or billiard parlor or business within the Town of Kearny, or
use any premises for such purposes, for profit, without having first
obtained a license from the Town Clerk.
[1973 Code § 113-2; Ord. No. 2012-22]
The Town Clerk is hereby authorized to issue any such license
upon the payment to him/her of the sum of $50 provided:
a.
A written application for such license shall be filed with the Clerk
10 days prior to the next meeting of the Town Council, which the application
shall be signed by the applicant and shall state the name of the applicant
and the persons intending to conduct the business, their age and residence
and, if the applicant is an incorporated company, the names of the
officers responsible for the conduct of the business.
b.
The Chief of Police approves in writing the application.
c.
The Town Council approves the application.
d.
The applicant shall agree to conduct the business and premises in
accordance with the provisions of this section.
[1973 Code § 113-3]
Each and every applicant licensed shall display, where the business
is conducted, the license in a prominent and conspicuous place.
[1973 Code § 113-4]
The place where the business is carried on shall at all times
be open to inspection and shall be under the control and regulation
of the Chief of Police, and he is hereby authorized to make and promulgate
such further rules and regulations with respect to the business as
shall be reasonable and proper for the maintenance of the peace and
good morals of the Town.
[1973 Code § 113-5]
This section shall not be considered as affecting any organization,
fraternal order or other private association which maintains, operates
or has pool or billiard tables for the use of members only.
[1973 Code § 113-6]
The interior of the place or premises where the business is
carried on at any and all times shall be open to full view by the
public from the street or hall or corridor of the place or premises
where the business is conducted.
[1]
Editor's Note: Former subsection 5-31.7, Operation on Sunday
Prohibited, previously codified herein and containing portions of
1973 Code § 113-7 was repealed in its entirety by Ordinance
No. 2006-(O)-60.
[1973 Code § 113-8]
No license shall be issued to conduct the business where the
place in which it is intended to conduct the same shall be below the
surface of the adjoining street.
[1973 Code § 113-9]
Any license granted pursuant to the terms of this section may
be revoked by resolution of the Town Council upon hearing and for
due cause, such as failure to comply with any of the provisions of
this section, but in the event that any license is revoked, the proportionate
part of the license fee which the unexpired period of the license
bears to the entire period for which the license is issued shall thereupon
be returned to the licensee.
[1973 Code § 113-10; Ord. No. 2006-(O)-60 § 15]
No person under the age of 18 years shall be permitted to play
pool or billiards in any place licensed hereunder.
[1973 Code § 113-11]
No games of chance, gaming, gambling, playing for money among
contestants or any other such practice or disorderly conduct shall
be permitted in any such licensed place.
[1973 Code § 113-12]
The license fee under this section shall be $10 for one year,
and all licenses shall expire at midnight, December 31, of each year,
and shall apply only to the person or persons to whom granted and
shall not be transferable.
[1973 Code § 113-13]
Applications for renewal shall be made to the Town Clerk 10
days prior to the last meeting of the Town Council of each year, and
may be granted when approved by the Chief of Police and the Council
and the payment of the aforesaid license fee and compliance with this
section.
[1973 Code § 113-14]
Such licensed pool or billiard business shall not be carried
on between the hours of 1:00 a.m. and 7:00 a.m.
[1973 Code § 113-15; New]
[Ord. No. 2016-28]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods 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 precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[Ord. No. 2016-28]
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.
Shall mean any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates any of the following trades or businesses: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; pawnbrokers as defined herein; itinerant
businesses as defined herein. For the purposes of this ordinance,
transient buyers, as defined herein, are subject to the same licensing
and reporting requirements as any other dealers.
Shall mean a dealer who conducts business intermittently
within the municipality or at varying locations.
Shall mean the Town Clerk of the Town of Kearny, Hudson County,
New Jersey.
Shall mean any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as furniture storage warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean gold, silver, platinum, palladium, and their alloys
as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean every transaction conducted between a dealer and
a member of the public in which precious metals, jewelry, or any other
secondhand goods as defined herein are purchased or pawned.
Shall mean used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles.
Shall mean a member of the public who sells or pawns used
goods such as precious metal, jewelry, or other secondhand goods to
a dealer.
Shall mean a dealer, as defined herein, who has not been
in a registered retail business continuously for at least six months
at any address in the municipality where the Dealer is required to
register or who intends to close out or discontinue all retail business
within six months.
[Ord. No. 2016-28]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, 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 persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. In the case of a corporation, the above information must be provided for all officers and stockholders of the corporation. In the case of a partnership, the above information must be provided for all partners of a partnership. In the case of a limited liability company, the above information must be provided for all the members of the limited liability company. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 5-32.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this chapter. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods 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 this chapter and shall be subject to the penalties established in subsection 5-32.9.
[Ord. No. 2016-28]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
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 those articles or goods referred to in subsection 5-32.2 above, 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 persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
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 precious metal or other secondhand goods, 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 5-32.6d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 5-32.6a.
b.
The Chief of Police 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 Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police 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 the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police 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 that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. 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 is 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 coconspirator; 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 5-32.5, the retention and inspection requirements of subsection 5-32.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly.
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 Chief of Police, 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 dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 2016-28]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 5-32.2.
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 or pawning such goods 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 Chief of Police, 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 5-32.2, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable.
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A.
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in paragraph c above, must additionally
be electronically documented through the use of an electronic database
system authorized by the Chief of Police. 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
Chief of Police, every dealer shall enter all reportable transactions
into the electronic database by the end of the close of business on
the same date as the purchase or receipt of property for pawn or consignment.
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 Chief of Police 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 5-32.6.
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 precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 5-32.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. 2016-28; Ord. No. 2016-54]
a.
All precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, before reselling or otherwise disposing of the same, shall be retained and made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 15 business days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 5-32.5 except for jewelry, which must be maintained for at least 15 business days or for the statutory period provided in N.J.S.A. 2C:21-36(d). All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the 15 business day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are 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 5-32.5b 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:20-4 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.
If market conditions would create a hardship on the dealer by holding
precious metals or other secondhand goods for such period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver of the requirement under this
section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 5-32.5c.
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 Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 5-32.9 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 statute, 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 Chief of Police or a
designee thereof 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 the suspension and notify the dealer of his
or her right to appeal pursuant to paragraph h below. A temporary
suspension shall issue immediately, pending the outcome of any appeal
taken. Suspended dealers must immediately cease engaging in the business
of purchasing for resale, receiving for pawn, and/or selling of precious
metals and/or other secondhand goods 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
Chief of Police or the Chief's designee, been cured, corrected, or
appropriately rectified; or if reinstatement is deemed appropriate
by the three-person panel appointed by the Chief of Police, 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 Chief of Police or the Chief's 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 5-32.9.
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 other 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 Chief of Police or the
Chief's 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 Chief of Police, 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 as a dealer of precious metals or other secondhand
goods 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 Chief of Police, 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 notifies the Municipal Clerk, in
writing, of the street address of said new location.
[Ord. No. 2016-28]
a.
This section shall not apply to purchases made by dealers from wholesalers
or other legitimate suppliers, but shall only apply to those purchases
made from the public which includes other retailer sellers. The dealer
shall keep records of all wholesale purchases for a period of six
months from the date of such purchase, which records shall be opened
to investigation by the Kearny Police Department or any sworn law
enforcement officer in the performance of their duties.
b.
The following are exempt from the requirements of this section:
1.
Garage Sales: As used in this section, a garage sale is defined as
the sale of used personal property by the lawful residents of residentially
zoned property that is not conducted on a periodic or ongoing basis.
A garage sale shall be deemed to be periodic or ongoing if a garage
sale is held by the lawful resident of residentially zoned property
more than five days in any consecutive ninety-day period;
2.
Judicial sales or sales by executors or administrators;
3.
Auctions of real estate;
4.
The occasional sale, purchase, or exchange of coins or stamps by
a person at his permanent residence or in any municipally owned building
who is engaged in the hobby of collecting coins or stamps and who
does not solicit the sale, purchase, or exchange of such coins or
stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, or other form of printed or
electronic advertising.
5.
Sales conducted by governmental, civic, patriotic, fraternal, educational,
religious or benevolent organizations which have been in active and
continuous existence for at least one year prior to the holding of
the sale, or which are incorporated as a not for profit corporation
by the State;
6.
Sales or purchases which are regulated by the licensing laws of the
State of New Jersey, including automobile dealers, used parts dealers
and automotive parts recyclers;
7.
Antique Dealers: As used in this section, an antique dealer is defined
as one who derives 75% of his/her gross sales each year from the sale
of antiques and/or primitives. As used in the section, an antique
or primitive is defined as an old and valuable art object or article
no longer in production that is at least 50 years old. As used in
this section, the term "sale" does not include an exchange, trade,
or swap of items;
8.
Clothing That Has a Value Under $1,000: As used in this section,
clothing is defined as anything people wear including but limited
to shirts, blouses, t-shirts, pants, slacks, skirts, dresses, gowns,
jackets, coats, outerwear, under garments, hats, and scarves. Clothing
as used in this section also includes shoes, boots, handbags, purses,
belts, and other fashion accessories.
[Ord. No. 2016-28; Ord. No. 2016-54]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this chapter, is $50. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 5-32.5d of this chapter. 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. 2016-28]
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 subsections 5-32.6f 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 the 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 5-32.6g. 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. 2016-28; Ord. No. 2016-54]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this section by January 10, 2017.
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 pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
d.
If any section, 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.
[Ord. No. 1998-(O)-15 § I; Ord. No. 2012-12 § 1; Ord. No. 2012-22]
a.
License Required. In compliance with N.J.S.A. 40:48-2.49, no person,
persons, partnership or corporation shall engage in the business of
operating wreckers or tow trucks for the purpose of municipal police
towing within the Town without first obtaining a license as provided
for herein.
b.
Application Procedure.
1.
Applicants for a license under this section must meet all the qualifications
set forth herein and shall file with the Town Clerk, in duplicate,
a sworn application in writing, on a form furnished by the Clerk,
which must contain the following information:
(a)
The full name and address of the applicant. If the application
is made by a corporation, it shall state the names and addresses of
the registered office and the name of the registered agent; if made
by a partnership, the name and address of each partner.
(b)
The year, make and type of each tow truck and/or wrecker to
be used in the towing service, its vehicle identification number,
license plate number and the name of the registered owner.
(c)
The address where the tow trucks and/or wreckers are regularly
garaged; available telephone numbers for service 24 hours per day,
seven days per week; and the names, addresses and motor vehicle driver's
license numbers of all operators.
(d)
The address of the garage or storage area to which vehicles
shall be towed.
2.
The application for a license shall be accompanied by certificates of insurance for the required coverages set forth in subsection 5-33.1c, 2, issued by a company in good standing and certified to do business in the State of New Jersey. Each certificate, prior to execution of the license by the Town pursuant to subsection 5-33.1d, 3, must contain an endorsement providing for 30 days' notice of cancellation or nonrenewal, and stating that the Town of Kearny and the licensee shall receive, in writing, 30 days' notice of cancellation or nonrenewal by certified mail, return receipt requested. The municipality shall be named as an additional insured under the liability portion of any and all insurance coverage.
3.
Each applicant shall execute an Indemnification/Hold Harmless Agreement
in the form provided by the Town Clerk, which form shall be attached
to the application for a license. The licensee is required to defend
and hold harmless the Town of Kearny for liability from any and all
obligations, liabilities, judgments, claims and demands for personal
injuries and damages to property which may arise out of the performance
of municipal police towing. The licensee shall save harmless the municipality
from all actions at law for any infringements of patent rights of
tools, equipment, apparatus or methods used by him.
c.
Qualifications of Licensee.
1.
Each licensee shall meet the following standards and qualifications:
(a)
The licensee must have a garage and storage area which, if not
located within the Town of Kearny, shall be located in towns east
of the Passaic River, and west of the Hackensack River, but not more
than one mile from the boundaries of the Town of Kearny. For purposes
of this section, "storage area" is any lot, area or place, indoors
or outdoors, wherein a minimum of 50 motor vehicles towed from the
Town of Kearny can be placed and/or stored, which area is equipped
with lighting, is surrounded entirely by a fence adequate for protection
of vehicles, and is in an area where storage of vehicles is a permitted
use according to the Zoning Ordinance of the municipality in question,
or where said use has been approved by the local land use board. No
outdoor storage area is required. However, if a licensee uses an outdoor
storage area, in addition thereto said licensee must have an indoor
storage area for holding vehicles for evidence and/or processing by
the Police Department, so as to ensure that said vehicles shall not
be tampered with. All vehicles held for such purposes must be stored
indoors.
(b)
A person retrieving his vehicle shall be able to transact all
business, including the pickup of the vehicle and payment of fees,
at the same location. Said location shall have a clean waiting room
and access to a public phone. Vehicles shall be available for pickup
at said location between the hours of 8:30 a.m. to 5:30 p.m., Monday
through Friday, and from 8:30 a.m. to 12:30 p.m. on Saturdays, or
upon special request by the Police Department.
2.
The licensee must maintain the following insurance policies:
(a)
Workers' compensation insurance, in accordance with the requirements
of the law of the State of New Jersey;
(b)
Public liability insurance in an amount not less than $1,000,000
single limit, to indemnify the municipality and the public against
any loss due to injuries, accidents or damage of any nature or character
whatsoever, when such damage is the result of any act or omission
of the licensee, his agents or employees, in the performance of or
due to the execution of the work to be performed in connection with
the license for municipal police towing;
(c)
Automobile and garage liability insurance with limits of not
less than $1,000,000 for each occurrence;
(d)
Garage keepers primary liability insurance in an amount not
less than $50,000 for any one auto or $250,000 for any one loss with
deductibles of no greater than $500 for comprehensive and collision.
(e)
Umbrella coverage with a limit of $2,000,000 per occurrence
excess over the general liability and garage liability.
3.
The licensee must meet all the requirements of Title 39 of the New
Jersey Revised Statutes, Motor Vehicle Rules and Regulations.
4.
The licensee must own or lease, and have in operation at all times
certain equipment, which shall be available to answer a call at a
location within the boundaries of the Town of Kearny when so dispatched
by the Kearny Police Department. Said equipment shall include:
(a)
At least two one ton tow trucks with one ton chassis and four
ton crane and wheel lifts.
(b)
At least two wrecker/tow trucks with a boom rating of at least
25 tons, of such construction and capacity that they will be able
to tow any type of vehicle. Said tow trucks must also be equipped
with a passenger seat. One wrecker/tow truck shall have 25,000 pounds
under each wheel lift. Alternatively, licensee may contract with a
subcontractor, who shall be on call 24 hours a day with such equipment.
(c)
One flatbed type tow truck which is at least 26 feet, measured
bumper to bumper.
(d)
In addition to the vehicle required in the preceding paragraphs,
a flatbed trailer and truck (for the removal of heavily damaged trucks,
buses, etc.) with a gross vehicle weight (GVW) of 80,000 pounds. Alternatively,
licensee may contract with a subcontractor, who shall be on call 24
hours a day with such equipment.
(e)
An air cushion recovery system with a minimum of two air cushions.
Alternatively, licensee may contract with a subcontractor, who shall
be on call 24 hours a day with such equipment.
(f)
A forklift for unloading cargo or cleaning up cargo spilled
on the roadway with a minimum rating of 7,000 pounds. Alternatively,
licensee may contract with a subcontractor, who shall be on call 24
hours a day with such equipment.
(g)
All subcontractors referred to in this paragraph are subject
to the terms and conditions in this section and Guidelines for the
Public Auction of Vehicles Towed By the Kearny Police Department.
(h)
Equipment for jump starts, the changing of flat tires, and portable
heavy-duty lighting.
(i)
One large broom and shovel in each vehicle.
(j)
Steering wheel lock for towing vehicles from the rear.
(k)
Tow-sling type tow bar to prevent any part of the crane metal
from touching the towed vehicles.
(l)
Safety flares for night work.
5.
The name, address and phone number of licensee shall be conspicuously
displayed on each vehicle listed in this section.
7.
Wrecker/tow trucks shall have two-way radio capabilities with their
dispatching center on a twenty-four-hour a day basis.
8.
Licensee must maintain a telephone number where the licensee may
be reached 24 hours a day, seven days a week.
9.
Licensee must accept at least one major credit card.
10.
Any person, company or corporation applying for a municipal police
towing license must have maintained a towing business for a minimum
period of one year and must be of known good reputation in the field
of wrecking and towing.
d.
Investigation of Applicant: Denial or Issuance of License.
1.
Upon receipt of an application for a municipal police towing license,
the original shall be referred by the Town Clerk to the Chief of Police,
who shall cause to be made an investigation of the qualifications
and facilities of the applicant. The Chief of Police shall also investigate
the driving record of the applicant and all persons employed by the
applicant as drivers or operators of towing vehicles and, as he deems
necessary for the protection of the public health, welfare and safety,
the moral character of the applicant.
2.
If, as a result of such investigation, the applicant's qualifications
and/or the persons employed by the applicant as drivers or operators
of the towing vehicles, are found to be unsatisfactory, or if it is
found that the issuance of a license to the applicant would present
danger to the public health, welfare or safety, the Chief of Police
shall indicate his disapproval on such application, and his reasons
for said disapproval and return the application to the Town Clerk,
who shall notify the applicant in writing that his/her application
is disapproved and the reasons for said disapproval.
3.
The applicant is responsible for ensuring that the applicant and
his/her employees remain qualified pursuant to this section throughout
the duration of the license. Failure of the applicant to do so will
be cause for suspension or revocation of the license.
4.
If, as a result of such investigation, the qualifications of the application are found to be satisfactory, and it is found that the issuance of a license to the applicant will not present a danger to the public health, welfare and safety, the Chief of Police shall endorse his approval on the application, and return the application to the Town Clerk, who shall upon payment of the prescribed fee, and receipt of the certificates of insurance set forth in subsection 5-33.1c, 2, execute and deliver to the applicant a license which shall be posted at his place of business for public inspection.
e.
License Form.
1.
Any license issued pursuant to this section shall contain the signature
of the Town Clerk and the seal of the municipality and it shall show
the name and address of the applicant, the date of issuance and the
length of time it shall be operative.
2.
The Town Clerk shall keep a record of all licenses issued and all
complaints received, if any, concerning such licensee. The Town Clerk
shall send a copy of the license to the Kearny Police Department for
filing.
f.
Duration of License, Annual Fee, Renewal.
1.
Each license issued shall be for a period commencing on the date
of issuance and terminating on December 31 of the same year of issuance.
2.
The fee for a municipal towing license shall be prorated according
to the effective date of such license, and based on the annual fee
of $350, which shall be paid to the Town Clerk.
3.
All licensees who wish to renew their licenses shall submit to the
Town Clerk an application for renewal of license, together with the
annual license fee, a minimum of 30 days prior to the expiration date
of the current license, which date shall be no later than December
1 of each year. The application for renewal shall be on the same form
as the original application, but shall be conspicuously marked "Renewal."
g.
Licenses Nontransferable. The licensee shall not assign, transfer,
convey, sublet or otherwise dispose of the license to any other person
or legal entity. Violation of this provision shall be sufficient cause
for cancellation of the contract and revocation of the license.
h.
Duties and Responsibility of Licensee.
1.
The licensee shall be available 24 hours a day, seven days a week.
2.
The licensee, upon receiving a call for service from the Kearny Police
Department, must respond to the scene within 20 minutes. If there
is no response within 20 minutes, the Kearny Police Department may
notify another licensed tower to respond to the scene and cancel the
original tower. The Kearny Police Department will have the discretion
to lessen the 20 minute time period in the event of exigent circumstances
at the time of the incident. In the event another licensed tower is
called under this subsection, neither the Town nor the vehicle owner/operator
will be responsible for any damages incurred by the original tower
that failed to or could not respond in time.
3.
Broken glass and debris shall be cleaned by the driver of the wrecker/tow
truck from the scene of an accident to which he is summoned. If the
driver does not remove the debris from the scene of the accident,
he may be subject to a fine of not less than $25 nor more than $50,
as provided for by N.J.S.A. 39:4-56.8, and/or liability for breach
of contract.
4.
Under appropriate circumstances, and with due consideration for safety,
the licensee shall transport the driver of the vehicle to be towed,
at no additional cost to the owner of the vehicle.
5.
Vehicles shall be towed and stored in a safe manner so as to prevent
any damage to such vehicles.
6.
The licensee shall be responsible for any valuables left in or on
motor vehicles in his custody.
7.
The licensee shall post in a conspicuous place at the storage area
both the State and municipal rates for towing.
8.
The licensee shall provide the Kearny Police Department with the
following information on vehicles unclaimed over 10 days: the year,
make, color, vehicle identification number, state of registration,
registration number, name and address of owner (if available), and
the Police Department case number for the incident resulting in the
towing of the subject vehicle.
9.
All wreckers/tow trucks used and employed in towing of vehicles shall
be kept in a clean, good working condition.
10.
The sale of abandoned vehicles will be governed by the standards
set forth in N.J.S.A. 39:10A-1 to N.J.S.A. 39:10A-7, and guidelines
developed by the Kearny Police Department. From the proceeds of a
public auction, the Town of Kearny shall first be entitled to reimbursement
for its administrative expenses. The tower shall then be entitled
to its reasonable towing and storage fees. The Town of Kearny will
then be entitled to any remaining proceeds.
11.
The licensee shall pay a fee of $20 for each "junk title" and/or
resale title applied for by the municipality to cover the cost of
the title and administrative processing.
12.
All licensees shall be required to comply at all times with all State
and local laws.
13.
The licensee shall, when performing under this license, follow the
lawful directions of the officers of the Kearny Police Department,
agents or representatives of the Town of Kearny.
14.
Upon request from the Kearny Police Department, the licensee shall
remove abandoned truck trailers, roll-off dumpsters, or anything related
thereto, from the public right-of-way or public property. The Town
of Kearny shall be responsible for the reasonable disposal fees of
the contents of the trailer, dumpster, or other related item.
i.
Suspension or Revocation of Licenses.
1.
Licenses issued under this section may be suspended or revoked by
the Chief of Police for violations of any terms or conditions of this
section, the Guidelines for the Public Auction of Vehicles Towed By
the Kearny Police Department, the application submitted by licensee
or for good cause.
2.
Notice of hearing for suspension or revocation of a 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 by registered letter to the licensee at
his last known address at least five days prior to the date set for
the hearing.
3.
In the event of a suspension or revocation of a license, the Chief
of Police shall report his findings and reasons therefor to the Mayor
and Council.
j.
Appeal of Suspension or Revocation of Licenses.
1.
Any licensee aggrieved by the action of the Chief of Police or the
Town Clerk in the denial of an application for a license as provided
in this section shall have the right of 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 has been mailed to the licensee's
last known address, a written statement setting forth fully all the
facts why the action of the Chief of Police or Town Clerk was improper.
The Mayor and Council or their designee shall set a time and place
for hearing on such appeal and notice of such hearing shall be given
to the appellant in the same manner as he was notified for the hearing
of suspension, revocation or denial of application as outlined as
above.
2.
The decision and order of the Mayor and Council on such appeal shall
be final and conclusive.
[Ord. No. 1998-(O)-15 § II; Ord. No. 2012-12; amended 9-20-2022 by Ord. No. 2022-21]
a.
Use of Towers; Rotational Shifts.
1.
The Chief of Police shall maintain a revolving list of licensed towers
to provide service where needed, and shall instruct all on-duty officers
to call those listed in alphabetical order on a rotational basis.
2.
The Chief of Police or his designee reserves the right, under extenuating
or emergent circumstances, to deviate from the rotational list of
licensees due to a specific type of equipment and/or expertise required,
and in addition, due to a large volume of required vehicles to be
towed, to contact more than one licensed tower to respond to the scene.
3.
All owners or operators of disabled vehicles must first be advised,
whenever feasible, under traffic safety guidelines, that they have
a right to call a tower of their own choosing and direct the towing
vehicle to remove the damaged vehicle to a garage or storage area
of their own choosing.
4.
Nothing in this section shall prevent the owner or the operator of
an automobile from contacting a tower of his own choice to remove
his vehicle from the public streets or highways of the municipality
after it has become disabled or otherwise inoperable by virtue of
accident or other reason. Said owner or operator shall have a reasonable
time within which to select a tower of his choice to remove the vehicle
from the public roadways of the municipality. After expiration of
a reasonable period of time, the Kearny Police Department shall have
the motor vehicle removed.
5.
In the absence of emergent or hazardous conditions, "reasonable time" shall be a period not in excess of 45 minutes. The discretion of the police officer involved at the scene shall be controlling as to a determination of conditions requiring immediate removal of vehicles involved, as per subsection 5-33.2b, 7.
6.
No individual owner or operator of a wrecker shall respond to the
scene of an auto accident except upon notification by the officer
in charge of the Police Department or his designee or upon request
of the driver or owner of the vehicle involved.
7.
Each rotational shift, as referenced above shall commence on Saturday
at 10:00 p.m. and end on the following Saturday at 10:00 p.m.
b.
Towing Rates, Fee Cards.
Schedule A - Towing Rates and Charges may be found at the end
of this section.
1.
Towing rates and other charges for all police-directed towing of automobiles, vans, pickup trucks, motorcycles, scooters, and/or mopeds, which were involved in an accident, recovered after having been stolen, or impounded at police direction (said impoundment shall include but not be limited to vehicles which have been utilized in the commission of a crime, as well as those vehicles in violation of the parking prohibitions set forth in Chapter 7 of the Revised General Ordinances of the Code of Town of Kearny, 1997) shall be payable by the vehicle owner as set forth in Schedule A, which may be found at the end of this section.
(a)
HYDRAULIC FLATBED CAR CARRIER
TOW TRUCK
TOWING
WINCHING
Definitions: As used in this section, the following terms shall
have the meaning indicated:
Commercial motor vehicle designed exclusively to transport
motor vehicles that have become disabled, wrecked, recovered stolen
and police impounded by removing vehicles from roadway level up onto
a hydraulic bed for transporting purposes.
Commercial motor vehicle designed exclusively to lift motor
vehicles that have become disabled, wrecked, recovered stolen and
police impounded by means of lifting from the front or rear by the
following methods:
When a tow truck and/or a hydraulic flat bed car carrier
takes in its possession the care, control and custody of a motor vehicle
by 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 incident 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 object within
the right-of-way or berm.
The process of moving a motor vehicle by the use of additional
chains, nylon slings and additional lengths of winch cable from a
position that is not accessible for direct hook up by conventional
means for towing or loading onto a tow vehicle from a position beyond
the right-of-way or berm, or from being impaled upon any object within
the right-of-way or berm, including overturned motor vehicles.
2.
The fees for the process of winching, as defined in this section,
are set forth in Schedule A.
3.
The services set forth in Schedule A shall not exceed the fees as
stated and shall remain in full force and effect until a change is
passed.
4.
Any and all municipal owned vehicles will be towed by the licensee
for a rate not to exceed $50 for light and medium tows and $150 for
a heavy tow for the first mile and $2 (light and medium) and $3 (heavy)
for each additional mile. There shall be no additional charges for
municipal vehicles beyond what is stated in this section.
5.
A bulk rate fee for the towing of multiple motor vehicles necessitated
by an order from the Office of Emergency Management (OEM) or the Town's
designation of any emergency event shall be limited to $65 per vehicle
towed for light and medium tows. There shall be no additional charges
for bulk rate fees for light and medium tows beyond what is stated
in this section.
6.
On any occasion that the licensee is directed by the police to respond
to a location, but upon arrival his/her services are not required,
at the discretion of the licensee, a call out fee not to exceed $35
for light and medium tows and $100 for heavy tows may be charged to
the owner/driver of the vehicle.
7.
On any occasion that the highest ranking officer on duty deems an
incident to be a hazard or emergent in nature, said officer is empowered
to direct the licensee to respond to the scene of said incident and
to take the appropriate action to ensure the public safety and welfare.
The owner/operator of the involved motor vehicle will be advised at
the time of the incident that the motor vehicle will be impounded
at the scene at police direction, and stored until the appropriate
payment for the directed services are paid to the licensee.
8.
Towing service to a location other than the licensee's storage area,
when requested by the motor vehicle owner or driver, shall be at a
rate agreed upon by both the licensee and motor vehicle owner or driver.
9.
Fee cards conspicuously indicating the maximum rates for towing and
storage of a vehicle within the municipality shall be kept in the
possession of the drivers of all tow trucks/wreckers and presented
to the driver or owner of any vehicle to be towed.
10.
All towers' bills shall be submitted to the Kearny Police Department
the Tuesday immediately following the Saturday which ends the tower's
service week.
c.
Payment. All charges made by any licensee shall be paid by the owner
or operator or any person, firm or corporation claiming the right
to possession of any vehicle towed or stored by the licensee as provided
for in Schedule A. The municipality shall not be liable for the payment
of any sum to the licensee which may be due on account of towing or
storage.
d.
Storage. Storage will be payable at the rate set forth in Schedule
A; however, vehicles released within four hours of being towed shall
not be charged a storage fee.
e.
Prohibited Activities. The practice of cruising with a tow truck
is forbidden. Furthermore, no licensee or one acting on his/her behalf
or for his/her benefit shall pay an emolument to any third person
not involved in the accident or to any Police Officer for information
as to the location of any accident or soliciting the employment of
the licensee for any accident or soliciting the employment of the
licensee's service, nor shall a licensee or one acting on his/her
behalf give any gratuities, fees, or other compensation or gifts to
any members of the Police Department. No solicitation for automobile
repairs shall be made by a licensee at the scene of an accident or
within 48 hours of the release of the automobile owner from any hospital.
f.
Schedule
A - Towing Rates and Charges.
|
Road Service
| |
|---|---|
|
Cars (light)
|
$100 per hour plus parts
|
|
Trucks (medium/heavy)
|
$140 per hour plus parts
|
|
Towing-Basic
| |
|---|---|
|
Light duty - up to 10,000 lbs.
|
Hook-up $120
|
|
Medium duty - 10,001 - 16,000 lbs.
|
$200 per hour
|
|
Heavy duty - 16,001 and above
|
$400 per hour
|
|
Decoupling fee (if tow is not performed)
|
1/2 of basic rate
|
|
On-Hook Mileage
| |
|---|---|
|
Light duty
|
$4.80 per loaded mile
|
|
Medium duty
|
$4.80 per loaded mile
|
|
Heavy duty
|
N/A
|
|
Recovery/Winching (In Addition to Towing - per truck including
driver)
| |
|---|---|
|
Light/Medium duty 10,001-16,000 lbs.
|
$280 per hour charged in 1/2 hour increments of 140 per 1/2
hour
|
|
Heavy duty 16,001 and above
|
$480 per hour
|
|
Specialized Recovery Equipment
| |
|---|---|
|
Rotator/crane recovery unit
|
$960 per hour
|
|
Tractor with landoll trailer or detach trailer
|
$360 per hour
|
|
Tractor/transport hauler only
|
$200 per hour
|
|
Refrigerated trailer with tractor
|
$360 per hour
|
|
Box trailer with tractor
|
$320 per hour
|
|
Air cushion unit
|
$800 per hour
|
|
Light tower
|
$200 per hour
|
|
Pallet jack
Rollers
|
$160 per hour
$160 per hour
|
|
Any other specialized equipment
|
$200 per hour
|
|
Loader/backhoe/telescopic handler/bulldozer/bobcat
|
$240 per hour
|
|
Forklift
|
$240 per hour
|
|
Dump truck/dump trailer with tractor
|
$280 per hour
|
|
Roll-off with container
|
$280 per hour plus disposal
|
|
Recovery supervisor vehicle
|
$120 per hour
|
|
Scene safety equipment, communication equipment, traffic management
equipment, etc.
|
$200 per hour
|
|
Recovery support vehicle/trailer additional recovery equipment
|
$280 per hour
|
|
Labor - All Labor Minimum of 1 Hour
| |
|---|---|
|
Accident minor clean-up and disposal of debris
|
$60 per hour one hour minimum plus absorbent materials used
|
|
Recovery supervisor and/or level III recovery specialist
|
$180 per hour *charges limited to one per incident
|
|
Certified towing operator
|
$100 per hour per man
|
|
Manual laborers
|
$80 per hour per man
|
|
Storage - Per Calendar Day (Inside Rates Two Times Outside Rate)
| |
|---|---|
|
Cars/light trucks - 10' X 20' space
|
$36 per day
|
|
Truck (dual wheels)/single axle
|
$72 per day
|
|
Tractor/dump truck/tractor and trailer combo/trailers
|
$100 per unit per day
|
|
Buses
|
$120 per day
|
|
Roll-off
|
$100 per day for each
|
|
Cargo/accident debris/load storage/vehicle components 10'
x 20' space
|
$36 per space used per day
|
|
Rental of any tow company supplied trailer post incident
|
$400 per day
|
|
Additional Services/Notes
| |
|---|---|
|
Fuel/Haz-mat/cargo spills clean-up and disposal
|
Time and Material
|
|
Hazmat and trash recovery
|
Surcharged 10%
|
|
Subcontractor mark-up
|
10%
|
|
Administrative charge only after 3rd visit to vehicle
|
Cars Only - $40
|
|
Administrative charge
|
Medium/Heavy Truck - $160
|
|
After hours release
|
$60
|
|
Notification documentation fee
|
$40
|
|
Tarping/wrapping vehicle
|
$72 per car $200 per truck
|
|
Fuel surcharge
|
See Chart Below
|
|
Fuel Surcharge Chart - Tow and Mileage Cost Only
| |
|---|---|
|
Fuel Cost
|
Fuel Surcharge Percentage
|
|
$2.50
|
0%
|
|
$3.00
|
1%
|
|
$3.50
|
2%
|
|
$4.00
|
3%
|
|
$4.50
|
4%
|
|
$5.00
|
5%
|
|
$5.50
|
6%
|
|
$6.00
|
7%
|
|
$6.50
|
8%
|
|
$7.00
|
9%
|
|
$7.50
|
10%
|
|
$8.00
|
11%
|
[Ord. No. 1998-(O)-15 § III]
The Governing Body hereby designates the Kearny Police Department
generally and the Chief of Police in particular, as its agents to
supervise the enforcement of the terms and provisions of this section
and the rules and regulations adopted hereunder.
[Ord. No. 1998-(O)-15 § IV]
This section shall not apply to towers not providing towing
service for the Kearny Police Department.
[Ord. No. 1998-(O)-15 § V]
Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to the penalty provision set forth in Section 1-5 of the Revised General Ordinances of the Town of Kearny, 1997; and may be subject to imposition of penalties pursuant to N.J.A.C. 11:3-38.5.
[Ord. No. 2012-12; Ord. No. 2012-41; amended 9-20-2022 by Ord. No. 2022-21]
The towing fees hereinafter set forth in Schedules A shall govern
Municipal Police Towing within the Town and shall at no time be exceeded.
[Ord. No. 2003-(O)-49 § 1]
a.
Every person, partnership, firm, corporation or other entity engaged
in the business of construction, erecting, altering, repairing, restoring,
reproofing, residing, remodeling, renovating, rehabilitation, moving
or demolishing the whole or any part of any buildings or structures,
or engaged in the construction and installation of swimming pools,
or engaged in the business of erecting or altering signs, or the installation
of central air conditioning or heating systems, or engaged in the
construction or replacement of driveways or sidewalks, for any of
which a permit is required by the applicable ordinances of the Town
of Kearny, shall be required to first obtain a license as provided
herein if any of such services is to be performed for a fee.
b.
This section shall not apply to:
1.
The owner or occupant of a building or structure who performs any
of the work set forth in paragraph a of this subsection if such owner
or occupant intends to do and supervise his or her own work;
2.
Any person or authorized representative who is performing such work
for a governmental entity;
3.
Any employee of a contractor duly licensed under this section; or
4.
Any electrical or plumbing contractor performing work for which a
license is required under New Jersey State law and who holds a valid
license to perform such work.
[Ord. No. 2003-(O)-49 § 2]
a.
Applications for a license required by subsection 5-34.1 shall be made to the Construction Official on a form to be furnished by the Construction Code Department.
b.
The application shall set forth the following information:
1.
The applicant's name, business name and business address.
2.
Whether the applicant is an individual, a partnership, a corporation
or any other entity and, if another entity, a full explanation and
description thereof.
3.
If the applicant is an individual, the applicant's residence address
and date of birth.
4.
If the applicant is a partnership, the full names, residence addresses
and dates of birth of each partner.
5.
If the applicant is a corporation or other entity:
(a)
In the case of a corporation, the date and state of incorporation
and, unless the corporation is a publicly traded corporation, the
full names, residence addresses, dates of birth of each officer and
each stockholder, the name and address of its registered agent in
New Jersey and the address of its principal office. The term "stockholder,"
as used herein, means and includes any person owing or having an interest,
either legal or equitable, in 10% or more of the stock issued and
outstanding of the applicant corporation. The term "officer" as used
herein, means and includes the president, vice presidents, secretary
and treasurer of a corporate applicant.
(b)
In the case of another entity, the full names, residence addresses,
dates of birth of each person owning or having an interest, either
legal or equitable, aggregating in value of 10% or more of the total
capital of said entity, the name and address of its registered agent,
if any, and the address of its principal office.
6.
Whether the applicant or any partners, officers or stockholders thereof
have ever been convicted of a crime and, if so, the name of the person
convicted, the date of the conviction, the crime or charge involved
and the disposition thereof, or whether any of the aforementioned
persons have violated any State, County or municipal ordinances or
regulations on construction or demolition, as defined herein, including
the Uniform Construction Code and, if so, the date and subject of
the violation and the penalty imposed.
7.
The number of years the applicant has been in business at its present
business address or at any prior location, including the addresses
of such prior locations, if any.
8.
The applicant's training and experience in the class or classes in
which the applicant desires to be licensed and the names of the last
(3) municipalities where work requiring a building permit was performed
by the applicant.
c.
Upon receipt of such application, authorized personnel of the Construction
Code Department shall review the same to confirm the truthfulness
of the matters contained in the application and for the purpose of
obtaining a copy of any police record which the applicant, or any
partner, officer or stockholder, may have.
d.
The Construction Official shall determine if the character and business
responsibility of the applicant, or any partner, officer or stockholder
thereof, is satisfactory on the basis of the information supplied
and if the training and experience of the applicant are sufficient
to protect the citizens of the Town of Kearny from commercially unreasonable
and unsafe work. If the Construction Official so determines, he or
she shall cause a license to be issued to the applicant, unless the
application of the report of the Police Department or other evidence
presented to the Construction Official shall disclose any of the following:
1.
A conviction for a crime involving moral turpitude.
2.
Prior violations of the statues, ordinances or regulations relevant
to the construction, erection, alteration, repair, restoration, reproofing,
residing, moving or demolition of any building, structure, swimming
pool, central air conditioning or heating system, driveway or sidewalk,
sign, billboard or part thereof.
3.
A determination of previous fraudulent acts of conduct.
4.
A record of continual breaches of contract.
5.
Evidence of bad character.
6.
Failure to demonstrate training or experience in the class in which
the applicant seeks to be licensed.
7.
Grounds similar to those listed above, which reasonably would cause
the Construction Official to determine that the character and business
responsibility of the applicant, or any partner, officer or stockholder
thereof, is not satisfactory.
[Ord. No. 2003-(O)-49 § 3]
a.
Upon filing such application, the applicant shall pay to the Construction Code Department a fee of $100 for such license or for relicensing after revocation of a license previously issued to such applicant in accordance with the provisions of subsection 5-34.11 hereof; provided, however, that if the applicant demonstrates that he or she does not employ, at any time, more than one person, the fee shall be $50.
b.
The term of such license shall expire on December 31 of the calendar
year in which such license is issued except in the case of licenses
issued in calendar year 2003, in which case such licenses shall expire
on December 31, 2004.
c.
Such license shall be renewed by the Construction Official upon payment by the applicant of an annual renewal fee of $50 except in the case of an applicant who demonstrates that he or she does not employ, at any time, more than one person, in which case the annual renewal fee shall be $30. The licensee must make an application for renewal not earlier than 90 days before the commencement of the calendar year for which such renewal is sought and not later than the commencement of the calendar year for which such renewal is sought. Upon failure to renew any license on or before March 31 of the immediately succeeding calendar year, any subsequent license shall be construed to be a new or original license, subject to the filing of a new application in accordance with the provisions of subsection 5-34.2 hereof and to the payment of the fee specified in subsection 5-34.3a.
[Ord. No. 2004-(O)-49 § 4]
All work shall be done in accordance with the Uniform Construction
Code of the State and must be done in a good and workmanlike manner.
[Ord. No. 2003-(O)-49 § 5]
For the purpose of this section, there shall be the following
classes for licensing:
a.
General Contractor or Builder. A contractor who is proficient in
the construction of a building or structure and the alteration, addition
to or repair of any building or structure. This class of contractor
shall be equipped to handle such work either by and through the contractor's
organization or appropriate subcontractors and, in the latter event,
shall be completely responsible for the subcontractors' work.
b.
Roofing and Siding Contractor. A contractor who is engaged in the
business of or who is proficient in the applying of roofing and siding
materials to existing or new buildings or structures.
c.
Demolition Contractor. A contractor who is engaged in the business
of or who is proficient in the demolition of any building or structure,
in whole or in part.
d.
Moving Contractor. A contractor who is engaged in the business of
or who is proficient in the moving of any building or structure.
e.
Swimming Pool Contractor. A contractor who is engaged in the business
of or who is proficient in the installation of swimming pools, their
equipment and appurtenances.
f.
Sign or Billboard Contractor. A contractor who is engaged in the
business of or who is proficient in the erection, alteration or maintenance
of signs or billboards.
g.
Central Air Conditioning or Heating System Contractor. A contractor
who is engaged in the business of or who is proficient in the installation
of central air conditioning or heating systems.
h.
Sidewalk or Driveway Contractor. A contractor who is engaged in the
business of or who is proficient in the construction or replacement
of sidewalks or driveways.
i.
Miscellaneous Contractor. A contractor who is proficient in work
of a special character, as determined by the Construction Official.
[Ord. No. 2003-(O)-49 § 6]
a.
The Construction Official shall have the power, in addition to all
other powers provided for in this section, to revoke the license of
any contractor licensed hereunder, or to deny the renewal of the license
of any contractor licensed hereunder, who shall be guilty of or responsible
for any one or more of the following acts or omissions or conduct:
1.
Fraud or misrepresentation in obtaining a license.
2.
Violation of the Uniform Construction Code of the State of New Jersey
or of any other ordinance or statute which governs the activities
or nature of work performed by the contractor.
3.
Filing of a petition in bankruptcy.
4.
History of failure to perform in a timely manner or complete his
or her contracts.
5.
Practice of fraud or bad faith in his or her business transactions.
b.
Any person, firm or corporation whose license hereunder has been
revoked three times by the Construction Official shall be presumed
not able or proficient in his or her trade and shall be ineligible
to apply for a license under this section for a period of five years
from the most recent license revocation by the Construction Official.
[Ord. No. 2003-(O)-49 § 7]
a.
The Construction Official or any contractee or contractor may prefer
charges against any license under the terms of this section by the
filing of a written complaint signed by the person preferring such
charges with the Construction Code Department. The complaint shall
contain a statement of facts setting forth the specific charges relating
to the violation of this section or of any other applicable ordinance.
b.
No later than 30 days after the filing of a complaint in the manner
and form herein prescribed, the Construction Official shall investigate
the charges and determine whether there is probable cause that a violation
has occurred.
c.
If the Construction Official finds that there is probable cause that
a violation has occurred, the Construction Official shall forthwith
issue a notice directing the licensee, within 14 calendar days after
service of the notice, to appear before the Construction Official,
answer the charges and show cause, if any, why his or her license
should not be suspended or revoked.
d.
A copy of the charges, together with the notice showing the time
and place of hearing, shall be served upon the licensee at least seven
calendar days before the date fixed for the hearing. The licensee
shall be notified by certified letter and notice of the hearing shall
be published in a newspaper circulating in the Town of Kearny. At
the hearing, the licensee shall have the right to appear personally
or by counsel to cross-examine witnesses and to produce witnesses
and evidence in his behalf.
e.
Failure of the licensee to appear may be deemed to be an admission
of the truthfulness of the charges in the complaint. The license thereupon
may be suspended, pending any hearing that the Construction Official
may order; provided, however, that the Construction Official shall
have the power in the event of such failure to answer, to suspend
or revoke the license without further evidence other than the charges
filed and without further hearing.
f.
Whenever the Construction Official after a hearing shall determine that a licensee is in violation of this section or another applicable ordinance or statute, the Construction Official may (1) issue an order directing the charged licensee to remediate such violation, fixing a reasonable time within which such remediation shall be made or accomplished, (2) if the violation constitutes fraud or some other criminal act, refer the matter to the Police Department, (3) file an action in the Municipal Court for the imposition of a fine pursuant to subsection 5-34.10, and/or (4) suspend or revoke the license.
[Ord. No. 2003-(O)-49 § 8]
Any person aggrieved by the action of the Construction Official pursuant to subsection 5-34.7f shall have a right of appeal to the Construction Code Board of Appeals. Such appeal shall be taken by filing with the Construction Code Board of Appeals within 30 calendar days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The Construction Code Board of Appeals shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant, by certified mail sent to the appellant's last known address, at least seven calendar days prior to the date set for the hearing. The decision and order of the Construction Code Board of Appeals on such appeal shall be final and conclusive.
[Ord. No. 2003-(O)-49 § 9]
Whenever notice is required to be given under this section,
such notice may be effected by personal service upon any principal
or agent of the contractor, or by certified mail, return receipt requested,
to the last address listed in the Construction Code Department. It
shall be the duty of each registered contractor to keep the Town advised
of any change of address. Upon failure of a contractor to comply with
this requirement, any notice returned, with notation "unknown," "moved,"
or "not claimed," shall be deemed proper service of all notices required
by this section.
[Ord. No. 2003-(O)-49 § 10]
Any person or persons or their agents, servants or employees
who shall violate any of the provisions of this section, and any person,
firm or corporation violating or assisting in the violation thereof,
shall upon conviction thereof in the Municipal Court of the Town of
Kearny be subject to a fine of not less than $200 nor more than $500
or imprisonment for a period not to exceed 90 days or both. Every
day that such person or persons or their agents or employees shall
fail to comply with the provisions of this section shall constitute
a separate and additional offense against the provisions thereof.
[Ord. No. 2003-(O)-49 § 11]
Any person, partnership, firm or corporation or other entity
whose license has been revoked under the provisions of this section
may have his, her or its license restored upon filing with the Construction
Code Department the following:
a.
A certification that the acts, events or occurrences that were the
basis for the revocation of the license have been remediated or corrected.
b.
Proof that all losses, if any, caused by the acts or omissions for
which the license was revoked have been fully satisfied and that all
conditions imposed by the Construction Official have been complied
with.
[Ord. No. 2007-(O)-21 § 1]
The Town Clerk is hereby delegated the authority to act as the
"issuing authority" to approve the granting of raffle and bingo licenses.
[Ord. No. 2007-(O)-45; Ord. No. 2012-22; Ord.
No. 2017-4]
a.
Bingo and Raffle Licenses.
Pursuant to N.J.A.C. 13:47-4.10(b), the following licensing
fees shall be paid to the Town, by a check made payable to the Town,
at the time any application under the Bingo Licensing Law or the Raffles
Licensing Law is filed with the Town:
1.
For a bingo license: $10 for each occasion on which any game or games
of bingo are to be conducted under the license.
2.
For instant raffle games awarding cash or merchandise as a prize:
$20 for each day on which instant raffle tickets are to be sold or
offered for sale under the license.
3.
The license fees set forth in paragraphs a,1 and 2 shall not apply
to any application for which no fee is payable to the Legalized Games
of Chance Control Commission.
4.
The license fees set forth in paragraphs a,1 and 2 are in addition
to any fees payable to the Legalized Games of Chance Control Commission.
b.
Pull Tab Machines.
"Pull Tab Machines," other gambling games of like kind, and
all instant raffle games shall be deemed to be on premises raffles
pursuant to N.J.S.A. 5:8-5, N.J.A.C. 13:47-4.10 and N.J.A.C. 13:47-4.9
and may be operated only pursuant to an annual license issued by the
Town.
1.
Each such license will expire on December 31 of the year in which
it is issued and, to continue the operation, the license must be renewed
annually for each following year.
3.
Payment of the aforesaid fee shall not exempt any organization from
payment of any fee due to the Legalized Games of Change Control Commission.
[Ord. No. 2006-(O)-31 § 5-36.1]
As used in this section:
Shall mean any systems of activity of structured touch which
include, but are not limited to, holding, applying pressure, positioning
and mobilizing soft tissues of the body by manual technique and use
of visual kinesthetic, auditory and palpating skills to assess the
body for purposes of applying therapeutic massage, bodywork or somatic
principles. Such application may include, but is not limited to, the
use of therapies such as hellotherapy or hydrotherapy, the use of
moist hot and cold external applications, external application of
herbal or topical preparations not classified as prescription drugs,
explaining and describing myofascial movement, self-care and stress
management as it relates to massage, bodywork and somatic therapies.
Massage, bodywork, and somatic therapy practices are designed to affect
the energetic system of the body for the purpose of promoting and
maintaining the health and well-being of the client. Massage, bodywork
and somatic therapies shall not include the diagnosis or treatment
of illness, disease, impairment, or disability.
[Ord. No. 2006-(O)-31 § 5-36.2]
a.
As of the effective date of this section, the offering or performing
of any massage, bodywork, or somatic therapies for compensation is
hereby banned in the Town of Kearny unless same is properly licensed
as required under this section.
b.
This section shall not apply to properly licensed and operated hospital,
medical, osteopathic, chiropractic, and medical-affiliated physical
therapy facilities.
c.
All facilities that are properly licensed under this section shall
be prohibited from accepting customers for any service except from
Monday through Saturday from 8:00 a.m. until 9:00 p.m.
[Ord. No. 2006-(O)-31 § 5-36.3]
a.
Massage, Bodywork or Somatic Therapist License. All persons performing
or engaging in rendering the services of massage, bodywork or somatic
therapies shall be required to be licensed by the Kearny Health Department.
b.
Non-Therapist Employee License. All other agents, servants, employees,
or persons located at, engaged by, or employed by a person, entity,
or business that offers massage, bodywork or somatic therapies, except
for clients of or visitors to the place of business, shall be required
to be licensed by the Kearny Health Department.
c.
Establishment License. All owners and/or operators of a business
or entity that offers massage, bodywork or somatic therapies shall
be required to be licensed by the Kearny Health Department.
[Ord. No. 2006-(O)-31 § 5-36.4]
a.
Requirements for Massage, Bodywork, or Somatic Therapist License.
A massage, bodywork or somatic therapist license shall not be issued
unless the applicant meets the following conditions:
1.
Is at least 18 years of age:
2.
Is of good moral character:
3.
Has not been convicted of any type of crime of the first, second,
or third degree that is less than 10 years old:
4.
Has not been convicted of any crime of the fourth degree, any offence,
quasi criminal offense, or Sanitary Code violation that is less than
10 years old and is of a sexual nature, involves moral turpitude,
or relates to the business of massage, bodywork, or somatic therapies:
5.
Has obtained a certification as provided under N.J.S.A. 45:11-53
et seq. from the State of New Jersey licensing agency known as the
Massage, Bodywork and Somatic Therapy Examining Committee, a part
of the New Jersey Board of Nursing within the State Division of Consumer
Affairs.
6.
Meets one of the following criteria:
(a)
Successful completion of a minimum of 500 hours in class study
in the field of massage, bodywork, and somatic therapies as approved
by the Massage, Bodywork and Somatic Therapy Examining Committee of
the New Jersey Board of Nursing; or
(b)
Successful completion of the written examination offered by
the National Certification Board for Therapeutic Massage and Bodywork
or a substantially equivalent examination approved by the Massage,
Bodywork and Somatic Therapy Examining Committee of the New Jersey
Board of Nursing.
7.
Completes and submits an application to the Kearny Health Department,
with the application to be signed in front of a representative of
the Health Department during their hours of operation. The application,
among other things, states the address wherein the license is to be
used, requires a detailed description of the applicant, revelation
of any criminal history within or without the State of New Jersey,
fingerprinting by the Kearny Police Department, and prior residence
and employment history for at least 10 years;
8.
For applicants who reside or have resided outside of the State of
New Jersey at any time in the three years preceding the application,
they shall be required to provide documentation from a governmental
agency in the other state(s) showing results of a fingerprint criminal
check in the other state(s), which shall be dated no later than 30
days before the date of the application;
9.
Submits two clear full-faced photographs of the applicant taken no
more than 30 days before the submission of the application;
10.
Submits a certification from a duly licensed physician of the State
of New Jersey stating that the physician has examined and tested the
applicant and that the applicant is free from contagious and communicable
diseases, such examination to occur no later than 30 days before the
submission of the application; and
11.
Complies with any other terms of this section or any other applicable
State Statute or Town ordinance.
b.
Requirements for Licensure as Non-Therapist Employee. A non-therapist
employee license shall not be issued unless the applicant meets the
following conditions:
1.
Is at least 18 years of age;
2.
Is of good moral character;
3.
Has not been convicted of any type of crime of the first, second,
or third degree that is less than 10 years old;
4.
Has not been convicted of any crime of the fourth degree, any offense,
quasi-criminal offense, or Sanitary code violation that is less than
10 years old and is of a sexual nature, involves moral turpitude,
or relates to the business of massage, bodywork, or somatic therapies;
5.
Completes and submits an application to the Kearny Health Department,
with the application to be signed in front of a representative of
the Health Department during their hours of operation. The application,
among other things, states the address wherein the license is to be
used, requires a detailed description of the applicant, revelation
of any criminal history within or without the State of New Jersey,
fingerprinting by the Kearny Police Department, and prior residence
and employment history for a least 10 years;
6.
For applicants who reside or have resided outside of the State of
New Jersey at any time in the three years preceding the application,
they shall be required to provide documentation from a governmental
agency in the other state(s) showing results of a fingerprint criminal
check in the other state(s), which shall be dated no late than 30
days before the date of the application;
7.
Submits two clear full-faced photographs of the applicant taken no
more than 30 days before the submission of the application; and
8.
Complies with any other terms of this section or any other applicable
State statute or Town ordinance.
c.
Requirement for Establishment License. Each applicant for an establishment
license shall meet the following conditions:
1.
Is at least 18 years of age;
2.
Is of good moral character;
3.
Has not been convicted of any type of crime of the first, second,
or third degree that is less than 10 years old;
4.
Has not been convicted of any crime of the fourth degree, any offense,
quasi-criminal offense, or Sanitary Code violation that is less than
10 years old and is of a sexual nature, involves moral turpitude,
or relates to the business of massage, bodywork, or somatic therapies;
5.
Completes and submits an application to the Kearny Health Department,
with the application to be signed in front of a representative of
the Kearny Health Department during their hours of operation. The
application, among other things, states the address wherein the license
is to be used, lists the names and addresses of all persons having
an interest (ownership, pecuniary or otherwise) in the business operation,
requires a detailed description of the applicant, revelation of any
criminal history within or without the State of New Jersey, fingerprinting
by the Kearny Police Department, and prior residence and employment
history for at least 10 years;
6.
For applicants who reside or have resided outside of the State of
New Jersey at any time in the three years preceding the application,
they shall be required to provide documentation from a governmental
agency in the other state(s) showing results of a fingerprint criminal
check in the other state(s), which shall be dated no later than 30
days before the date of the application;
7.
Submits two clear full-faced photographs of the applicant taken no
more than 30 days before the submission of the application;
8.
Completes and submits a written physical description of the property
and facilities and written floor plan and interior design showing
the layout of the facilities which shall be subject to the approval
of the Kearny Board of Health so as to ensure adequate and sanitary
facilities;
9.
Completes and submits a written acknowledgement that each business
owner/applicant has received a copy of this section; and
10.
Complies with any other terms of this ordinance or any other applicable
State statute or Town ordinance.
d.
The applicant for an establishment license shall:
1.
In the case of individual owner(s), each owner shall be required
to apply and comply with this section.
2.
In the case of a corporate owner, the corporate president or corporate
registered agency shall be required to apply and comply with this
section.
3.
In the case of a limited partnership title owner, the general partner
shall be required to apply and comply with this section.
4.
In the case of a partnership, all partners shall be required to apply
and comply with this section.
5.
It is the intent of this section that all persons with authority
to make decisions with respect to the business entity and operation
shall be required to meet the terms of this license.
[Ord. No. 2006-(O)-31 § 5-36.5]
If any part of an application for licensure is not completed
satisfactorily, the Kearny Health Officer shall deny the issuance
of the license applied for.
Upon successful completion of the application process, the Kearny
Health Officer shall approve and issue the license and/or identification
cards applied for.
[Ord. No. 2006-(O)-31 § 5-36.6]
a.
Licenses shall run from date of issuance to December 31. Any license
issued pursuant to this section shall expire on December 31 of the
year of issuance.
b.
All persons and entities licensed pursuant to this section shall
be required to annually renew the applicable licenses. Annual renewal
shall require the licensee to reapply and to complete such application
forms as shall be required by the Kearny Health Officer, including
annual fingerprinting.
c.
All persons or entities applying or reapplying for a license under
this section shall be required to complete their parts of the application
process within 45 days of the initial submission of the application.
If such application is not completed within 45 days, the applicant
shall be required to restate the application process.
[Ord. No. 2006-(O)-31 § 5-36.7]
a.
Any license issued or renewed under this section is personal to the
licensee and nontransferable to any other person or entity.
b.
Any sale or transfer of a licensed establishment shall automatically
terminate the establishment license and trigger a requirement that
the new business entity apply for licensure.
c.
Any license issued or renewed under the section shall not be construed
to grant a certificate of occupancy or continued certificate of occupancy
or approval for the use of any premises or location as required under
any other applicable Town ordinance or State statute or regulation.
[Ord. No. 2006-(O)-31 § 5-36.8]
a.
All licenses and identification cards issued pursuant to this section
shall be displayed in a prominent place at the business establishment.
b.
Therapists shall not diagnose or treat classified diseases or other
medical conditions and shall not practice spinal or other joint manipulations.
c.
Each therapist licensee shall be required to wear a clean outer garment.
Before working on each client, the therapist shall thoroughly clean
his or her hands with hot running water and anti-bacterial soap. All
surfaces wherein a client's exposed skin may come in contact shall
be thorough cleaned and maintained clean between clients.
d.
Each licensee (therapist, non-therapist, and establishment) shall
be deemed responsible for the clean, safe, and lawful business operation
on the premises.
e.
No person shall disrobe at any time while in the presence of customers
or clients at the premises. No person shall perform any acts of a
sexual nature at any time at the premises.
f.
No establishment licensee or business operator or owner shall allow
any person to be in its employ or at its premises as a therapist or
employee if that person has failed to apply or reapply for a license
or has been denied licensure under this section.
g.
No establishment licensee or business operator or owner shall allow
any unlawful activities to occur at the premises.
h.
The violation of any law at the premises shall be grounds for the
revocation of all licenses issued to persons or entities operation
at the premises.
[Ord. No. 2006-(O)-31 § 5-36.9; Ord. No. 2008-O-27]
b.
The initial application is approved, for a license to be issued and
for the annual renewal of each license, each licensee shall pay an
annual fee as follows:
1.
Therapist license: $100.
2.
Non-therapist license: $25.
3.
Establishment license: $500.
In addition to the fees set forth in paragraph a and b, whenever
a fingerprint check is required an applicant or licensee shall pay
a fee for obtaining a State fingerprint check, equal to the rate permitted
by the State for such a check.
[Ord. No. 2006-(O)-31 § 5-36.10]
The Town Health Officer and/or the Mayor and Council of the
Town of Kearny may make such other reasonable rules and regulations
as may be necessary to ensure the effective operation of this section.
Such additional rules and regulations shall not be in contradiction
to this section, and shall be maintained for public dissemination
at the Department of Health and the Town Clerk's Office.
[Ord. No. 2006-(O)-31 § 5-36.11]
The Kearny Health Department, Division of Fire Safety, Zoning
Code Official and Police Department shall have the right and authority
to inspect the places of business that are regulated under this section
to ensure compliance with this section and such other law, rules and
regulations that may apply, including the State Sanitary code as per
N.J.S.A. 26:1A-9 and the State Fire and Building Codes, and to ensure
the health, safety, and welfare of the citizens of the Town of Kearny
and of the clients of and visitors to therapy establishments.
[Ord. No. 2006-(O)-31 § 5-36.12]
a.
A conviction of any applicant or licensee as follows shall constitute
grounds for an immediate denial of any pending application and/or
an immediate revocation of any issued license, regardless of whether
or not the conviction has been expunged:
1.
Any type of crime of the first, second, or third degree that is less
than 10 years old; or
2.
Any crime of the fourth degree or any offense, quasi-criminal offense
or Sanitary Code violation that is less than 10 years old and is of
a sexual nature, involves moral turpitude, or relates to the business
of massage, bodywork, or somatic therapies.
b.
There shall be no necessity for a hearing should such a conviction
exist or occur. The Kearny Health Officer shall issue a written decision
citing the reason for the denial or revocation.
c.
For convictions that are more than 10 years old, same shall be considered
as a relevant factor in deciding to issue, renew or revoke any license,
together with all other information gathered during the application
or license period.
[Ord. No. 2006-(O)-31 § 5-36.13]
a.
A license and licensee may be fined, suspended or revoked based upon
the following:
1.
Charges of any type of crime of the first, second, or third degree;
or
2.
Charges of any crime of the fourth degree or any offense, quasi-criminal
offense or Sanitary Code violation that is of a sexual nature, involves
moral turpitude or relates to the business of massage, bodywork, or
somatic therapies; or
3.
Violation of a Town ordinance or other applicable laws, rules and
regulations.
b.
The Kearny Health Officer may issue warnings, temporarily suspend
any license for up to 15 days, and/or impose a fine of not more than
$250 without the necessity for a hearing. Such warning, suspension,
or fine shall be made known to the licensee(s) as soon as possible
by giving written notice of same to the licensee(s) in person or by
certified mail to the licensee(s) at the business establishment connected
to the license.
c.
Any licensee aggrieved by any of the above actions of the Kearny
Health Officer shall have the right of appeal to the Mayor and Council.
Such appeal shall be taken by the aggrieved licensee by filing a written
statement setting forth fully all the facts why the action of the
Officer was improper. The appeal shall be in writing and filed with
the Town Clerk no later than 14 calendar days after the aggrieved
action.
d.
The Mayor and Council shall set a time and place for de novo hearing
on such appeal and notice of such hearing shall be given to the appellant
and to the Health Officer.
e.
The decision and order of the Mayor and Council on such appeal shall
be final and conclusive.
f.
The Kearny Health Officer may also temporarily suspend any license
pending the holding of a hearing before the Kearny Municipal Court.
Such temporary suspension shall be made known to the licensee(s) as
soon as possible by giving written notice of same to the licensee(s)
in person or by certified mail to the licensee(s) at the business
establishment connected to the license.
g.
Upon the filing of a complaint with the Kearny Municipal Court the
Health Officer shall give notice, in writing, setting forth the grounds
of the complaint, the remedy sought, and advising the licensee that
he or she will be afforded the opportunity to be heard and to present
evidence against the complaint. Such notice shall be served personally
upon the licensee(s) or mailed by certified mail to the licensee(s)
at the last known address at least seven days before the date set
for the hearing.
h.
Any revocation decision by the Kearny Municipal Court shall result
in a prohibition against reapplication by the licensee for a period
of at least five years.
[Ord. No. 2006-(O)-31 § 5-36-14]
Any person who shall violate any of the provisions of this section
shall, upon conviction, be punished by a fine of not less than $500
and not more than $1,000 per violation, be punished by imprisonment
in the County jail for a period not to exceed 180 days, or both. Each
violation of any of the provisions of this section shall be deemed
and taken to be a separate and distinct offense.
[Ord. No. 2006-(O)-55A § 2]
There are hereby established procedures, rules and regulations
governing the licensing of sidewalk sales in the Town of Kearny.
[Ord. No. 2006-(O)-55A § 2]
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind (hereinafter collectively
referred to as "person") to erect or maintain stands or showcases
or display or sell merchandise on or from the sidewalks of this Town,
or to place any article, substance or thing upon the sidewalks of
the Town in any manner so as to encumber the same unless such person
shall hold a currently valid permit issued pursuant to the terms of
this section.
[Ord. No. 2006-(O)-55A § 2]
No permit shall be issued hereinunder unless the permittee shall
demonstrate that a minimum of six feet of unobstructed sidewalk surface
will be available for pedestrian traffic around or through such sidewalk
sale and that such sale be directly in front of a retail or commercial
establishment. The term "directly in front" of shall be construed
to mean the area represented by an extension of such side of the store
occupied by the retail or commercial establishment projected directly
to the curbline immediately in front thereof.
[Ord. No. 2006-(O)-55A § 2]
No sidewalk sale shall be authorized for any location other
than in the C3 Commercial Zones along Kearny Avenue, Midland Avenue
and the Belleville Turnpike.
[Ord. No. 2006-(O)-55A § 2; Ord. No. 2012-22]
a.
An application for the permit shall be made to the Town Clerk not
less than 30 days in advance of the designated sale date and shall
be signed by the applicant. The application shall contain the following
information:
1.
The name, residence address and telephone number of each individual,
owner, partner or, if a domestic corporation, the names, residences,
addresses and telephone numbers of the directors and officers owning
a 10% or greater interest in the corporation and the chief operating
executive of the corporation and, if a nondomestic corporation, the
name, residence address and telephone number of the managing officer
for service of process within the State of New Jersey.
2.
A scaled drawing of the property indicating the location of items
which are located or will be located in the public way.
3.
A copy of the trade, corporate, business or fictitious name upon
which the applicant intends to do business pursuant to this section.
4.
The name and address of the person owning the premises, if other
than the applicant, and the consent of the owner of the premises to
the application.
b.
There shall be no fee charged by the Clerk for this application and
permit for Town-sponsored events. For owner-sponsored events the fee
shall be $25.
c.
Applicants shall be limited to no more than two sidewalk sale days
per month.
[Ord. No. 2006-(O)-55A § 2]
The Town Clerk will forward complete applications to the Zoning
Official who will review the application for compliance with the terms
of this section. The Zoning Official will act upon same within 10
business days of the submittal of the application. If the application
is not in compliance, the Zoning Official will so notify the applicant
within said 10 business days of the submission and specifically detail
the area in which the application lacks compliance with the requirements
of this section. The applicant shall have five days to correct any
deficiency in the application. If the applicant fails to do so, the
application shall be deemed rejected.
[Ord. No. 2006-(O)-55A § 2]
If the application complies with this section, the Zoning Official
shall issue a permit strictly subject to the terms and conditions
of this section. During the course of the sidewalk sale, the applicant
shall prominently post the permit on the premises immediately contiguous
to the sidewalk area being utilized by the applicant pursuant to the
permit so that it is plainly visible from the sidewalk and the street
which is immediately contiguous to the sidewalk in front of the applicant's
premises which are covered by the permit.
[Ord. No. 2006-(O)-55A § 2]
a.
No permit required by this section shall be granted to any person
to operate a sidewalk sale until such person shall have filed with
the Town of Kearny an indemnification agreement wherein the applicant
agrees to defend and indemnify the Town of Kearny, its agents, servants,
representatives or employees from any or all claims, damages, judgment
costs or expenses, including attorneys' fees, which they or any of
them may incur or be required to pay because of any personal injury,
including death, or property damage suffered by any person or persons
as a result of or related in any way to the operation and maintenance
of the sidewalk sale for which the permit is issued.
b.
No permit required by this section shall be issued or continued in
operation until the applicant shall have filed with the Town of Kearny
an insurance policy or policies of a company duly licensed to transact
business under the insurance laws of this State, with coverage limits
of at least $100,000 per person and $1,000,000 per accident, insuring
against loss from liability imposed by law upon the distributor for
damages on account of bodily injury or death suffered, and in the
sum of $50,000 against loss on account of property damage suffered
by any person or persons as a result of an accident occurring by reason
of the ownership, control or maintenance of the sidewalk sale, and
no permit shall continue effective unless such insurance shall remain
in full force and effect, during the entire term of the permit. Such
insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance and
control of such sidewalk sale, or any fault in respect thereto, and
shall be for the benefit of any person suffering loss, damage or injury
as aforesaid.
Each insurance policy shall provide that neither the distributor,
nor its insurer, shall have any right to subrogation against the Town
of Kearny. Each insurance policy shall provide primary coverage for
any and all losses and shall be drafted so as to protect all parties.
The applicant shall have the Town of Kearny added as an additional
insured on the insurance policies required by this subsection.
[Ord. No. 2006-(O)-55A § 2]
No vending machines of any kind are permitted on the exterior
of any building operating a sidewalk sale.
[Ord. No. 2006-(O)-55A § 2]
The permittee agrees at the end of the permit period, or in
the event the permit is revoked, that the permittee, at his/her own
cost and expense, will vacate the sidewalk space and promptly remove
the property placed thereon. Failure to do so shall immediately grant
to the Town of Kearny the right to remove any property on the sidewalk,
and the permittee agrees to reimburse the Town for the cost of removing
and storing same. Permittee shall also, at the end of the permit period,
clean up all debris, display boxes and any other material, garbage
or litter from the sidewalk space utilized by the permittee during
the sidewalk sale and shall return it to the condition that it was
immediately preceding the sidewalk sale.
[Ord. No. 2006-(O)-55A § 2]
The permit granted herein shall only permit the sale of goods, articles or merchandise which are customarily or usually sold by the permittee in the permittee's retail or commercial establishment to which the sidewalk sale area is immediately contiguous as defined in subsection 5-37.7 hereinabove. The permit granted herein shall not relieve the permittee from obtaining any and all permits required by any other ordinance, State statute, rule or regulation, including but not limited to food products tobacco or any other regulated items.
[Ord. No. 2006-(O)-55A § 2]
During the months of June, July and August, sidewalk sales may
be conducted no earlier than 8:00 a.m. and no later than 8:00 p.m.
During all other months of the year, sidewalk sales may be conducted
no earlier than 8:00 a.m. and no later than 6:00 p.m.
[Ord. No. 2006-(O)-55A § 2]
Any person who violates any provision of this section shall
be subject to a fine of not less than $50 nor exceeding $1,000 or
imprisonment for a period not exceeding 90 days, or both, and each
and every day in which said violation exists shall constitute a separate
violation.
[Ord. No. 2012-44]
a.
N.J.S.A. 40:48-2.60 et seq. as codified in subsection 5-38.2, governs the placement and use of donation clothing bins. Any amendments hereafter made to the statute shall thereby become a part of this section.
b.
The Construction Code Office be and hereby is designated as the "appropriate
municipal agency" referred to in the N.J.S.A. 40:48-2.60 et seq.
c.
The application fee and renewal fee shall be $25 for each.
d.
No fee, however, shall be required of any IRS sec. 501 (c)(3) entity,
provided that satisfactory proof of its standing as such is submitted
to the Construction Code Office.
e.
The term of a permit shall be one year from the date of issuance.
f.
No more than two donation clothing bins shall be located at one time
on any one tax lot or on any combination of contiguous tax lots of
the same owner.
g.
The person placing, using or employing a clothing donation bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing or other donations outside the
bin.
[Ord. No. 2012-44]
|
N.J.S.A. 40:48-2.60. Solicit, solicitation and appropriate
municipal agency defined.
| ||||
|
For the purposes of P.L.2007, c. 209 (C.40:48-2.60 et seq.),
"solicitation" or "solicit" means the request, directly or indirectly,
for money, credit, property, financial assistance, or other thing
of any kind or value. Solicitation shall include, but not be limited
to, the use or employment of canisters, cards, receptacles or similar
devices for the collection of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution. "Appropriate municipal agency" means the
agency determined by resolution of the municipal governing body.
| ||||
|
N.J.S.A. 40:48-2.61. Donation clothing bins; requirements
for placement for solicitation purposes.
| ||||
|
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin, for
solicitation purposes, unless all of the following requirements are
met:
| ||||
|
a.
|
The person has obtained a permit, valid for a specified period
of time, from the appropriate municipal agency within the municipality
in which the donation clothing bin will be placed, in accordance with
the following:
| |||
|
(1)
|
In applying for such a permit, the person shall include:
| |||
|
(a)
|
The location where the bin would be situated, as precisely as
possible;
| |||
|
(b)
|
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
| |||
|
(c)
|
The name, and telephone number of the bona fide office required
pursuant to subsection b of this section, of any entity which may
share or profit from any clothing or other donations collected via
the bin; and
| |||
|
(d)
|
Written consent from the property owner to place the bin on
his property;
| |||
|
(2)
|
The appropriate municipal agency shall not grant an application
for a permit to place, use, or employ a donation clothing bin if it
determines that the placement of the bin could constitute a safety
hazard. Such hazards shall include, but not be limited to, the placement
of a donation clothing bin within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases;
| |||
|
(3)
|
The appropriate municipal agency may impose a fee for such application,
not to exceed $25, to offset the costs involved in enforcing P.L.2007,
c. 209 (C.40:48-2, 60 et seq.);
| |||
|
(4)
|
An expiring permit for a donation clothing bin may be renewed
upon application for renewal and payment of any fee imposed by the
appropriate municipal agency for such renewal, not to exceed $25 annually,
to offset the costs involved in enforcing P.L.2007, c. 209 (C.40:48-2.60
et seq.). Such application shall include:
| |||
|
(a)
|
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property;
| |||
|
(b)
|
The manner in which the person has used, sold, or dispersed
any clothing or other donations collected via the bin, the method
by which the proceeds of collected donations have been allocated or
spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal; and
| |||
|
(c)
|
The name, and telephone number of the bona fide office required
pursuant to subsection b of this section, of any entity which shared
or profited from any clothing or other donations collected via the
bin, and of any entities which may do so during the period covered
by the renewal; and
| |||
|
(5)
|
The permit number and its date of expiration shall be clearly
and conspicuously displayed on the exterior of the donation clothing
bin, in addition to the information required pursuant to subsection
c of this section;
| |||
|
b.
|
The person, and any other entity which may share or profit from
any clothing or other donations collected via the bin, maintains a
bona fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
| |||
|
c.
|
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
| |||
|
(1)
|
The name and address of the registered person that owns the
bin, and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
| |||
|
(2)
|
The telephone number of the person's bona fide office and, if
applicable, the telephone number of the bona fide office of any other
entity which may share or profit from any clothing or other donations
collected via the bin;
| |||
|
(3)
|
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
| |||
|
(4)
|
A statement, consistent with the information provided to the
appropriate municipal agency in the most recent permit or renewal
application pursuant to subparagraph (b) of paragraph (1) of subsection
a of this section and subparagraph (b) of paragraph (4) of subsection
a of this section, indicating the manner in which the person anticipates
any clothing or other donations collected via the bin would be used,
sold, or dispersed, and the method by which the proceeds of collected
donations would be allocated or spent.
| |||
|
N.J.S.A. 40:48-2.62. Duty of municipality to investigate
complaints relating to clothing donation bins; violations; penalties.
| ||||
|
The appropriate municipal agency within the municipality in
which a donation clothing bin has been placed shall receive and investigate,
within 30 days, any complaints from the public about the bin. Whenever
it appears to the appropriate municipal agency that a person has engaged
in, or is engaging in any act or practice in violation of section
2 of P.L.2007, c. 209 (C.40:48-2.61), the person who placed the bin
shall be issued a warning, stating that if the violation is not rectified
or a hearing with the appropriate municipal agency is not requested
within 45 days, the bin will be seized or removed at the expense of
the person who placed the bin, and any clothing or other donations
collected via the bin will be sold at public auction or otherwise
disposed of. In addition to any other means used to notify the person
who placed the bin, such warning shall be affixed to the exterior
of the bin itself.
| ||||
|
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the appropriate municipal agency may seize the bin, remove
it, or have it removed, at the expense of the person who placed the
bin, and sell at public auction or otherwise dispose of any clothing
or other donations collected via the bin. Any proceeds from the sale
of the donations collected via the bin shall be paid to the chief
financial officer of the municipality.
| ||||
|
N.J.S.A. 40:48-2.63. Additional penalties for violation;
remedies.
| ||||
|
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of P.L.2007,
c. 209 (C.40:48-2.60 et seq.) which results in seizure of the donation
clothing bin shall be:
| ||||
|
a.
|
Subject to a penalty of up to $20,000 for each violation. The
appropriate municipal agency may bring this action in the municipal
court or Superior Court as a summary proceeding under the "Penalty
Enforcement Law of 1999," P.L.1999, c. 274 (C.2A:58-10 et seq.), and
any penalty monies collected shall be paid to the chief financial
officer of the municipality; and
| |||
|
b.
|
Deemed ineligible to place, use, or employ a donation clothing
bin for solicitation purposes pursuant to section 2 of P.L.2007, c.
209 (C.40:48-2.61). A person disqualified from placing, using, or
employing a donation clothing bin by violating the provisions of P.L.2007,
c. 209 (C.40:48-2.60 et seq.) may apply to the appropriate municipal
agency to have that person's eligibility restored. The appropriate
municipal agency may restore the eligibility of a person who:
| |||
|
(1)
|
Acts within the public interest; and
| |||
|
(2)
|
Demonstrates that he made a good faith effort to comply with
the provisions of P.L.2007, c. 209 (C.40:48-2.60 et seq.) and all
other applicable laws and regulations, or had no fraudulent intentions.
| |||
|
N.J.S.A. 40:48-2.64. Effective date; application of act.
| ||||
|
This act shall take effect on the first day of the thirteenth
month following enactment, and shall apply to all donation clothing
bins in place on the effective date of this act and all donation clothing
bins placed subsequent to the effective date of this act, but appropriate
municipal agencies may take such anticipatory acts in advance of that
date as may be necessary for the timely implementation of this act
upon its effective date.
| ||||
