[Ord. #68-1]
As used in this section:
Shall mean any place or premises open to the public for the
principal purpose of dancing to music, where a charge or fee is made,
either as an admission charge or on the basis of the number of dances
in which the patron is entitled to participate, or where no charge
or fee is made except in connection with the sale or service of food,
candy, confectionery or soft drinks, and whether or not the music
is provided by musicians present in the place, or by the playing of
records, tapes, radio or other means.
It shall be unlawful to conduct or operate a dance hall or discotheque
in the township unless the premises wherein the dance hall or discotheque
is situate shall first have been duly licensed for such purpose.
a.
No license shall be issued unless the premises comply with and conform
to all laws of the United States, this State and the ordinances and
regulations of the township, and are properly ventilated, supplied
with sufficient sanitary convenience, and are, in the judgment of
the township committee, safe and proper place for the purposes for
which they are to be used.
b.
No license shall be issued or received unless the applicant therefor
shall be a citizen of the United States and a person of good moral
character.
a.
Application for the license or renewal thereof shall be made in writing,
signed and sworn to by the applicant on forms provided by the township
clerk. If the application is for the issuance of a license to applicant
for a building not yet constructed or completed, plans and specifications
of the proposed building or the proposed completion shall accompany
the application.
b.
Five copies of the application must be filed with the township clerk
at or before the first insertion of the advertisement of notice of
application for license. The license fee hereinafter referred to shall
accompany the application.
c.
Notice of application for license, on forms provided by the township
clerk, shall be published once a week for two weeks successively in
a newspaper printed in the English language, published and circulated
in the county wherein the licensee's premises are located.
d.
The township clerk shall immediately, upon receipt of a written objection,
duly signed by an objector, transmit forthwith to the township committee
the objection and everything pertaining thereto, whereupon it shall
become the immediate duty of the township committee to afford a hearing
to all parties and immediately notify the applicant and the objector
of the date, hour and place thereof. The date fixed for such hearing
shall not be less than two days after the second insertion shall have
been published and shall not be more than 20 days. For good cause,
the township committee in the exercise of sound and fair discretion,
may fix a date for hearing later than 20 days or may adjourn the hearing.
e.
No hearing need be held if no such objections shall be lodged. However,
the township committee shall in no event be relieved of the duty of
making a thorough investigation on its own initiative.
f.
Upon application for license being filed hereunder as required by
the preceding sections, the township clerk shall immediately submit
a copy of the application for license to each of the following: the
chief of police, the building inspector, the board of health and the
fire department of the township. The application shall not be considered
for approval or rejection by the township committee until and unless
a detailed report in writing is received from each of the aforesaid.
The persons and entities shall thoroughly investigate the applicant
and the premises as to the good moral character of the applicant or
any of its officers, servants and employees, and the moral and public
safety hazards involved, and the fire hazards and health hazards involved.
g.
Application for renewal of licenses shall set forth the same manner
and things with reference to the applicant and the premises as the
original application.
h.
No hearing need be held by the township committee if, on their own
motion, after the requisite investigation has been made, they shall
have determined not to issue the license to applicant.
No applicant licensed hereunder and no premises licensed hereunder
shall utilize in, on or about the premises any light or lights having
wave lengths of between 1,500 and 4,000 angstrom units.
The township committee, in granting any license hereunder, may
provide for and impose such conditions and regulations as to the conduct
of the dances as it may deem proper for the health, safety, welfare
and morals of the patrons thereof and of the residents of the township.
No person under the age of 14 years shall be permitted to enter
upon or remain in any place licensed hereunder unless accompanied
by his parent or legal guardian. Dancing shall be permitted in such
licensed premises only during the following hours:
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Fridays and Saturdays:
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From 7:00 p.m. to 12:00 midnight, prevailing time
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All other days, including Sundays:
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From 7:00 p.m. to 11:00 p.m., prevailing time.
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Any license granted pursuant to the terms hereto shall be and
remain in full force for the term of one year from the date of issuance,
unless sooner revoked, as herein provided. At the expiration of the
year, the license may be renewed for a further period of one year
in accordance with the terms and conditions contained herein, upon
the payment of the license fee hereunder.
The annual license fee shall be $100. The license fee is imposed
for revenue purposes.
A license issued under this section may be suspended or revoked,
after notice and hearing by the township committee.
a.
For any disorderly or immoral conduct permitted or suffered on the
premises under the control of the licensee.
b.
For the violation of any of the provisions of this section.
c.
For the violation of any of the rules and regulations promulgated
hereunder.
d.
For any change in the ownership, management, operation or size of
the applicant or his premises from that shown on the license application.
e.
For any changes in the applicant's structure or operation which may
constitute either a fire, health or moral hazard or be deleterious
to the health, safety or welfare of either the occupants, patrons
or residents of the township.
f.
Such license, when so suspended or revoked shall not be reissued
until at least six months shall have elapsed.
All premises licensed hereunder shall be at all times kept in
a clean, healthful and sanitary condition, shall be open and well
lighted and shall be maintained and operated free from any fire, safety
or moral hazard. It shall be the duty of the chief of police of the
township to order and cause any premises or hall or any place where
any public dance is held to be vacated whenever in his judgment any
provision of this section is being violated therein or whenever any
indecent act shall be permitted or whenever any disorder shall take
place therein.
The provisions of this section and regulations adopted pursuant
thereto shall not apply to any building or establishment where dances
are conducted by or under the direct authority and supervision of
any church, synagogue or other religious organization or by any other
nonprofit, social, fraternal, patriotic or educational organizations,
nor to establishments operating under a license issued by the State
Commissioner of Alcoholic Beverage Control or the municipal board
of Alcoholic Beverage Control in accordance with the provisions of
N.J.S. 33:1 etc.
[Ord. #70-10; Ord. #94-06; Ord. #94-07; Ord. #95-04; Ord.
#01-18]
[Ord. #70-10, S1; Ord. #94-06, S1;, S1]
No person or business entity shall permit any outdoor shows,
concerts, festivals, dances, theatrical performances, exhibitions,
and public gatherings for purposes of amusement out of doors, with
a total attendance or participation of 200 or more persons on any
lands or premises owned, leased, occupied or controlled by any of
such persons or business entities within the township without first
having obtained a license from the township in the manner and upon
the conditions hereinafter set forth.
a.
An application for license hereunder shall be signed by the person
responsible and filed, in triplicate, with the township clerk accompanied
by the fee payable hereunder. The application must be filed no later
than 90 days before the proposed date of the event.
b.
The applicant shall set forth in the application for license the
following information:
1.
The name and address of the owner of premises and a signed statement
by the owner consenting to the application if the owner is not the
applicant.
2.
The names and address of the person, or in the case of a corporation,
the names and addresses of the president, vice-president, secretary,
treasurer, and directors and trustees, responsible for conducting
the outdoor shows, concerts, festivals, dances, theatrical performances,
exhibitions, or any public gatherings for purposes of amusement sought
to be licensed. In the case of a partnership the aforementioned data
shall be supplied for each partner.
3.
The type of performance desired to be conducted and a statement of
the purposes of the exhibition or performance, whether for pecuniary
profit or charitable purposes, and if charitable, a statement of the
charity or charities to be benefited.
4.
A survey or site plan of the land or premises sought to be licensed,
depicting thereon a layout of the premises, the area to be used for
parking and the dimensions thereof, the parking spaces, the dimensions
and number of access lanes, fire and emergency access and egress to
all areas of the licensed premises and unobstructed access to all
municipal, county and state roads bordering the licensed premises.
The zoning officer and code enforcement official may accept a photocopy
or other reproduction of an existing survey of the subject property
with the parking spaces, access drives, ingress and egress with their
dimensions, or a hand-drawn site plan showing this information if
those officers deem the information to be sufficient. The acceptance
of any document less than a survey or site plan prepared by a licensed
surveyor is solely within the discretion of the zoning officer and
code enforcement official.
5.
A statement of the number of persons to be engaged in the exhibition
or performance sought to be licensed, and in addition, a statement
of the number of spectators anticipated to be in attendance to watch
or observe the performance or exhibition.
7.
A fee of $50 shall be paid by the sponsor of the event upon filing
the application to be applied by the township toward its expenses
in investigating the application, which fee shall not be refunded
whether a license is issued or denied. A fee of $25 shall be paid
by property owners or tenants of property who supply parking for the
event off-site (outside the site owned or controlled by the sponsor
of the event).
Upon filing of the application the township clerk shall refer
a copy of the application promptly to the township committee and for
investigation of the matters in the application to the code enforcement
officer. A written report shall be made to the township committee
of the results of such investigation of the code enforcement officer
within 30 days of the filing of the application.
If the township committee deems from the report that a hearing
on the application should be held before issuing or denying a license,
then within 10 days after the thirty-day period of investigation,
the township committee shall set a time and place for hearing on the
application which shall be held within 15 days thereafter. At the
hearing the applicant and the township may offer such evidence as
may be desired concerning the application. Within 15 days after the
hearing the township committee shall render a determination on the
application. If the decision is favorable, a license shall be issued.
If the decision is to deny the application, then a copy of the determination
with the reasons for denying the application shall be served upon
the applicant at the mailing address of the applicant designated in
the application.
a.
The license authorized to be issued shall be issued by the township
committee but executed by the mayor and township clerk.
b.
The license shall set forth and describe, with particularity, the
place where the show, exhibition, performance or public gathering
or other event sought to be licensed hereunder shall take place and
the duration of the event. In no case shall the event take place for
more than 10 consecutive days in any one calendar year. The license
shall provide the maximum number of vehicles to be parked on the premises.
c.
The license herein authorized shall not be issued until all fees
have been paid to the township as provided herein.
d.
Any license authorized to be issued hereunder shall be issued subject
to all of the provisions of this section.
The fee to be paid upon issuance of a license shall be:
$50 for gatherings of 200 - 499 persons
$100 for gatherings of 500 or more persons
All license fees shall be in addition to the fees required to
accompany the application. This fee may be reduced or waived by the
township committee for charitable organizations and organizations
promoting the public welfare, such as the fire department or rescue
squads operating within the township or service organizations.
No license fee is required to be paid by those providing parking
off site on property not owned or controlled by the sponsor. However,
an application fee of $25 shall be required pursuant to subsection
4.2-2b,7 for those providing 11 or more parking spaces.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall be
permitted unless a license is issued by the township committee. The
township committee may waive conditions of approval for events held
for governmental purposes, events held by charitable organizations,
and organizations benefiting the general welfare, such as fire departments
and rescue squads or for service organizations. However, the township
committee shall not waive any conditions that may compromise public
safety. However, those providing 10 or less parking spaces is exempt
from the requirements of this chapter requiring a license.
a.
No person or party licensed hereunder shall allow, or permit any
exhibition, performance or gathering of persons for any unlawful purpose
or to be conducted in any unlawful, disorderly, obscene or lewd manner.
b.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition, or public gathering for purposes of amusement shall allow
any performer to perform or be displayed in the nude.
c.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall be
allowed which shall depict sexual suggestive acts or subjects offensive
to public morals and decency.
d.
No outdoor show, concert, festival, dance, theatrical performance,
exhibition or public gathering for purposes of amusement shall allow
the use of any moving pictures or other media which is obscene, lewd,
indecent or offensive to public morals and decency.
e.
Any licensee hereunder shall not permit any employees or agents of
the applicant or any spectators or any persons on the licensed premises
during the period of the time licensed to completely undress or go
about in the nude or become undressed or go about in a lewd, obscene
or indecent manner.
f.
The licensee shall allow the State police, county sheriff's officers,
Wantage construction code official or subcode officials, Wantage code
enforcement officer, health department inspector, emergency management
personnel, fire prevention inspector and any other enforcement personnel
authorized by the township committee to inspect the licensed premises
and any premises being used in conjunction with the event.
g.
The licensee shall provide security personnel to direct traffic on
the premises and maintain an orderly flow to avoid congestion on the
roads or access lanes.
h.
The licensee shall maintain at its own expense one or more persons
or agents responsible for the proper conduct of the event licensed
who shall remain upon the premises licensed at all times during the
period in which the license shall be in effect. The name, address
and description of the person, persons or agents responsible shall
be furnished to the township before the beginning of the licensed
period, and in the event that any change is made in a person or agents
responsible herein designated, notice of such change with the names
and addresses and descriptions of the persons to be substituted shall
be furnished to the township upon at least 24 hours' notice. The mayor
or other authorized officers or agents of the township for such purpose
may require the licensee to introduce the person or agents responsible
for the conduct of the event to the mayor of the township or such
other authorized officer or agent of the township as the township
may designate to the licensee.
a.
In the event that any of the provisions of this section shall be
violated, the township committee, through its authorized officers
or agents may terminate or suspend any license issued hereunder. Such
suspension or revocation shall be determined as follows:
1.
The code enforcement official or other person authorized by the township
committee shall cause a written notice of the alleged violations of
this section or of any other laws involved to be served upon the applicant
or any of the agents of the applicant upon the premises, together
with a notice of the time and place of hearing to be held not less
than 24 hours after service, directing the licensee to show cause
before the township committee why the license should not be suspended
or revoked.
2.
At the hearing the township committee shall hear all of the evidence
offered by the township and the licensee which is material to the
issue and shall make a prompt determination of its findings. If the
findings be in favor of the licensee, the charges shall be dismissed,
but if the findings be against the licensee, the license issued may
be revoked entirely or suspended upon such conditions as the township
committee may direct. In the event of full revocation, the event licensed
shall be terminated immediately and no further outdoor show, concert,
festival, dance, theatrical performance, exhibition or public gatherings
for purpose of amusement shall be held under the license granted therefor
and any persons remaining upon the licensed premises may be dispersed
immediately by any peace officer of the township and by such other
persons or agents as may be properly authorized by the township.
b.
No license fee or portion thereof shall be refunded following revocation
or suspension of any license issued.
Whenever notice is required to be given to the applicant or
licensee hereunder, the service of notice may be made by registered
or certified mail directed to the person and address listed in the
application or otherwise personally upon the applicant or any of the
agents of the applicant upon the licensed premises.
[Ord. #63-1]
It shall hereafter be unlawful for any person to keep or maintain
a junk yard or junk shop or deal in junk at any place within the limits
of the township, without first having obtained a license for such
purpose as hereinafter provided, and in any manner contrary to the
provisions of this section.
As used in this chapter:
a.
JUNK - Shall mean any old, discarded or unused waste material of
any type that has outlived its usefulness for its original purpose,
including iron, metals, glass, paper, rags, clothes, machines, automobiles,
motor vehicles, or parts thereof, or accessories thereof such as auto
bodies and the like, and all other materials commonly or generally
known as "junk" in the ordinary meaning of the word, acquired or collected
for commercial purposes; including specifically parts and portions
of automobiles and discarded automobiles and automobile bodies.
b.
JUNK YARD - Shall mean any lands or parcels thereof on which junk
is collected or placed or stored for commercial purposes or for any
remuneration whatever. A junk yard shall not include premises whereon
the materials herein described as "junk" are kept or stored or disposed
of by an owner or occupant of the premises by reason of their obsolescence
in the ordinary sense of the word, or which originate of the premises
and become obsolete, or are kept or stored for the use of the owner
or occupant other than in the business of buying, selling, or storing
the same.
c.
JUNK SHOP - Shall mean any building within the township, in which
junk is stored, or placed, or sold, or purchased for commercial purposes
within the provisions of this section.
d.
JUNK DEALER - Shall mean any person who deals in junk for commercial
purposes, or who buys or otherwise acquires or collects or stores
junk for commercial purposes within the township in the manner provided
in this section.
e.
LICENSED PREMISES - Shall mean any lands or buildings or both whereon
a junk yard is maintained under license hereunder or any junk shop
which is licensed, or any premises for which a license is issued to
a junk dealer under the provisions of this section.
f.
GOOD CAUSE - Shall mean the violation of any of the provisions of
this section, or any false statement contained in the application
for license, or failure to pay any license fee when due or any conviction
of the applicant during the term for which the license was issued
for the violation of any criminal statute or law of the State of New
Jersey, or of any State in the United States, or the United States
Government.
a.
All applicants desiring a license for the maintenance of a junk yard
or junk shop, or as a junk dealer, shall first file a written application
signed by the applicant with the township clerk, containing the following
information:
1.
Name and status of application; that is whether individual, corporation,
partnership, or association. If an applicant is a corporation, the
applicant shall furnish the names and addresses of all officers and
registered agents and shall designate the office of each; if the partnership
or association, the applicant shall state the names and addresses
of all members thereof.
2.
Permanent residence address of the applicant.
3.
The place of the permanent residence of the applicant for each of
the preceding three years.
4.
A full description of the premises desired to be licensed, including
a metes and bounds description of the lands constituting the premises
together with a description of any buildings or improvements thereon,
and a sketch, diagram or map of the lands desired to be licensed.
5.
A description of the type and size of any buildings to be maintained
as a junk shop.
6.
A description of materials to be purchased or sold or stored in any
junk-shop or on any junk yard or in which any junk dealer intends
to deal.
7.
A statement of the number and places of arrests or convictions for
crimes against the applicant and the nature of the offenses on which
such arrests or convictions were made.
8.
A statement of the equipment to be used in the operation of the business
and the method of operation.
b.
Application shall be accompanied by payment of the amount of the
license fee for the period involved.
c.
An applicant for a license shall cause notice of his application
to be published twice in successive weeks, at least once each week,
in a newspaper published and circulating within the county, the first
of which publication shall be at least 10 days prior to the date for
consideration of the application by the township committee and the
applicant shall also file due proof of publication of the application
with the township clerk prior to the date for consideration of the
application.
d.
The township clerk shall present any applications, together with
the fee accompanying the same and proofs of publication, to the township
committee at its next meeting following receipt of proofs of publication
from the applicant. In the event the license applied for shall be
denied, the fee accompanying the license shall be returned less, however,
the sum of 10% thereof to cover the cost of investigation of the applicant.
e.
If the applicant is not the owner of the site where the business
is to be conducted, the owner's consent to the conduct of the business
described in the application shall be endorsed in writing on the application,
or otherwise annexed thereto.
a.
The township committee may consider the application for license at
the meeting for which said application and proofs and fees are presented,
or it may set a date for a hearing to be held on said application
at some reasonable time thereafter, which hearing, however, shall
not be later than one month from the date of the township committee
meeting considering the same, and at which hearing any objectors to
the license may be heard and may present evidence as well as the applicant
and those in support of the license.
b.
If a date for hearing on the application for license is set, the
township committee may investigate the applicant and the matters set
forth in the application through its own officers, employees, or representatives
and
1.
Shall require the chief or assistant chief of any duly established
fire department located within the township, to be appointed for the
purpose by the chairman of the township committee, to make an inspection
of the premises to determine whether the operations involved, or the
proposed location for the operation, would constitute a fire hazard
to the surrounding neighborhood. The persons shall make report in
writing to the township clerk at least five days prior to the date
of hearing, which report, if unfavorable, shall set forth the facts
or evidence upon which an unfavorable recommendation is based.
2.
Cause an investigation to be made of the applicant by the chief of
police of the township to determine whether the applicant has ever
been convicted of any violation of the criminal laws of the State
of New Jersey, or of any other State in the United States of America,
or of any country. The chief of police shall make a report in writing
as to whether he has found any violations of criminal law, and shall
set forth the nature of any violations ascertained and the date and
place thereof in his written report which shall be filed with the
township clerk at least five days before hearing thereon.
3.
The township committee shall also obtain a report in writing from
the tax collector as to whether the applicant is in default in the
payment of any taxes owing the township at the time the application
is filed, which report shall be filed with the township clerk at least
five days before the date of hearing set for the application.
4.
The township committee may investigate and consider as part of its
determination for the issuance of a license any unreasonable depreciation
of surrounding property of adjoining owners which might ensue from
the establishment or maintenance of such a business at the location
designated in the application. The proximity of schools, churches,
public highways, the suitability of the applicant to receive the license,
which shall include his arrest or conviction for criminal acts, public
convenience and necessity, and social and aesthetic desirability shall
also be taken into consideration of such application.
c.
After considering all the evidence with respect to the application,
the township committee may deny the license to the applicant for good
cause revealed by the facts or evidence, and if any application for
license is denied, the township committee shall state in writing the
reasons for the denial forming the good cause found by the township
committee denying the license to the applicant.
d.
The license when issued by the township shall be displayed in a conspicuous
place upon the licensed premises at all times.
e.
The township committee, after investigating and considering an application
for license hereunder, or after hearing on the same shall, if the
application subscribes to the provisions of this section, authorize
the township clerk to issue a license to the applicant, which license
shall be effective from the date of issuance to midnight of the last
day of December of the year in which issued.
All licenses granted under this ordinance and all premises licensed
hereunder shall be subject to the following regulations:
a.
No part of any premises licensed shall be located within 100 feet
of the side line or right of way line of any public road or street
or within 10 feet of the boundary line of any adjoining property owner.
This section shall not apply to buildings used in connection with
the business which are already in existence on March 12, 1963, which
are located nearer than 100 feet from the side line or right of way
line of any such street or road provided that no junk or merchandise
or material is stored outside of said buildings.
b.
No part of any premises sought to be licensed shall be located within
200 feet from any private residence not owned by the applicant or
within 500 feet of any church or school.
c.
A junk yard shall be completely obstructed from view from the public
road. In obstructing the view of the licensed premises from the public
road, the licensee shall have at the time of the application, or shall
construct within 60 days of the granting of any license and before
storing of any junk, a solid board fence or other solid material at
least seven feet high from the ground and built in such manner so
as to obstruct visibility of the junk yard from any public street
or public property from outside the enclosure. The fence or enclosure
shall be painted with either a white or dark green paint and shall
be maintained in good condition and kept in a good painted condition
at all times. There shall be no advertisement allowed or any description
or writing on the fence except the owner's name and description of
the character of his business, and such description or writing shall
not exceed an area of six square feet. The requirement as to fencing
may be waived temporarily by the township committee in its discretion
where the conditions are such that by reason of location or the existence
of a natural or other barrier, the premises are not visible from either
the public road or the adjoining properties.
1.
The licensed premises shall be enclosed at the entrances and exits
thereof and therefrom by a gate which shall be securely closed and
locked when unattended so as to preclude any entrance to the enclosure
whenever the enclosure may be unattended.
2.
The remaining premises around the junk yard shall be obstructed from
the view of adjoining owners so far as possible by a fence or shrubbery
either seven feet high or of such height as may obstruct the view
from surrounding property as best as may be done.
d.
No junk or rubbish or salvage material of any type shall be maintained
outside the enclosure surrounding the licensed premises of any junk
yard, nor outside of any junk shop licensed hereunder.
e.
No license issued hereunder shall entitle any licensee to operate
under said license at, in, or on any lot, building, or location or
any part thereof other than that specified in the license, and no
license shall be assignable or transferable to any other person or
party whatever. A license shall be transferable from its original
site to another site owned or controlled by the holder of the license
upon application to the township committee, provided that the new
site to which the transfer is sought complies in all respects with
requirements of this section which may be applicable thereto. A fee
of $25 shall be paid for such transfer.
f.
Burning of materials subject to all State regulations shall be permitted
during one day in each week between the hours of 8:00 a.m. and 8:00
p.m., except that this shall not prohibit the use of acetylene torches
in salvaging or repairing any goods, motor vehicles, or other chattels
on the premises or parts thereof. In the event that fires of accidental
nature occur on the licensed premises in such numbers or such periods
of time as to create a fire hazard to other properties or inhabitants
of the township or otherwise occur so consistently or in such number
as to become a nuisance to the fire departments, the township committee
may revoke the license granted after due hearing and notice thereof
because of the hazardous nature or conduct of the business.
g.
No materials of an explosive nature, excepting acetylene, oxygen
and propane gases used in cutting, welding or brazing, shall be maintained,
stored or demolished on any licensed premises.
h.
No materials shall be kept or maintained on the licensed premises
which shall be of such odorous nature as to be offensive to adjoining
property owners or other inhabitants in the area of the licensed premises.
i.
The licensee shall take all reasonable measures to keep rats or other
vermin from the licensed premises.
j.
The licensee shall maintain sufficient fire extinguishers on the
licensed premises at all times, and shall also establish fire protection
according to standards recommended by the national board of fire underwriters
for such premises. The licensee shall also report all fires to the
township clerk furnishing date and extent of fire, and cause, if known.
k.
No licensee hereunder shall purchase any goods, articles, or other
materials whatever from any person under the age of 17 years.
l.
No licensee shall pile or stack or place junk above the level at
the height of the fence enclosing a junk yard or otherwise in such
manner as to create a fire hazard or to create a place for the harboring
of rats, mice, or vermin.
m.
The business of the licensee shall be operated in such manner as
not to cause unreasonably loud noises that are either so consistent
or so audible as to be a nuisance to other property owners or inhabitants
in the neighborhood.
n.
No licensee 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, altered, covered, or destroyed with the apparent
purpose of concealing the identity of such vehicle.
o.
All junk dealers shall keep books in which records are maintained
of all purchases by the junk dealer, and which books shall be open
to inspection by any law enforcement agency in order to enable the
police department to trace stolen goods. Such inspections by any law
enforcement agency, however, shall be made only upon the written authorization
for such inspection from the chief of police of the township.
Any license issued by the township may be renewed each year
thereafter without publication of notice of application by furnishing
notice of intention to renew said license in writing with the township
clerk at least 30 days prior to the first of the year, and upon payment
of the annual license fee of $120. No hearing shall be required for
the issuance of any renewal license unless objections are filed in
writing with the township clerk by any inhabitant or taxpayer of the
township against the renewal of the license. In the event a written
objection is filed before renewal as herein provided, the township
committee shall set a date for hearing and proceed to hear the objection
and all evidence for and against the issuance of such license not
later than 15 days from the beginning of the renewal period, and at
the conclusion of the hearing the township committee may then determine
whether to issue a renewal license or to deny the same if the evidence
presented indicated sufficient cause by virtue of prior violations
of the section by the licensee.
The township committee may authorize a temporary permit for
such licensee until the hearing has been completed and a determination
made so that the business of a licensee may not be suspended or interfered
with unreasonably by filing of any written objections.
a.
The township committee may revoke any license granted at any time
during the period for which the license was issued on the township
committee's own action, or on the objection of any taxpayer or inhabitant
of the township for good cause shown after a hearing provided to the
licensee following complaint in writing and at least seven days' notice
to the licensee setting forth the grounds of complaint.
b.
The licensed premises shall be open to inspection by the police department
or the board of health of the township at any reasonable time of day
or night upon the proper authorization for such inspection by the
chief of police or the police commissioner of the township, or health
officer, or the board of health of the township.
No licensee shall conduct any processing operations on the licensed
premises after 8:00 p.m. and prior to 8:00 a.m. of the following day,
or on legal holidays designated as New Year's Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving Day and Christmas.
a.
The annual fees for each license issued hereunder shall be the sum
of $120 which shall be prorated where the license shall not have been
issued on January 1 of a year, and any period less than 15 days shall
constitute a half month for the purposes of prorating the annual fee.
b.
Payment of the fees shall accompany filing of all applications for
licenses or for any intention to renew thereafter. In the event an
application for license is denied or renewal license is denied, the
fee shall be returned less 10% for the cost of the township in investigating
the same. In the event that license shall be revoked for good cause
shown or terminated voluntarily by the licensee, there shall be no
refund of any portion of the license fee.
A continuance of a violation or a noncompliance with the provisions
of this chapter shall be deemed a nuisance and the township committee
shall have the right to apply to the courts of this state for injunctive
relief or other relief in addition to the penalties prescribed herein.
[Ord. 8/13/68; Ord. #68-4]
It shall be unlawful for any solicitor or canvasser as defined in subsection 4-4.2 of this chapter, to engage in such business within the corporate limits of the township without first obtaining a permit therefor in compliance with the provisions.
As used in the section:
Shall mean any individual, whether a resident of the township
or not, travelling either by foot, wagon, automobile, motor truck
or any other conveyance from place to place, from house to house,
or from street to street, taking or attempting to take orders or make
contracts for sale at retail of goods, wares and merchandise, personal
property of any nature for future delivery or for work or services
of any nature to be furnished or performed in the future, whether
or not such individual has, carries or exposes for sale a sample for
the subject of such sale, or whether he is collecting advance payment
on such sales or not.
This section is not intended to apply and shall not be construed
to apply to sales of merchandise or solicitations of orders for merchandise
by members, agents or employees of bona fide religious, charitable
or nonprofit corporations or associations, where the entire net proceeds
of such sales inures to the benefit of such charitable, religious
or non-profit association or corporation, and no part of the sale
price inures to the benefit of any solicitor or canvasser, and shall
not in any manner restrict or abridge the rights and privileges of
persons holding state licenses issued to veterans and exempt volunteer
firemen who may come within the effect of N.J.S. 45:24-9, et seq.
Applicants for a permit under this section shall file with the
township clerk a sworn application in writing (in duplicate) on forms
to be furnished by the clerk, which shall give the following information:
a.
Name and description of the applicant.
b.
Permanent home address and local address of the applicant.
c.
A brief description of the nature of the business and the goods to
be sold.
d.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
e.
The place where the goods proposed to be sold, or orders taken for
the sale thereof, are manufactured or produced, where such goods or
products are located at the time said application is filed, and the
proposed method of delivery.
f.
Two photographs of the applicant, at least two inches by two inches,
showing the head and shoulders of the applicant in a clear and distinguishing
manner. Such photographs shall have been taken sufficiently recently
so that they portray the applicant's features substantially as they
exist at the time of making the application.
g.
The fingerprints of the applicant, and the names of at least two
reliable property owners of the county who will certify as to the
applicant's good character and business respectability, or, in lieu
of the names of references, such other available evidence as to the
good character and business responsibility of the applicant and his
employer, as will enable an investigator to properly evaluate such
character and business responsibility.
h.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense, and the punishment or penalty assessed
therefore.
i.
The names of the municipalities in the State of New Jersey in which
applicant has canvassed or solicited within the three months next
preceding the date of application.
At the time of filing the application, a fee of $5 shall be
paid to the township clerk, to cover the cost of investigation of
the facts stated therein.
a.
Upon receipt of such application, the township clerk shall cause
such investigation of the applicant's business and moral character
to be made as he deems necessary for the protection of the public
good. Such investigation shall be completed within 10 days after the
application is filed.
b.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the township
clerk shall endorse on such application his disapproval and his reasons
for the same, and shall notify the applicant that his application
is disapproved and that no permit will be issued.
c.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
township clerk shall endorse on the application his approval, and
shall deliver to the applicant his permit. Such permit shall contain
the signature and seal of the issuing officer, and shall show the
name, address and photograph of the permittee, the class of permit
issued and the kind of goods to be sold thereunder, the date of issuance
and the length of time the same shall be operative as well as the
permit number, and other identifying description of any vehicle used
in such soliciting or canvassing. The clerk shall keep a permanent
record of all permits issued. The fee for such permit shall be $10.[1]
Every permit issued hereunder shall be valid for the period
of one year from the date of issuance, and upon expiration of said
period, said permit shall expire.
Any solicitor or canvasser who has been issued a permit under
this section, shall so indicate upon his application form when applying
for a new permit. Such applicant shall not be required to be fingerprinted
again, and need supply only one photograph with the application, provided
the photograph then on file with the township clerk was taken within
the four years next preceding the date of the new application and
still portrays a reasonably accurate likeness of the applicant.
The township clerk shall issue to each permittee at the time
of delivery of his permit, a badge which shall contain the words "Licensed
Solicitor", the date of application of such permit, and the number
of the permit in letters and figures easily discernible from a distance
of 10 feet. The badge shall, during the time such licensee is engaged
in soliciting, be worn constantly by the licensee on the front of
his outer garment in such a way as to be conspicuous.
Solicitors and canvassers must carry their permits upon their
persons at all times during solicitation or canvassing and are required
to exhibit their permits at the request of any citizen.
It shall be the duty of any police officer of the township to
require any person seen soliciting or canvassing, and not known by
such officer to be duly licensed, to produce his solicitor's or canvasser's
permit, and to enforce the provisions of this section against any
person found to be violating the same.
The township clerk shall maintain a record for each permit issued
and record the reports of violations therein.
a.
Permits issued under the provisions of this section may be revoked
by the township clerk after notice and hearing for any of the following
causes:
1.
Fraud, misrepresentation, or false statement made in the application
for permit.
2.
Fraud, misrepresentation, or false statement made in the course of
carrying on his business as solicitor or canvasser.
3.
Any violation of this section.
4.
Conviction of any crime or misdemeanor involving moral turpitude,
or
5.
Conducting the business of soliciting or of canvassing in an unlawful
manner, or in such manner as to constitute a breach of the peace,
or as to constitute a menace to the health, safety or general welfare
of the public.
b.
Notice of a hearing for the revocation of a permit shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of hearing. Such notice shall be mailed, postage
prepaid to the permittee at his last known address, or served upon
him personally, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the township clerk in the denial or revocation of a permit shall have the right of appeal to the township committee. Such appeal shall be taken by filing with the township clerk, within 10 days after the notice of the action complained of has been mailed to such person's last known address or served upon him personally, a written statement setting forth fully the grounds for the appeal. The township committee shall set the time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in subsection 4-4.12b for notices of hearing on revocation. The decision and order of the township committee on such appeal shall be final and conclusive.
[Ord. #70-12]
As used in this section:
a.
REFUSE - Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleaning,
and solid market and industrial wastes; whether combustible or noncombustible.
b.
GARBAGE - Shall mean animal and or vegetable waste solids resulting
from the handling, preparation, cooking and consumption of food.
c.
RUBBISH - Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes.
d.
COMBUSTIBLE WASTES - Shall mean yard trimmings, rags, woods, cardboard
and other combustible waste solids of a nonvolatile or explosive nature.
e.
NONCOMBUSTIBLE WASTES - Shall mean all solid waste material which
does not burn.
The owner, agent, lessee, tenant, or occupant of every dwelling
house or other premises where refuse accumulates shall provide and
keep on such premises sufficient and suitable receptacles with tight
fitting covers for receiving and holding the refuse.
a.
"Sufficient" is defined for the purpose of this section to be at
least one receptacle for each family unit or other occupant of premises
and at least two such receptacles for each commercial or business
established where the aforesaid refuse shall accumulate, but each
occupant of premises shall provide sufficient receptacles to store
all refuse which may be accumulated thereat between the times when
such refuse is disposed of as hereinafter provided.
b.
Suitable is defined for the purpose of this section to be a water-tight
metal, rubber or plastic receptacle with a tight fitting cover so
constructed as to prevent spilling or leakage of its contents. Each
receptacle for use at a single residence shall have a capacity of
not more than 30 gallons and be equipped with a pull handle or handles.
Receptacles for refuse from multi-dwelling units or industrial premises may have a greater capacity than that prescribed in subsection 4-5.2 hereof provided they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
Receptacles that are badly broken or otherwise fail to meet
the requirements of this subsection, may be classed as refuse and
collected and disposed of as such, by the person or agency responsible
for the collection of refuse, provided that such receptacle shall
not be collected if it appears to have been suitable under the definition
of this section at some previous time without a written notice being
delivered to the owner of the fact that the receptacle is not deemed
suitable at least 10 days before the receptacle is collected.
Receptacles for refuse shall not be set out for collection except
during hours of a day scheduled for collection of refuse or the evening
before.
Receptacles shall be conveniently located on premises for the
storage of refuse and maintained in such manner with the cover in
place as to prevent creation of a nuisance or menace to public health.
a.
Garbage shall be thoroughly and completely drained of all liquids,
wrapped securely in paper or placed in paper bags and placed in a
receptacle as herein described.
b.
Papers shall be secured and properly tied into bundles or other packages
in a manner to prevent scattering while waiting or during collection.
The bundles or packages shall be of a size and weight to permit ease
of handling by one man.
c.
Combustible or noncombustible waste of such a nature that it cannot
be deposited in a receptacle shall be securely and properly tied into
bundles or packages to prevent spilling or scattering. The bundles
or packages shall be of a size and weight to permit ease of handling
by one man and shall be packaged or otherwise assembled in quantities
weighing not more than 50 pounds.
a.
The person occupying any premises whereon a business or industry
is conducted shall arrange for the removal of refuse on such premises
each day unless sufficient and suitable facilities are provided and
used for the storage of such refuse within a building on such premises
until the refuse is removed.
b.
The person occupying any premises shall be required to arrange for
the pickup or collection of refuse from the premises at least once
a week during a period when the premises are being occupied and used
by such person.
No refuse, except combustible waste, which can be burned as provided in subsection 4-5.11, shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with standards established by the State department of health.
The sanitary landfill owned by the township, formerly owned
by Emmanuel C. Cosh and Lillian A Cosh, his wife, containing 21.5
acres of land, more or less, is hereby designated as the only presently
established sanitary landfill in the township. The township committee
may designate any other properly established landfill by resolution
provided notice of such designation is published in a newspaper circulated
in the municipality.
Combustible waste may be burned on the premises where it is
collected provided the method of disposal is permitted by State law,
and a State fire permit is obtained for open burning. Such burning
shall be conducted so as not to create a nuisance.
[Ord. #70-12]
Depositing of refuse at the township landfill shall be at the
direction of the operator. He shall direct persons using the facilities
where to deposit refuse and the depositing of refuse in any location
except that so designated is prohibited.
Scavenging of refuse at the land-fill site is prohibited except
that the operator shall scavenge the refuse for the benefit of the
township.
The fee for the use of the township landfill by commercial licensees
shall be at the rate per cubic yard established by the township committee
through resolution. Cubical contents of open vehicles shall be figured
to at least six inches above the side thereof.
The township committee shall determine the regular posted hours
for delivery of refuse at the site and refuse shall not be delivered
at the site at any other time.
The landfill operator shall have the authority to effectuate
the proper execution of these provisions and to exclude persons from
such landfill who fail to follow the reasonable directions so established.
The township committee shall have the right to enter into contract
with other municipalities for the purpose of providing the residents
of such other municipalities with refuse and garbage disposal facilities
and to establish rates for such service by resolution.
The storage, collection or disposal of refuse in violation of
any provision of this section is hereby declared to be a nuisance
and detrimental to public health.
Any resident of the township or of any municipality with which
the township shall have contracted with in regard to garbage and refuse
disposal may bring refuse or garbage to the township land fill in
his own vehicle provided that such garbage or refuse accumulated on
his own premises and provided further that he shall have obtained
a permit therefor. The fee for such permit shall be $5 annually if
issued prior to July 1 and shall be $3 if issued on or after July
1.
All licenses and permits issued under this chapter shall expire
December 31 in the year of issue.
a.
The township committee may, by resolution, adopt reasonable rules
and regulations to carry out the provisions of this section and the
violation of such rules and regulations shall constitute a violation
of this section.
b.
Any licensee is subject to revocation or suspension of his license
for violation hereof.
This section is for regulatory and revenue raising purposes
and shall be effective after October 12, 1970, except that the provisions
relating to licenses and permits herein contained shall become effective
on January 1, 1971.
[Ord. #83-02; Ord. #83-05; Ord. #2005-01]
a.
COIN-OPERATED AMUSEMENT DEVICES (HEREINAFTER "DEVICE") - 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, skeeball machines,
pokerino machines, which 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. Excluded from this definition are music vending
machines commonly known as "juke boxes" and coin-operated pool tables.
b.
OPERATOR - Shall mean any natural person, partnership, firm, association,
corporation or any other business entity which owns or controls premises
or a location within the township in which any device is displayed
or kept for use, play or operation.
c.
PERSON - Shall mean any natural person, partnership, firm, association,
corporation or other business entity.
No operator shall operate such device unless a license is first
obtained from the township. A separate license for each device shall
be obtained. Applications shall be made on forms supplied by the township
clerk.
Any nonprofit, charitable or religious organization owning or leasing any such device as defined in subsection 4-7.1 may operate such device without obtaining a license and is expressly exempted therefrom. Such organization shall not install, maintain or operate more than two such devices in or upon any single premises or location.
All licenses issued pursuant to this section shall expire on
December 31 of the year when issued and shall be renewed for each
calendar year thereafter.
The license fee for each device set forth in subsection 4-7.1 shall be $25 for each calendar year excepting that if such device is located within a recreational facility for which a general admission is charged, the license fee for each such device shall be $12.50 for each calendar year. There shall be no proration of license fee if issued for less than a full calendar year.
a.
(Reserved)
b.
Not more than one device shall be licensed for each 150 square feet
of floor area contained in the premises wherein said device or devices
shall be installed.
c.
No license shall be issued for premises within 200 feet of any church,
public school or private school operating under a license issued by
the State of New Jersey.
a.
Applications shall be made on forms provided by the township and
shall be filed with the township clerk together with the appropriate
license fee, and shall contain the following information:
1.
Name, age, residence address and residence telephone number of applicant.
2.
Address, telephone number and location of premises, including tax
block and lot, and dimensions of area in which devices are to be installed.
3.
Name, address and telephone number of owner of premises, if different
than applicant.
4.
Number of devices to be licensed and description thereof, including
name of manufacturer, model and serial number of each device.
5.
Name and address of person, firm or corporation from whom each device
is to be purchased, leased or otherwise obtained.
6.
Copies of leases if leased or documents of title if owned.
7.
Whether the applicant or any person connected with the operation
of the place of business wherein the device or devices are to be installed
has ever been convicted of a crime.
b.
No license shall be issued to a person who shall not have attained
the age of 18 years at the time of application.
a.
The township clerk shall conduct an investigation as to the device
or devices to be licensed and the premises in which such device or
devices will be installed.
b.
The fire sub-code official and the township public health agency
shall inspect the premises and make report to the township clerk as
to whether there is compliance with all applicable fire and sanitary
codes and regulations.
a.
The township clerk shall have the power to issue licenses or to deny
an application for license if the shall determine that the applicant
is ineligible to procure such license or that the premises either
do not comply with the requirements of this section or that the granting
of such license would be in violation of any statute, ordinance or
regulation. He shall also have the power to suspend or revoke a license
if he shall determine that the circumstances require such suspension
or revocation.
b.
The township clerk shall, before denying an application for a license
or suspending or revoking a license, give notice in writing to the
applicant or licensee of such proposed action and the reason or reasons
therefor, and of a hearing to be conducted by the township clerk with
regard thereto, to be held in his office in the Wantage Municipal
Building at least 10 days prior to such hearing either by personal
service or by certified mail, directed to his address as stated in
his application. At such time and place the applicant or licensee
shall have an opportunity to be heard. The township clerk shall at
that time either grant or deny the application or suspend or revoke
the license or dismiss any pending action relative thereto as he shall
determine to be appropriate. The township clerk shall make written
report to the township committee of all applications denied and all
licenses suspended or revoked and the reasons in support of such action.
Any applicant or licensee aggrieved by the action of the township clerk in denying an application or suspending or revoking a license shall have the right to appeal the decision of the township clerk to the township committee providing that he has availed himself of the opportunity to be heard by the township clerk. He shall give written notice of such appeal to the township clerk within 10 days after he receives notice in writing of such denial, suspension or revocation notice shall set forth fully the grounds of appeal. The township committee shall determine the time and place for hearing of the appeal upon written notice to the appellant in the same manner as provided for notice of denial, suspension or revocation in subsection 4-7.9b. The decision of the township committee on such appeal shall be final and conclusive.
In the event a licensee desires to substitute or exchange a
device for one already licensed he shall, before making such substitution
or exchange, file with the township clerk all information required
by this section for licensing a device and procure a certificate authorizing
such substitution or exchange. No further license fee shall be required.
a.
The licensee shall at all times maintain good order upon the licensed
premises, and shall not permit, suffer or allow any disturbance, congestion,
or loitering upon the licensed premises.
b.
The licensee shall not permit, suffer or allow any person to bid
or gamble in any form or manner on the licensed premises and shall
prevent any immoral or illegal conduct from occurring.
c.
No licensed premises shall be without adequate sanitary facilities
or contain any fire, safety or health hazards.
d.
Every device shall at all times be in clear view upon the premises
wherein it is located.
e.
No licensee shall refuse to cooperate fully with the police department
and fire department, nor shall any licensee refuse access to his premises
to the police department, fire department or department of health
at any time during normal business hours or at any other reasonable
hour.
[Ord. #88-08; Ord. #92-03]
Whenever the owner of any land in the Township of Wantage applies
for the issuance of any license or permit requiring the approval of
the municipality or any municipal agency, no such license or permit
shall be issued so long as there are any delinquent property taxes
or assessments on the property wherein the business or activity for
which the license or permit is sought or wherein the business or activity
is to be conducted. Dog licenses, however, may be issued regardless
of whether there are any delinquent property taxes or assessments
due.
When any licensee or permittee who is the owner of the property
upon which the licensed business or activity is conducted has failed
to pay the taxes or assessments due on the property for at least three
consecutive quarters, the license or permit may be revoked by the
township committee upon 10 days' notice to the holder of such license
or permit. Upon payment of any such delinquent taxes or assessments
the license or permit shall be restored.
The provisions of this section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act" R.S. 33:1-1 et seq.
The township committee is hereby authorized to waive the requirement for the payment of real estate taxes as a precondition to the issuance of a license or permit as set forth in subsection 4-8.1 above in the following instances:
a.
There is an emergency affecting public health or safety or the health
or safety of residents of a particular building, where the issuance
of the license or permit will alleviate the emergency, or
b.
The issuance of the license or permit will facilitate the payment
of the taxes within a reasonably short period, or
c.
The amount of the taxes due is under $500 or
d.
The payment of the taxes is temporarily prohibited by a bankruptcy
or insolvency proceeding pending in a court of law, or
e.
Other good cause being shown for the non-payment of the taxes and
it appearing that the payment of the taxes appears likely within the
next 90 days.
f.
Any waiver granted under this subsection does not eliminate the ongoing
obligation by a taxpayer to pay real estate taxes to the township
or the lien for taxes held by the township.
g.
Anyone requesting such a waiver shall apply in writing and set forth
in letter form the reason why the waiver of the requirement for payment
of taxes prior to the issuance of a license or permit should be granted.
The township administrator is hereby authorized to grant a temporary
license or permit for a period of up to 90 days at a time if the township
administrator, in her discretion, deems it appropriate to do so.
[Ord. #98-05; Ord. #2009-18]
The purpose of this section is to establish standards and regulations
concerning the installation, operation and maintenance of certain
alarm systems within the Township of Wantage and to reduce or eliminate
false alarms.
a.
ALARM SYSTEM - Shall mean any device employed to call attention to,
or provide warning of, intrusion by any person whether the same provides
a visual or audio response, alarm or warning. The term "alarm system"
shall not include:
1.
Concealed battery or electrically powered smoke detector or carbon
monoxide detector units located within single-family residences and
which give out an audible signal;
2.
Automobile alarm systems:
3.
An alarm designed to alert only the inhabitants of a premises that
does not have a sounding device which can be heard on the exterior
of the alarm site.
b.
CENTRAL ALARM STATION - Shall mean an alarm station that transmits
the alarm to an alarm processing center which then calls to dispatch
the police and/or the fire department.
c.
DIAL ALARM - Shall mean an alarm device using telephone or other
lines which transmits an alarm signal of intrusion to the New Jersey
State Police Department or any other third party.
d.
FALSE ALARM - Shall mean any alarm or signal activated or transmitted
by inadvertent, negligent, unintentional or intentional act or omission
of a person (caused or transmitted other than by an intruder), and
shall also include alarms caused by malfunctioning of the alarm device
or other related equipment. False alarms shall not include:
1.
Activation caused by power or phone line interruptions when such
interruptions have been reported to the New Jersey State Police:
2.
An alarm which is cancelled by the owner registrant, or agent, prior
to the time the responding police officer is dispatched to the alarm
site; and
3.
When the responding police officer finds evidence of criminal offense
or attempted criminal offense, or calamity such as fire damage by
natural elements.
e.
LOCAL ALARM - Shall mean any alarm device or local alarm located
within the Township of Wantage which when activated produces an audible
or visual signal (such as, but not limited to, burglar alarm activating
bell devices). It shall not include motor vehicle anti-theft alarms.
f.
PERSON - Shall mean any natural person, partnership, corporation,
association or other entity.
g.
REGISTRANT - Shall mean any person who owns, operates or leases an
alarm system within the scope of this chapter, who has been issued
a registration permit to operate and maintain such alarm system.
The provisions of this section shall apply to any person who owns, operates, leases, or maintains any type of alarm or alarm system as defined in subsection 4-9.2. The provisions of this section shall in no way prohibit service by a private source to persons within or without the township, so long as such operating, leasing or maintaining a premises protected by an alarm system shall be responsible for the registration in accordance with this section.
a.
Registration shall be required for each home or business within the township utilizing any type of alarm or alarm system as defined in subsection 4-9.2 on or after the effective date of this chapter. Users of systems in place on that date shall complete the required registration form within 60 days after this ordinance is adopted.
b.
A registration permit shall automatically terminate upon a change
of occupancy of the registered premises. No more than one registration
shall be required per home or business at any single location. Information
provided to the township must be kept current, and the registrant
must notify the township clerk in writing of any changes of information
listed in the registration application no later than 30 days following
the applicable change(s).
c.
Registration form. Person(s) required to register their alarm devices
shall complete and file with the municipal clerk a registration application
which may be obtained from the municipal clerk's office. A copy of
each registration form shall be filed with the New Jersey State Police
by the township clerk who shall keep the records confidential and
not open to public inspection. The registrant shall provide the following
information:
1.
The full name and address of the registrant, including a complete
physical address and property description which will permit the appropriate
response to the alarm.
2.
Name and address and telephone number of the person installing, maintaining
and/or owning the system.
3.
The name and address of the person(s) responsible for monitoring
and initially responding to an activation of an alarm device and a
phone number for such entity and/or person(s).
4.
The name, address and telephone number of the person who may be contacted
in the event of an alarm, and at least one person who is authorized
to receive notification of an alarm call and who is authorized to
enter upon the premises in which the alarm system is located.
A $10 registration fee shall be submitted with each registration
form. Registration shall be submitted within 30 days of system installation.
Failure to register shall result in a fine not to exceed $50, provided
the system is registered within 30 days of imposition of the fine.
After that period, each additional day is a separate violation.
It shall be unlawful for any person to cause, allow or activate a false alarm as defined in this section. In case of a false alarm, any person and any registrant who violates this section shall each be subject to the provisions of subsection 4-9.11. In case of a false alarm, any person having knowledge of the false alarm shall immediately notify the New Jersey State Police. The New Jersey State Police shall be responsible for enforcing this section.
Dial alarm devices may be connected to the state police by telephone or other lines as are permitted and designated by the New Jersey State Police or to other law enforcement agencies having jurisdiction or to third party providers. Dial alarms shall be registered as specified in subsections 4-9.4 and 4-9.5 of this section.
a.
The provisions of this section shall not apply to any alarm system
installed on the property owned or occupied by any township, county,
State, or Federal government agency or office, or to any alarm device
having only an indoor audible or visual/flashing system, and which
are not dial alarm devices.
b.
Alarm devices having an audible alarm installed out of doors shall be designed to limit the operation of a bell or sound producing instrument to a maximum of 20 minutes after activation. If the duration of an outside activated audible alarm exceeds 20 minutes, the warnings and penalties provided by subsection 4-9.11 of this section shall apply as though a false alarm has been activated.
The Township of Wantage is under, and assumes, no duty or obligation
to any permittee or other persons by reasons of issuance or failure
to issue any registration permit.
The township committee may from time to time promulgate rules
and regulations supplementing this section in order to provide for
record keeping and efficient management of the system.
Any person, firm, corporation or other entity who violates the
terms of this section, including but not limited to failure to initially
register or providing false registration information or other provisions
of this section, shall be subject to a fine not exceeding $1,400 provided,
however, that the following minimum and mandatory fines shall apply
to false alarms.
a.
For the first two false alarms in any twelve-month period, a warning
shall be issued.
b.
For the third false alarm within the twelve-month period, a fine
of $200 shall be paid to the Township of Wantage.
c.
For the fourth false alarm within the twelve-month period, a fine
of $300 shall be paid to the Township of Wantage.
d.
For the fifth through seventh false alarm within the twelve-month
period, a fine of $400 for each occurrence shall be paid to the Township
of Wantage.
e.
For the eighth and subsequent false alarms in any twelve-month period,
a fine not to exceed $1,400 for each occurrence shall be paid to the
Township of Wantage, which shall be accompanied by an advisory letter
(dated within 30 days following the date on which the complaint is
issued) from an alarm company stating that the system is operating
properly. Failure to provide such advisory letter will constitute
a separate offense, subject to penalty.
In the event the State police determine the registrant has failed
to take reasonable steps to avoid false alarms, the State police shall
have the right to require the alarm to be disconnected for either
a limited amount of time or permanently. However, no such disconnection
and revocation of the permit shall take place without providing the
registrant an opportunity to show cause before the municipal court
why such action should not be taken. The occurrence of three or more
false alarms in any calendar month shall raise the presumption that
the registrant is disregarding the responsibility to take reasonable
remedial steps to avoid false alarms. In the event registrant's alarm
is disconnected as the result of an action under this subsection of
the section, and in the event the registrant is allowed to reconnect
the equipment in the future, registrant shall be responsible for a
re-registration fee of $50.
[Ord. #2002-16; amended 12-28-2023 by Ord. No. 2023-15]
[Ord. No. 2002-16]
Definitions provided for in N.J.S.A. 48:16-1 shall apply to
this section.
[Ord. No. 2002-16]
No person shall operate a taxicab business based in Wantage
Township without obtaining a license as provided for in this section.
In the event a taxicab owner or operator holds a valid license issued
by another municipality or by the State of New Jersey, the owner or
operator shall be exempt from this section other than to furnish proof
of such valid license if requested by the Township of Wantage or a
law enforcement officer while performing their official duties.
[Ord. No. 2002-16]
Application for a license required by this section shall be
made to the township clerk upon forms provided by the township clerk
and shall contain the following information:
a.
The name and address of the applicant. If the applicant is a corporation,
partnership, limited liability company or other business entity, the
name and address of its registered agent.
b.
A description of the taxicab(s) sought to be licensed, including
the type of motor vehicle, the name of the manufacturer, the serial
number, license number and seating capacity.
c.
A copy of applicant's insurance certificate for all vehicles sought
to be licensed shall be attached to the application and the certificate
shall include, at a minimum, the policy number, the policy expiration
date, the vehicle(s) make and models, vehicle identification numbers
and insurance policy limit information.
[Ord. No. 2002-16]
a.
Taxicab licenses shall be numbered consecutively and shall expire annually on December 31 of the year of issuance or upon lapse of the insurance required in subsection 4-10.6, whichever occurs first. Licenses not suspended or revoked may be renewed annually, subject to all of the same conditions, provisions and charges as required for the original license. Every license shall contain the following:
b.
The township clerk shall keep a register of all licenses granted,
which register shall contain the details required by this section.
[Ord. No. 2002-16]
License fees, to cover the administrative costs associated with processing the application, are nonrefundable. License fees are as set forth in Chapter 21, Fees.
[Ord. No. 2012-16]
No license shall be issued by the township clerk unless the
applicant has filed a copy of an insurance policy with the clerk in
accordance with the requirements of N.J.S.A. 48:16-3.
[Ord. No. 2012-16]
The owner of the taxicab shall execute and deliver to the township
clerk a power of attorney, wherein and whereby the owner shall appoint
the chief fiscal officer of the municipality as his true and lawful
attorney for the purpose of acknowledging service of any process,
out of a court of competent jurisdiction, to be served against the
insured by virtue of the indemnity granted under the insurance policy
or bond filed pursuant to N.J.S.A. 48:16-3 and 48:16-4.
[Ord. No. 2012-16]
A taxicab license cannot be transferred.
[Added 12-28-2023 by Ord. No. 2023-15]
As used herein, the following terms shall have the meanings
indicated:
Includes the business of carrying passengers for hire by
taxicabs.
Includes any automobile or motor car with a carrying capacity
of not more than nine passengers, not including the driver, used in
the business of carrying passengers for hire, which is held out, announced
or advertised to operate or run or which is operated or run over any
of the streets or public highways of this state and which is hired
by charter or for a particular contract or by the day or hour or other
fixed period or to transport passengers to a specified place or places
or which charges a fare or price agreed upon in advance between the
operator and the passenger. Nothing in this definition shall be construed
to include taxicabs, hotel buses or buses employed solely in transporting
school children or teachers or autobuses which are subject to the
jurisdiction of the Board of Public Utilities or interstate autobuses
required by federal or state law or rules of the Board of Public Utilities
to carry insurance against loss from liability imposed by law on account
of bodily injury or death.
Includes any individual, proprietorship, partnership or any
form of corporate entity if the Township Clerk has issued to such
person a certificate of compliance in accordance with N.J.S.A. 48:16-17.
[Added 12-28-2023 by Ord. No. 2023-15]
[Added 12-28-2023 by Ord. No. 2023-15]
Any person who intends to operate a limousine or livery service
in the Township of Wantage shall, prior to commencing operation, notify
the Township Clerk by filing an application in the form required by
the Township Clerk. Notification shall include the make, model, year
and license plate number for all vehicles used in the operation of
the limousine or livery service. Any person who intends to operate
a limousine or livery service in the Township of Wantage shall, prior
to commencing operation, submit a fee of $50 to the Township Clerk.
This section shall not apply to any person operating a limousine or
livery service on the effective date of this section.
[Added 12-28-2023 by Ord. No. 2023-15]
Any person who operates a limousine or livery service in the Township of Wantage shall annually notify the Township Clerk of the make, model, year and license plate number for all vehicles used in the operation of the limousine or livery service. Such notification shall be given, in writing, on or before January 15 of each year and shall be accompanied by a fee of $50, which is in addition to the initial fee paid by new operators as set forth in § 4-10.13.
[Added 12-28-2023 by Ord. No. 2023-15]
Any person who operates a limousine or livery service in the
Township of Wantage shall notify the Township Clerk of the name, address
and driver's license number of every driver employed by the limousine
or livery service, on or before January 15 of each year. This requirement
shall also apply to any drivers hired after January 15 and who are
employed for at least 30 days, following the 30th day of employment
of the driver. All applicants must submit a letter of clearance issued
by the New Jersey Motor Vehicle Commission or other applicable authority
as proof of having satisfactorily complied with the fingerprint requirement
as established by N.J.S.A. 48:16-22.3a.
[Added 12-28-2023 by Ord. No. 2023-15]
A separate license application shall be filed and a separate
license fee shall be paid for each vehicle operated by the person
who operates a limousine or livery service in the Township of Wantage.
The Applicant shall pay to the Township of Wantage a non-refundable
license fee of $50 per vehicle which shall be due on or before January
15th of each year.
[Added 12-28-2023 by Ord. No. 2023-15]
Except for limousines registered in other states pursuant to
N.J.S.A. 48:16-22.4, no limousine shall be operated wholly or partly
along any street in the Township of Wantage until the owner of the
limousine shall have filed with the Clerk of the municipality in which
the owner has his, her or its principal place of business an insurance
policy of a company duly licensed to transact business under the insurance
laws of New Jersey in the sum of $1,500,000 against loss by reason
of the liability imposed by law upon every limousine owner for damages
on account of bodily injury or death suffered by any person as a result
of any accident occurring by reason of the ownership, maintenance
or use of the limousine upon any public street. Such operation shall
be permitted only so long as the insurance policy shall remain in
force to the full and collectible amount of $1,500,000. The insurance
policy shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance and use of
such limousine or any fault in respect thereto, and shall be for the
benefit of every person suffering loss, damage, injury aforesaid.
[Added 12-28-2023 by Ord. No. 2023-15]
This section shall not be construed to limit or restrict the
obligations of limousine and livery services to submit an insurance
policy and power of attorney to the Township Clerk as required by
N.J.S.A. 48:16-13 et seq.
[Added 12-28-2023 by Ord. No. 2023-15]
No limousine shall be operated on the highways of the State
of New Jersey unless it has a license issued pursuant to N.J.S.A.
48:16-17 and a limousine is equipped in accordance with the minimum
standards established by the director of the Division of Motor Vehicles
and the Department of Transportation with:
a.
A two-way communication system, which, at a minimum, shall provide
for communication to a person outside the vehicle for a distance of
not less than 100 miles and which requirement may be satisfied by
a mobile telephone;
b.
A removable first aid kit and operable fire extinguisher, which shall
be placed in an accessible place within the vehicle;
c.
Sideboards attached to the permanent body construction of the vehicle
if the height of the vehicle floor is 10 inches or more above ground
level or an appropriate stepping stool or box to assist passengers
in entering/exiting the vehicle.
[Added 12-28-2023 by Ord. No. 2023-15]
Any owner, operator or driver shall comply with N.J.S.A. 48:16-13
et. seq. and any regulation enacted therefrom.
[Added 12-28-2023 by Ord. No. 2023-15]
This section shall apply only to those persons owning or operating
a limousine or livery service in the Township of Wantage.
[Added 12-28-2023 by Ord. No. 2023-15]
Any person, firm or corporation who violates any provision of
this section shall, upon conviction thereof, be punishable by one
or more of the following: by imprisonment for a term not exceeding
90 days or by a fine not exceeding $1,000 or by a period of community
service not exceeding 90 days.
[Ord. No. 2013-03]
No person, firm or corporation shall maintain, operate or possess,
in any store, building or other place wherein the public is invited
or where the public may enter, or any building or other place wherein
any club or organization meetings are held, within the Township of
Wantage, any amusement games or machines of games of skill or chance,
without first obtaining a license therefor.
[Ord. No. 2013-03]
The annual license fee shall be $200 per application, with each
application covering up to 50 games, payable in advance for the calendar
year in which the license is issued.
[Ord. No. 2013-03]
The township clerk shall cause to be prepared the necessary
form of application for license to maintain such games or machines
of skill or chance. The application shall state the name and address
of applicant or, if applicant is a corporation, the names of the officers
and directors and the address of the corporation; the exact location
where the game or machine is to be installed; the kind of game or
machine; whether or not the applicant has been convicted of a crime
or violation of any federal, state or local laws; and such other information
as the township committee shall deem necessary and proper. A separate
application shall be required for each game or machine. The license
fee shall accompany each application, and if the application is denied,
the fee shall be returned to the applicant.
[Ord. No. 2013-03]
The proprietor of the premises where the game or machine is
to be installed shall be the applicant for the license, and the proprietor
must sign the application. If applicant is a corporation, the application
shall be signed by the president and secretary. Upon receipt of the
application, the township clerk shall refer the same to the township
construction department and fire prevention bureau, both of whom shall
make or cause to be made inspections of the premises described in
the application. Both parties, upon completion of the inspections,
shall attach to the application their reports, in writing, and shall
state their approval or disapproval and the reasons therefor. Upon
receipt of the application and attached inspections reports, the township
committee shall proceed to consider the application and shall approve
or disapprove the issuance of a license. If the application is approved,
the township committee shall authorize the township clerk to issue
the license.
[Ord. No. 2013-03]
At any time after the granting of the license, the township
committee may, in the exercise of its discretion, revoke same for
any willful false statement in the application. The license may be
revoked in the event the licensee is convicted of any violation of
this section.
[Ord. No. 2013-03]
Nothing herein contained shall prohibit the holder of a license
for games or machines from substituting a game or machine at the location
set forth in the license, but at no time shall more than one game
or machine be operated under one license.
[Ord. No. 2013-03]
Every such license shall apply only to the applicant to whom
it is issued and for the premises stated in the application and license.
The license shall not be transferred to another person unless the
township committee approves the transfer in writing. The license shall
not apply if the licensed game or machine is moved to another premises
unless the township committee approves the movement in writing.
[Ord. No. 2013-03]
No more than 50 amusement games or machines of the type herein
regulated shall be permitted to be used in any one place, location
or premises.
[Ord. No. 2013-03]
Said license, when granted, shall be affixed in a conspicuous
place to the game or machine for which it was issued and shall show
the name and post office address of the licensee, the address where
the device is installed or maintained and the amount required to operate
the device and shall state that the device to which the license is
affixed is licensed by the Township of Wantage.
[Ord. No. 2013-03]
No licensee shall permit any mechanical amusement game, such
as blackjack or other such gambling amusement device, to be operated
on the premises except as otherwise provided by law.
[Ord. No. 2013-03]
Any person violating any of the provisions of this section,
upon conviction thereof, shall be penalized by a fine in any sum not
exceeding $2,000 or may be imposed in the township or county jail
for a term of not exceeding 90 days, or both, in the discretion of
the magistrate before whom such conviction is had. Any corporation
violating any of the provisions of this section shall, upon conviction
thereof, pay a fine not exceeding $2,000, which may be recovered and
collection in the manner provided by law.
