[Ord. No. 2016-27; amended 5-24-2023 by Ord. No. 23-18]
A.
All owners of businesses that are located within the Borough shall
maintain liability insurance for negligent acts and omissions in an
amount of no less than $500,000 for combined property damage and bodily
injury to or death of one or more persons in any accident or occurrence,
pursuant to N.J.S.A. 40A:10A-1(a).
B.
All owners of businesses that are located within the Borough shall
annually register a certificate of insurance with the Borough Clerk,
demonstrating compliance with N.J.S.A. 40A:10A-1(a), pursuant to N.J.S.A.
40A:10A-2.
Each annual registration of a certificate of insurance for each
business shall be $25. Noncompliance with the registration of the
certificate of insurance shall result in a fine against the owner
of $500.
C.
As a condition for the issuance or renewal of any license or permit
issued by or requiring approval of the Borough, the owner of any real
property for which the license or permit is to be located, shall be
current on all property taxes and assessments on the property where
the license or permitted activity or business is or will be conducted.
In such cases where a property affected by the licensed or permitted
activity by the property owner is delinquent on property taxes or
assessments for at least three consecutive quarters, a license or
permit may be revoked or suspended by resolution of the Borough Council.
When the delinquency is cured, the license or permit shall be restored
by resolution of the Borough Council.
The provisions of this subsection shall not apply to alcoholic
beverage licenses or permits issued pursuant to N.J.S.A. 33:1-1 et
seq.
[1983 Code § 57-1]
As used in this section:
The approved console or annunciator control panel installed
in the Police Department headquarters, pursuant to the provisions
of this section, for the purpose of giving visual or audible response
to an alarm system.
Any mechanism designed to actuate the alarm console.
The installation in one or more buildings of one or more
alarm devices or local alarms for the purpose of giving visual or
audible warning, or both, of an emergency such as illegal entry or
intrusion, fire, smoke, flood or like perils.
An alarm device that employs an automatic dialing system
precoded to connect with a telephone in the police headquarters.
The actuation of an alarm system by causes other than those
to which the alarm system was designed or intended to respond.
The person to whom a license to install, operate and maintain
the alarm console, pursuant to the provisions of this section, has
been issued.
Any mechanism that constitutes, in whole or in part, an alarm
system which is not connected with and is not designed to actuate
the alarm console.
Any person in possession of premises in or upon which an
alarm system exists.
A person holding a permit to install, operate or maintain
an alarm system.
[1983 Code § 57-2]
A.
There shall be installed, operated and maintained an alarm console
at such place in the Borough of Pompton Lakes police headquarters
as the Chief of Police shall designate.
B.
Said alarm console shall be of such design, capacity, size, power,
utility, efficiency and quality as the Chief of Police shall specify.
C.
Said alarm console shall be furnished, installed, operated, maintained
and kept in good working order exclusively and by and at the sole
cost and expense of the licensee.
D.
The licensee shall, in consideration of said exclusive license, compensate the Borough of Pompton Lakes by making payment of an annual license fee in the amounts specified in Subsection 5-2.4C and by permitting the connection to the alarm console of alarm systems now or hereafter installed in any public building owned or leased by the Borough of Pompton Lakes or the Board of Education of the Borough of Pompton Lakes without payment of any connection fee or monthly service charge.
E.
The licensee's obligation to maintain and operate the alarm console
shall continue until the expiration date of the license or earlier
termination, at which time the licensee shall cooperate in the transfer
of the operation to the successor licensee to ensure that there shall
be no interruption in the protection of the subscribers.
[1983 Code § 57-3]
A.
Immediately upon the adoption of this section, written specifications
shall be prepared under the direction of the Chief of Police for the
design, installation, operation and maintenance of the alarm console.
B.
The Municipal Clerk shall cause to be published an advertisement
inviting sealed proposals for the installation, operation and maintenance
of the alarm console in accordance with the provisions of this section
and of the said specifications.
C.
The contract and license will be awarded to the responsible bidder
whose bid is complete and who proposes to levy the least amount of
monthly service charge to the permittees.
D.
The contract shall provide that the licensee shall remit, as that portion of the compensation referred to in Subsection 5-2.2D, to the Borough of Pompton Lakes annually not later than 90 days next following the close of the licensee's fiscal year, the equivalent of 15% of the gross revenues payable to the licensee by the permittees for connection of an alarm system to the alarm console, inclusive of amounts, if any, payable by the licensee for business conducted by it as a permittee. The contract shall further provide that the books and accounts of the licensee shall be open to audit and inspection by the Borough Auditor or other duly designated representative of the Borough for the purpose of verifying the amount due the Borough under the provisions of this section.
E.
The term of the license shall be for a period of five years, subject,
however, to earlier termination on 30 days' written notice by the
Borough in the event of default by the licensee.
F.
The licensee shall assume all liability and shall agree to indemnify
and save harmless the Borough of Pompton Lakes, its officers, agents
and employees for or on account of any acts or omissions directly
or indirectly related to the installation, operation or maintenance
of the alarm console and shall provide the Borough of Pompton Lakes
with a certificate of insurance in the amount specified in the specifications.
[1983 Code § 57-4]
A.
Every person desiring to connect an alarm system that employs an
alarm device to the alarm console shall make application to the Chief
of Police for a permit to do so. The application shall be in such
form as the Chief of Police shall prescribe and shall set forth all
of the information required by the Chief of Police to enable him to
determine whether or not the applicant's alarm system can effectively
be connected to the alarm console.
B.
Every applicant in making said application shall be deemed to have
agreed to the payment of the connection fee and continued payment
of the service charge, monthly, in advance, as a condition for continued
connection with the alarm console, and the applicant shall be further
deemed to have agreed to indemnify and save harmless the Borough of
Pompton Lakes, its officers, employees and agents for or on account
of any act or omission directly or indirectly related to the installation,
operation or maintenance of the alarm console and the connection of
the applicant's alarm system thereto.
C.
Each application shall be accompanied by the connection fee established
by the licensee not in excess of $50 and the first month's service
charge due the licensee.
D.
Upon compliance by the applicant with all the provisions of this
section, the Chief of Police shall issue to the applicant a permit
for the connection applied for by the applicant who may thereafter
connect such permittee's approved alarm system to the alarm console.
Said permit shall continue in force until revoked as hereinafter provided.
E.
To the extent that any licensee shall also engage in the business
of a permittee, as defined in this section, the licensee shall be
obligated to pay the same monthly service charge as other permittees.
F.
If any permittee shall fail, neglect or refuse to comply with the
permittee's obligation to pay the monthly service charge to the licensee
and shall remain in such default for 30 days or shall otherwise violate
the terms and conditions of this section, the Police Chief is authorized,
on five days' notice to such permittee and to the permittee's subscriber,
to disconnect the permittee's alarm system from the alarm console,
and said permittee's permit shall be revoked. In such event, the alarm
system shall not be reconnected except upon payment of all arrearages
as well as a new connection fee. Any permittee after receipt of said
notice may, within said five days' period, request a hearing of the
Chief of Police, who shall thereupon properly schedule a hearing,
and the permittee may present such evidence as he may desire. If after
such hearing the Chief of Police shall determine that no violation
has occurred, he shall promptly reissue the permit and permit the
permittee to reconnect to the alarm console without payment of the
connection fee. The Chief of Police may further grant a stay of the
notice to disconnect if the stay would not be detrimental to the efficient
management of the alarm console and public safety services of the
Borough of Pompton Lakes.
G.
Every permittee shall, by acceptance of the permit, be deemed to
have consented to inspection of the premises on which said alarm devices
are installed at reasonable hours by the Chief of Police or his designated
representative.
H.
Any unauthorized equipment may be disconnected by the Chief of Police
or his designated representative for noncompliance with this section,
and any person installing or maintaining unauthorized equipment may
be prosecuted for violation of this section.
I.
The licensee shall collect and pay the connection fee when due and
the monthly service charge and shall not be relieved of its obligation
to pay the same by reason of failure on the part of the permittee
to pay the same.
[1983 Code § 57-5]
A.
No dial alarm shall be permitted unless it shall first have been:
B.
All dial alarms shall be coded to dial a special separate number
which shall be provided by the Chief of Police. No dial alarm shall
be coded to dial the number of the general police switchboard of the
Borough of Pompton Lakes.
C.
All dial alarms shall be coded as well to notify a third party who
shall be named in the registration required by this section.
D.
All dial alarms shall be capable of being disconnected by the owner
to permit a call to the police switchboard in the event that a false
alarm occurs.
E.
The owner of each dial alarm system shall pay to the Borough of Pompton
Lakes an annual fee of $25 to cover the cost of registration and testing
and to amortize the cost of the special telephone line or lines required
in police headquarters along with ancillary tape devices necessitated
by these systems.
F.
Owners of dial alarms shall be governed by the false alarm procedures
and penalties set forth in this section.
G.
If any person has a dial alarm in existence at the time of the passage
of this section, he shall have 30 days within which to reprogram the
equipment to comply with the terms of this section and within which
to pay the annual fee. Any person failing to comply herewith shall
be in violation of this section.
H.
If any dial alarm shall hereafter be found to be dialing the general
police headquarters number rather than the special telephone number
reserved for dial alarms, the occupant of the building or other person
in whose name the telephone is listed shall be sent a notice, in writing,
by the Chief of Police requiring compliance with the terms of this
section. If the occupant or telephone subscriber shall fail within
30 days after receipt of said notice to comply, he shall be in violation
of this section.
I.
The contents of any recorded message from a dial alarm must be intelligible
and in a format approved by the Chief of Police. No such message shall
be transmitted more than three times as a result of a single stimulus
of the mechanism. Messages shall not exceed 15 seconds and the time
gap between delivery shall be approximately 10 seconds.
J.
The sensory mechanism of dial alarms shall be adjusted so as to suppress
false indications and not to be actuated by impulse due to pressure
changes in water pipes, short flashes of light, wind, noises, rattling
or vibration of doors or windows or other forces unrelated to general
alarms.
K.
All components of dial alarms shall be maintained by the owner in
good repair. When evidence exists that there has been failure to comply
with the operational requirements of this section, the Chief of Police
is then authorized to demand that such device be disconnected until
such time as compliance with such requirements is reestablished.
[1983 Code § 57-6]
A.
No person shall install, operate or maintain any alarm system unless
the alarm system has been registered with the Chief of Police as follows:
1.
The alarm system of each permittee shall be deemed registered at
such time as the permit therefor is issued.
2.
An alarm system employing the dial alarm shall be deemed registered
when the annual dial alarm fee is remitted to the Borough and the
system has been approved by the Chief of Police.
3.
A local alarm system shall be deemed registered when the occupant
of the building in which it is installed shall have filed with the
Chief of Police a registration form which shall include, among other
data, the location of the device, the name of the installer of said
device, the type of device, provisions relating to false alarms and
testing procedures, a list of persons to be contacted in the event
of an alarm and other information as may be required by the Chief.
B.
No further or renewed registration shall be required unless and until
there has occurred any material change in the information previously
submitted with respect to any alarm system. It shall be the duty of
the occupant of a building served by an alarm system within 10 days
after a change in information previously submitted to the Borough
shall have occurred to file a supplemental or revised registration
containing accurate current information with respect to the data required
by the registration form.
C.
No charge shall be made for the filing of any registration or any
amended, revised or supplemental registration.
[1983 Code § 57-7; Ord. No. 2017-16]
A.
The licensee and each permittee shall be responsible on a twenty-four-hour-per-day
basis for service to equipment owned by the licensee and the permittee.
Such service shall be provided within the eight-hour period next following
notification by the Police Department of any malfunctioning of equipment.
B.
In the event of a malfunction, which shall include the intentional
silencing of an alarm system, the following penalties shall be assessed.
C.
Summonses for enforcement of violations of this section may be issued
by the Police Department, Fire Department personnel, Fire Official
or such other Borough employee as may be designated by the Borough
Administrator.
[1983 Code § 57-8]
Whenever, under the provisions of this section, the Chief of
Police or any authorized representative he may have designated is
empowered to make a decision with respect to the installation, operation
and maintenance of any alarm equipment or with respect to the issuance
or denial of any application relating thereto, any person aggrieved
by said decision may, within 10 days following said decision, file
a written appeal therefrom with the Municipal Clerk and with the Chief
of Police; whereupon the Borough Council shall promptly conduct a
hearing and affirm, modify or reverse the decision appealed from.
[1983 Code § 57-9]
In addition to the revocation of the license or permit of any person who fails to comply with the provisions of this section, upon conviction, such person shall be liable to the penalty in Chapter 1, § 1-5, of the Borough Code. Each and every day the violation continues to exist shall be deemed a separate violation.
[1983 Code § 61-1]
As used in this section:
Any coin-operated machine or device which, whether mechanical,
electrical or electronic, shall be ready for play by the insertion
of a coin or coin substitute or is activated by the payment of money
and may be operated by the public for use as a game, entertainment
or amusement. It shall include devices such as marble machines, skill
ball, pinball, mechanical grab machines, machines or contrivances
commonly known as bagatelle, basketball, hockey, football, pool table,
target shooting or any similar device or any device which utilizes
an electron (television tube) to reproduce symbolic figures and lines
intended to be representative of real games or activities and includes
video-type games or machines or similar devices that use a display
screen.
An organization, corporation or association consisting of
five or more persons operating solely for benevolent, charitable,
fraternal, social, religious, recreational, athletic or similar purposes
and not for private gain.
Any individual, partnership, corporation or unincorporated
association. In the case of persons other than individuals, the individual
member, officer, stockholder or partner who signs the application
shall be deemed individually responsible for compliance with the provisions
of this section in addition to the person in whose name the application
is made.
[1983 Code § 61-2]
The purpose of this section is to establish a license fee for
the raising of revenue on certain games of amusement as herein defined
or designated and to provide for the control and regulation of the
use and maintenance of certain amusement devices or machines.
[1983 Code § 61-3]
No person shall display, place, maintain or keep for operation
any amusement machine on or within any public or quasi-public place,
or in any building, store or other place where the public is invited
or wherein the public may enter, without first obtaining a license
and paying the license fee for each machine as hereinafter provided.
[1983 Code § 61-4]
A.
Any person desiring to obtain a license as required by this section
shall first procure an application form therefor from the Municipal
Clerk.
B.
Such form shall require the following information to be stated thereon:
1.
Name and signature of the applicant.
2.
Residence of the applicant.
3.
Name and nature of the business conducted by the applicant on the
premises for which the license is sought.
4.
Address of the premises where the machine will be in use.
5.
Name and nature of the machine.
6.
Manufacturer's serial number of the machine or the description of
such machine if it has no serial number.
7.
The number of machines located on the premises.
8.
Name and address of the person owning said machine.
C.
All statements by the applicant shall be made under oath.
[1983 Code § 61-5]
Every application for a license under the provisions of this
section, when complete, shall be delivered to the Chief of Police
of the Borough who shall, within a period of one week of receipt thereof
by him, cause investigation to be made to verify the information as
stated in the application and to determine that the persons whose
names are required to be disclosed on the application are persons
capable of owning, controlling and/or operating amusement machines
within the Borough of Pompton Lakes in a manner consistent with public
safety, morals and general welfare of the community and that those
persons whose names are required to be disclosed on the license application
can reasonably be expected to own, control, manage or operate the
proposed business in accordance with all applicable laws, ordinances,
rules and regulations and free from any gambling, illegal or immoral
activity. The Chief of Police shall thereafter forthwith transmit
such an investigation to the Municipal Clerk.
[1983 Code § 61-6]
A.
No license provided for in this section shall be transferable either
from person to person or from place to place.
B.
Upon substitution of any machine for the machine so licensed, the
applicant shall, within 24 hours thereafter, furnish the Municipal
Clerk with the serial number and description of the machine so substituted
and the name and address of the owner thereof, and said Municipal
Clerk shall issue a transfer license for the substituted machine upon
the payment by the applicant of a transfer fee in the amount of $10.
The transfer license shall be attached to the original license issued.
C.
Unlimited substitution of amusement machines:
1.
In lieu of the provisions of Subsection B above, any person may obtain a license to permit an unlimited number of substitutions of amusement machines during any calendar year. Application for said license shall be made to the Municipal Clerk upon a form provided by the Municipal Clerk. Said form shall require the following information:
2.
Said license shall be issued by the Municipal Clerk upon payment of a fee of $350 for each 10 machines or a lesser number thereof. Said fee shall be in addition to the initial license fee for each machine provided for in Subsection 5-3.10A.
3.
All unlimited substitution licenses shall be issued on forms provided
by the Municipal Clerk and shall contain the name and signature and
residence of the licensee, the address of the premises where the amusement
machines will be in use, the date of issuance of the license, the
number of machines covered by the license, the date of expiration
of the license, the fee paid and the signature of the Municipal Clerk.
4.
Upon issuance of the license, the Municipal Clerk shall immediately
notify the Chief of Police of the issuance of the license and the
information contained in the application and the license.
5.
The licensee shall maintain a separate, permanently bound book in
which there shall be recorded the name and the nature of the original
licensed amusement machine, the license number of said machine, the
name and address of the owner, the manufacturer's serial number of
the substitute machine or the description of such machine if it has
no serial number, the name and nature of the substitute machine, the
name and address of the owner of said substitute machine and the date
of substitution.
6.
The licensee shall report to the Chief of Police in writing on or
before the first day of March, the first day of June, the first day
of September and the first day of December of each calendar year the
information recorded in the book maintained pursuant to Subsection
C5 above, in writing containing the information with respect to each
licensed machine required to be set forth in the substitute machine
book.
7.
The substitute machine book shall be maintained at the premises where
the amusement machines are in use and shall be available for inspection
during business hours by any member of the Police Department.
[1983 Code § 61-7]
All licenses issued hereunder shall cover only one machine and shall be issued on forms provided by the Municipal Clerk and shall contain the name, signature and residence of the licensee, address of the premises for which the license is granted, name of the machine licensed, serial number of the machine, date of issuance of the license, date of expiration of same, the amount of the fee paid therefor and the signature of the Municipal Clerk. Upon issuance of the license, the Municipal Clerk shall notify the Chief of Police, who shall thereupon issue an identification number for the machine so licensed and provide for the affixing of a nonremovable tag to the machine indicating the identification number issued. No more than 10 licenses shall be issued for any one location or premises where the machines are permitted as an accessory use by the Zoning Ordinance, codified in Chapter 190, Zoning and Land Use.[1]
[1983 Code § 61-8]
Every person holding a license issued under the provisions of
this section shall be required to display the licensed machine in
a conspicuous place in the place of business of the licensee, and
every license or transfer license thereto attached shall likewise
be required to be displayed in a conspicuous place in the place of
business of the licensee in close proximity to the machine for which
the license or transfer license was issued. Each machine shall have
a separate license.
[1983 Code § 61-9]
Any license issued under the provisions of this section or any
other municipal ordinance or state or federal law, rule or regulation,
or for falsification on the application of said license, and upon
the filing with the Municipal Clerk of charges alleging such violation,
pending such hearing and final determination by the Mayor and Borough
Council, the Chief of Police shall take said license into his physical
possession and shall retain the same in his office until the further
order of the Mayor and Borough Council. The issuance of a license
shall not be construed to be a certification that the machine may
be used in the premises for which the machine is licensed or that
the machine or the premises are in compliance with any other applicable
law, ordinances or regulations regulating the use of said machines
or premises.
[1983 Code § 61-10]
A.
The license fee for any license to be issued under the provisions
of this section is $60 for one year. Every license shall expire on
the last day of the year in which it was issued.
B.
No fee shall be required of any bona fide club, as heretofore defined,
if it shall have been in active operation in the Borough of Pompton
Lakes for at least three years continuously immediately prior to the
submission of said application and shall have been in exclusive, continuous
possession and use of a clubhouse or club quarters for the same period
of time, provided further that nothing in this subsection shall prevent
the issuance of a license without any charge therefor to any constituent
unit chartered or otherwise duly enfranchised chapter of a member
club of a national or state order, organization or association, which
order, organization or association shall have been in active operation
in the State of New Jersey for at least three years continuously immediately
prior to the submission of said application, which unit, chapter or
member club shall have been duly credentialed by said national or
state order, organization or association.
[1983 Code § 61-11]
A.
No licensee or other person shall offer any prize, free games or
other reward to any person playing any machine required to be licensed
by the provisions of this section, nor shall any licensee permit said
machine to be used for any gambling purposes whatsoever.
B.
No machine or device covered by this section shall be located within
premises distant less than 500 feet of any church or school.
C.
No amusement machine shall be located in any part of any premises
which is not visible or open to the general public.
D.
No person shall possess and/or store any amusement machine which
is operated as a thing-of-value gambling device such as but not limited
to joker poker, dice, keno, horse racing, roulette, playing cards,
lotto or lottery-type amusement machine or any other such type of
machine readily capable of being converted by the internal technology
thereof to any gambling device. The amusement machines in question
need not be operational in order for a violation of this section to
occur.
[1983 Code § 61-12]
B.
Any person who is convicted of violating any provision of this section
within one year of a previous violation of the same offense and was
fined for a previous violation shall be sentenced to a fine as a repeat
offender which shall not exceed the maximum fine for violation of
the offense but shall be calculated separately from the fine imposed
by the violation.
C.
If a Police Officer of the Pompton Lakes Police Department shall
have probable cause to believe that any amusement machine is unlicensed
or improperly licensed or is being used for gambling, such amusement
machine may be seized and removed from the premises by the Police
Department or its authorized personnel and impounded and may be considered
as contraband by law. Such amusement machine shall not be released
until proper ownership and/or licensing fees are paid and properly
presented together with a removal and storage charge of $250 per machine
seized. If reasonably possible, those persons removing the amusement
machine shall provide the person in charge of the machine with a report
to be filed with the Police Department, noting any obvious damage
to the property. Thereafter, any person aggrieved may demand, in writing,
a hearing, which writing shall be addressed to the Municipal Clerk
and a hearing shall be scheduled by the Mayor and Borough Council.
[1983 Code § 96-1]
It shall be unlawful in the Borough of Pompton Lakes to conduct
a bowling alley, billiard room, poolroom or combination thereof or
such other places where the business of bowling or playing billiards
or pool is conducted for gain, reward or profit without first having
obtained a license for that purpose in accordance with the provisions
of this section.
[1983 Code § 96-2]
A.
An application for such license issuable under this section shall
be made to the Municipal Clerk in writing, signed by the person or
persons, society, club, corporation or association intending to conduct
such place of business, and said writing shall specify the location
of the premises; the approximate size and the type and nature of the
building and the structure thereon; the nature of the business to
be conducted therein; the name, residence, age and occupation of the
applicant; the number of alleys, coin-operated billiard or pool tables
as well as non-coin-operated billiard and pool tables to be licensed;
and such other information and data which by the rules and regulations
of the governing body shall be considered pertinent. Applicants shall
furnish two inches by two inches photographs of the principal owners
and/or operators of the business in question. In addition, the applicant
shall agree, in writing, to conform his business hours to those set
forth in this section.
B.
All applications shall be submitted to the Chief of Police for his
inspection and investigation, and he shall report thereon, in writing,
to the Municipal Clerk. The application shall also be submitted to
the Fire Official for his inspection of the premises and investigation,
and he shall report thereon, in writing, to the Municipal Clerk.
C.
The application shall also be submitted to the Health Officer, who
shall investigate and who shall report thereon, in writing, to the
Municipal Clerk.
D.
The Chief of Police, Fire Official and Health Officer shall respectively
satisfy themselves as to the moral and public-safety hazard, the sanitary
requirements and conditions and the fire hazards involved and shall
make report thereon, together with their approval or disapproval,
within 10 days after the application has been submitted to them.
E.
Upon return of said application to the Municipal Clerk by the Police
Chief, Fire Official and Health Officer, the Municipal Clerk shall
then refer the application for license to the governing body of the
Borough of Pompton Lakes for consideration and determination.
F.
Upon favorable action of the governing body, the license herein provided
shall be issued to the licensee.
[1983 Code § 96-3]
A.
The term of each license issued hereunder shall run from January
1 and expire December 31 following the issuance thereof.
B.
Any license issued after August 1 of any year shall require payment
of 1/2 of the full license fee for the year, and such license shall
expire on December 31 after its issuance.
C.
Each license issued shall apply only to the person, firm or corporation
specified therein and shall not be transferable to any other firm
or corporation or to any other place or location other than that shown
or set forth in said license.
[1983 Code § 96-4]
The license herein provided for shall be posted and displayed
in a conspicuous place in the bowling alley, billiard room, poolroom
or such other place where the business of bowling or playing billiards
or pool is conducted under such license.
[1983 Code § 96-5]
A.
The annual fee payable for licenses to be issued under this section
shall be:
1.
The sum of $60 for each pool or billiard table (including coin-operated
pool or billiard tables) on the premises.
2.
The sum of $120 for any establishment having two or more pool or
billiard tables (including coin-operated pool and billiard tables),
plus the sum of $20 for each additional table over two on the premises.
3.
The sum of $20 for each bowling lane on the premises.
B.
The aforesaid fees shall be paid to the Municipal Clerk of the Borough
at the time the application for or renewal of the license is submitted.
In the event that the license is refused or not issued, then the aforesaid
license fees shall be refunded, except $10, which shall be retained
to defray the expenses and costs of inspections and investigations.
[1983 Code § 96-6]
No license to operate or conduct a bowling alley, billiard room,
poolroom or combination thereof or such other place where the business
of bowling or playing billiards or pool is conducted shall be issued:
A.
To any minor.
B.
To any person convicted of crime or violation of any state law or
municipal ordinance involving gambling or moral turpitude.
C.
Unless the applicant is found to be of good moral character and the
particular application will not work to the detriment of the health
or welfare of the Borough of Pompton Lakes or the residents thereof.
[1983 Code § 96-7]
A.
No persons operating or having control of any billiard or pool table
for profit or who has the control of any such room or rooms wherein
is kept, used or operated for profit any billiard or pool table of
any kind whatsoever shall permit or allow any minor under the age
of 15, unless accompanied by an adult relative over the age of 18
or person standing in loco parentis, to play thereon or to use any
such table, or to be, remain in or frequent or loiter in any such
room, nor shall any person known to have been convicted of a crime
or violation of a state law or municipal ordinance involving gambling
be permitted to use any such table or to remain in or frequent such
room.
[1983 Code § 96-8]
A.
No new license shall hereafter be issued to conduct the business
of a bowling alley, billiard room or poolroom within 200 feet of the
property line of a school, library or church.
B.
No renewal of an existing and currently active license to conduct
the business of a bowling alley, billiard room or poolroom shall be
denied solely for the reason that such establishment is located within
200 feet of the property line of a school, library or church except
in such case where the school, library or church has located to the
same location as the business of a bowling alley, billiard room or
poolroom since the last date of license issue to the bowling alley,
billiard room or poolroom.
[1983 Code § 96-9]
This section shall not apply to any duly authorized church or
to any bona fide veterans, charitable, educational, religious, civic
or fraternal organizations; provided, however, that such organizations
are organized on a nonpecuniary profit basis and do not have a plenary
retail consumption license issued by any Alcoholic Beverage Control
Board.
[1983 Code § 96-10]
Every licensed premises subject to the provisions of this section
shall provide off-street parking space accommodating not less than
two automobiles for each pool table, billiard table or bowling alley
on the premises.
[1983 Code § 96-11]
Every licensed poolroom, billiard room or bowling alley or combination
thereof shall be established to admit a view of the interior thereof
from the entrance to licensed premises; provided, however, that a
curtain or other means of screening may be used on windows or doors
of the premises to a height of five feet from the exterior sidewalk
level of said premises; provided, however, that said screening shall
not obstruct or prevent the view or examination of the interior of
the premises by a Police Officer or any inspection by any other officer
of the law.
[1983 Code § 96-12]
A.
The owner or operator of every billiard room, poolroom, bowling alley
or such other place as may exist wherein billiards or pool or bowling
is licensed hereunder shall not use or permit the use of the billiard
or pool tables or bowling alleys for any purpose except during the
hours of 10:00 a.m. on each and every day of the week until 2:00 a.m.
on the following morning. In no event shall such tables or alleys
be used between the hours of 2:00 a.m. and 10:00 a.m.
B.
The hours herein mentioned refer to standard time or daylight saving
time, whichever time shall then be in effect and shall apply thereto.
[1983 Code § 96-13]
A.
A complaint may be filed by any interested citizen or by a member
of the Police or Fire Department of the Borough of Pompton Lakes,
if said complainant shall have reason to believe that a violation
of this section exists in any premises licensed in accordance with
this section.
B.
The license issued hereunder may be suspended or revoked by the governing
body upon a hearing to be held after notice to the licensee.
[1983 Code § 96-14]
[Ord. No. 11-19]
No person or other entity shall place or cause to be placed,
use or employ a donation clothing bin, for solicitation purposes,
within the Borough of Pompton Lakes, except as set forth in this provision
of the Borough Code.
A.
The person or entity shall obtain a permit (or renewal permit), valid
through December 31st of the year in which issued, from the Planning/Zoning
Department of the Borough in accordance with the following.
1.
The permit request shall include:
a.
The location where the bin would be situated as precisely as possible.
b.
The manner in which the person or entity anticipates any clothing
or other donations collected would be used, sold or dispersed and
the method by which the proceeds of such collections would be spent.
c.
The name, location and telephone number of any person or entity,
set forth in this provision, which may share or profit from any clothing
or other donations collected.
d.
Written consent from the property owner to place the bin on the subject
property location.
2.
The Borough shall not grant a permit to place, use or employ a donation
clothing bin if the Borough determines that the placement could, in
the sole discretion of the Borough, constitute a safety hazard. Such
hazards shall include, but not be limited to, the placement of bins
within 100 yards of any facility which stores large amounts of, or
sells, fuel or other flammable liquids or gasses.
3.
The fee for the permit application shall be $25 per bin.
4.
An expiring permit may be renewed upon application for renewal and
payment of a renewal fee of $25 per bin. A renewal application shall
include.
a.
The existing location of the bin as set forth on the original application
or the new location, as precisely as possible, if the bin is to be
relocated. If the bin is to be relocated, the application shall include
written consent from the property owner to place the bin on the subject
property location.
b.
The manner in which the person or entity anticipates any clothing
or other donations collected would be used, sold or dispersed and
the method by which the proceeds of such collections would be spent
and any changes that may be anticipated during the renewal period
for this information.
c.
The name, location and telephone number of any person or entity,
set forth in this provision, which may share or profit from any clothing
or other donations collected during the renewal period.
5.
The permit number and date of expiration shall be conspicuously and
clearly displayed on the outside of the bin in addition to all other
information required by this provision.
B.
The person or entity which may share or profit from any clothing
or other collections in the bin maintains a bona fide office where
the person or representative of the entity can be reached by way of
telephone during regular business hours. An answering machine or service
unrelated to the person or entity does not constitute a bona fide
office.
C.
The following information shall be clearly and conspicuously displayed
on the exterior of the donation clothing bin.
1.
The name and address of the registered person or entity that owns
the bin and of each person or entity that may share or profit from
any donation of clothing or other item collected in the bin.
2.
The telephone number of the person or bona fide office of an entity
that may share or profit from any donation of clothing or other item
collected in the bin.
3.
In such case as a person or entity other than the person or entity
which owns the bin may share or profit from any collections in the
bin, a clear and easily understandable notice that bin collections
and profits, or both, may be shared or given entirely to a person
or entity other than the owner of the bin and the identification of
all such persons or entities.
4.
A statement, consistent with the information provided with the application
for permit or renewal, indicating the manner in which the donations
or profits are anticipated to be used, sod or dispersed and the method
by which the proceeds of collected donations would be allocated or
spent.
D.
The Planning/Zoning Office or the Borough Police Department shall
investigate any public complaint about a bin within 30 days of receipt.
In such case that a person or entity shall be determined by the investigative
officer to have violated this provision of the Borough Code, the person
or entity that placed the bin shall be issued a written warning setting
forth the violation and requiring the violation be rectified within
45 days. Failure to rectify the violation shall result in any or all
of the following remedies: seizure of the bin, removal of the bin
at the expense of the owner, seizure of the donated articles in the
bin, the sale at public auction of the seized items or the disposition
of collected items in any manner determined by the Borough. Any funds
collected under this provision shall be paid to the Borough Treasurer
or Chief Financial Officer.
E.
In addition to the penalties set forth above, any person who violates
this provision of the Borough Code shall be subject to the following
penalties.
1.
A penalty up to $20,000 for each violation. The Borough may bring
an action to enforce this Administrative Code provision in either
the Municipal Court of the Borough or the Superior Court of New Jersey
as a summary proceeding pursuant to N.J.S.A. 2A:58-10 et seq. All
penalty money collected shall be paid to the Borough Treasurer or
Chief Financial Officer.
[New]
All retail food establishments in the Borough shall be operated in compliance with the Borough of Pompton Lakes Board of Health Code Chapter BH:4, Retail Food Establishments, Title 24 of the New Jersey State Statutes and N.J.A.C. 8:24-1 et seq. Such establishments include, but are not limited to, pool halls, billiard rooms, dancing pavilions, saloons, cafes, buffets, bars, grills, restaurants or any other facility whether indoor or outdoor where food or drink are sold for consumption.
[1983 Code § 108-2; New]
No person or persons, firm or corporation shall pursue the business or occupation of selling food or drink, or both, to be consumed on the premises in the Borough of Pompton Lakes, until the owner or owners, lessee or lessees, proprietor or proprietors shall have first obtained from the Borough Health Officer a license to carry on or conduct the same as provided in the Board of Health Code, Chapter BH:4, Chapter BH:5 and Chapter BH:6.
[New]
Application for such license shall be made as provided in Chapter BH:4.
[1983 Code § 108-4; New]
The granting of any such license shall be at the discretion
of the Board of Health.
[1983 Code § 108-5]
All such rooms or places shall be kept clean and well and brightly
lighted at all times, day or night, while business is transacted therein.
[1983 Code § 108-6; New]
Unless otherwise provided by law, all such public places so
licensed by the Board of Health shall close at 12:00 midnight and
shall remain closed between the hours of 12:00 midnight and 4:00 a.m.
each day.
[1983 Code § 108-7; New]
The Chief of Police and members of the Police Department and employees of the Board of Health, the Health Officer, and Zoning or Building Departments shall have the right to enter such building or place at any time for the purpose of seeing that the laws of this state and the provisions of this section 5-9 and Board of Health Code Chapter BH:4 are being complied with.
[1983 Code § 108-8; New]
Any person or persons, firm or corporation violating any of the provisions of this section or failing to close and remain closed during the time specified in such license shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5, of the Borough Code.
[1]
Editor's Note: Violation of the provisions of N.J.A.C. 8:24-1
et seq. shall be punishable as provided under N.J.S.A. 26:1A-10.
[1983 Code § 110-1]
As used in this section:
Includes all sales entitled "garage sales," "lawn sales,"
"attic sales," "rummage sales" and other temporary displays which
will be held outdoors or advertised by means of signs displayed outdoors.
Includes the sale of any property other than the real estate
itself.
Includes individuals, partnerships, voluntary associations
and corporations.
[1983 Code § 110-2]
A.
It shall be unlawful for any person to conduct a garage sale within
the Borough of Pompton Lakes without first filing with the Municipal
Clerk the information hereinafter specified and obtaining from the
Municipal Clerk a license to do so at least seven days in advance
of the sale during normal business hours.
B.
The fee for such license shall be fixed at $15, which will be waived
if the applicant can provide valid proof that they are 60 years old
or older.
[1983 Code § 110-3]
Such license shall be issued to any one location and/or individually
named applicant for such sale twice within a twelve-month period,
and no such license shall be issued for more than two consecutive
calendar days; provided, however, that where the sale is to be conducted
on two consecutive days and the sale shall be postponed because of
inclement weather, the applicant will be permitted to bring the original
permit to the Municipal Clerk and reschedule the date of the sale
at no additional cost to the applicant.
[1983 Code § 110-4]
The information to be filed with the Municipal Clerk pursuant
to this section shall be as follows:
A.
The name, address and phone number of the applicant.
B.
The name of the owner of the property on which the sale is to be
conducted.
C.
The dates of the sale.
D.
The hours of the sale.
E.
The dates and nature of any past sales conducted by the applicant
within the calendar year.
F.
Whether or not the applicant has been issued any other vendor's license
by any other local, state or federal agency.
G.
An affirmation or sworn statement by the person signing that the
information given is true.
[1983 Code § 110-5]
All garage sales shall be conducted between the hours of 9:00
a.m. and dusk.
[1983 Code § 110-6]
The provisions of this section shall not apply to nor affect
the following persons or sales as outlined below:
A.
Persons selling goods according to an order or process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their duties and powers as public
officials.
C.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which individual items do not exceed five in number and do not
constitute a wholesale or retail business.
D.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization shall not be required to
pay the licensing fee; however, the remaining provisions of this section
shall apply.
[1983 Code § 110-7]
A.
This section shall be enforced by any lawful agency, including, but
not limited to, Police Department Officers and Zoning or Construction
Officials.
[1983 Code § 96-15]
No person or persons, corporation or corporations, shall set
up or operate any miniature golf course, miniature driving and putting
course, practice court or other device for profit or where a fee is
charged, within the limits of the Borough of Pompton Lakes, without
first taking out a license therefor before opening to the public or
operating any such miniature golf course, driving and putting course,
practice court or any other such amusement device.
[1983 Code § 96-16]
A.
All licenses granted under the provisions of this section shall be
issued by the Municipal Clerk when granted by the Borough Council
on application in writing, signed by the person or persons, corporation
or corporations, applying for such license, describing the location
where such course, court or other device is to be operated and accompanied
by the license fee hereinafter specified.
B.
All licenses shall expire on the 31st day of December next ensuing
the date of issuing the same.
[1983 Code § 96-17]
The Borough Council shall have power to revoke or suspend any
such license, in its discretion, in case gambling or disorderly conduct
is permitted or any of the provisions of this section are violated
or if, in the judgment of the Borough Council, the operation of such
course shall constitute a nuisance.
[1983 Code § 96-18]
[1983 Code § 96-19]
All places licensed under the provisions of this section shall
close every night at 12:00 midnight.
[1983 Code § 96-20]
All licenses granted under the provisions of this section shall be subject to the provisions of the Zoning Ordinance, codified as Chapter 190, Zoning and Land Use, if any, affecting such use of the premises for which license is applied, and a permit for occupancy shall be obtained before such court or course is operated.
[1983 Code § 96-21]
Every application for a license shall be accompanied by a plan
showing sufficient provisions for parking to accommodate the patrons
of such course or court. The Borough Council reserves the right to
reject any application for license where sufficient parking facilities
are not provided or where, in the judgment of the Borough Council,
such course or court is not in a suitable location.
[1983 Code § 5-13.8]
[1983 Code § 120-1]
No person shall carry on the business of junk dealer or junk
shop keeper in the Borough of Pompton Lakes without first having obtained
a license for such purpose.
[1983 Code § 120-1.1]
As used in this section:
Any secondhand, discarded or unused waste material of any
type, including iron, metals, glass, paper, rags, clothes, machines,
more than two unregistered motor vehicles incapable of normal operation
or the bulk weight of motor vehicles and parts exceeding 4,000 pounds,
such as motor vehicle bodies and all other materials commonly or generally
known as "junk" in the ordinary meaning of the word.
Any person, firm, association, partnership or corporation
which deals in junk or who buys, otherwise acquires, collects or stores
junk within the Borough of Pompton Lakes in the manner provided in
this section.
Any building within the Borough of Pompton Lakes in which
junk is stored, placed, sold or purchased within the provisions of
this section.
Any lands or parcels thereof on which junk is collected,
placed or stored, not within a closed and roofed building, for any
purpose whatsoever, including the storage of more than two unregistered
motor vehicles incapable of normal operation incidental to an auto
body or auto repair shop.
[1983 Code § 120-2]
No junkyard or junk shop shall be located within 150 feet of
any public highway or street.
[1983 Code § 120-3]
The application for a license for a junk dealer or junk shop
keeper shall be in writing, signed by the applicant thereof, and giving
the location of the junkyard or junk shop and reference as to the
character of the applicant for such license.
[1983 Code § 120-4]
The license fee for a junk dealer or junk shop shall be $100
per year, which amount is hereby fixed for revenue. All licenses shall
expire on the 31st day of December in each year, and the Borough Council
shall have the right to accept a pro-rata fee where an application
is made for less than one year.
[1983 Code § 120-5]
A.
All licenses shall be granted by the Borough Council and shall be
signed by the Mayor and Municipal Clerk.
B.
The Borough Council shall have the right to suspend or revoke any
license where charges are made against the person holding the license
for illegal or wrongful conduct in his said business.
[1983 Code § 120-6]
Nothing in this section shall be construed as to permit maintenance or operation of a junkyard or junk shop in violation of the Zoning Ordinance of the Borough of Pompton Lakes, codified as Chapter 190, Zoning and Land Use.
[1983 Code § 120-7]
As used in this section, definitions shall be as provided in Chapter BH:12.
A massage and bodywork establishment permit shall be required as provided in Chapter BH:12.
Any person desiring a massage, bodywork and somatic therapy establishment permit shall file a written application upon a form to be furnished by the Board of Health pursuant to Chapter BH:12.
Establishment permit fees shall be as provided in Chapter BH:12.
Inspections shall be as required in Chapter BH:12.
Permit suspension or revocation shall be as provided in Chapter BH:12.
[1983 Code § 129-10]
The massage and bodywork establishment shall display its permit
as well as the license of each and every massage and bodywork therapist
employed in the establishment in an open and conspicuous place on
the premises of the establishment.
Operating requirements shall be as provided in Chapter BH:12.
[1983 Code § 129-12]
The Board of Health, Police Department and/or the Construction Department shall, at least twice a year, make an inspection of each massage and bodywork establishment as provided in Chapter BH:12.
Sleeping prohibitions shall be as stated in Chapter BH:12.
Prohibited acts shall be as provided in Chapter BH:12.
Exceptions shall be as stated in Chapter BH:12.
Violations and penalties shall be as stated in Chapter BH:12.
[1983 Code § 125-1]
As used in this section:
The same place or a place within 300 feet of a place previously
used by the same peddler once in a calendar year.
Any person, whether a resident of the Borough or not, traveling
by foot, wagon, automotive vehicle, bicycle or any other type of conveyance
from place to place, from house to house, or from street to street,
carrying, conveying or transporting goods, wares, merchandise, food
products, garden farm products or provisions or any other such similar
type item, offering or exposing same for sale or making sales and
delivering goods, articles or merchandise to purchasers. "Peddler"
shall include hawker, huckster and vendor.
[1983 Code § 125-2]
It shall be unlawful for any person to engage in the business
of peddler within the Borough of Pompton Lakes without first obtaining
a license as provided by this section. Any exempt fireman or veteran
who comes within the provisions of N.J.S.A. 45:24-9 et seq. shall
not be required to obtain a license, provided that said person has
obtained a license as required by the statute, but shall be required
to comply with all other provisions of this section.
[1983 Code § 125-3]
A.
The license fee for a peddler shall be $25 for each event. If the
license is related to the everyday business of a peddler conducted
in the Borough, the license fee is $100 per year. In addition, a license
and/or badge fee for each and every employee, agent, assistant or
helper of the licensee shall be $5 per year, which badge shall be
good for any event during the year.
B.
The term of each license granted under this section shall be for
a period of not more than one year or as may otherwise be determined
under the provisions of this section, but in any event, each such
license shall expire on December 31 of the year in which it is issued.
[1983 Code § 125-4]
No peddler shall have any exclusive right to any location nor
shall the peddler be permitted to operate in any area which, in the
sole discretion of the Police Department, is congested and which may
cause an impedance or inconvenience to the public or become a safety
hazard to the peddler or others; nor shall any peddler use a fixed
location on a public right-of-way unless the peddler has obtained
a written authorization from the public body owning the right-of-way
and further obtained any required approval from the appropriate land
use board, including but not limited to site plan approval.
[1983 Code § 125-5]
No peddler shall use a fixed location on private property unless
the peddler has obtained the written permission of the owner and further
obtained any required approval from the appropriate land use board,
including but not limited to site plan approval.
[1983 Code § 125-6]
No peddler shall operate in such capacity before 10:00 a.m.
or after 8:00 p.m. or on Sundays or national holidays except for ice
cream vendors who shall remain subject to the hours of operation set
forth above.
[1983 Code § 125-7]
The operation of peddlers shall be regulated by the Borough
Police Department, who may require any peddler to produce the required
peddler's license upon request. If a peddler cannot or does not produce
the required license on request, the police shall require the peddler
to cease operations until such license can be and is produced.
[1983 Code § 125-8]
A.
This section shall not apply to the sale or delivery of milk, eggs,
bread, newspapers (those that are paid for by the recipient) or such
other necessary and perishable articles of food or merchandise of
the type commonly delivered on a house-to-house basis at intervals
of less than one week and which merchandise has been specifically
ordered and is paid for by the recipient.
B.
This section shall not apply to census takers, pollsters or surveyors
who are acting pursuant to federal, state, County or local laws or
regulations. Such persons shall notify the Municipal Clerk at least
10 days prior to the date they will begin their activity.
C.
Any veteran or exempt fireman who holds a special license issued
pursuant to N.J.S.A. 45:24-9 is exempt from the application for a
license but shall comply with the other provisions of this section.
D.
The Mayor and Borough Council may waive all or some of the requirements
of this section for any farmers market or similar event which is approved
for conduct by the Borough.
[1983 Code § 125-9]
A.
The equipment used or employed by peddlers of ice cream, foods, beverages,
confections and other related commodities and foodstuffs shall be
maintained in a clean and sanitary condition and shall be subject
to the inspection of the Borough Health Official and Police Officials
or State or County Health Officials. Violations of federal, state
or local regulations shall be reason for revocation of a license.
B.
Peddlers of food and/or beverages are required to obtain a food handler's
license as required by federal, state or local regulations and shall
comply with all requirements to keep such license(s) in good standing.
C.
Any vehicle that fails a motor vehicle inspection or is not in compliance
with state statutes for condition and operability of vehicles shall
not be used by peddlers.
D.
There shall be issued to each licensee using any type of vehicle,
contrivance or receptacle or other means of transport, a license plate
for each contrivance used bearing the legend "Licensed, Borough of
Pompton Lakes, New Jersey, Number _____, Expiration Date: _____."
The licensee shall pay a deposit of $15 for each such plate required,
which shall be returned if the plate is returned in good condition
within 15 days of the expiration date of the license. Otherwise, said
deposit shall be forfeited.
[1983 Code § 125-10]
A.
License applicants shall apply to the Municipal Clerk on a sworn
and written application, in duplicate, in a form to be provided by
the Municipal Clerk, as follows:
1.
Name, age and description of the applicant.
2.
Permanent home address, phone number and local address and phone
number of the applicant.
3.
Social security number.
4.
State and number of the driving license of applicant.
5.
A list of convictions or guilty pleas to motor vehicle offenses during
the prior 10 years.
6.
A brief description of the business and goods to be peddled.
7.
The name, address and telephone number of the employer of the applicant
and any credentials establishing the employer-employee relationship.
8.
The location where the goods are manufactured, prepared or produced;
where such goods are located at the time the application is submitted;
the proposed method of delivery; the date on which the food handler's
license(s) was obtained if appropriate.
9.
Two photographs of the applicant, and employees, agents, assistants
or helpers who may participate with the applicant in the Borough,
not less than two inches by three inches, showing the head and shoulders
of the applicant in a clear manner taken not more than one year prior
to the application date.
10.
A statement by the applicant as to whether the applicant, or any
employee, assistant, agent or helper of the applicant, has been convicted
of any crime, disorderly persons offense, petty disorderly persons
offense or violation of any Borough ordinance, the nature of the offense,
the punishment or penalty assessed and any statement the applicant
may wish to make regarding same.
11.
The names of any other municipality in New Jersey in which the applicant
has peddled or solicited for a period of two years prior to the application.
12.
A copy of the certificate of authority to collect sales taxes issued
by the state as provided by the requisite statutes and proof that
such certificate has been filed with the Director of Taxation, State
of New Jersey.
B.
The applicant shall pay a fee of $25 to cover the costs of processing
and investigating the application and applicant.
[1983 Code § 125-11]
A.
The Municipal Clerk shall issue approved licenses in a form within
the sole discretion of the Borough. The license shall be conspicuously
displayed by the peddler at all times. The display of a badge shall
apply to all employees, agents, assistants or helpers of the licensee.
B.
Subject to the further provisions of this section, the Mayor and
Borough Council may revoke, refuse, or suspend any license at any
time if, in their sole discretion and determination, the grant or
exercise thereof will be prejudicial to the health, peace, safety
or welfare of the Borough or its residents.
C.
The Municipal Clerk shall maintain a log book of all licenses which
have been granted, refused, suspended or revoked and shall provide
information to the Mayor and Borough Council regarding same and fees
collected upon request.
D.
No license granted under this section may be assigned or transferred
by the licensee.
E.
Each licensee shall execute, on request of the Borough, a power of
attorney in favor of the Municipal Clerk authorizing the Municipal
Clerk to accept service of process on behalf of the licensee.
[1983 Code § 125-28]
A.
The Borough Police Department shall investigate an applicant for
the protection of the public welfare. The Police Department shall
obtain a copy of the motor vehicle driving abstract for the applicant
and all employees, agents, assistants and helpers who will utilize
a motor vehicle in the Borough under the provisions of this section,
the cost of which, if any, shall be paid by the applicant. The Police
Department shall check the criminal record of all persons set forth
in this section. Such investigation shall be completed within 10 days
of receipt of a fully completed application, and same shall be immediately
forwarded to the Municipal Clerk.
B.
The Municipal Clerk shall issue peddler licenses or permits upon
receipt of the Police Department report. The Municipal Clerk shall
act on all peddler applications within 31 days of receipt of a complete
application and investigation.
C.
If the peddler application is denied, the Municipal Clerk shall notify
the applicant in writing with an explanation for the denial of the
application. The application shall be so noted.
D.
If the application is approved, the Municipal Clerk shall take such
actions as are required by this section to provide the applicant with
the appropriate license(s) or permit(s).
[1983 Code § 125-29]
A.
If the application is denied as set forth in this section, the applicant
may appeal the decision to the Mayor and Borough Council by providing
a written notice of such request within 10 days of the notice of denial.
The Mayor and Borough Council shall hear the appeal at a regular or
special meeting within 31 days of the receipt of the request. The
decision on the appeal shall be final, subject to such other legal
rights the applicant may have.
B.
If a license or permit is suspended or revoked pursuant to the provisions
of this section, which suspension or revocation shall be in writing
to the licensee or permittee, the licensee or permittee may appeal
the decision to the Mayor and Borough Council by providing a written
notice of such request within 10 days of the notice of revocation
or suspension. The Mayor and Borough Council shall hear the appeal
at a regular or special meeting within 31 days of the receipt of the
request. The decision on the appeal shall be final, subject to such
other legal rights the applicant may have.
[1983 Code § 125-30]
[1983 Code § 125-31]
A.
The Borough of Pompton Lakes shall institute a list of Borough residents
who request that solicitors not solicit on their property. The "No
Solicitation" list shall be maintained by the Municipal Clerk.
B.
Residents of the Borough shall have their name and address added
to the list by the Municipal Clerk upon receipt of a written request
for such action. Such requests shall be maintained with the list.
C.
Prior to any conduct of a solicitation covered by this section, the
solicitor receiving a license or permit to solicit shall be provided
with a copy of the "No Solicitation" list by the Municipal Clerk with
the license or permit, and the licensee or permittee, their employees,
agents, assistants or helpers shall thereafter refrain from any solicitation
on the properties or to the names set forth on the list.
D.
Borough residents and property owners may post "No Solicitation"
signs on their property. In such event, no solicitor shall solicit
or canvass on such properties.
[1983 Code § 125A-1]
As used in this section:
All natural persons, corporations, partnerships, limited
liability companies, limited liability partnerships, associations,
whether incorporated or not, as well as the principals, agents, servants
or representatives thereof.
[1983 Code § 125A-2]
It shall be a violation of this section for any person to arrange
for, carry on or conduct a public meeting or display any banner or
advertising matter or device in, over or upon the public streets of
the Borough without first obtaining a license for same from the Municipal
Clerk, who may issue same only upon application in the manner and
form required by the Municipal Clerk.
[1983 Code § 125A-3]
A.
It shall be a violation of this section for any person to arrange,
conduct or cause to be conducted dances, lectures, concerts, theatrical
performances, motion-picture shows, wrestling exhibitions, boxing
exhibitions, other athletic exhibitions, carnivals, circuses, other
entertainment events or general amusement events to which the public
is invited, whether or not same are arranged, conducted or caused
to be conducted for the benefit of any person, without first obtaining
a license for same from the Municipal Clerk, who may issue same only
upon application in the manner and form required by the Municipal
Clerk.
B.
Traveling or other street shows are prohibited.
[1983 Code § 125A-4]
The following fees shall be charged for required licenses.
A.
Public lectures, concerts and dances: $5 per event or $25 per calendar
year.
B.
Theatrical performances: $5 per event or $50 per calendar year.
C.
Moving picture shows: $5 per event or $100 per calendar year.
D.
For all athletic events: $10 per event.
E.
For each amusement device of any type in addition to the fee under Subsection F below: $10 per day.
F.
All other forms of entertainment or meeting: $10 per day.
G.
For the display of banners or advertising matter: $10 per day.
H.
No fee shall be charged for any activity provided for in this section
if same is conducted or operated by, or for the benefit of or under
the auspices of, a charitable, religious or fraternal organization
located in the Borough or for a public purpose approved by the governing
body.
[1983 Code § 125A-5]
In addition to the other provisions of this section, or other
laws, ordinances or regulations governing such activities, a license
to operate a carnival may be issued upon the following terms and conditions:
A.
The carnival must be sponsored by and operated under the auspices
of a religious or charitable organization located within the Borough
or providing substantial charitable or religious service to the Borough.
B.
Carnivals must be conducted on property owned by or controlled by
the charitable or religious sponsor.
C.
A carnival shall be operated in such a manner that it will not cause
interference with the comfort, repose, health, safety or welfare of
neighboring properties.
D.
Applications shall be reviewed by the following officials, and no
permit shall issue without approval of all such officials.
1.
Chief of Police. The Chief shall review impact to public safety,
crowd control, parking of vehicles and traffic control. The cost of
any police service required for the carnival shall be paid by the
licensee. The cost provision may be waived by resolution of the governing
body.
2.
Construction Official.
3.
Fire Prevention Bureau. If the Fire Official requires the presence
of fire safety personnel on premises during the conduct of a carnival,
the licensee shall pay any cost associated with such presence. The
cost provision may be waived by resolution of the governing body.
4.
Health Officer.
E.
No alcoholic beverages may be served at any carnival or on the premises
of the licensee during the conduct of a carnival.
F.
A license may be issued by the Municipal Clerk based on the provisions
of this section. All such licenses are subject to suspension or revocation
for cause as determined by the governing body.
G.
No license shall issue unless the licensee provides a certificate
of public liability insurance of not less than a combined policy limit
of $1,000,000 for personal injury and property damage, a worker's
compensation insurance policy as required by law, and a hold-harmless
and indemnification agreement or insurance clause indemnifying, holding
harmless and defending the Borough, its officers, agents and employees.
H.
Carnivals shall only be conducted during the months of June, July
or August.
I.
No carnival shall operate after 11:00 p.m.
J.
Continued compliance with requirements of the above-referenced officials
shall be a condition of continuance of the license.
K.
No license shall be issued which would cause the conduct of more
than one carnival in the Borough at any time. Licenses may be granted
on a first-come first-served basis.
L.
No license shall be issued for a period of time greater than seven
days.
M.
If the Fire Official determines that a fire safety hazard exists,
the Fire Official may suspend operation of the carnival until such
hazards are corrected to the satisfaction of the official. If any
Borough Official determines that the operation of the carnival is
a danger to the public health, safety or welfare, the official may
suspend the operation of the carnival until such danger is eliminated
or the official is reversed by a resolution of the governing body
before whom the licensee has a right to appeal.
[1983 Code § 125A-6]
In addition to the other provisions of this section, or other
laws, ordinances or regulations governing such activities, a license
to operate a circus may be issued upon the following terms and conditions:
A.
The circus must be sponsored by and operated under the auspices of
a religious or charitable organization located within the Borough
or providing substantial charitable or religious service to the Borough.
B.
The circus must be conducted on property owned by or controlled by
the charitable or religious sponsor.
C.
A circus shall be operated in such a manner that it will not cause
interference with the comfort, repose, health, safety or welfare of
neighboring properties.
D.
Applications shall be reviewed by the following officials, and no
permit shall issue without approval of all such officials:
1.
Chief of Police. The Chief shall review impact to public safety,
crowd control, parking of vehicles and traffic control. The cost of
any police service required for the circus shall be paid by the licensee.
The cost provision may be waived by resolution of the governing body.
2.
Construction Official. The Construction Official shall review the
adequacy and structural safety of the exhibition areas to which the
public is invited.
3.
Fire Prevention Bureau. The Fire Official shall review requirements
for fire safety and fire safety code compliance. If the Fire Official
requires the presence of fire safety personnel on premises during
the conduct of a circus, the licensee shall pay any cost associated
with such presence. The cost provision may be waived by resolution
of the governing body.
4.
Health Officer.
E.
No alcoholic beverages may be served at any circus or on the premises
of the licensee during the conduct of a circus.
F.
A license may be issued by the Municipal Clerk based on the provisions
of this section. All such licenses are subject to suspension or revocation
for cause as determined by the governing body.
G.
No license shall issue unless the licensee provides a certificate
of public liability insurance of not less than a combined policy limit
of $1,000,000 for personal injury and property damage, a worker's
compensation insurance policy as required by law, and a hold-harmless
and indemnification agreement or insurance clause indemnifying, holding
harmless and defending the Borough, its officers, agents and employees.
H.
Continued compliance with requirements of the above-referenced officials
shall be a condition of continuance of the license.
I.
No tent, structure or seating facility may be occupied unless the
Fire Official finds that all limitations and requirements of the license
and all laws and regulations relating to fire safety have been satisfied.
If the Fire Official determines that a fire safety hazard exists,
the Fire Official may suspend operation of the circus until such hazards
are corrected to the satisfaction of the official. If any Borough
official determines that the operation of the circus is a danger to
the public health, safety or welfare, the official may suspend the
operation of the circus until such danger is eliminated or the official
is reversed by a resolution of the governing body before whom the
licensee has a right to appeal.
J.
No license shall be issued which would cause the conduct of more
than one circus in the Borough at any time. Licenses may be granted
on a first-come first-served basis.
K.
No license shall be issued for a period of time greater than seven
days.
[1983 Code § 125A-7]
Any person violating any provision of this section may, upon conviction, liable to the penalty stated in Chapter 1, § 1-5, of the Borough Code. Each and every day a violation continues after the licensee is provided written notice of the violation shall be considered a separate and specific violation for the purposes of penalties under this section.
[1983 Code § 152-1]
For the purpose of this section:
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
The sale or an offer to sell to the public goods, wares and
merchandise of any and all kinds and description on hand and in stock
in connection with a declared purpose, as set forth by advertising,
on the part of the seller that such sale is anticipatory to the termination,
closing, liquidation, winding up, discontinuance, conclusion or abandonment
of the business in connection with such sale. It shall also include
any sale advertised to be an adjustment sale, creditor's sale, executor's
sale, administrator's sale, insolvent sale, insurance salvage sale,
mortgage sale, assignee's sale, adjustor's sale, receiver's sale,
loss-of-lease sale, wholesaler's sale, creditor's committee sale,
forced-out-of-business sale, removal sale and any and all sales advertised
in such manner as to reasonably convey to the public that, upon the
disposal of the stock of goods on hand, the business will cease and
be discontinued.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale whether by word of mouth,
letter, newspaper advertisement, magazine advertisement, handbill,
written or printed notice, printed display, billboard display or poster,
whether in or away from the business location, a radio announcement
and any and all other means, oral or written.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location in the Borough or will then continue business from other
existing locations in the Borough.
[1983 Code § 152-2]
It shall be unlawful for any person to publish, announce or
conduct any sale of the type or kind herein defined without first
obtaining a license therefor in compliance with the provisions of
this section.
[1983 Code § 152-3]
A person desiring to conduct a sale regulated by this section
shall make a written application to the Municipal Clerk setting forth
and containing the following information:
A.
The true names and addresses of the owners of the goods to be the
object of the sale.
B.
The true name and address of the person, persons or company from
whom the owner purchased the goods to be sold and the price therefor
and, if not purchased, the manner of such acquisition.
C.
A description of the place where such sale is to be held.
D.
The nature of the occupancy, whether by lease or sublease, and the
effective date of termination of such occupancy.
E.
The dates of the period of time in which the sale is to be conducted.
F.
A full and complete statement of the facts in regard to the sale,
including the reason for the urgent and expeditious disposal of goods
thereby, and the manner in which the sale will be conducted.
G.
The means to be employed in advertising said sale, together with
the proposed content of any advertisement.
[1983 Code § 152-4]
Any applicant for a license hereunder shall submit to the Municipal
Clerk with his application a license fee of $35. Any applicant for
a renewal license hereunder shall submit to the Municipal Clerk, on
behalf of the Borough of Pompton Lakes, with his renewal application
a renewal fee of $35.
[1983 Code § 152-5]
The Municipal Clerk shall have the following duties:
A.
To receive applications for all licenses hereunder and process the
same as required herein.
B.
After the receipt of all fees and charges and reports required by
the nature of the application, to refer the application, with the
result of the processing, to the Mayor and Borough Council.
C.
In the event of favorable action by the Mayor and Borough Council,
to issue the license, provided that all regulatory fees and charges
and municipal taxes, if any, pertaining to the license have been paid.
D.
To keep all records pertaining to said licenses, licensees and agents.
E.
To establish the application forms for issuance and renewals of all
licenses hereunder, including a requirement that the said application
be executed under oath, and procedures for processing which shall
minimize duplication and permit the Mayor and Borough Council to review
all matters pertaining to the license prior to determining any action
to be taken thereon.
[1983 Code § 152-6]
The license shall authorize the sale described in the application
for a period of not more than 60 consecutive days following the issuance
thereof. Such license shall be renewed, in the discretion of the Mayor
and Borough Council, for an additional period of time not exceeding
30 days, upon the filing of a new application which must be accompanied
with a revised inventory showing the items listed on the original
inventory remaining unsold and not listing any goods not included
in the original application and inventory.
[1983 Code § 152-7]
[1983 Code § 152-8]
Upon being issued a license under this section, the licensee
shall surrender to the Municipal Clerk all other business licenses
he may hold at that time applicable to the location and goods covered
by the application for a license under this section.
[1983 Code § 152-9]
Any license provided for herein shall not be assignable or transferable.
[1983 Code § 152-10]
A licensee hereunder shall:
A.
Make no additions whatsoever during the period of the licensed sale
to the stock of goods set forth in the inventory attached to the application
for license.
B.
Refrain from employing any untrue, deceptive or misleading advertising.
C.
Conduct the licensed sale in strict conformity with any advertising
or holding out incidental thereto.
D.
Keep available at the place of sale a duplicate copy of the inventory
submitted with the application and present such duplicate to inspecting
officials upon request.
E.
Keep any other goods separate and apart from the goods listed in
the filed inventory as being objects of sale and make such distinction
clear to the public by placing tags on all inventoried goods in and
about the place of sale, apprising the public of the status of all
such goods.
F.
Display the license in a prominent place on the window of the premises
where the sale is to be held so that it is clearly visible from the
exterior of said premises.
G.
Keep suitable books and records at the place of sale and make same
available to inspection by the Mayor and Borough Council or its authorized
representatives.
[1983 Code § 152-11]
It shall be unlawful to sell, offer or expose for sale or to list on the inventory required by Subsection 5-18.3 stock which is not the stock of the store or other place, the business of which is to be closed out by such sale for which a license has been granted, to replenish or add to such stock for the purpose of disposal at such sale or to fail, neglect or refuse to keep accurate and true records of the initial stock, stock sold and stock on hand.
[1983 Code § 152-12]
A license or renewal thereof issued pursuant to this section
may be revoked by the Mayor and Borough Council, after notice and
hearing, for any of the following reasons:
A.
Any fraud, misrepresentation or false statement contained in the
application.
B.
Any fraud, misrepresentation or false statement made as to the inventory,
stock sold or stock on hand.
C.
Any violation of this section.
D.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
E.
Conducting the business licensed under this section in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
[1983 Code § 152-13]
Notice of hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be mailed
by the Municipal Clerk, postage prepaid, to the licensee, at his last
known address, at least five days prior to the date set for the hearing.
[1983 Code § 152-14]
A license may be suspended for not more than five days by the
Mayor and Borough Council upon probable cause being shown that the
license should be revoked.
[1983 Code § 152-15]
The Mayor and Borough Council shall hold such hearings and make
such investigations as may be necessary to carry out the provisions
and intent of this section.
[1983 Code § 152-16]
The provisions of this section are intended to augment and be
in addition to the provisions of other applicable licensing ordinances
of the Borough. Where this section imposes a greater restriction upon
persons, premises, businesses or other practices than is imposed by
any other licensing ordinance of the Borough, this section shall control.
[1983 Code § 152-17]
Any person who has not owned the business described in the license
application for a period of at least six months prior to the date
of the proposed sale shall not be granted a license. This requirement
shall not apply to the personal representatives, heirs, devisees or
legatees of any person who dies while in business in the Borough.
[1983 Code § 152-18]
Where a person applying for a license hereunder operates more
than one place of business, the license issued shall apply only to
the one store or branch specified in the application and no other
store or branch shall advertise or represent that it is cooperating
with it or in any way participating in the licensed sale, nor shall
the store or branch conducting the licensed sale advertise or represent
that any other store or branch is cooperating with it or participating
in any way in the licensed sale.
[1983 Code § 152-19]
The provisions of this section shall not apply to or affect
the following persons:
A.
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Duly licensed auctioneers, selling at auction.
D.
Any publisher of a newspaper, magazine or other publication, who
published in good faith any advertisement, without knowledge of its
false, deceptive or misleading character, or without knowledge that
the provisions of this section have not been complied with.
[1983 Code § 152-20]
No license authorized under this section shall be issued unless
personal property taxes are paid to the date of the application for
said license.
[1983 Code § 152-21]
[1983 Code § 126-1]
As used in this section:
Any person, partnership, corporation or other entity, whether
permanent or itinerant, who on one or more occasions (through any
means) buys or sells secondhand gold, silver, precious metals, gems
or jewelry, and includes anyone advertising the purchase or sale of
any of the aforementioned items.
Any business conducted intermittently within the Borough
of Pompton Lakes or at varying locations.
Any person under the age of 18 years.
Any business conducted on a year-round basis and housed in
a single structure, such as a store or residence.
[1983 Code § 126-2]
A.
All applications for license under this section shall be made to
the Municipal Clerk on forms supplied by the Borough of Pompton Lakes.
C.
Upon receipt of the application, the Municipal Clerk shall immediately
refer said application to the Chief of Police.
D.
Each dealer prior to conducting business within the jurisdiction
of the Borough of Pompton Lakes, shall first register with the Chief
of Police who shall fingerprint the applicant and institute such investigation
of the applicant's moral character and business responsibility as
he deems necessary for the protection of the public welfare. In the
event that the dealer is a business entity other than a sole proprietorship,
the officers in the corporation or the partners in a partnership,
or a limited partnership, shall be deemed to be the applicants who
shall be fingerprinted and investigated in accordance with this section.
Upon completion of the investigation, which in no case shall take
place within 10 days after registering and completion of the application
form, the Chief of Police shall return the application or a copy thereof
to the Municipal Clerk accompanied by his recommendations as to whether
the license should be issued or denied. If the recommendation of the
Chief of Police is to deny the license, the grounds for such recommendation
shall be stated. Upon receipt of the recommendation of the Chief of
Police, the Municipal Clerk shall issue or deny the license accordingly.
[1983 Code § 126-3]
[1983 Code § 126-4]
Each dealer shall maintain for a period of five years a complete
record of each purchase and sale, including the amount paid, a description
of the item, any identifying numbers and engravings, photographs,
name, residence and age and description of the person from whom the
items were purchased, received or sold. These records shall be subject
to the inspection of any authorized police officer of the Borough
of Pompton Lakes.
[1983 Code § 126-5]
Each dealer doing business in the Borough of Pompton Lakes shall
deliver to the Chief of Police the description of all items purchased,
received or sold, within 48 hours of the completion of the transaction,
on forms prescribed by the Chief of Police.
[1983 Code § 126-6]
No dealer shall sell, melt or change the form of or dispose
of any articles purchased or received within 15 days of the receipt
or purchase of said item, and all such items shall be available to
the Police Department of the Borough of Pompton Lakes for inspection
for at least 15 days following receipt or purchase, upon request of
the Department.
[1983 Code § 126-7]
Each dealer must require a valid state or federal issued driver's
license or other government issued form of identification bearing
a photograph of the person with whom it is transacting business, and
no transaction may be made with any minor, as herein defined, and
also with any individual who is in an intoxicated state and/or is
under the influence of intoxicating liquor, narcotics or hallucinogenic
or habit-producing drugs.
[1983 Code § 126-8]
A.
Licenses issued under the provisions of this section may be revoked
by the Borough Council after hearing on notice for any of the following
causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems and jewelry.
3.
Any violation of this chapter.
4.
Conviction of any crime or disorderly persons offense involving moral
turpitude.
5.
Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing.
[1983 Code § 126-9]
It shall be unlawful for any dealer to conduct the business
regulated by this section unless he shall have a license issued therefor
pursuant to this section.
[1983 Code § 126-10]
[1983 Code § 125-12]
As used in this section, the following terms shall have the
following meanings.
A person, also known as a "canvasser," whether resident of
the Borough or not, traveling by foot, wagon, automotive vehicle,
bicycle or any other type of conveyance from place to place, from
house to house, or from street to street, who is conducting a poll,
survey or other similar activity or who is distributing advertisements,
handbills or such other similar items.
[1983 Code § 125-13]
It shall be unlawful for any solicitor to engage in the activities
set forth in this section within the Borough without first obtaining
a license as provided by this section.
[1983 Code § 125-14; Ord. No. 2017-12]
The provisions of § 5-20 et seq. shall not apply to any person or organization:
[1983 Code § 125-15]
A.
The license fee for a solicitor shall be $100 for each event of solicitation
or canvassing. An additional license and/or badge fee of $50 shall
be charged for every employee, agent, assistant or helper who will
be involved in the solicitation or canvassing.
[Amended 2-27-2019 by Ord. No. 19-10]
B.
The term of each license granted under this section shall be for
a period of not more than one year or for a shorter period as may
otherwise be determined under the provisions of this section and in
the sole discretion of the Mayor and Borough Council, but in any event,
each such license shall expire on December 31 of the year in which
it is issued.
C.
In such cases as the solicitor/canvasser uses the services of a third
party solicitor/canvasser and not personnel directly employed by or
contracted by the solicitor/canvasser, the provisions of this chapter
shall separately apply to both the solicitor/canvasser and the third
party solicitor/canvasser company.
[Added 2-27-2019 by Ord.
No. 19-10]
[1983 Code § 125-16]
No solicitor shall operate in such capacity before 10:00 a.m.
or after 9:00 p.m. or on Sundays or national holidays.
[1983 Code § 125-17]
A.
Any vehicle which is used by a solicitor that fails a motor vehicle
inspection or is not in compliance with state statutes for condition
and operability of vehicles shall not be used for soliciting.
B.
There shall be issued to each licensee using any type of vehicle,
contrivance or receptacle or other means of transport, a license plate
for each contrivance used bearing the legend "Licensed, Borough of
Pompton Lakes, New Jersey, Number _____, Expiration Date: _____."
The licensee shall pay a deposit of $15 for each such plate required,
which shall be returned if the plate is returned in good condition
within 15 days of the expiration date of the license. Otherwise, said
deposit shall be forfeited.
[1983 Code § 125-18; amended 2-27-2019 by Ord. No. 19-10]
License applicants shall apply to the Municipal Clerk on a sworn
and written application, in duplicate, in a form to be provided by
the Municipal Clerk, as follows:
A.
Name, age and description of the applicant or corporate officer if
company application.
B.
Permanent home (business address if company application), phone number
and local address and phone number of the applicant.
C.
Social security number or EIN.
D.
State and number of the driving license of applicant and each person
who will use a motor vehicle in the Borough for solicitation/canvassing
purposes.
E.
A list of convictions or guilty pleas to motor vehicle offenses during
the prior 10 years.
F.
State Bureau Identification Number (SBI), including a statement as
to the reason/purpose for the SBI.
G.
The name, address and telephone number of the employer of the applicant
and any credentials establishing the employer-employee relationship.
H.
Two photographs of the applicant, and employees, agents, assistants
or helpers who may participate with the applicant in the Borough,
not less than two inches by three inches, showing the head and shoulders
of the applicant in a clear manner taken not more than one year prior
to the application date.
I.
A statement by the applicant as to whether the applicant, or any
employee, assistant, agent or helper of the applicant, has been convicted
of any crime, disorderly persons offense, petty disorderly persons
offense or violation of any Borough ordinance, the nature of the offense,
the punishment or penalty assessed and any statement the applicant
may wish to make regarding same.
J.
The names of any other municipality in New Jersey in which the applicant
has canvassed or solicited for a period of two years prior to the
application.
K.
Copy of State Police response to applicant's personal records request.
L.
A statement whether applicant or any personnel who will be involved
in the solicitation/canvassing are subject to the Meagan's Law registry.
[1983 Code § 125-19]
[1983 Code § 125-28; amended 2-27-2019 by Ord. No. 19-10]
A.
The Police Department shall obtain a copy of the applicant's motor
vehicle driving abstract and for each employee, agent, assistant or
helper who will utilize a motor vehicle in the Borough, the cost,
if any, of which shall be borne by the applicant. The Police Department
shall access the Meagan's Law Registry, as permitted by law, for the
applicant and all personnel who will be involved in the solicitation
or canvassing. The results will be provided to the Clerk within 10
days of the completed application.
B.
The Clerk shall issue, if appropriate, the license or permit within
31 days of receipt of the completed application.
C.
If the application is denied, the Clerk shall notify the applicant
in writing with an explanation for the denial. The denial shall be
noted on the application.
[1983 Code § 125-29]
A.
If the application is denied as set forth in this section, the applicant
may appeal the decision to the Mayor and Borough Council by providing
a written notice of such request within 10 days of the notice of denial.
The Mayor and Borough Council shall hear the appeal at a regular or
special meeting within 31 days of the receipt of the request. The
decision on the appeal shall be final, subject to such other legal
rights the applicant may have.
B.
If a license or permit is suspended or revoked pursuant to the provisions
of this section, which suspension or revocation shall be in writing
to the licensee or permittee, the licensee or permittee may appeal
the decision to the Mayor and Borough Council by providing a written
notice of such request within 10 days of the notice of revocation
or suspension. The Mayor and Borough Council shall hear the appeal
at a regular or special meeting within 31 days of the receipt of the
request. The decision on the appeal shall be final, subject to such
other legal rights the applicant may have.
[1983 Code § 125-30; amended 2-27-2019 by Ord. No. 19-10]
[1983 Code § 125-31]
A.
The Borough of Pompton Lakes shall institute a list of Borough residents
who request that solicitors not solicit on their property. The "No
Solicitation" list shall be maintained by the Municipal Clerk.
B.
Residents of the Borough shall have their name and address added
to the list by the Municipal Clerk upon receipt of a written request
for such action. Such requests shall be maintained with the list.
C.
Prior to any conduct of a solicitation covered by this section, the
solicitor receiving a license or permit to solicit shall be provided
with a copy of the "No Solicitation" list by the Municipal Clerk with
the license or permit, and the licensee or permittee, their employees,
agents, assistants or helpers shall thereafter refrain from any solicitation
on the properties or to the names set forth on the list.
D.
Borough residents and property owners may post "No Solicitation"
signs on their property. In such event, no solicitor shall solicit
or canvass on such properties.
[1983 Code § 125-20]
As used in this section, the following terms shall have the
following meanings.
Includes patriotic, religious, service, welfare, benevolent,
educational, civic or fraternal corporations, organizations, associations,
societies and such organizations as recognized as nonprofit under
§ 501(c)(3) of the Internal Revenue Code of the United States.
Includes the words alms, food, clothes, money, subscription
and property.
Includes any individual, firm, copartnership, limited-liability
company, corporation, company, association, church, religious denomination,
society, class or league.
Includes the request, directly or indirectly, for money,
credit, property, financial assistance and other items of value on
the plea or representation that such item will be used for a charitable
or philanthropic purpose. A solicitation shall be deemed to be complete
when made, whether or not the person making the solicitation receives
the contribution.
[1983 Code § 125-21]
No person or organization shall solicit charitable or philanthropic
contributions in the Borough of Pompton Lakes without having first
obtained a permit authorizing same. The provisions of this section
shall not apply to any established person or organization authorized
and not operated for pecuniary profit if the solicitations by such
person or organization are conducted among the members thereof of
if the solicitations are in the form of collections or contributions
at the regular or special assemblies or meetings of such person or
organization.
[1983 Code § 125-22]
[1983 Code § 125-23]
No solicitor shall operate in such capacity under this section
before 10:00 a.m. or after 9:00 p.m. or on Sundays. Any person or
organization desiring to operate at hours or on days other than permitted
by this section shall make a special request on the application, which
shall be approved or denied by the Mayor and Borough Council, in their
sole discretion. Approval to operate on days or at hours not permitted
by this section shall be plainly stamped on the permit.
[1983 Code § 125-24]
The operation of solicitors under this section shall be regulated
by the Borough Police Department, who may require any solicitor to
produce the required permit upon request. If a solicitor cannot or
does not produce the required permit on request, the police shall
require the solicitor to cease operations until such permit can be
and is produced.
[1983 Code § 125-25]
Permit applicants shall apply to the Municipal Clerk on a sworn
and written application, in duplicate, in a form to be provided by
the Municipal Clerk, as follows:
A.
The name, address and telephone number of the person(s) who will
be responsible for conducting the solicitation.
B.
The names, addresses and telephone numbers of all persons who will
participate in the solicitation.
C.
A brief outline of the manner in which the solicitation will be conducted.
D.
The dates and times when the solicitation will be conducted, including
a start and completion date.
E.
The amount of any wages, fees, commissions or expenses to be paid
to any person or organization for conducting the solicitation and
the names, addresses and telephone numbers of all recipients.
F.
A statement that if the permit is approved, it will not be used or
represented in any way as having been endorsed by the Borough or its
officers or employees.
G.
A copy of the IRS revenue ruling in which the person or organization
has been determined to be a charitable or philanthropic organization
to which donations are tax deductible.
[1983 Code § 125-26]
Any solicitor under this section receiving money or other thing
of value of $1 or more from any contributor shall be required to provide
the contributor with a receipt for such donation showing the date
and the amount received. This section shall not apply to any contribution
collected by means of a closed box or receptacle used for solicitation
or where it is impractical to determine the amount of each contribution.
[1983 Code § 125-27]
The provisions of Subsections 5-16.11 shall apply to permits issued under this section.
[1983 Code § 125-28]
A.
The Borough Police Department shall investigate an applicant for
the protection of the public welfare. The Police Department shall
obtain a copy of the motor vehicle driving abstract for the applicant
and all employees, agents, assistants and helpers who will utilize
a motor vehicle in the Borough under the provisions of this section,
the cost of which, if any, shall be paid by the applicant. The Police
Department shall check the criminal record of all persons set forth
in this section. Such investigation shall be completed within 10 days
of receipt of a fully completed application, and same shall be immediately
forwarded to the Municipal Clerk.
B.
The Municipal Clerk shall issue solicitor licenses or permits upon
receipt of the Police Department report. The Municipal Clerk shall
act on all peddler applications within 31 days of receipt of a complete
application and investigation.
C.
If the solicitor application is denied, the Municipal Clerk shall
notify the applicant in writing with an explanation for the denial
of the application. The application shall be so noted.
D.
If the application is approved, the Municipal Clerk shall take such
actions as are required by this section to provide the applicant with
the appropriate license(s) or permit(s).
[1983 Code § 125-29]
A.
If the application is denied as set forth in this section, the applicant
may appeal the decision to the Mayor and Borough Council by providing
a written notice of such request within 10 days of the notice of denial.
The Mayor and Borough Council shall hear the appeal at a regular or
special meeting within 31 days of the receipt of the request. The
decision on the appeal shall be final, subject to such other legal
rights the applicant may have.
B.
If a license or permit is suspended or revoked pursuant to the provisions
of this section, which suspension or revocation shall be in writing
to the licensee or permittee, the licensee or permittee may appeal
the decision to the Mayor and Borough Council by providing a written
notice of such request within 10 days of the notice of revocation
or suspension. The Mayor and Borough Council shall hear the appeal
at a regular or special meeting within 31 days of the receipt of the
request. The decision on the appeal shall be final, subject to such
other legal rights the applicant may have.
[1983 Code § 125-30]
[1983 Code § 125-31]
A.
The Borough of Pompton Lakes shall institute a list of Borough residents
who request that solicitors not solicit on their property. The "No
Solicitation" list shall be maintained by the Municipal Clerk.
B.
Residents of the Borough shall have their name and address added
to the list by the Municipal Clerk upon receipt of a written request
for such action. Such requests shall be maintained with the list.
C.
Prior to any conduct of a solicitation covered by this section, the
solicitor receiving a license or permit to solicit shall be provided
with a copy of the "No Solicitation" list by the Municipal Clerk with
the license or permit, and the licensee or permittee, their employees,
agents, assistants or helpers shall thereafter refrain from any solicitation
on the properties or to the names set forth on the list.
D.
Borough residents and property owners may post "No Solicitation"
signs on their property. In such event, no solicitor shall solicit
or canvass on such properties.
[Ord. No. 11-16]
As used in this section.
Includes any automobile or motor car, commonly called a taxicab,
engaged 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 the Borough of
Pompton Lakes, and particularly accepts and discharges such persons
as may offer themselves for transportation from points or places to
points or places within or without the Borough.
Includes any automobile or motor car in the business of carrying
passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route and with a seating capacity in
no event more than 14 passengers, not including the driver, provided,
that such a vehicle shall not have a seating capacity in excess of
four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture, 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 the Borough of Pompton Lakes, and particularly
accepts and discharges such persons as may offer themselves for transportation
from points or places to points or places within or without the Borough.
Limousine shall not mean or include taxicabs; hotel buses; school
buses employed exclusively in the transportation of students and/or
teachers; vehicles owned and operated directly or indirectly by businesses
engaged in the practice of mortuary science when such vehicles are
used exclusively to provide transportation related to funeral services;
autobuses which are subject to the jurisdiction of the New Jersey
Department of Transportation; or autobuses required by federal or
State law or regulations of the New Jersey Department of Transportation
to carry insurance against loss from liability imposed by law on account
of bodily injury or death.
Includes any individual, copartnership, association, corporation
or joint stock company, their lessees, trustees or receivers appointed
by any court of competent jurisdiction.
Includes the location of the main place of business of the
"person" in the municipality where services are conducted, dispatched
or where drivers report for duty.
Includes any street, avenue, park, parkway, highway or other
public place.
[Ord. No. 11-16]
A.
No autocab shall be operated along any street in the Borough of Pompton
Lakes until the owner thereof shall obtain consent of the Borough
Mayor and Council and pay a fee for the issuance of a permit or license.
The fee for a permit or license shall be $50.
B.
No limousine shall be operated on any street in the Borough of Pompton
Lakes until the owner thereof shall obtain a corporate license, permit,
certificate or other form of authority if the limousine service is
providing service on a point to point, intra-municipal, basis within
the Borough. The fee for a permit, license, certificate or other form
of authority shall be $50.
C.
No limousine or autocab shall be operated on any street in the Borough
of Pompton Lakes unless the owner shall have complied with all state
laws relating to the ownership, registration and operation of automobiles,
and in the case of limousines, all state laws relating to the ownership
and operation of limousines, in the state.
D.
Every autocab and limousine permit, license, certificate or other
form of authority issued by the Borough shall expire on December 31
next succeeding the date of issuance thereof unless sooner suspended
or revoked by the Mayor and Borough Council.
[Ord. No. 11-16]
A.
The owner of an autocab shall execute and deliver to the Municipal
Clerk, simultaneously with the filing of required insurance documents
as further required herein, a power of attorney by which the owner
shall appoint the Municipal Clerk as the true and lawful attorney
for the purpose of acknowledging service of process from a court of
competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the filed insurance policy.
B.
The owner of a limousine shall execute and deliver to the Director
of the Motor Vehicle Commission of New Jersey, simultaneously with
the filing of required insurance documents as further required herein,
a power of attorney by which the owner shall appoint the Director
of the Motor Vehicle Commission as the true and lawful attorney for
the purpose of acknowledging service of process from a court of competent
jurisdiction to be served against the insured by virtue of the indemnity
granted under the filed insurance policy. A copy shall be provided
to the Municipal Clerk.
[Ord. No. 11-16]
A.
Autocabs.
1.
Autocab insurance - Municipal consent for the operation of an autocab
shall not become effective until the owner shall have filed with the
Municipal Clerk an insurance policy of a company duly licensed to
do business in New Jersey conditioned for payment of a sum of not
less than $10,000 to satisfy all claims for damages by reason of bodily
injury to or death of one person resulting from an accident and a
sum not less than $20,000 to satisfy all claims for damages by reason
of bodily injury to or death of all persons resulting from an accident,
by reason of ownership, operation, maintenance or use of such autocab
on any public street; and further conditioned to provide the payment
of a sum not less than $5,000 to satisfy any claim for property damages
to the property of one person resulting from an accident, and a sum
of not less than $5,000 to satisfy all claims for damages to property
of all persons on account of any accident, by reason of ownership,
operation, maintenance or use of such autocab on any public street.
Consent shall only be effective at such times as the insurance policy
shall be in full force and effect. The insurance policy shall provide
for the payment of any final judgment recovered by any person on account
of the ownership, operation, maintenance or use of such autocab on
any public street or any fault in respect thereto and shall be for
the benefit of every person suffering loss, damage or injury as set
forth herein.
2.
Autocab bond - If an owner operates more than one autocab, the owner
may file with the Municipal Clerk, in lieu of the above referenced
insurance policy, a bond or insurance policy of the company duly licensed
to transact business under the insurance laws of the State of New
Jersey, in the sum of $50,000, which shall be blanket insurance covering
all autocabs operated by the owner in the Borough and which shall
provide for the payment of any final judgment recovered by any person
on account of the ownership, maintenance or use of any such autocab
or any fault in respect thereto, and shall be for the benefit of every
person suffering loss, damage or injury as set forth herein.
3.
Where an autocab operates in more than one municipality, the insurance
policy or bond shall be filed with the Clerk of the municipality in
which the owner has the principal place of business and certificates,
in such number as may be necessary, certifying that the owner has
complied with all provisions of State law, shall be acquired by the
owner from said municipality and provided to the Municipal Clerk.
4.
In such cases where a corporation shall be exempt from the insurance
provision by State law, the owner shall provide a copy of the exemption
from the Commissioner of Insurance of the State of New Jersey to the
Municipal Clerk. If the owner fails to acquire the exemption or same
shall be revoked, the owner shall comply with the insurance/bond provisions
of the within section.
5.
Failure to comply with the insurance/bond provisions of this section,
state law, the power of attorney provision of this section or any
terms and conditions imposed by the Mayor and Borough Council may
result in the revocation of Borough consent after notice and hearing
before the Mayor and Borough Council.
B.
Limousines.
1.
No limousine covered by the provisions of this section shall be operated
on the streets of the Borough until the owner shall have filed with
the Clerk of the municipality in which the owner has the principal
place of business an insurance policy of the company duly licensed
to transact business under the insurance laws of the State of New
Jersey, in the sum of $1,500,000 against loss by reason of the liability
imposed by law on every limousine owner for damages on account of
bodily injury or death of any person as the result of an accident
occurring by reason of the ownership, maintenance or use of the limousine
upon any public street. The insurance policy shall provide for the
payment of any final judgment recovered by any person on account of
the ownership, maintenance or use of any such limousine or any fault
in respect thereto, and shall be for the benefit of every person suffering
loss, damage or injury as set forth herein. A copy of said insurance
policy shall be provided to the Municipal Clerk.
2.
In such cases where a corporation shall be exempt from the insurance
provision by state law, the owner shall provide a copy of the exemption
from the Commissioner of Insurance of the State of New Jersey to the
Municipal Clerk. If the owner fails to acquire the exemption or same
shall be revoked, the owner shall comply with the insurance/bond provisions
of the within ordinance.
[Ord. No. 11-16]
A.
Any autocab operated on the Borough streets shall be inspected by
and acceptable to the Borough Police Department prior to the issuance
of a certification of compliance by the Municipal Clerk.
B.
Any limousine subject to the provisions of the within section shall
comply with State law regarding the vehicle licensing and examination.
C.
Nothing in this section shall exempt any owner or operator of an
autocab or limousine from complying with any other law governing the
ownership, registration and operation of automobiles in this state.
[Ord. No. 11-16]
A.
Upon the filing of the required insurance policy or bond by an autocab
owner, the Municipal Clerk shall issue a certificate of compliance
in duplicate showing that the owner has complied with state law and
the terms of this section. The certificate shall recite the name of
the insurance company, the number and date of expiration of the insurance
policy or bond, a description of the autocab and the autocab registration
number. The duplicate shall be filed with the Motor Vehicle Commission.
The original shall be conspicuously posted within the autocab.
B.
In such event as the owner of a limousine has the principal place
of business within the Borough, upon the filing of the required insurance
policy by a limousine owner and the payment of a $50 fee, the Municipal
Clerk shall issue a license to operate in duplicate showing that the
owner has complied with state law and the terms of this section. The
license shall recite the name of the insurance company, the number
and date of expiration of the insurance policy, a description of the
limousine and the limousine registration number. The duplicate shall
be filed with the Motor Vehicle Commission. The original shall be
available for inspection by any police officer of the state. For owners
having principal places of business outside of the Borough, a copy
of the license to operate must be provided to the Municipal Clerk.
[Ord. No. 11-16]
A.
Applications for permits, consent or licenses shall be made by the
owner, lessee or bailee of the vehicle and shall be in writing, certified,
notarized and filed with the Municipal Clerk. Approval or denial shall
be made by the Mayor and Borough Council. The application shall be
in a form to be determined and provided by the Borough. The following
information shall be provided.
1.
Name, address and telephone of the owner, lessee or bailee of the
vehicle.
2.
Name, address and telephone of the applicant and the address and
telephone of the primary place of business.
3.
Vehicle description including VIN, vehicle license number and date
of last inspection.
4.
Length of time vehicle has been in service.
5.
Vehicle passenger capacity including driver.
6.
Name and address of insurance carrier and policy number.
7.
A copy of the vehicle state registration card.
B.
A licensee shall be a citizen of the United States or otherwise lawfully
permitted to work in the United States, a bona fide resident of the
State of New Jersey for at least one year prior to the license application
date and shall not have been convicted of a crime involving moral
turpitude. In the case of an application by any person set forth in
Subsection 5-22.1C who is not an individual, all of the owners, members,
shareholders, officers or partners shall be a citizen of the United
States or otherwise lawfully permitted to work in the United States,
a bona fide resident of the State of New Jersey for at least one year
prior to the license application date and shall not have been convicted
of a crime involving moral turpitude.
[Ord. No. 11-16]
A.
An autocab driver's license is required to operate an autocab in
the Borough. An initial license shall be effective and valid for the
remainder of the year in which it is issued. Licenses must be renewed
annually and shall expire on December 31 of each year.
B.
Applications for an autocab driver's license shall be made to the
Municipal Clerk and shall be approved or denied by the Mayor and Borough
Council.
C.
The application shall be in a form to be determined by and provided
by the Borough. The following information shall be provided. The application
shall be certified and notarized.
D.
The Borough license shall contain the name and address of the driver,
a physical description of the driver, a picture of the driver and
the signature of the driver and shall be carried by the driver at
all times during operation.
E.
The annual fee for the license shall be $20. A fee of $5 shall be
paid for annual renewals of said license. A fee of $20 shall be charged
for the replacement of any lost license.
F.
No license shall be issued to any person who does not possess a valid
driver's license of the State of New Jersey, is not 21 years of age
(which requirement may be waived by the Mayor and Borough Council),
is not a citizen of the United States or otherwise lawfully permitted
to work in the United States, is not a bona fide resident of the State
of New Jersey for at least one year prior to the license application
date or who has been convicted of a crime involving moral turpitude.
G.
Such license may be suspended or revoked by the Mayor and Borough
Council after notice and a hearing before the Mayor and Borough Council.
Any such license shall be returned to the Municipal Clerk if suspended
or revoked or if not renewed.
[Ord. No. 11-16]
A.
The Borough shall not issue or have in force more than 12 autocab
owner licenses at any time.
B.
The transfer of a license to another vehicle shall be governed by
the requirements of this section and requires the approval of the
Mayor and Borough Council after a request for same is made to the
Municipal Clerk. A licensee may, if the vehicle meets all requirements
of this section, temporarily operate the autocab after the request
is submitted, pending action by the Mayor and Borough Council.
C.
No autocab shall occupy any stand other than a stand designated in
the license or stand in any other place in the Borough.
D.
No driver of an autocab shall refuse to transport any orderly person
who agrees to pay the rate of fare. No person shall be admitted to
an autocab occupied by a passenger without the consent of the passenger.
E.
No driver of any autocab shall solicit passengers by driving upon
or along the streets or highways or such other places of the Borough.
F.
No autocab may be repaired or painted in a public autocab stand.
G.
The owner or driver of any autocab shall carefully search the autocab
within a reasonable time for property left within and deliver same
to the passenger, if possible, within 24 hours of the discovery. If
delivery to the passenger is not possible, such property shall be
delivered to the Borough Police Department.
[Ord. No. 11-16]
A.
Any person, persons or corporation violating any of the provisions of this section shall be liable to the penalty stated in Chapter 1, § 1-5, of the Borough Code, provided however, that when the maximum penalty fixed by an applicable state statute is less, by force of said statute or by judicial construction, than any penalty fixed by the Borough Code, then the limitations of such statute shall be applicable. The imposition of a fine, imprisonment or community service as punishment for violation of this section of the Borough shall not be deemed to be in lieu of any other provision herein providing for revocation or suspension of any license or permit issued by the Borough.
B.
Nothing in this section shall operate in contravention of state law
for violation of state statutes relating to autocab and limousine
ownership or operation.
C.
This enforcement provision is in addition to and not in lieu of any
other penalties set forth in this section.
[1983 Code § 175-1]
To establish rules and regulations, pursuant to N.J.S.A. 40:48-2.49
et seq., for the towing and storage of motor vehicles from a highway,
street or other public or private property by operators in the business
of towing and storing motor vehicles.
[1983 Code § 175-2]
The provisions of this section shall apply to those businesses
that engage in towing and storage of motor vehicles within the Borough
of Pompton Lakes through the Police Department.
[1983 Code § 175-3]
As used in this section:
A motor vehicle which the owner or operator leaves on a public
roadway and fails to notify the police or does not attempt to repair
and remove the same within a reasonable period of time.
A granulated or powdered substance used to soak up fluids
used in the operation of motor vehicles. A bag or container of absorbent
will be defined as weighing 50 pounds.
A motor vehicle which has been involved in an accident.
The cleanup and removal of small quantities of fluids used
in the operation of a motor vehicle which leak onto the ground.
The towing of a vehicle or the removal and transportation
of a vehicle from a highway, street or other public or private property.
The environmental boundaries of Pompton Lakes and all land
within.
The highest ranking sworn officer within the Pompton Lakes
Police Department.
The operation of a tow truck in and upon a roadway within
the Borough of Pompton Lakes to solicit vehicle towing and/or storage
business except in response to a police request.
Any motor vehicle which is unable to operate under its own
power.
Repairs which may be performed at the location of a disabled
vehicle, including, but not limited to, flat tire changing, jump-starting,
gasoline deliveries, etc.
The towing of any motor vehicle over 10,000 pounds gross
vehicle weight.
A tow truck with dual rear wheels and air brakes capable
of towing and wheel lifting large vehicles damage-free and which meets
the following minimum requirements:
The storage of a motor vehicle upon the order of the Police
Department at either the towing operator's storage area or at a Borough
facility as a result of abandonment, involvement in an accident, suspected
criminal activity and/or any violation of Title 39 of the New Jersey
Statutes or municipal ordinances.
Any wrecker/tow vehicle licensed pursuant to the provisions
of this section.
Any person, firm, partnership, association, corporation,
company or organization of any kind that has been issued a license
by the Borough, pursuant to this section, to provide wrecker/towing
services to the Borough.
Distance in miles that a tow vehicle travels while towing
a vehicle.
A vehicle carrier equipped with a wheel lift and roll back/tilt
bed with dual wheels capable of removing and transporting small trucks,
full-size vans or large passenger cars damage-free and which meets
the following minimum requirements:
A tow truck with dual rear wheels capable of towing and wheel
lifting small trucks damage-free and which meets the following minimum
requirements:
That care which is normally used to protect a motor vehicle
from further damage, including but not limited to the use of tarps
for environmental protection and security protection for storage areas.
Any motor vehicle storage facility that is not located within
an enclosed structure and that conforms to the following minimum standards:
The entire outside storage area shall be enclosed by a fence
of sturdy construction at least eight feet high, which may include
one foot of barbed wire, with at least one lockable gate for ingress
and egress, in accordance with Pompton Lakes local zoning regulations.
In the event the licensee is from another town, his local zoning laws
shall take precedence.
All entry points shall have a locking device.
The area shall have adequate lighting to protect stored vehicles
from vandalism.
The towing operator shall submit proof that he owns or leases
an area for the storage of a minimum of 20 vehicles within a fifteen-minute
response time to any call for towing or service within the Borough
of Pompton Lakes. Said proof shall include the deed or deeds to the
property or the leases to the same. The minimum storage area shall
be exclusive of any other obligations on the part of the towing operator.
A person, firm, corporation or partnership who owns and/or
operates a motor vehicle on the roads within the Borough of Pompton
Lakes.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
The Borough of Pompton Lakes Police Department.
The licensed place of business of the towing operator. The
towing operator shall maintain a place of business where trucks, in
response to police requests, are normally kept. The impound area shall
be located adjacent to, or be part of, the principal location and
shall comply with the local zoning ordinances. The principal location
must be staffed during business hours and shall maintain a clean,
comfortable waiting area with toilet facilities and an accessible
phone for use by patrons.
The procedure in which the tow operator applies his knowledge
in a skillful manner to preserve the condition of the motor vehicle
while moving the vehicle to a towable position; can be achieved by
several actions that may include but are not limited to winching and
rigging.
The sweeping and removal of all debris left on the roadway
as a result of an accident or incident.
The list of towers prepared by the Chief of Police from which,
each month, the on-duty tower for the month is designated.
Any twenty-four-hour day or any portion thereof, with a new
day beginning at 12:00 midnight.
Fees charged for the storage of motor vehicles.
The storage and/or holding of vehicles indoors or outdoors
by a licensee under the authority of this chapter.
A person, firm, corporation or partnership engaged in the
business of providing towing, road service and storage services for
motor vehicles.
Any vehicle towed by a licensed tower pursuant to this section
that is left unclaimed for a period in excess of seven calendar days.
The distance in miles traveled by a tow vehicle to a disabled
vehicle or the distance in miles traveled by a tow vehicle after dropping
off a vehicle out of town at the customer's request.
Every device in or upon or by which a person or property
is or may be transported upon a highway, except devices moved by human
power.
Additional time that a tow operator spends at the scene,
other than the time required for the actual tow and/or recovery. Examples
of waiting time may include but are not limited to emergency medical
services (EMS) which must be performed and/or police investigations.
The process of moving a motor vehicle, by the use of a cable,
from a position that is not accessible for direct hookup by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional
tow sling.
A vehicle driven by mechanical power and employed for the
purpose of towing, transporting, conveying, recovering or removing
any and all kinds of motor vehicles, which are unable to be and actually
are not operated under their own power from the place where they are
disabled to some other place, or any vehicle(s) which the Police Department
has ordered to be impounded. A tow vehicle must be manufactured by
a tow-truck manufacturer that is nationally recognized by the towing
industry.
A charge for a motor vehicle, towed into the storage facility
of the licensed tower, that is inoperable and must be towed from the
licensed tower's storage facility to a public street for towing by
a secondary tower.
[1983 Code § 175-4; amended 10-25-2023 by Ord. No. 23-30]
A.
Towing operators meeting the qualifications set forth below shall
submit an application, in writing, to the Municipal Clerk to be considered
for placement on a rotating list of towing operators. There shall
be a maximum of two towers on the list per year. In establishing the
list, first consideration shall be given to those persons or firms
who are presently utilized by the Police Department for this service.
B.
All applicants for a towing license, in order for the application
to be deemed complete, must provide the following accompanied by an
application fee of $25:
1.
The complete legal business name, business address, principal location
address and Department of Transportation (DOT) number.
2.
The complete home address, home telephone number, date of birth and
social security number of the applicant, if a sole proprietorship,
or the complete home addresses, home telephone numbers, dates of birth
and social security numbers of the principal officers and partners
if the licensee is a corporation or partnership.
3.
Photocopies of all registrations of every tow vehicle to be operated
by the applicant. If the tow vehicle is leased, the applicant is required
to submit a copy of the lease agreement.
4.
The names, addresses and telephone numbers of any persons possessing
any liens and/or encumbrances on the principal location.
5.
The name, address and telephone number of the applicant's insurance
carrier and photocopies of each certificate of insurance issued by
the carrier.
6.
Photocopies of all towing vehicle operators' current driver's licenses,
along with their social security numbers.
7.
Evidence demonstrating that the applicant has at least five years
of personal experience in the field of towing and storing of vehicles.
8.
Proof that the applicant has a principal location within a five-mile
radii of the border of the Borough of Pompton Lakes.
9.
Proof that the applicant's principal location meets all zoning requirements
applicable to the jurisdiction in which it is located.
10.
Proof that the applicant can guarantee a twenty-minute response time
on all calls with the exception of delays caused by unexpected traffic
or unusual conditions.
11.
The applicant shall provide an affidavit that the information given
in the application is true and correct.
12.
The applicant shall provide an agreement that, upon issuance of a
license, the licensee shall indemnify and hold harmless the Borough
of Pompton Lakes, its agents, servants and/or employees from and against
all claims of a third party relating to the towing and/or storage
service of the licensee.
13.
Applications will be processed according to the order in which they
were filed with the Municipal Clerk.
[1983 Code § 175-5]
A.
Applications received by the Municipal Clerk shall be referred to
the Chief of Police within five business days of receipt. The Chief
of Police or his designee shall initiate an investigation to be made
of the applicant and of its proposed business operation and shall
perform inspections of the vehicles to be licensed.
B.
As part of the Chief of Police's investigation of the license application,
a criminal background check, including submission of fingerprints
or other identifying information to the State Bureau of Identification,
and driver's abstract will be performed on all persons listed in the
application.
C.
The licensee and all employees must be trustworthy in that the licensee
must safeguard vehicles and personal property belonging to others
as well as secure and protect evidence when a vehicle is impounded
by the police due to an accident investigation or criminal activity.
Therefore, to protect the public interest, the Borough may disqualify
any applicant wherein an employee, owner, principal, agent and/or
officer has been convicted of a crime involving moral turpitude or
excessive moving violations or a substantial violation under this
section.
D.
The Chief of Police shall, within 30 days after the receipt of the
completed application, complete the investigation and inspection and
submit a written report to the Municipal Clerk. The report shall include
recommendations that the applicant be accepted or denied.
E.
The licensee shall notify the Municipal Clerk in writing of any criminal
charges, motor vehicle offenses or ordinance violations that are issued
against the licensee or its employees during the term of the license.
Failure to make the proper notification to the Municipal Clerk may
result in the revocation of the license.
[1983 Code § 175-6]
A.
Upon written notification by the Chief of Police to the Municipal
Clerk that an application has been reviewed and the police investigation
has been completed, the Borough Council shall at a public meeting,
consider the issuance of a license.
B.
Upon approval by the Borough Council, the Municipal Clerk of the
Borough of Pompton Lakes shall issue a license to the licensee pursuant
to this section.
C.
All towing licenses will be issued for a period of one year beginning
January 1 of each year and expiring on December 31. Applications for
license and license renewal are to be completed and returned to the
Municipal Clerk by September 1 of each year for a license for the
following calendar year. Licenses or renewals filed after September
1 will not be accepted for the following calendar year.
D.
The annual license fee shall be $100.
E.
Licenses are the property of the Borough of Pompton Lakes and may
not under any circumstances be assigned, leased, shared, transferred
or sold to another person, corporation or proprietorship.
F.
Upon the issuance of the license, the licensee may during the term
of the license advertise and place on his equipment that the licensee
is an authorized police tower for the Borough of Pompton Lakes.
[1983 Code § 175-7]
A.
The towing operator must be able to provide, 24 hours a day, seven
days a week, towing services for the Borough, on a rotating basis,
at the direction of the Chief of Police or his designee.
B.
The Chief of Police or his designee shall establish a monthly rotating
list. A tower that wishes to change his assigned month due to vacation
or conflict may do so with the approval of the Chief of Police or
his designee.
C.
The on-duty tower shall be called for the removal and storage of
the disabled vehicle. In the event that the on-duty tower is unable
to respond to calls or to respond in a timely manner due to unusual
conditions, the next tower on the rotating list shall be called.
D.
Cruising by a towing company's vehicles is not permitted.
[1983 Code § 175-8]
A.
The towing operator shall provide and maintain the following types
of insurance coverage to be obtained from insurance companies licensed
to do business in the State of New Jersey and shall provide the Township
with certificates of insurance evidencing proof of the following required
coverages:
1.
Automobile liability insurance in an amount not less than $750,000
single limit coverage per occurrence or accident for death or injury
to persons or damage to property for light and medium duty trucks
and $1,000,000 single limit coverage per occurrence or accident for
death or injury to persons or damage to property for heavy duty trucks.
2.
Workers' compensation as required by statute.
3.
Garage keepers liability insurance in an amount not less than $200,000
single limit coverage per occurrence.
4.
Garage liability in an amount not less than $2,000,000 combined single
limit.
5.
Comprehensive general liability in an amount not less than $2,000,000.
B.
Policies shall be endorsed to provide collision coverage for vehicles
in tow.
C.
On all policies except workers' compensation, the Borough shall be
named as an additional insured.
D.
All policies must contain a provision requiring notification to the
Borough of any policy cancellation or revision at least 30 days prior
to either cancellation or revision.
E.
The towing operator shall provide an excess or umbrella liability
insurance policy in the amount of $2,000,000.
[1983 Code § 175-9]
A.
The equipment to be used by the towing operator shall meet the following
requirements:
1.
All equipment must be of the type, condition and design to efficiently
perform the work required by the Borough of Pompton Lakes.
2.
A licensee, when filing an application
and at all times while holding a license under this section, shall
own or lease for use in performing the services required by the license
the following pieces of equipment:
(a)
Regular wrecker service: a minimum of two trucks (one light-duty
wrecker, one medium-duty flatbed, one medium-duty wrecker, one heavy-duty
wrecker).
(b)
Heavy-duty wrecker service: a minimum of one heavy-duty wrecker.
It shall not be a requirement that each operator maintain a heavy-duty
wrecker. Only those operators that maintain a heavy-duty wrecker in
addition to the regular wrecker service equipment shall be placed
on the heavy-duty wrecker call-out list.
B.
The following safety equipment shall be carried on all towing trucks:
1.
Chains and tie-downs to secure vehicles.
2.
A snatch block.
3.
An auxiliary safety light kit to be placed on the rear of a towed
vehicle that does not have functioning taillight flashers.
4.
Rotating or flashing amber emergency lights mounted on top of truck.
(A state-issued permit is required and must be in the truck.)
5.
Two white work lights facing from the rear of the truck.
6.
One shovel and broom.
7.
A total of 50 pounds of absorbent.
8.
Jumper cables or a jump box.
9.
A steering wheel tie-down.
10.
A toolbox with assorted hand tools normally used to conduct emergency
roadwork and towing.
11.
Two reflectorized traffic safety vests.
12.
One five-pound A-B-C-rated dry powder fire extinguisher.
13.
One flashlight.
C.
Every towing firm shall ensure that personal protective equipment
is provided, used and maintained whenever it is necessary by reason
of hazards of processes or environment encountered in a manner capable
of causing injury or impairment in the function of any part of the
body through absorption, inhalation or physical contact. More specifically,
the towing firm shall provide a reflectorized traffic safety vest
which shall be properly worn as the outside garment by all employees
performing work while on a roadway, 24 hours a day.
D.
The towing operator shall provide all trucks with a shovel, broom
and other equipment necessary to clean up broken glass and debris
from the scene of any accident to which they are summoned. The towing
operator shall be responsible for the subsequent cleanup. Each truck
shall have a minimum of 50 pounds of absorbent for oil and/or any
other liquid, except gasoline, that might be spilled onto a roadway
as a result of an accident. If gasoline is spilled as a result of
any accident, it shall be the responsibility of the Police Department
to notify the Fire Department for immediate removal. Absorbed liquids,
other than gasoline, shall be removed from the roadway by the tower,
placed in plastic bags and then placed in the towed vehicle by the
towing operator and shall be disposed of by the owner of said vehicle.
E.
All trucks used by the towing operator shall be kept in a clean,
good-working condition. The towing operator shall have displayed on
all of his trucks in such a manner and of such lettering as conforms
to the provisions of N.J.S.A. 39:4-46.
F.
Each towing operator shall furnish the following information with
respect to the aforementioned trucks: the make, model, year and registration
number of each truck and the DOT number. A photostatic copy of each
registration and insurance card shall also be included. For leased
trucks, the towing operator shall be required to furnish a copy of
each lease. Only trucks listed shall be used by the towing operator.
[1983 Code § 175-10]
The towing operator shall have a storage area that meets the
following requirements:
A.
The outside area used for storage of vehicles shall be paved or stoned.
B.
Signs which readily identify the storage facility and which comply
with all applicable laws and local zoning regulations shall be installed.
C.
No towed vehicle shall be parked upon a public or private street
or sidewalk. Said vehicle shall be stored by the towing operator within
the licensed storage area so provided.
D.
The entire outside storage area shall be enclosed by a fence of sturdy
construction at least eight feet high, which may include one foot
of barbed wire, with at least one lockable gate for ingress and egress,
in accordance with Pompton Lakes local zoning regulations. In the
event the licensee is from another town his local zoning laws shall
take precedence.
E.
The impound area shall be properly lighted from dusk to dawn and
must be properly safeguarded from vandalism and/or theft.
F.
The Borough of Pompton Lakes Police Department shall be granted access
to any part of the impound area at any time, day or night, for the
purpose of inspection and/or investigation. This shall include indoor
and outdoor areas.
G.
A small storage area shall be set aside for vehicles that may be
involved in a police incident. In addition, an indoor secured area
shall be provided for at least one vehicle, when requested by the
police.
H.
The towing operator shall conspicuously post at his place of business
the fee schedule for storage and towing of vehicles.
I.
There shall be no piling of vehicles.
J.
The storage area shall be located adjacent to, or be part of, said
licensed principal location and shall comply with the local zoning
ordinances.
K.
The storage fees are the maximum storage charges per twenty-four-hour
period.
[Added 2-27-2019 by Ord.
No. 19-08]
[1983 Code § 175-11]
The employees of the towing operator shall meet the following
requirements:
A.
An employee of the towing operator shall under no circumstances be
deemed an agent, servant and/or employee of the Borough or represent
to the public that he is an employee of the Borough of Pompton Lakes.
B.
No person shall be employed by the towing operator unless he has
obtained a record check and has been approved by the Borough of Pompton
Lakes Police Department.
C.
The towing operator and his employees are prohibited from collecting
or attempting to collect a fee, commission, pay or charge other than
as provided for in this section.
D.
The name of the individual tow truck employee shall be listed on
the towing ticket/receipt.
E.
The towing operator shall indicate the number of employees who will
be on the day shift and the number to be assigned to the night shift,
on a seven-day-a-week basis, to the Chief of Police.
F.
The towing operator shall provide the Police Department with a list
of said personnel and copies of each operator's commercial driver's
license (CDL) and social security number.
G.
No towing operator shall employ, directly or indirectly, any employee
of the Pompton Lakes Police Department.
H.
No cruising by personnel shall be permitted.
I.
The licensee shall be responsible for basic environmental cleanup
and may charge the owner of the vehicle involved in the actual spill
a fee.
J.
The licensee shall be responsible for roadway cleanup, which shall
include but not be limited to removing broken glass and debris at
the scene of an accident, as per N.J.S.A. 39:4-56.8b, and may charge
the owner of the vehicle that created the debris a fee.
K.
The police officer at the scene of an accident or disabled vehicle
shall be in complete charge and shall be responsible to guarantee
that the scene is properly cleared and safe for traffic to resume
safely.
[1983 Code § 175-12]
A.
The following customary services are hereby authorized to be provided
by licensed operators.
1.
Basic tow (up to 8,000 GVW).
2.
Basic tow, medium duty (8,001 GVW to 18,000 GVW).
3.
Basic tow, heavy duty (18,001 GVW to 80,000 GVW).
4.
Waiting time per hour, billable in 15 minute increments.
5.
Brush cleaning, including debris that can be picked up by hand.
6.
Site cleanup (based upon number of 50 pound bags of absorbent used).
7.
Tarping to prevent weather damage.
8.
Crash Wrap to prevent weather damage.
9.
Winching (up to 8,000 pounds GVW) per hour billable in half-hour
increments.
10.
Winching (over 8,000 pounds GVW) per hour billable in half-hour increments.
11.
Specialized equipment: priced based upon type used.
12.
Labor billable per man per hour.
13.
Second truck billable by prevailing rate.
14.
Administration charge for vehicles involved in MVA (charge applicable
after three trips to storage yard).
15.
Storage (up to 8,000 pounds GVW).
16.
Storage (over 8,000 pounds GVW).
B.
Fees and rates for the towing and storage of motor vehicles shall
be established by resolution of the Mayor and Borough Council, which
rates shall be based on the usual, customary and reasonable rates
of operators towing and storage of motor vehicles in the Borough.
C.
Fees and rates for the towing and storage of motor vehicles shall
be reviewed by the Chief of Police on an annual basis, and shall be
revised yearly by resolution of the Mayor and Borough Council. The
Chief of Police shall advise all towing services placed on the towing
list of any revisions.
D.
The fees and rates set by this section, and any subsequent revisions
thereto, shall be submitted to the Division of Consumer Affairs for
review and shall be made available to the public during normal business
hours of the Borough.
E.
The towing rate shall be calculated on the total distance traveled
from the tow vehicle's base of service to the job/tow site and return
by the shortest available route. Fractions shall be rounded up to
the nearest whole unit.
[Added 2-27-2019 by Ord.
No. 19-08]
F.
Tow vehicles transporting multiple vehicles simultaneously shall
receive applicable fees for each vehicle transported.
[Added 2-27-2019 by Ord.
No. 19-08]
G.
Every operator of a towing service shall, prior to the actual towing
or storage of any vehicle, give the owner a written estimate of costs
and a written receipt when paid, if requested.
[Added 2-27-2019 by Ord.
No. 19-08]
[1983 Code § 175-13]
A.
The towing operator shall maintain records of all vehicles towed,
stored and released by it. Records shall be kept for a four-year period.
These records shall include the name of the responding police officer,
name of towing employee, the date and time of tow-in, destination
towed, vehicle tag number and state, vehicle identification number,
make, model, color and year of vehicle, itemized charges to the owner
of the vehicle and the disposition of the vehicle and date thereof.
B.
The towing operator shall maintain a record of all property found
anywhere in the towed vehicle, including the trunk and glove compartment
when open and where a key is available.
C.
The Borough of Pompton Lakes shall, upon request, have access to
any and all of these records. The Police Department shall conduct
a quarterly audit of each tower's records and provide a written report
to the Municipal Clerk's office.
D.
The licensee shall notify the Pompton Lakes Police Department, in
writing, of any vehicle that is left unclaimed for a period in excess
of seven calendar days.
E.
The licensee shall prepare and issue to the owner/operator a written
itemized invoice for all services rendered under this section. The
invoice shall reflect the date, time, location and the employee that
performed the service and that the service performed was at the request
of the Borough of Pompton Lakes Police Department. A copy of the invoice
shall be retained by the licensee and filed in a manner that coincides
with the licensee's current filing methods and that will allow immediate
access to such record when requested by the Borough of Pompton Lakes
Police Department.
F.
The licensee must permit payment of fees by the use of at least two
major credit cards. The Borough will not be held liable for or assist
the licensee in the collection of any unpaid fees that were incurred
under the provisions of this section.
[1983 Code § 175-14]
A.
The licensee placed on the towing list shall be available to respond
to a call in accordance with the towing rotation schedule established
by the Chief of Police.
B.
All licensees shall respond to a call in any part of the Borough
within 20 minutes. If a licensee does not respond within 20 minutes
of a call, the licensee next on the list shall be called and entitled
to provide services as needed, and the first licensee shall lose any
claim to compensation.
C.
All drivers and operators of the licensee shall be properly licensed
to operate a motor vehicle within the State of New Jersey and are
subject to driver's license checks by the Borough Police Department
at the time of registration and at least on an annual basis thereafter.
All towing vehicles shall be properly registered and inspected in
accordance with any applicable law.
D.
All vehicles must be towed in a safe manner.
E.
All licensees shall be capable of providing reasonable roadside services
to disabled vehicles, such as, but not limited to, jump-starting,
changing of flat tires, and providing fuel. Such services will only
be performed if they can be done so safely, as determined by the police
officer on the scene.
F.
Upon request, all licensees shall make available a copy of their
basic rates and a business card to all owners and operators of motor
vehicles which will be towed.
G.
All licensees shall not remove any motor vehicle which has been abandoned
or involved in an accident in any public roadway without first notifying
the Borough Police Department.
H.
The Police Department shall not call a towing service to remove a
vehicle from private property. The Police Department shall provide
the property owner with all available information regarding the ownership
of the motor vehicle on his property, and the property owner will
then be responsible for making his own arrangements to remove the
vehicle.
I.
All licensees shall notify the Police Department of all vehicles
found by the towing service to have been abandoned and not claimed
within seven calendar days after being stored. The Police Department
shall, upon notification, expeditiously process the vehicle in accordance
with the New Jersey Motor Vehicle Code concerning abandoned and unclaimed
motor vehicles.
[1983 Code § 175-15]
A.
If a motor vehicle operator or owner wishes to have his vehicle towed
by a particular towing service, his request shall be honored, providing
the police officer in charge at the scene has not determined that
the motor vehicle in question is not involved in the following:
1.
The vehicle in not being impounded.
2.
The motor vehicle will not be removed in an expeditious or safe manner.
3.
The motor vehicle will jeopardize the public safety, in which case
the motor vehicle operator or owner shall be required to utilize a
compensated dispatch towing service.
4.
An emergency situation exists requiring immediate towing services
and the authorized police supervisor at the scene, in his/her sole
discretion, determines that such service can be obtained more quickly
from a firm other than the primary towing firm.
B.
The owner or operator of any motor vehicle required to be towed or
stored shall have the right to remove all personal items and effects
from the motor vehicle unless the Police Department has placed a police
hold on any such items.
C.
The motor vehicle owner or his representative shall have the right
to take photographs of any stored vehicle for insurance purposes.
D.
Upon request of the motor vehicle owner or his representative, a
towing service shall provide a detailed and itemized bill for all
services rendered.
[1983 Code § 175-17]
A.
Tow-truck drivers shall have and maintain a valid driver's license
for the tow vehicle that they operate. Drivers that operate heavy
duty wreckers shall have the following endorsements on their commercial
driver's license:
B.
Within two years of the effective date of this section (adopted 5-13-2009
by Ord. No. 09-05), all tow-truck drivers that operate tow vehicles
must obtain the Towing and Recovery Association of America (TRAA)
National Driver Certification Level 1 or other nationally recognized
certification. Drivers that operate a heavy-duty tow truck must obtain
the Level 2 certification.
C.
New employees shall have one year from their date of hire to obtain
the TRAA Level 1 certification or other nationally recognized certification.
During the initial year of employment, they may perform services as
listed under the provisions of this section, provided that the licensee
documents that he has trained the employee in the proper use of the
equipment he will operate.
D.
To perform any recovery operation, the licensee must have at least
one employee certified as a TRAA Level 3 or other nationally recognized
certification.
[1983 Code § 175-17]
A.
All complaints received by the Borough regarding a towing operator's
performance under the provisions of this section shall be investigated
by the Chief of Police or his designee and resolved to the satisfaction
of all parties. In the event that the complaint cannot be resolved
to the mutual satisfaction of the parties, the matter shall be submitted
to the Borough Administrator or his designee. The decision of the
Borough Administrator or his designee shall be final.
B.
The towing operator shall at all times comply with this section,
or the Borough shall remove the towing operator from the rotating
list after written notification from the Police Department and an
opportunity for a hearing conducted by the Borough Administrator.
C.
The Chief of Police is hereby designated to enforce the provisions
of this section in accordance with due process of law.
D.
The Chief of Police shall investigate and keep, and maintain for
a period of five years, a record of all complaints that are received
regarding the provisions set forth in this section.
E.
The Chief of Police has the authority to suspend any license at any
time for criminal activity, Title 39 violations or any violation(s)
of this section. When a license is suspended, the Chief of Police
shall forward a full report to the Mayor and Borough Council within
15 business days after said suspension. If the licensee objects to
the determination of the Chief of Police, the licensee may request
a hearing before the Borough Council. The licensee must notify the
Municipal Clerk in writing of a request for a hearing within 20 days
of the suspension notice issued by the Chief of Police. The Borough
Council, at the conclusion of the hearing, may affirm or reverse the
decision of the Chief of Police.
F.
The Chief of Police shall oversee all licensed wreckers to ensure
that they are kept in a safe condition. The Chief of Police may inspect
any or all licensed wreckers at any time. If at any time the Chief
of Police finds the equipment inadequate or unsafe, the Chief of Police
may demand immediate correction and suspend the wrecker license until
such time as the violation is corrected. Once a wrecker license is
suspended, all identifiers listing the wrecker as a Borough of Pompton
Lakes police wrecker shall be removed from the wrecker by the licensee.
[1983 Code § 175-18]
B.
In addition to any penalties that may be imposed by the Municipal
Court, the Borough Council may, after conducting a hearing regarding
the violation(s), terminate the license issued pursuant to this section
for repeated violations of this section.
C.
The Borough further reserves the right to impose sanctions and/or
terminate a towing firm's participation in this program for failure
to perform any aspect of this section properly and/or failure to properly
respond to calls for service. Any such failure without good cause
will be cause for sanctions and/or termination of participation in
this program.
[1983 Code § 99-2]
This section shall not apply to police officers; persons authorized
by law to carry a gun in the performance of their duty; members of
an organized rifle or shooting club which shall have been granted
a permit for an organized meet as hereinafter set forth; hunters or
fishermen properly licensed by the State of New Jersey when acting
in all respects in conformity with the laws of the State of New Jersey
concerning hunting and fishing; or members of an organized bow and
arrow shooting club; or to the shooting of bows and arrows to targets
on an established target range in a confined, protected area after
a permit for such shooting has been obtained as hereinafter set forth.
[1983 Code § 99-3]
The use of firearms and bows and arrows by a member of an organized club in accordance with the exception set forth in Subsection 5-24.1 hereof is prohibited unless the person so using the same shall have first secured a permit from the Municipal Clerk and approval from the Chief of Police of the Borough of Pompton Lakes as to location, responsibility and qualifications of the applicant, the manner of supervision of such shooting and such precautionary measures and protective devices as may be required for the safety of the applicant and other persons.
[1983 Code § 99-4]
[Ord. No. 2015-09]
This chapter shall govern all businesses in the Borough of Pompton
Lakes that offer tattooing, permanent cosmetics, and ear and body
piercing to the public with the exception of a physician who is authorized
by the State Board of Medical Examiners to practice medicine, pursuant
to N.J.S.A. 45:9-6 et seq. Under the authority of N.J.S.A. 26:1A-9,
the provisions of this chapter are enforceable by the New Jersey State
Department of Health and Senior Services and the Pompton Lakes Health
Department.
[Ord. No. 2015-09]
A.
Any person desiring to construct, expand, alter, or operate a permanent
or temporary cosmetic, tattooing, or ear or body piercing establishment
shall apply in writing to the Borough Clerk for review and approval
before such construction, expansion, alteration or operation commences.
Such application shall include the following information:
1.
The applicant's legal name, home address and telephone number, full
business name, business address, post office address and telephone
number. The application shall also include whether the applicant is
an individual, partnership, firm or corporation. If the applicant
is a partnership, the names and addresses of the partners shall be
included on the application. If the applicant is a corporation, the
names and addresses of all corporate officers shall be included on
the application;
2.
Applications must be accompanied by a non-refundable license fee
as set forth in this chapter;
3.
A statement of approval from the municipal agency responsible for
the administration of planning, zoning and building ordinances for
the proposed construction or expansion of the body art establishment;
4.
A complete description of all services to be provided, the proposed
hours of operation, the name of the operator and the names of all
practitioners and their exact duties, a copy of the informed consent
for each procedure;
5.
The names and addresses of all manufacturers of processing equipment,
instruments, jewelry, and inks used for any and all body art procedures;
6.
The make, model and serial number of the applicant's steam autoclave
shall be printed on the back of a photograph of the autoclave;
7.
A copy of the manufacturer's specifications for operation of the
autoclave;
8.
A certificate of current professional malpractice liability insurance;
9.
All construction, expansion or alteration to the building, structures,
and facilities used by the public shall comply with the Barrier Free
Sub-code, N.J.A.C. 5:23-7.1 et seq.; and
10.
All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
B.
Plans and specifications must accompany the application and shall
illustrate the location of the proposed establishment and a floor
plan of the establishment as it is proposed to be operated. An exact
inventory of all processing equipment as it is to be used. Plans shall
indicate the layout of the reception area, the procedure areas, the
cleaning and sterilization area, the storage area and the toilet facilities,
in accordance with the requirements set forth in N.J.A.C. 8:27-1.1
et seq.;
1.
All construction, expansion or alteration to the building, structures,
and facilities used by the public shall comply with the Barrier Free
Sub-code, N.J.A.C. 5:23-7.1 et seq.; and
2.
All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
[Ord. No. 2015-09]
A.
No body art establishment shall be permitted to open for operation
until the Municipal Clerk has given formal approval by issuance of
an appropriate license. All licenses shall expire on December 31st
of each year.
1.
The license shall be displayed in a conspicuous place on the premises
where it may readily be observed by all clients.
2.
No person shall operate a body art establishment whose license has
been suspended or revoked.
3.
Proof of professional malpractice liability insurance for each practitioner
shall be provided to the Municipal Clerk as part of the initial and
renewal license application.
4.
The operator shall provide a current copy of a negative biological
indicator test result to the Health Department as part of the initial
license application.
[Ord. No. 2015-09]
A.
The Health Department shall inspect every body art establishment
as often as the Health Department deems necessary using an inspection
report form approved by the Department of Health and Senior Services.
1.
A representative of the Health Department shall provide proper identification.
2.
During all hours of operation, the operator shall permit access to
all parts of the establishment and all pertinent records required
for the inspection shall be made available to the Health Department
representative for review.
3.
An inspection report shall identify in a narrative form any violations
of this section and shall be cross-referenced to the section being
violated.
4.
Results of the inspection shall be made available to the public upon
request.
5.
Should an establishment be found to be in violation of N.J.A.C. 8:27-1.1
et seq. or other provisions of this section and the Health Department
determines that a re-inspection is necessary, a re-inspection fee
as set forth in this section, shall be required to be paid by the
operator for every re-inspection performed until the violation(s)
have been corrected within the time prescribed by the Health Department.
The fee shall be paid within 10 days of the notification of the said
re-inspection requirement.
[Ord. No. 2015-09]
All provisions of N.J.A.C. 8:27-1.1 et seq., as may be amended
and supplemented, are hereby incorporated and adopted by reference
as though they were set forth verbatim and at length herein.
[Ord. No. 2015-09]
Each violation of any provision of this section shall constitute
a separate offense and shall, upon conviction, be punishable by a
penalty of not less than $100 nor more than $1,000 and/or the suspension
or revocation of the license to operate.
[Ord. No. 2015-09]
|
Annual License Fee to operate Body Art Establishments
|
$200
|
|
Re-inspection fee per Re-inspection
|
$100
|
[Added 10-27-2021 by Ord. No. 21-27]
No delivery of any kind between the hours of 10 p.m. and 6 a.m.
shall be permitted in any residential zone within the Borough or within
50 feet of any residential property within the Borough of Pompton
Lakes. No delivery vehicles shall be parked on a Borough street or
at any business covered by this section during the hours when deliveries
are prohibited.
[Added 10-27-2021 by Ord. No. 21-27]
Any person making a delivery and/or any business accepting a
delivery in violation of this chapter shall be subject to a fine in
the amount of $500 for the first offense and $1,000 for any subsequent
offense.
