Editor's Note: For licensing of dogs, goats and pigs, see Chapter 5, Animal Control.
[Ord. #381, S 2]
No person shall engage in, or carry on, any business, commercial
or professional activity, an industry, or an occupation, in the Borough,
without first having registered with the Borough or without complying
with any and all provisions concerning the same contained in this
section, or in any other related Ordinance adopted by the Borough.
For the purpose of this section, a person shall be deemed to be engaging
in a business, commercial or professional activity, an industry, or
an occupation when he sells any goods or services; solicits business
or offers goods or services for sale or hire; or acquires or uses
any vehicle, machine, or device on any premises in the Borough for
any of the purposes. Any agent, servant, employee or any other representative
of a corporation, partnership, individual, natural person, joint venture,
society, association, club, trustee, trust or unincorporated group
shall be personally responsible for compliance with this section by
his principal and by the business he represents.
A single registration shall be required for business entities
operating from the same address in the Borough, provided that all
of the entities included on a single registration have the same majority
owners or shareholders, and provided that each individual or party
owning more than 50% of any of the entities is listed on the Registration
Application. No registration shall be required of an entity based
outside of the Borough if the entity is called into the Borough for
the purpose of performing work duties or providing services at a site
in the Borough, but this sentence shall not exempt any such entity
from registering under any Solicitation Ordinance or other Ordinance
of the Borough if the entity is otherwise covered by the provisions
of any such Ordinance. Registration shall be required for all activities
encompassed in this section regardless of the intended duration of
the activity in the Borough.
[Ord. #381, S 3; Ord. #O-96-4]
Application for registration of a business, commercial or professional
activity, an industry, or an occupation shall be made to the Borough
Clerk or Borough Registrar of the Borough of West Long Branch, Monmouth
County, New Jersey. The application shall specify the name and address
of any person owning or controlling an interest of more than 50% in
each entity or for which registration is being made, or in the event
there is no such person owning or controlling a majority interest,
the name and address of at least one person who has an ownership interest
in the activity; the nature of the activity or activities; the name
and address and telephone number of the person in charge of the activity
in the Borough, a certification that to the best of the applicant's
knowledge, information, and belief the activity is in compliance with
all applicable Statutes, Ordinances, Rules and Regulations; and other
information which the Borough Clerk or Borough Registrar shall require
for purposes of enforcing this section. Upon the filing of the application
and the payment of the fee prescribed herein, a Registration Certificate
shall be issued to the applicant, which Registration Certificate shall
bear the name of the entity to whom it is issued, the nature of the
activity being registered, and the location at which the activity
is to be conducted. No rebate or refund of any registration fee, or
any part thereof, shall be made by reason of retirement of a registrant,
or by reason of a change of location, or by reason of fire, or other
accident, or other casualty, or for any other reason.
[Ord. #381, S 4; Ord, #O-96-4; Ord. #O-03-4, S 1]
All registration fees shall be due and payable to the Borough
Clerk or Registrar, as the governing body shall direct, at Borough
Hall on the first day of June in each year, and all such registrations
shall expire on the 31st day of May following. The registration fee
for conducting or engaging in any activity regulated by this section,
or for using any wagon, vehicle, stand, store, place, or thing for
sale of any goods, things, or services shall be $50 per year for the
original registration, payable in advance, and $30 per year for each
renewal, payable in advance. The application fee for any registration
certificate requested to be effective after January 1 and before May
31st of any year shall be $25, payable in advance, which registration
certificate, when issued, shall expire on May 31st of that year.
[Ord. #381, S 5; Ord. #O-96-4]
The Borough Clerk or Borough Registrar may issue a special registration
certificate, and authorize the waiver of the payment of registration
fees or other charges, to public, charitable, educational, literary,
fraternal, religious, or other non-profit organizations for the conduct
or operation of a non-profit enterprise for a public, charitable,
educational, literary, fraternal, religious or other similar purpose.
However, the applicant shall submit the usual application form in
the manner required in this section, and shall operate in accordance
with all other requirements if granted a special registration certificate.
[Ord. #381, S 6; Ord. #O-96-4; Ord. #O-03-4, S 2]
Prior to April 30 of each year, the Borough Clerk or Borough
Registrar shall mail to all valid registrants of the Borough a statement
of the time of expiration of the registration certificate held by
the registrant, a renewal application, and specify the amount of the
renewal fee. However, the failure of the Borough Clerk or Borough
Registrar to send out such notice, or the failure of the registrant
to receive it, shall not excuse a registrant for failing to obtain
a registration certificate, nor shall it be defense in an action for
operating without having property registered.
[Ord. #420, S 1]
Any person holding a valid license issued by the Monmouth County Clerk in accordance with the provisions of N.J.S.A. 45:24-9 shall be exempt from the payment of any fees required for registration under Sub-section 4-1.3. This exemption shall only apply to the payment of fees, and shall not exempt the holder of any such license from the obligation to register in accordance with the requirements of this section.
[Ord. #381, S 7; Ord. #O-94-14; Ord. # O-96-4; amended 3-21-2018 by Ord. No. O-18-2]
This section shall not apply to religious, charitable, eleemosynary,
educational and scientific programs, and related activities conducted
by bona fide organizations or institutions that have been declared
tax exempt as religious, charitable, eleemosynary, educational, or
scientific organizations or institutions by the State of New Jersey
and the Internal Revenue Service, to approved Fire Departments and
West Long Branch Emergency Medical Services, Inc., to duly authorized
cemetery associations, or to duly authorized Boards of Education,
provided the exempted entity has a specific location within the Borough
from which the entity is conducting its activities. This section shall
also not apply to any activity that is within the jurisdiction of
the New Jersey Legalized Games of Chance Control Commission, or any
successor thereof, or to a "garage sale" or related activity that
has been duly registered with the Borough Clerk or Borough Registrar
in accordance with any applicable section. This section shall also
not apply to any person who holds a license or certification issued
by any department, board, commission or other agency of the State,
excepting real estate brokers selling at auction.
[Ord. #381, S 8]
The acceptance of registration application or fee, or the issuance
of a registration certificate or special registration certificate,
or renewal thereof, shall not be construed or considered as the approval
by the Borough of the use or activity being conducted by the applicant
or registrant. It shall be the obligation of the applicant or registrant
to comply fully with all applicable Statutes, Ordinances, Rules and
Regulations, and to obtain from all governmental agencies all consents,
permits, and approvals required in order for the applicant or registrant
to lawfully conduct its activity.
[Ord. #381, S 9; Ord, # O-96-4]
Any registration certificate or special registration certificate issued by the Borough Clerk or Borough Registrar may be revoked by the Borough Clerk or Borough Registrar or Borough Council at any time during the life of such registration for any violation by the licensee of any provisions of any Statute, Ordinance, Rule or Regulation relating to the Registration, or the subject matter of the registration, or the premises occupied, or the service provided, or the vehicle or thing used; and such revocation shall be in addition to any penalty imposed pursuant to Subsection 4-1.10. It shall be the duty of any person conducting any registered activity in the Borough to keep the current certificate available for public inspection at all times at the premises, vehicle, or thing used for such activity.
[Ord. #381, S 10]
The primary party responsible for enforcement of this section
and the issuance of a Complaint for any violation thereof, shall be
the Zoning Officer of the Borough. However, any other Borough official,
police officer or interested personnel shall also be authorized to
issue a complaint for any violation of this section.
[Ord. #381, S 11]
[Ord. #381, S 12]
As used in this section:
Shall mean and include the duly appointed or acting Borough
Clerk, Deputy Borough Clerk, or any designated representative of the
Borough Clerk.
Shall mean and include, but shall be limited to a business,
a trade, a calling, a profession, an industry, an occupation, a vocation,
and a commercial activity.
Shall mean and include, but shall be limited to, an individual
person, a firm, an association, a partnership, a corporation, a joint
venture, a society, a club, a trustee, a trust or an unincorporated
activity.
[Ord. #381, S 14; Ord, # O-96-4]
Any person aggrieved by any action of the Borough Clerk or Borough
Registrar in the administration of this section or any person seeking
an interpretation of any provision of this section, shall have the
right to file a written appeal with the Mayor and Borough Council
within 10 days of the date of the action complained of by the appellant.
The appeal shall be decided by the Mayor and Council within 45 days
from the date of the filing of the appeal. The appeal shall be determined
upon a review of the application, the Borough Clerk's or Borough Registrar's
file, appeal papers and other filed documents in the particular appeal,
unless the Mayor and Council in their discretion determine to permit
the public presentation of additional evidence of oral argument or
both. A copy of the Resolution adopted by the Mayor and Council deciding
the appeal shall be forwarded by regular mail, postage prepaid, to
the appellant within 10 days of the date of the decision by the Mayor
and Council.
[Ord. #453, S 16]
The acceptance by the Borough of West Long Branch or any of
its employees of a commercial and professional registration and/or
the acceptance of the fee of the same shall in no way be considered
approval by the Borough of the operation of the business sought to
be registered. The act of registration shall not negate the property
owner's responsibility to comply with all provisions of the Zoning
Code of the Borough of West Long Branch as well as all requirements
made in the ordinary course by an Official or Subcode Official of
the Borough of West Long Branch.
[Ord. #485]
[Ord. #153, S 1; Ord. #O-94-11; Ord. No.
O-2017-9 § 5]
As used in this section:
Shall mean a person who goes from place to place, house to
house, or person to person, selling or taking orders for or offering
to sell or take orders for goods, wares, merchandise or any article
for future delivery or for services to be performed in the future
for the making, manufacturing or repairing of any article or thing
whatsoever for future delivery or for the solicitation of money for
any purposes whatsoever. Soliciting shall include attempts to purchase,
directly or by third party, as well as to sell.
[Ord. No. O-2017-9 § 5]
Shall mean any person who goes from place to place by traveling
on the streets or from house to house and carries with him goods,
wares or merchandise of any description for the purpose of selling
and delivering them to purchasers.
Shall mean a person who deals in buying and selling old iron
or other metals, glass, paper, cordage or other waste or discarded
material.
Shall mean a person commonly referred to as either a transient
merchant or itinerant vendor who engages temporarily in business in
this Borough by occupying a room, building, tent, lot or other premises
for the purpose of selling goods, wares and merchandise. Transient
merchant shall also include any person who conducts any traveling
or street show carnival or circus and in connection therewith sells
or displays for sale any goods, wares or merchandise.
[Ord. #153, S 2]
The purpose of this section is to prevent unfair competition, dishonest business practices and fraudulent solicitation by the regulation of transient merchants, hawkers, peddlers, junk dealers, solicitors and canvassers as defined in Subsection 4-3.1.
[Ord. #153, S 3]
It shall be unlawful for any transient merchant, hawker, peddler,
junk dealer, solicitor or canvasser to sell or dispose of or to offer
to sell or dispose of any goods, wares, merchandise or publications
or to solicit money within the Borough without first applying for
and securing a license as hereinafter provided.
[Ord. #153, S 4; New; Ord. #O-94-11; Ord. #O-02-11, S 2]
The requirements of this section as to payment of a license
fee or the obtaining of a permit shall not be construed to apply to
the following persons:
a.
Any person selling fruits, vegetables or farm products grown by himself
with or without the help of others;
b.
Any person honorably discharged from the Military Service and holding
a County Clerk's certificate;
c.
Any person who conducts a judicial sale under the authority of State
or National laws;
d.
Any person who is an exempt member of a volunteer fire company as
defined in Revised Statutes of New Jersey 45:24-9;
e.
Any person soliciting for a recognized religious or charitable organization,
volunteer fire company or first aid squad.
f.
Children under the age of 17 engaged in the sale or delivery of newspapers
published in the State of New Jersey and qualified as legal newspapers
within the meaning of R.S. 35:1-1 et seq.
[Ord. #153, S 5; Ord. #O-94-11; Ord. #O-02-11, S 3]
Any person desiring a license shall file with the Borough Clerk
an application containing the following information:
a.
For All Licenses:
1.
Applicant's name, home and business address and local address if
any;
2.
Place or places of residence of the applicant for the preceding three
years;
3.
The physical description of the applicant setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and any
other distinguishing physical characteristics;
4.
The name, address, and principal or registered office in this State,
if any, of the person for or through whom or under whose auspices
the applicant is authorized to conduct such activity or a statement,
if such be the case, that the applicant is engaged in such activity
solely in his own behalf;
5.
A brief description of the type of articles or services to be sold
or furnished and the purpose for which money is to be solicited;
6.
A statement as to the approximate amount of money to be collected
by the applicant and whether or not the same is to be in full or partial
payment for articles to be sold or services to be rendered;
7.
The length of time for which the license is desired;
8.
A Certificate of Authority issued by the director of the Division
of Taxation authorizing the applicant to collect sales taxes. Such
certification is required pursuant to N.J.S.A. 54:32B-15 for those
persons or entities selling property which is not exempt from sales
and use tax.
A statement as to whether or not the applicant has been convicted
of any crime or misdemeanor involving moral turpitude and if applicant
has been so convicted, the nature of the offense or offenses and the
penalty imposed therefor. If the applicant is not engaged in the proposed
activity solely in his own behalf, there must be attached to the application
a letter from the person for or through whom or under whose auspices
the applicant seeks authorization to conduct such activity, together
with sample copies of the order or receipt form or forms to be used
by him in connection with such activity.
b.
For Transient Merchant Licenses: In addition to the foregoing items,
the applicant shall file:
1.
A sworn statement of the true invoice of the amount, average quality
or kind and value of the goods to be offered for sale;
2.
A statement of the location of such goods by streets or number, and
whether on the premises from which it is sold or in warehouse;
3.
To the application must be attached, in the discretion of the Borough
Clerk, the bills or invoices of purchase of such goods.
c.
For Transient Merchant Peddler License: In addition to the foregoing
information, the applicant must show:
[Ord. #153, S 6; Ord. #O-94-11]
a.
For transient merchants, transient merchant peddlers, solicitors
requiring advance payment in whole or in part, and new merchants,
the Borough Clerk shall establish the character of the business by:
b.
The bond shall be declared forfeit upon conclusive proof of:
1.
Falsification in application for a license;
2.
Willful violation of any of the provisions of this section, or;
3.
Removal from the Borough within a year after opening the business
premises without payment of the license fee or fees required by transient
merchants or merchant peddlers. The bond of every merchant continuously
conducting a vending business for more than one year shall be cancelled
and no further bond shall be required of him under this section.
[Ord. #153, S 7]
a.
Following the filing of the application, the Mayor of the Borough
Council, or the Chief of Police shall verify the information respecting
the moral character of the applicant and shall signify his approval
or rejection on the reverse side of the form and the Borough Clerk
shall verify the financial information, approving or rejecting the
application on its reverse side. Upon verification of the application
and payment of the prescribed fee, the license therewith shall be
issued by the Borough Clerk.
b.
For all license classes, the license issued shall not authorize any
person, except the designated person named in the license, to engage
in business thereunder. The license shall not be transferable from
the person to whom issued, to any other person. A separate license
must be obtained by a licensed transient merchant for each branch
or separate place of business in which his business is conducted and
such license shall authorize the person to conduct business only at
the location which is indicated therein.
[Ord. #153, S 8]
a.
All licenses shall be issued on forms drawn in accordance with this
section. They shall be consecutively numbered. The license shall contain
blank spaces for writing in the name, the class of license granted,
the location of the business and the amount of fee paid.
b.
There shall be kept in the office of the Borough Clerk the necessary
books for recording the time the application for license is received,
showing its class, whether new or renewal, name of licensee, regular
number of blank form, when the application was approved by the Mayor,
or Chief of Police, and the Borough Clerk, the amount of fees received
therefor, and the date when the license was issued.
c.
The Borough Clerk shall monthly file a report with the Borough Council
showing the number of licenses granted by classes and the amounts
of fees received therefor. Each report shall state the number and
class of licenses suspended or revoked and the reasons for such suspension
or revocation. The Borough Clerk shall compile a summary of all licenses
granted under this section during a single year and report such at
the final meeting of the Borough Council.
[Ord. #153, S 9; Ord. #398, S 2; Ord. #O-96-14; Ord. #O-02-11,
S 4; Ord. No. O-2015-5]
a.
Every person holding a license or identification card, under this
section shall be required to carry the license or identification card
with him or at his business premises while engaged in the business
or solicitation licensed. He must produce the license at the request
of any official of the Borough. To every peddler granted a license,
the Borough Clerk shall either issue a license card, button or metal
plate, bearing the words, "licensed peddler, Borough of West Long
Branch," together with the number of the license and the year for
which it is issued. All automobiles, carts or other vehicles used
for peddling shall have affixed thereon the license. A transient merchant,
transient merchant peddler and new merchant must post a license certificate
in a prominent place of his business premises. The vendors of all
other classes shall, if the license is in the form of a button, have
the same affixed on the lapel of his or her coat or garment while
engaged in business. Persons soliciting money for a religious or charitable
organization shall at all times during each solicitation carry with
them and shall exhibit upon request the identification cards for which
provision is made above.
b.
No person required to register or secure a license pursuant to this
section shall conduct any activity prior to 9:00 a.m. on any day,
or after 6:00 p.m. on any day, unless the activity is being conducted
inside a building for which a valid Certificate of Occupancy for the
activity has been issued. The purpose of this restriction on hours
is to protect the residents of the Borough and the registrant and
licensee during the early hours of the day and during hours when it
is dark, at which times the conducting of the regulated activities
could unduly harass, intimidate and place in fear residents of the
Borough and the registrant and licensee. This provision is not intended
to restrict or prohibit any lawful activity from being conducted,
but is designed to balance the equities between the rights of the
person seeking to conduct the activities and the rights of the residents
of the Borough, to provide a safe environment for all concerned parties,
and to promote the orderly and efficient administration of this section.
Any person canvassing or soliciting on behalf of a person or organization
with a political objective, or on behalf of a political action organization,
may conduct such activity within the same time constraints set forth
earlier in this section.
[Ord. No. O-2015-5]
[Ord. #153, S 10; Ord. #O-94-11; Ord. #O-02-11, S 5; Ord. No. O-2017-9 § 9]
License fees shall be as follows:
a.
Peddlers. For each peddler, regardless of the method used for transporting
his wares and merchandise, $200 per calendar month; $50 for one week,
which is defined as running from Sunday to the following Saturday.
[Ord. No. O-2017-9 § 9]
b.
Transient Merchants: The sum of $500 per calendar year, except that
in the event the transient merchant shall operate in the nature of
a traveling or street show, carnival, or circus, that then, and in
such case the fee shall be $25 per day for each traveling show, carnival
or circus, and this fee shall apply whether such traveling or street
show, carnival or circus be held under canvas or buildings, or in
the open.
[Ord. No. O-2017-9 § 9]
c.
(Reserved)
d.
Junk Dealer: For each junk dealer, $50 per calendar month.
e.
For All Other Licenses: The fee shall be $500 per calendar year.
The fee for borough-run functions shall be $25 per day. Such fees,
however, shall not be charged to any organization or person acting
on behalf of a religious, charitable or political organization.
[Ord. No. O-2017-9 § 9]
f.
The permit fee for any vendors at any farmers market held by the
Borough or its commissions at any Borough-owned property shall be
a flat fee of $50 for the season. Season shall be defined as a calendar
year.
[Added 7-6-2022 by Ord. No. O-22-7]
[Ord. #153, S 11]
Any license issued hereunder may be suspended by the Borough
Clerk for any infraction or violation of the terms of the license,
or of any Borough Ordinance, State or Federal Statute, or falsification
in applying for a license. The suspension shall become effective by
the mailing of a notice to the address appearing upon said application
and shall state that opportunity for a hearing will be given at a
time certain, within 16 days from date of notice, before the Borough
Council, who upon a finding of such a violation, may revoke the license,
and in event of failure of licensee to appear, the license shall automatically
be revoked and cancelled.
[Ord. #153, S 12]
a.
Upon the expiration of any license issued under the provisions of
this section, the holder thereof shall surrender the same to the Borough
Clerk within 24 hours. Upon notice of the cancellation or revocation
of any license issued under the provisions of this section, the holder
shall surrender the same to the Borough Clerk within 24 hours after
notice of such cancellation.
b.
The holder shall have such permit in his possession at all times
and shall exhibit the same at any time upon request by a police officer
of the Borough or by any purchaser or prospective purchaser.
c.
The holder shall not canvass or solicit orders for any articles from
pedestrians or vehicular traffic on or adjacent to any public street,
avenue or highway within the limits of the Borough in such manner
as will interfere with the normal and usual use of such public street,
avenue or highway.
d.
The holder shall not enter in or upon any house, building or other
structure or any land or property, without the prior consent of the
owner or occupant thereof, where there is placed or posted on the
premises in a conspicuous position at or near the usual means of ingress,
a sign or other form of notice stating or indicating that the owner
or occupant thereof forbids or otherwise does not desire persons engaged
in such a similar activity to enter upon the premises.
e.
The holder shall give a written receipt to the purchaser, which receipt
shall be signed by the holder and shall set forth a brief description
of the article ordered, the total purchase price thereof, and the
amount of the payment, if any, received by the holder from the purchaser.
[Ord. #153, S 13]
This section shall not affect any person engaged in the delivery
of goods, wares, merchandise or other articles or things in a regular
course of business to the premises of persons ordering or entitled
to receive the same.
[Ord. #153, S 14; Ord. #O-94-11]
Any persons, required by this section to procure a license who violates the terms thereof or fails to comply with New Jersey R.S. 45:24-1 to 8, or who violates any of the provisions of this section shall upon conviction thereof, be subject to a penalty as established in Chapter 1, Section 1-5 of this Code.
[Ord. No. O-2017-9 § 1]
This section shall be known as the Borough's No Knock Ordinance.
[Ord. No. O-2017-9 § 2]
A registry shall be established in the Borough Clerk's office
which contains a list of addresses of those premises where the owner
or occupant has notified the Borough Clerk that he/she wishes to prohibit
persons and entities from canvassing, soliciting, peddling, itinerant
vending or attempting door-to-door sales on his/her premises.
[Ord. No. O-2017-9 § 3]
a.
Any owner or occupant who requests his/her property be listed on
the No Knock Registry shall be able to procure at no charge from the
Borough Clerk's office a sticker for display at his/her premises which
shall serve as notice that this property is on the No Knock Registry.
There shall be no charge for registering.
b.
If any premises is on the No Knock Registry, the owner or occupant
shall be obligated to post the sticker for display in a readily observable
location near the front door.
[Ord. No. O-2017-9 § 4]
a.
The list of addresses referred to in subsection 4-3A.2 shall be available
at the Borough Clerk's office during normal business hours, and shall
be updated monthly.
b.
Any person seeking to undertake any action referred to in subsection
4-3A.2 above shall be obligated to obtain a current up-to-date copy
of the registry. It is, therefore, the obligation of the canvasser,
solicitor, peddler itinerant vendor or door-to-door salesperson to
have the most up to date list from the registry.
c.
The Borough Clerk shall provide any person seeking to canvass, solicit,
peddle, act as an itinerant vendor or undertake any door-to-door sale
with a copy of the current registry.
[Ord. No. O-2017-9 § 5]
For purposes of this section, the definition of "soliciting" in Section 4-3 shall be expanded to include attempts to purchase, directly or by third party, as well as to sell.
[Ord. No. O-2017-9 § 6]
Any person who appears at a property on the No Knock Registry,
where the property has been so posted in accordance with subsection
4-3A.3 of this section, shall be considered to be in violation of
this section.
[Ord. No. O-2017-9 § 7]
The following persons are exempt from compliance with this section:
[Ord. No. O-2017-9 § 8]
Any person violating the terms of this section shall be subject
to the following penalties:
[Ord. #267, S 1]
No person shall conduct any commercial or business activity
on residential property in the Borough commonly known as "garage sales"
or any activity of like nature, except upon compliance with the provisions
of this section and upon first obtaining a license therefor as required
by this section.
[Ord. #267, S 2]
Any person desiring to conduct such garage sale or like activity
upon residential property in the Borough shall first apply to the
Borough Clerk for a license permitting such activity on such form
or application as shall be provided by the Borough Clerk for such
purpose.
[Ord. #267, S 3; New; Ord. #535]
Upon making application to the Borough Clerk for such license,
the person applying therefor shall pay a license fee of $5. The Borough
Clerk shall thereupon issue such license to the person applying therefor.
Nonprofit or charitable organizations applying for such permits shall
pay a license fee of $5. Such license shall permit the conduct of
a garage or similar type sale for a period not in excess of two consecutive
days. Such license shall be limited to not more than two per year
for each person, nonprofit or charitable organization or premises.
a.
No more than two garage sales shall take place within any one calendar
year at the same residence address.
[Ord. #267, S 4]
The license issued by the Borough Clerk shall be valid for a
period of 30 days following the date of its issuance. The sale may
be conducted by the applicant at any time within the 30 day period
subject to the requirement that the sale shall be on consecutive days
within the 30 day period.
[Ord. #267, S 5; Ord. #501, S 1]
No garage, flea market or similar type of sale or activity shall
be conducted pursuant to the license issued therefor except between
the hours of 9:00 a.m. and 5:00 p.m.
No items sought to be sold or to attract purchasers of such
sale shall be placed in such place on the premises as would be visible
to a passerby on any day other than the day on which the sale is permitted
pursuant to the license issued by the Borough. Specifically, no such
items shall be displayed the day before the scheduled sale date, and
no items shall remain on any day following the last scheduled date
of sale.
[Ord. #267, S 6]
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on said
premises nor permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises. All such persons shall
obey the reasonable orders of any member of the Police of Fire Departments
of the Borough in order to maintain the public health, safety and
welfare.
[Ord. #267, S 7]
[Ord. #O-05-12, S 1; Ord. # O-12-13]
This subsection provides for a town-wide garage sale day on
one day each year in the Borough of West Long Branch. The precise
day for the sale will be selected by the West Long Branch Recreation
Commission. In the event of rain, or significantly inclement weather
in the opinion of the Recreation Commission, the town-wide garage
sale day may be carried to a rain date, which rain date shall be pre-selected
by the Recreation Commission each year.
[Ord. #O-05-12, S 2]
There will be no fee charged for the one-day town-wide garage sale day, nor shall that day be counted toward the maximum number of garage sales per year for any individual property, as currently restricted in Subsection 4-4.3a.
[Ord. #O-05-12, S 3]
The hours restricted for garage sales in Subsection 4-4.5 shall apply to the town-wide garage sale day.
[Ord. #O-05-12, S 4]
All property owners who wish to take part in the town-wide garage sale day must apply for a permit through the Borough Clerk's Office, as required by Section 4-4.
[Ord. #O-05-12, S 5]
Any person conducting a garage sale in contravention of this section or its predecessor ordinance shall be subject to the penalties set forth in Subsection 4-4.7.
[Ord. #102, S 1]
As used in this section:
Shall mean the digging, excavating, removing or taking of
earth commonly known as gravel from any property for any purpose whatsoever
in the Borough.
[Ord. #102, S 2]
It shall be unlawful for any person to conduct the gravel business
in the Borough without first having obtained a license for that purpose
as hereinafter specified.
[Ord. #102, S 3]
Before any such license shall be issued, the person desiring
the license shall make written application to the Mayor and Borough
Council, giving the location of the property; a detailed description
of the premises as contained in the deed for the property; a detailed
statement as to how the business shall be conducted, and the statement
shall give the amount of gravel it is proposed to remove from the
property each month and the approximate depth to which the property
will be excavated; the area of the proposed excavation; together with
a statement by the applicant that if the license is issued the conditions
imposed upon the licensee by this section shall be carried out. The
application shall be accompanied by a surety company bond in the sum
of $5,000, guaranteeing the Borough that the requirements imposed
upon the licensee shall be carried out and strictly performed. After
an examination has been made of the property by the Mayor and Council,
and the bond as presented by the applicant is deemed to be of sufficient
surety and proper form as required by this section, and upon the Mayor
and Council being satisfied that the condition imposed upon the licensee
in this section shall be carried out, the license shall be issued
by the Borough Clerk.
[Ord. #102, S 4]
Each person or corporation holding a license under this section
shall carry out the following obligations:
a.
No excavation upon the property shall be made within fifty (50')
feet of the street or road line, nor within fifty (50') feet of the
property line of any adjoining owner.
b.
No excavation shall be made to a depth greater than five feet of
the level of the street line, or the level of the adjoining property.
c.
The property will be fenced of such height along the street line
and along the lines of the abutting property owners.
d.
Excavation shall be so left that no stagnant water can collect in
any excavated portion which will breed mosquitoes or cause other health
menaces.
e.
Proper measures will be taken so that rubbish will be collected on
the property, and that no rats or other rodents will breed upon the
same.
[Ord. #102, S 5]
The license fee for the license issued shall be $25 and all
licenses issued under this section shall expire on December 31, following
the date when so licensed, without regard to the time of the year
when issued, and the fees as herein fixed shall be the license fee
for the time, whether it be for all or a part of such license year.
[Ord. #102, S 6]
The license fees provided for in this section are imposed for
the purpose of revenue.
[Ord. #386, S 2]
a.
Any person who desires to own, operate, lease or maintain an alarm
system in the Borough shall file a Registration Application in writing
with the Chief of Police of the Borough on a form provided by the
Police Department. The application shall contain at least the location
of the alarm system; the name and address of the installer of the
device; the type of device; information relating to false alarms and
testing procedures; a list of the names, addresses and telephone numbers
of persons to be contacted in the event of an alarm, at least one
of whom shall have an address and phone number different than the
registrant; and such other information as may be required by the Chief
of Police. It shall be the registrant's affirmative obligation to
file a written amendment with the Chief of Police within 10 days of
the change of any information contained in the Registration Application.
b.
The Chief of Police shall issue a Registration Certificate for the
ownership, operation or maintenance of an alarm system to any person
desiring to own, operate, lease or maintain an alarm system if the
Chief of Police is satisfied that the registration information is
complete, and that the alarm system is capable of being operated in
conformance with this section. The Registration Certificate may be
granted subject to any special conditions stated thereon, if this
is deemed necessary by the Chief of Police.
c.
A Registration Certificate shall be valid for as long as the registrant
occupies the premises for which the Certificate has been issued, provided
all required amendments thereto have been filed. A Registration Certificate
shall automatically terminate upon a change in occupancy for the premises
for which the Certificate was issued.
d.
The Borough shall not charge any fee to any person filing a Registration
Application or an amendment thereto.
[Ord. #386, S 3; amended 3-21-2018 by Ord. No. O-18-2]
a.
The provisions of this section shall apply to any person who owns,
operates, leases or maintains any alarm system situated in the Borough
if the alarm system has an audible signaling device, or a device which
requires a response by the Police Department, Fire Department, West
Long Branch Emergency Medical Services, Inc., or other Borough Agency.
The provisions to this section shall in no way prohibit any person
or entity authorized to do so from providing service by private source
to persons within or without the Borough, so long as such activity
is not in violation of this section, and provided, further, that any
person owning, operating, leasing or maintaining a premises protected
by an alarm system shall be responsible for the registration thereof
in accordance with this section.
[Ord. #386, S 4]
All components of an alarm system shall be maintained in good
repair, and shall operate in a proper manner. When evidence exists
that there has been failure to comply with the maintenance and operation
requirements of this section, the Chief of Police shall then be authorized
to demand that such alarm system be disconnected until such time as
compliance with the provisions of this section has been established.
[Ord. #386, S 5]
The Chief of Police shall have the right to disconnect any malfunctioning
equipment from any alarm system until such time as the malfunction
has been corrected, and the alarm system is operating in accordance
with the provisions of this section.
[Ord. #386, S 6]
All audible signaling devices shall be equipped with a timing
device to limit the sounding of the signaling device to 15 minutes
or less.
[Ord. #386, S 7]
The Chief of Police shall have the authority to promulgate written
Rules and Regulations, subject to the approval by a Resolution adopted
by the Mayor and Council of the Borough, which Rules and Regulations
shall supplement this section, and provide for recordkeeping and the
efficient operation and management of alarm systems in the Borough.
[Ord. #386, S 8; Ord. #O-08-25]
In the case of a false alarm, or of improper maintenance or
operation of an alarm system, any person having knowledge thereof
shall immediately notify the Police Department. The Chief of Police
shall cause an investigation to be made of all false alarms, and of
all improper maintenance or operation of alarm systems, and shall
keep a record of such false alarms on file. For such false alarms,
this section prescribes the following penalties:
a.
For the first and second false alarm in any given calendar year,
a warning shall be issued.
b.
For the third false alarm in the same calendar year, a fine of $50
shall be paid to the Borough.
c.
For the fourth false alarm in a calendar year, a fine of $100 shall
be paid to the Borough.
d.
For the fifth or any subsequent false alarm in a calendar year, a
fine of not less than $250 nor more than $1,000 shall be paid to the
Borough.
e.
Where the investigation of the Police Department discloses a continued
disregard by the owner for taking remedial steps for avoiding false
alarms, or for continued failure to maintain or operate an alarm system,
the Chief of Police shall have the right to require disconnection
for a limited or permanent time of the alarm system, giving the owner
an opportunity to show cause before the Chief of Police why such action
should not be taken. A person aggrieved by the decision of the Chief
of Police shall have the right to appeal the decision to the Mayor
and Council.
f.
Any unauthorized equipment pertaining to an alarm system may be ordered
to be disconnected by the Chief of Police for noncompliance with this
section. Any placing, installing or maintaining unauthorized equipment
or failing to file a required Registration Application or amendment
thereto shall be a violation of this section, and shall be subject
to a fine not to exceed $50, which shall be paid to the Borough. Each
day such equipment is installed, or maintained, shall be considered
a separate violation. Any person placing, installing or maintaining
any alarm system shall be deemed as having consented to inspection
of the premises on which the alarm system is installed or maintained
at reasonable hours by the Chief of Police or his designated representative.
[Ord. #386, S 9]
As used in this section:
Shall mean any device, such as a bell, siren, whistle, horn,
gong, or klaxon, employed to call attention to, or provide warning
of, intrusion by any person, or by fire, smoke, flood, or other peril,
whether the same provides a visual or audio response, alarm, or warning,
if such warning is capable of being heard or received at any point
beyond the interior walls of the house, apartment, office, store,
industrial building or other structure in or on which the alarm system
has been placed.
Shall mean that type of automatic telephone dialing service
using the telephone system to transmit an alarm of intrusion, fire,
smoke, flood, or other peril, to the Police Department, or any third
party.
Shall mean any alarm device which, when actuated, produces
an audible signal to give a warning of intrusion, fire, smoke, flood,
or other peril.
Shall mean any person owning, operating, leasing or maintaining
an alarm system within the scope of this Ordinance, who has been issued
a Registration Certificate to operate and maintain such alarm system.
[Ord. #567, S 1]
For the purpose of this section, the following terms shall have
the meanings set forth herein:
a.
GARAGE - Shall mean any building or property other than a private
garage, available to the public, operated as a business and which
is used for the storage, repair, rental, lubrication, washing, servicing,
adjusting or equipping of automobiles or other motor vehicles and
which complies with the provisions of the Zone Ordinance of the Borough
of West Long Branch.
b.
TOWING APPARATUS - Shall mean a motor vehicle including but not limited
to a wrecker, tow truck or flatbed truck employed for the purpose
of towing, transporting, conveying and removing any vehicle without
causing damage to the vehicle being towed or transported.
c.
VEHICLES - Shall be deemed to include but not limited to automobiles,
trucks, tractors, trailers, motorcycles, minibikes, mopeds, go-carts,
trail bikes, buses, ski mobiles, farm equipment, or any other mechanically-powered
conveyance which shall be or become disabled, or required to be towed
from the scene of an accident or in order to safeguard the public
health, safety and welfare.
[Ord. #567, S 2]
No person, firm or corporation shall participate in the towing
of vehicles as directed by the Police Department within the Borough
without first having made application for and obtained the necessary
towing license as hereinafter provided from the Chief of Police.
[Ord. #567, S 3; Ord. #O-06-11, S 2]
Applications for licenses issued under this regulation shall
be made upon forms made available by the Chief of Police. The application
fee of $50, payable to the Borough, to cover administrative expenses
must be paid in full at the time of the submission of the completed
application. The application shall include the following information:
a.
The description by make, model, license number, year, vehicle identification
number and color of all towing apparatus for which licenses are requested,
together with the principal location at which the towing apparatus
will be maintained.
b.
The block and lot number and mailing address of the garage at which
the applicant has space available for properly accommodating and providing
for the security of all towed motor vehicles. The garage must be able
to accommodate at least 15 motor vehicles. The location of the garage
and the location where its wreckers are principally housed may not
be more than three miles from the West Long Branch Police Headquarters
located at 95 Poplar Avenue, West Long Branch, New Jersey.
c.
A letter from the Zoning Officer of the municipality in which the
premises is located verifying that the storage of motor vehicles is
a permitted use upon the premises where the garage is located. At
no time shall there be more vehicles stored upon the premises where
the garage is located than that permitted by the Zoning Ordinance
of the Borough of West Long Branch or municipality where vehicles
are stored.
d.
Certificates or required insurance.
e.
Fully executed employment nondiscrimination statement.
f.
Certification that applicant is in full compliance with all State
and Federal laws and regulations concerning wages, hours and terms
of employment.
[Ord. #567, S 4; Ord. #O-99-10, S 1; amended 10-3-2018 by Ord. No. O-18-10]
Applications shall be received by the Chief of Police no later
than September 15 of each year preceding the towing list year and
shall be acted upon in accordance with the other provisions of this
section. The Chief of Police shall be authorized to issue up to seven
towing licenses.
All licenses issued under this section shall expire on the last
day of December next succeeding the date of issuance. Prior to renewal
of any license issued hereunder, the Chief of Police shall conduct
a review of all license holders to assess their compliance with the
terms and provisions of the within section and of the Zoning Ordinance
of the Borough of West Long Branch.
[Ord. #567, S 5]
Within 30 days after receipt of an application, the Chief of
Police shall cause an investigation to be made of the applicant and
his proposed business operation and shall make or have made an inspection
of the towing apparatus proposed to be used in connection therewith.
All applicants and/or operators shall be finger printed, and a license
shall not be issued to a person convicted of a crime of moral turpitude.
The Chief of Police may delegate the inspection of the towing apparatus
to a person or persons, who shall make such an inspection and who
shall report to the Chief of Police whether the towing apparatus is
in a condition that will not interfere with the public health, safety
and welfare and complies with the requirements and standards of this
section. Upon completion of the investigation and inspection, the
Chief of Police shall either refuse to approve the application or
shall approve the application in accordance with the standards given
herein, and shall inform the applicant of his decision.
[Ord. #567, S 6; Ord. #O-06-11, S 3]
The Chief of Police shall approve an application when he finds
that the following requirements have been met by the applicant:
a.
The insurance policies as required have been procured and supplied.
b.
The applicant has at least one wrecker/tow truck in use and operation
in order to assure the efficient and diligent dispatch of towing apparatus
upon the request of the Police Department.
c.
The requirements of this section and all other applicable laws, statutes,
and ordinances have been complied with.
d.
All towing apparatus proposed to be used have been properly licensed
and conform to the State Motor Vehicle Laws.
e.
The towing apparatus to be approved meet the required minimum standards,
set forth herein.
f.
The towing contractor must be able to respond to all calls for service
by the West Long Branch Police Department in 15 minutes. Although
it is stated in other subsections of this section, failure to meet
this time requirement will initially result in the Police Department
calling the next wrecker in the rotation, however, any two failures
to comply with the required response time may result in the offending
wrecker service being dropped from the list and revocation of their
license.
g.
Payment of one hundred fifty ($150.00) dollar licensing fee.
[Ord. #567, S 7]
The following shall serve as a minimum standard for towing apparatus:
a.
A wrecker or tow truck or flatbed truck shall be capable of handling, removing and towing any vehicle as defined in Subsection 4-7.1 of this section and must have or be equipped with the following:
1.
All wreckers and towers and flatbed trucks shall have a minimum weight
of one ton according to the manufacturer's specifications.
2.
A power take off or an adequate electric-operated winch with a minimum
cable thickness of three-eighths (3/8") inch steel.
3.
A three-eighths (3/8") inch safety chain. The lift chain and the
safety are not to be attached in any form or manner to the same part
of the tow truck or wrecker of a flatbed truck.
4.
Front and rear flashing hazard lights.
5.
A three-hundred-sixty (360°) degree rotating amber beacon light
mounted above the cab or approved light bar.
(a)
Proper permits are required for the amber light and proof of
such permit shall be provided with the application for the towing
license.
6.
All lights shall be of such candlepower and intensity as to be visible
1/4 of a mile away.
7.
The company name, address, and phone number permanently affixed on
both sides of the wrecker or tow truck or flatbed truck. The letters
and numbers shall be a minimum of three (3") inches in height.
8.
An adequate motor vehicle car dolly for each wrecker.
9.
Approved towing slings.
10.
Broom and shovel.
11.
Commercial motor vehicle plates.
[Ord. #567, S 8]
a.
Each licensee shall obtain and provide proof of coverage for the
following policies of insurance naming the Borough, where applicable,
as an additional named insured prior to the issuance of the towing
license:
1.
Automobile liability in an amount not less than one million ($1,000,000.00)
dollars combined single limits.
2.
Garage keeper's policy covering fire, theft and explosion in the
minimum amount of one million ($1,000,000.00) dollars as well as collision
coverage for vehicles in tow.
3.
Garage liability in an amount not less than one million ($1,000,000.00)
dollars combined single limit.
4.
Miscellaneous coverage to provide complete protection to the Borough
against any and all risks of loss or liability including comprehensive
general liability.
Each insurance policy required herein must contain an endorsement
providing 10 days notice to the Borough in the event of cancellation,
revision or modification. The aforesaid insurance policies must be
in full force and effect for the entire time period the towing license
is issued and these insurance policies must be written by insurance
companies authorized to conduct business in New Jersey and have a
satisfactory rating from the Commissioner of Insurance.
b.
Prior to the issuance of a towing license, the licensee must duly
execute an indemnification agreement in which the licensee agrees
to indemnify and hold the Borough harmless from any and all loss or
damages, including but not limited to attorney's fees and costs of
suit, arising from the conduct of the licensee in the course of towing
or attempting to tow any vehicles pursuant to the terms of the license
granted.
[Ord. #567, S 9]
The Chief of Police or his designee is hereby authorized to
establish reasonable rules and regulations for the inspection and
operation of towing apparatus and for the design, construction, maintenance
and conditions for the safe conduct of a towing service business,
in accordance with the standards outlined in this section. All vehicles
shall be maintained in good working order and meet minimum safety
standards. If at any time the Chief of Police shall find the equipment
inadequate or unsafe or not complying with the Motor Vehicle Laws
of the State of New Jersey or in the event that the towing business
operator shall fail to comply with the provisions of the Zoning Ordinance
of the Borough of West Long Branch or the municipality in which it
is situated, he shall have the power to demand immediate correction
and, if not corrected to comply with the provisions of this section,
the Chief shall have the authority to revoke or suspend the license
and schedule a hearing relative thereto. The Chief of Police is also
hereby authorized and empowered to establish from time to time such
additional rules and regulations, not inconsistent herewith, as may
be reasonable and necessary in effectuating and carrying out the terms
and provisions of this section.
[Ord. #567, S 10]
An appeal of the Police Chief's ruling shall be filed with the
Borough Clerk within 10 calendar days of the Chief's decision. A hearing
may be held before the governing body within 30 calendar days of the
filing, with a ruling forthcoming from the Borough Clerk's office
within 20 calendar days of the conclusion of the hearing.
[Ord. #567, S 11; Ord. #O-99-10, S 2]
Every licensed owner of towing apparatus shall give the owner
of the vehicle a written receipt for the fee paid for the rendering
of any towing service hereunder. Copies of receipts shall be maintained
by the garage owner for three years and available for inspection by
authorized Borough officials. A copy of said laws will be provided
to all approved contractors. This section also seeks to assure the
timely dispatch of adequate towing equipment to scenes of accidents
and in other circumstances requiring the removal of vehicles in order
to safeguard the public health, safety and welfare. The Borough is
not liable to the tower for any of the services performed by the tower
unless those services are performed for municipal vehicles. The tower
shall proceed directly against the owner of the motor vehicle.
[Ord. #567, S 12; Ord. #O-99-10, S 6; Ord. #O-12-1, S 1]
A tow license hereunder shall be issued subject to the following
conditions:
a.
No person owning or operating a towing apparatus licensed under this
regulation shall permit or invite loitering within or near the towing
apparatus when in use.
b.
No person shall solicit, demand, or receive from any person any commission
or fee except the fee for transporting the vehicle to be towed.
c.
No person shall pay any gratuity, tip, or emoluments to any third
person not involved in the towing or removal of any vehicle or to
any police officer for any information as to the location of any accident
or for soliciting the employment of the operator's services.
d.
The holder of a towing license shall not release to anyone any motor
vehicle(s) towed by said license holder without first obtaining a
Towed Vehicle Release Form issued by the West Long Branch Police Department,
or a verbal release authorization from the Police Chief if that is
all that is required by the Police Department.
e.
The holder of a towing license shall forthwith and without delay
release to the owner thereof any motor vehicle which has been towed
or stored by said license holder upon payment of the towing and/or
storage fee and obtaining of a receipt for said vehicle from the owner
thereof, during reasonable hours of business.
f.
All towing personnel shall wear reflective gear or clothing while
outside their vehicles.
g.
In the event the Borough shall retain the services of a third-party
entity for the purpose of facilitating title transfers to unclaimed
or abandoned vehicles, then each holder of a towing license shall
be obligated, if and when requested, to provide the same information
required by ordinance to be given to the Borough or its Police Department
to the third-party entity.
[Ord. #567, S 13; Ord. #O-12-1, S 2]
a.
Vehicles Requested Towed by the Police Department. All companies
on the towing list shall maintain a record regarding all vehicles
towed at the request of the Police Department. This record shall be
made available to any police officer for inspection upon request and
shall contain the following information:
1.
The date, time, location, and name of the towing apparatus and the
name of the driver who towed at the department's request.
2.
The physical location of the vehicle after being towed.
3.
Identification of the towed vehicle to include make, year, model,
color, vehicle identification number, license number, and name of
the registered owner if known.
4.
Fee charged for such towing service and the manner in which said
fee was calculated.
5.
Each licensed tower shall maintain a timely record of all contacts
and attempted contacts between the tower and the vehicle owner, such
record to include the date of each contact or attempted contact, the
phone number called, the person spoken to, and the substance of each
contact.
b.
A list of all vehicles towed at the request of the Police Department
and presently stored shall be submitted to the West Long Branch Police
Department including the following:
c.
In the event the Borough shall retain the services of a third-party entity to facilitate title transfers to unclaimed or abandoned vehicles, all towing license holders shall be obligated, if requested, to provide the same information required to be given to the Police Department under Subsection 4-7.13 to the third-party entity.
[Ord. #567, S 14; Ord. #O-12-1, SS 3-7]
All tow/wrecker operators will be required to contact the registered
owner of the towed vehicle in order to facilitate promptly the removal
of said vehicle from the garage. Failure to notify promptly will require
the towing contractor to adjust their total storage charges as is
reasonable for their failure to notify. The tow operator will be required
to contact the registered owner via the postal service by registered
mail, after the vehicle has been at the garage for 15 days. If this
mail notification has not been performed, storage charges arising
after that period of time will not be charged. The towing contractor
may continue charging storage fees providing all conditions have been
met. A copy of the receipt, along with the time and date of telephone
conversations, will be maintained and be made available to the Police
Department immediately upon request. Failure to submit the required
information will result in the removal of the towing service from
the approved list and any request for storage fees will be subject
to critical examination. The West Long Branch Police will, at the
tow operator's request, supply related information as to the owners
of the vehicles, last known address and any other data that may be
of assistance.
a.
Third Party-Entity.
1.
Records to Third-Party. In the event the Borough shall retain the services of a third-party entity to facilitate title transfers to unclaimed or abandoned vehicles, then the documents required to be kept by towing license holders in accordance with subsection 4-7.14 shall also be provided to the third-party entity.
2.
Obligations of Third-Party Entity. The governing body is hereby authorized
to retain the service of a third-party entity, which entity shall
be responsible for facilitating the transfer of vehicle title certificates
for unclaimed or abandoned vehicles. If such third-party entity is
retained by the governing body, that entity shall be responsible for
keeping the following records, and providing the same to the West
Long Branch Police Department:
(a)
Proof of mailing of notice to vehicle owners, as required by
statute.
(b)
Bill of sale, also known as title certificate.
(c)
Auction documentation, if applicable.
(d)
Proof of publication of auction advertisement, if applicable.
(e)
Completed Abandoned Vehicle Sold at Public Sale by Public Agency
form.
(f)
Notice of unclaimed/abandoned vehicle on West Long Branch Police
Department letterhead, as provided.
(g)
Preparation of any further documentation necessary to facilitate
the transfer of titles for any unclaimed or abandoned vehicles.
3.
Term of Agreement with Third-Party Entity. If the governing body
shall determine to retain the services of a third-party entity to
facilitate the transfers of titles to unclaimed or abandoned vehicles,
the governing body shall have the option of entering into an agreement
for a period of one, two or three years.
4.
Mandatory Use of Third-Party Entity. If the Borough retains the services
of a third party to undertake the record keeping and paperwork for
title transfers of abandoned or unclaimed vehicles, then all towers
licensed by the Borough must use the services of the third-party entity
retained by the Borough.
[Ord. #567, S 15]
a.
Approved towing contractors will be placed on a weekly rotating on-call
basis. The week shall begin at 8:00 a.m. Monday morning and end at
8:00 a.m. the following Monday morning. During the designated on-call
week towing contractors will be expected to respond anywhere in the
Borough of West Long Branch. In the event that the holder of a towing
license is unavailable or unable to perform all or part of that weekly
rotation, it shall be that towing contractor's obligation to provide
the Police Department with the name of another licensed towing contractor
who has agreed to provide service for all or part of that rotation.
A towing contractor who fails to provide such coverage shall forfeit
his next scheduled weekly on-call rotation. A second failure to provide
coverage could result in that towing contractor's removal from the
list and revocation of its license. The Police Department shall keep
a list of all requests for towing apparatus, indicating therein the
date, time and place to which called and whether the tower called
was available, and, if not available, the reason why, and the name
of the towing license holder next called. No tower shall respond to
the scene of an accident except upon notification by the officer in
charge at the scene of an accident or by Police Headquarters or upon
the request of the driver or owner of the vehicle concerned. Towing
apparatus must be dispatched upon receipt of notification from the
Police Department and shall not arrive at the scene more than 15 minutes
after being so notified. If at any time more than two wreckers are
required in order that the performance of towing services may be efficiently
rendered and the public's traffic safety assured, the Police Department
is hereby authorized to call upon one or more approved holders of
towing licenses to respond to the dispatch of the Police Department.
b.
Additional rules and regulations regarding the rotation of wreckers
as may be promulgated hereunder by the Chief of Police shall take
effect immediately after mailing by certified mail, return receipt
requested, a copy thereof to all Borough license holders for towing
apparatus, which mailing may be made by addressing same to the license
holders at their last known addresses.
The foregoing shall not limit in any way the authority herein
conferred upon the Chief of Police to promulgate rules and regulations
providing for the removal and storage of disabled heavy duty motor
vehicles such as tractor-trailers and construction equipment requiring
specialized towing equipment.
[Ord. #567, S 16; Ord. #O-99-10, S 5]
The driver of the towing apparatus shall be required to clean
up broken glass and debris from the scene of any accident to which
he is called before leaving the scene thereof. All towing apparatus
shall be equipped with a broom, shovel, special dry and waste container.
For the purpose of this section, debris shall mean and include,
but not be limited to, broken glass, plastic, metal, and other identifiable
parts of a vehicle. The driver of the towing apparatus shall also
be required to clean up any spilled liquids from the site of the accident,
which shall include both the capture of chemical spills with absorbent
materials and removal and proper disposal of the chemically laden
absorbent material.
[Ord. #567, S 17]
This section shall not apply where the towing apparatus is called
to perform services by the owner of the disabled vehicle to be towed
or serviced, nor shall any provision contained herein be interpreted
or construed in any manner to interfere with or obstruct a member
of the West Long Branch Police Department in the performance of his
duties and the enforcement of the Motor Vehicle Traffic Laws of the
State of New Jersey.
[Ord. #567, S 18; Ord. #O-99-10, S 7]
Any towing contractor violating the provisions of this section
shall be subject to a fine of not more than $500 for each violation
and/or removal from the approved towing list.
If there are more than two violations of this section in any
towing year by any approved tower, the right of that tower to be on
the Borough's approved towing list shall be revoked for a period of
12 months. The revocation shall run from the date formal action is
taken by the Governing Body, which action shall be at its sole discretion
and done at a public meeting.
[Ord. #O-99-10, SS 3,4; Ord. #O-06-11, S 1]
The following is the fee schedule for towing and storage services
as a result of police impounds. All fees shall be considered maximum
charges for towing and storage:
a.
Towing any vehicle — $100. This rate applies to days, nights,
holidays and weekends, whether by tow or flatbed service.
b.
Storage of any vehicle — one ($1.00) dollar per hour for the
first 24 hours, and $32 per day thereafter, whether stored inside
or outside.
c.
Winching and/or extra person(s) for recovery work or assistance —
$20 per hour, regardless of the number of persons involved.
d.
If the registered gross vehicle weight of the vehicle is 10,000 pounds
or more, there shall be $100 charged for towing, $50 per day charged
for storage, and $48 per hour for any recovery service fees. The recovery
service fee is all-inclusive, regardless of the number of people involved.
e.
Removal of liquids, chemicals or debris — an additional $25
per vehicle. Any chemicals or liquids which are hazardous must be
identified and cleaned up pursuant to HAZMAT guidelines, in accordance
with State and Federal regulations.
f.
There shall be no additional charges. No mileage fees shall be charged,
providing the vehicle is returned to a location in West Long Branch
or to the tower's business location.
g.
Any police impounds and/or total loss vehicles that are abandoned,
and not picked up by the owner, will not be charged to the Borough.
As consideration for the tower receiving business calls from the Borough,
no such charges will be made to the Borough, nor will the Borough
be charged for any police vehicles which require towing, winching,
or changing of flat tires, provided such services are rendered within
the Borough.
h.
Charge for Speedy Dry or similar material application involving discharge
of liquids by a vehicle—$15 per vehicle.
i.
Release of any vehicle on any mandatory police impound after normal
business hours or on weekends or holidays—a flat fee of $200,
which includes the towing fee. "Normal business hours" are defined
as between 8:00 a.m. and 7:00 p.m. on Mondays through Fridays.
j.
Lockouts (unlocking of vehicle, day or night)—$50 per vehicle.
[Ord. #O-99-10, S 8]
The provisions of this section may be enforced by any Police
Officer in the Borough of West Long Branch.
[Ord. #O-96-15, S 1]
As used in this section, the following term shall have the meaning
indicated:
Shall mean a person or entity whose business involves the
placing, planting, arranging, trimming, cutting, and/or removing of
trees; the maintenance of lawns, trees, brush, shrubs, gardens and
related appurtenances; and/or the cleaning or collection of vegetative
waste, including weeds, branches, clippings, leaves, debris, grass
or other items of yard waste, on or from the property of another person
or entity.
[Ord. #O-96-15, S 2]
No person or entity shall engage in or carry on the commercial
business of furnishing or providing landscaping, lawn maintenance,
or similar services within the Borough without first having obtained
from the Borough a license for that purpose.
[Ord. #O-96-15, S 3]
This section shall not apply to the casual employment by minors
or family members of a property owner.
[Ord. #0-96-15, S 4; Ord. #0-97-4, SS 1, 2]
Licenses to carry on the occupation of commercial landscaper,
as defined in this section, may be granted by the Borough Clerk upon
application therefor in writing for that purpose. Such application
shall contain the following information and shall be signed by the
applicant:
a.
Name, address, and telephone number of the applicant. If the applicant
is a corporate entity or partnership, the application shall contain
the names of all stockholders or partners, as the case may be.
b.
The character and type of substance (such as grass clippings, brush,
twigs, leaves, etc.) that the applicant will be disposing of in its
operation.
c.
The location where the debris and other material to be disposed of
are to be taken, with the name and phone number of the person, company
or organization who will receive such debris or material.
d.
Make, model, serial number and registration of each motor vehicle
to be used in conjunction with the landscape business.
e.
List of all clients with properties in West Long Branch by street
address only. This listing shall be supplemented within 10 days of
any additional client being added.
f.
Security of Client Lists. The list of client property addresses shall
be maintained by the Borough Clerk. Access to that list shall be limited
to the Borough Clerk and Deputy Borough Clerk, the intention being
that the client list for each landscaper shall be protected to the
extent possible, and be available through the Borough Clerk for enforcement
purposes only.
[Ord. #0-96-15, S 5]
The annual fee for a license shall be $25.
The issuance of a license to a commercial landscaper shall not relieve the landscaper from complying with the Borough's Commercial Registration Ordinance. No commercial registration fee, however, shall be charged to any commercial landscaper applying for a license under this section beginning January 1, 1998. Subsection 4-1.3 is amended hereby.
The license shall continue in force and effect only for the
calendar year in which it is issued.
Each license shall be obtained or renewed no later than February
28 of each year.
[Ord. #0-96-15, S 6]
Any person or persons who violate or fail to comply with any of the provisions of this section shall, upon conviction, be subject to the penalties provided for in Section 1-5 of the Borough Ordinances.
[Ord. #0-96-15, S 7]
This section shall take effect on January 1, 1997, or upon publication,
as required by law, whichever shall be later.
[Added 10-12-2022 by Ord.
No. O-22-22]
Any tent which does not fall within the exceptions set forth
in this section shall require the obtaining of a tent permit from
the Borough's zoning officials prior to construction/installation.
[Added 10-12-2022 by Ord.
No. O-22-22]
The fee for any tent permit, subject to any exception set forth
in this section, shall be $50, which fee does not include the fee
charged for Type 1 fire permits. No tent shall be installed on a residential
property unless a tent permit has first been issued.
[Added 10-12-2022 by Ord.
No. O-22-22]
No tent shall be installed in any front yard of a property,
and the canopy of any tent shall be at least 15 feet from any adjoining
property line. The "canopy" shall not include the posts or lines used
to secure the tent to the ground.
[Added 10-12-2022 by Ord.
No. O-22-22]
A tent permit shall be for a period of no more than 10 days.
[Added 10-12-2022 by Ord.
No. O-22-22]
The following tents shall be excluded from the requirement to
obtain or pay for any tent permit:
[Added 10-12-2022 by Ord.
No. O-22-22]
There shall be no permit fee for any tent erected for religious
purposes only or for the exchange of wedding vows.
