Borough of Sussex, NJ
Sussex County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance 4/21/41.
[Ord. 2010-08, S1]
a. 
Except as otherwise provided herein, it shall be unlawful for any hawker, peddler, huckster, solicitor, nonprofit-making vendor or canvasser to sell or dispose of or offer to sell or dispose of any goods, wares, merchandise or services within the Borough of Sussex without first obtaining a license and having paid the license fee hereinafter prescribed.
b. 
Except as provided herein, it shall be unlawful for any hawker, peddler, solicitor, nonprofit-making vendor or canvasser, as herein defined, to purchase or offer to purchase any junk or any other goods, wares or merchandise within the Borough of Sussex without first obtaining a license and paying the license fee hereinafter prescribed.
c. 
It shall be unlawful for any person to violate the regulations set forth herein (subsection 4.1.7) or any provision hereof, whether or not licensed hereunder.
[Ord. 2010-08, S1]
For the purpose of this section, the terms used herein are defined as follows:
HUCKSTER
Shall mean a person selling or exposing for sale articles of merchandise, goods or services from a motor vehicle, cart, stand or movable facility or display.
NONPROFIT-MAKING VENDOR
Shall mean a person who sells or solicits goods, merchandise or services, the proceeds of which are devoted exclusively to philanthropic, charitable or religious purposes on his own behalf or as a servant, agent or employee of another without pay. In no event shall a person being paid for his service fall within this definition.
PEDDLER
Shall mean a person, commonly referred to as a "peddler" or "hawker," who goes from place to place by traveling on the streets, either by foot, wagon, motor truck or any type of conveyance, or from house to house or door to door and carries his goods, wares and merchandise, for the purpose of selling and delivering them to consumers. A peddler may also be known as a "hawker" or "vendor." A person who goes from place to place by traveling on the streets or from house to house or door to door for the purpose of purchasing goods or merchandise, including the purchase of junk, household goods or discarded items, shall come within this definition.
PERSON
Shall mean and include the singular and plural and shall also mean and include any person, firm, corporation or partnership.
SOLICITOR
Shall mean a person, also known as a "canvasser," selling goods, merchandise or services by sample or taking orders for future delivery with or without accepting an advance payment for the goods; or a person taking a poll or a survey from house to house, door to door, or on the streets, or distributing advertisements or handbills.
[Ord. 2010-08, S1]
a. 
Applications for licenses shall be submitted under oath or affirmation to the borough clerk, together with a $100 fee, which fee shall not be refundable and shall be used to defray the costs of investigation and processing. The application shall contain the following information:
1. 
Name and address of the applicant.
2. 
Description of the applicant.
3. 
Name and address of the firm represented, if any, and an acknowledged statement from the firm certifying that the applicant is authorized to act as the employer's representative or a statement that the applicant is self-employed.
4. 
The names, addresses and telephone numbers of three persons who have known the applicant for a period in excess of three years.
5. 
The place of residence of the applicant for the three years immediately preceding the date of application.
6. 
A brief description of the nature of the business and a description of the wares or services to be offered for sale or purchased.
7. 
If a vehicle is to be used, a description thereof, including state of registration, license plate number, the name and address of insurance carrier and insurance policy number.
8. 
The number and places of arrests, the number and places of convictions for misdemeanors, disorderly person offenses or crimes, and the nature of the offenses for which the applicant has been convicted. This shall include violation of municipal ordinances other than traffic violations.
9. 
Two photographs showing the applicant's face, front and profile, of a minimum size of one and one-half inches by one and one-half inches, said photographs to be not over one year old. The photographs shall be affixed to the application.
b. 
Each applicant shall be fingerprinted on forms usually and customarily used by the various police forces of the State of New Jersey.
c. 
Every applicant, as a part of complete application, shall submit to the borough clerk a copy of a valid certificate of authority issued to the registrant by the New Jersey Division of Taxation, empowering the registrant to collect sales tax as required by N.J.S.A. 54:32B-15.
[Ord. 2010-08, S1]
a. 
Following the filing of the application with the borough clerk, the clerk shall forward a copy of the application to the state police, who shall within verify the information included on the application and respecting the moral character and business background of the applicant.
b. 
If the fingerprints on the application are not of acceptable quality, the state police may cause all applicants to be fingerprinted at their discretion.
c. 
Upon verification of the application by the state police and such other investigation as deemed necessary for the protection of the public good, the license shall be issued within 30 days; provided, however, that no license shall be issued to any person who has been convicted of a crime, misdemeanor or other offense involving moral turpitude, who has made a misrepresentation or false statement in his application, or who has otherwise been found to be of unsatisfactory character or business responsibility by the state police.
d. 
In the event of the refusal of the issuance of such license, the mayor and council, on written request of the applicant, shall conduct a hearing to determine whether the license should be granted under this section. Such request must be filed with the borough clerk no later than 14 days after the rejection of the application and a hearing will be scheduled within 45 days.
[Ord. 2010-08, S1]
a. 
All licenses shall be issued on forms drawn in accordance with this section. They shall be printed with corresponding stubs and shall be consecutively numbered. Both the license and the stub shall contain suitable blank spaces for writing in the name, the class of license granted, the location of the business and the amount of fee paid. The license shall carry a photograph of the licensee and specify the kind of goods being dealt in. The license shall contain the signature of the applicant and the seal of the issuing officer.
b. 
A record of all licenses issued shall be kept by the borough clerk.
c. 
All licenses issued under this section shall authorize only the person named in said license to engage in the business designated therein. Said license shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained for every servant, agent or employee of a person, notwithstanding that said person shall be licensed hereunder.
[Ord. 2010-08, S1]
a. 
The fee for a license required by this chapter shall be $100 per year.
b. 
All licenses shall terminate December 31 of the year of issue.
[Ord. 2010-08, S1; Ord. No. 2016-12]
a. 
No persons shall solicit or canvass or engage in any activity permitted by this section before the hour of 9:00 a.m. or after the hour of 9:00 p.m.
b. 
No person shall stand or park a vehicle for the purpose of displaying or selling wares, merchandise or services within a business or commercial district, as defined in the Borough Zoning Ordinance, or otherwise in violation of the Borough Zoning Ordinance.
c. 
No person shall stand or park a vehicle, cart, stand or movable facility or display upon any public street for the purpose of displaying or selling wares, merchandise or services in violation of Title 39 of N.J.S.A. or the ordinances of the Borough of Sussex without first having obtained written permission from the clerk of the Borough of Sussex, which permission shall be denied only if the same shall be determined to cause a dangerous traffic condition. In the event of denial of such permission, the mayor and council, upon written request of the applicant, shall conduct a hearing to determine whether such permission should be granted. Such request must be filed with the borough clerk no later than 14 days after the rejection of the application and a hearing will be scheduled within 45 days.
d. 
Nothing herein stated shall be construed to exempt any person from complying with the requirements of the Zoning Ordinance and all other ordinances of the Borough of Sussex, whether or not a license is required hereunder.
e. 
A copy of the license issued under this section, or under N.J.S.A. 45:24-9 and 45:24-10, if any person described in subsection 4-1.2 shall be exempted pursuant to subsection 4-1.9b, shall be carried on the person of the licensee who engages himself in activities as described in subsection 4-1.2. Such license shall be exhibited to any police officer or to any official of the borough upon request and to any person solicited prior to such solicitation.
f. 
No person shall engage in activities otherwise permitted by this section at and during a public event if proscribed by resolution of the Governing Body.
[Ord. No. 2016-12]
[Ord. 2010-08, S1]
a. 
Licenses issued under this chapter may be revoked by the borough clerk or the mayor and council for any of the following causes:
1. 
Misrepresentation or false statement contained in the application.
2. 
Misrepresentation or false statement made in the course of carrying on the activities herein.
3. 
Conviction of any crime or misdemeanor involving moral turpitude.
4. 
Conducting the licensed business in an unlawful manner, in violation of this section, state or federal statute or regulation or in such manner as to cause a breach of the peace, to create a nuisance or to constitute a menace to the health, safety or general welfare of the public.
5. 
A determination by the state police after investigation that the applicant's moral character or business responsibility are unsatisfactory.
6. 
As set forth in subsections 4-1.10, 4-1.11 and 4-1.12.
b. 
All persons whose licenses have been revoked shall have the right of appeal to the mayor and council by filing a written request within 14 days with the borough clerk for such hearing. The mayor and council shall, within 45 days after receipt of the request, hold a hearing. At the conclusion of said hearing, the mayor and council shall affirm or order the borough clerk to set aside the revocation of the license. The decision of the mayor and council on such appeal shall be final and conclusive.
[Ord. 2010-08, S1]
The following shall be exempt from all provisions hereof except subsections 4-1.2, 4-1.7, 4-1.10, 4-1.11, 4-1.12 and 4-1.13. Any violation of the foregoing subsections by any exempt group listed below shall remain unlawful:
a. 
Federal census takers and polls or surveys taken pursuant to federal, state or local laws.
b. 
Any veteran or volunteer fireman who holds a special license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10; provided, however, that such licensee shall notify the borough clerk, in writing, prior to any soliciting within the borough, of the dates and approximate area in which such licensee intends to solicit. Such notification shall also include the licensee's license number, date issued and county where issued.
c. 
Nonprofit Organizations.
1. 
Any nonprofit, religious, charitable, civic or special interest group, veterans' organization, service club or volunteer fire or first aid company may solicit in its name money, donations or financial assistance of any kind or design or sell or distribute any item of literature or merchandise for which a fee is charged; provided, however, that it procures from the borough clerk a special permit and an identification card for each agent or employee operating within the purview of this chapter. Prior to issuance of the aforesaid, there shall be filed a sworn application by such nonprofit organization with the borough clerk which shall contain the following information:
(a) 
A statement as to whether or not the nonprofit organization is required to register with the Attorney General of the State of New Jersey pursuant to N.J.S.A. 45:17A-18 et seq. If registration is so required, the nonprofit organization shall provide written proof to the borough clerk that the organization is so registered, in which event the provisions of subsection C(1)(b), (c), (d) and (f) hereof shall be deemed to be satisfied by the filing of said organization with the Attorney General. If the organization is exempt from the registration provisions of N.J.S.A. 45:17A-18 et seq., the organization shall then comply with the provisions of subsection C(1)(b), (c), (d), (e) and (f) hereof.
(b) 
Name and address of the organization.
(c) 
Purpose for which the special permit is requested.
(d) 
Names and addresses of the officers and directors of the organization.
(e) 
Period during which solicitation is to be carried on.
(f) 
Name, address and position in nonprofit organization of person making application.
2. 
Upon being satisfied that such person, organization or association is bona fide, the borough clerk shall issue a special permit and identification card without charge for the specified period.
d. 
Any person engaged in any activity the purpose of which is to aid or promote the nomination, election or defeat of any candidate or candidates for political office or to aid or promote the passage or defeat of any public question in any election or which seeks to influence the content, introduction, passage or defeat of any legislation.
e. 
Any solicitor who is engaged in interstate commerce and who so certifies, in writing, to the borough clerk that he or she is so engaged in interstate commerce; provided, however, that any such person shall register with the borough clerk prior to engaging in any activity regulated hereunder. The registration shall be on a form provided by the Borough and shall include the information listed in subsection 4-1.3a1, 2, 3, 5, 6, 7 and 8.
[Ord. 2010-08, S1]
The equipment used or employed by peddlers, barkers and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to inspection by the board of health or its authorized agents, in accordance with the provisions of this section and applicable ordinances. Any violation found and not immediately corrected shall be grounds for revocation of the license.
[Ord. 2010-08, S1]
No licensee or any person in his behalf shall shout, cry out, blow a horn, ring a bell or use any sound device or sound amplifying system upon any of the streets, alleys, parks or other public or private places within the borough or in any area contiguous to the borough whereby a nuisance shall be created in the borough.
[Ord. 2010-08, S1]
A licensee shall not have any exclusive right to any one place upon any sidewalk or any street and shall not be permitted to operate in a congested area where his operation might impede or inconvenience the public. For the purpose of this chapter, the judgment of a parking enforcement officer or other police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[Ord. 2010-08, S1]
Any person violating any of the provisions of this section shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or both, in the discretion of the court.
[Ord. 2010-08, S1]
All sales licenses issued prior to the adoption of this section shall not be affected by this section, but all subsequent license applications must comply with all the provisions of this section. All persons not required to be licensed previously, but who are required by this section to apply for a license, must obtain a license upon its adoption.
[1]
Editor's Note: Former Section 4-2, Licensing of Shows and Delivery Vehicles, previously codified herein and containing portions of Ordinance 12/15/15, was repealed in its entirety by Ordinance 2010-10.
[Ord. 2010-10, S1]
This section shall be known as the "Garage Sale Ordinance of the Borough of Sussex."
[Ord. 2010-10, S1]
As used in this section, the following terms shall have the meanings indicated:
GARAGE SALE
Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or any similar casual sale of goods which is advertised by any means whereby the public at large is or can be made aware of the sale.
GOODS
Shall mean and include any tangible personal property capable of being the object of a sale regulated hereunder and which is owned by the licensee.
OCCUPANT
Shall mean the owner, lessee or tenant residing on the premises.
PERSON
Shall mean and include individuals, partnerships, voluntary associations and corporations.
[Ord. 2010-10, S1]
a. 
No person or property shall conduct a garage sale more than two times per year.
b. 
The person conducting the garage sale and/or the property owner shall be responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such licensee shall permit any loud or boisterous conduct on such premises, nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All licensees and person attending such sale shall obey the reasonable orders of the police, parking enforcement officer or fire police in order to maintain the public health, safety and welfare. All licensed premises shall at all times be subject to such reasonable rules as may be made from time to time by the borough and shall be subject to inspection at all times by the building inspector, parking enforcement officer and fire chief, or any of their agents, or any other duly authorized representative of the borough.
[Ord. 2010-10, S1]
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
[Ord. 2010-10, S1]
Signs for garage sales are not to exceed two by two feet in size and cannot be placed on the premises earlier than five days prior to the sale and must be removed within 24 hours after the sale has terminated.
[Ord. 2010-10, S1]
It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sale authorized under this chapter without first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of the mattresses, bedsprings, cots, lounges and sofas.
[Ord. 2010-10, S1]
The provisions of this section shall not apply to or affect the following persons or sales:
a. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the borough or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor, and which sale would be conducted from properly zoned premises and not otherwise prohibited in the section.
b. 
Person acting in accordance with their powers and duties 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 separate items do not exceed five in number.
[Ord. 2010-10, S1]
This section shall be enforced by the zoning officer. It shall be the duty of the zoning officer to investigate any violations of this section coming to his attention, whether by complaint or arising from his own personal knowledge; and if a violation is found to exist, he shall prosecute a complaint before the local municipal court, pursuant to the provisions of this section.
[Ord. 2010-10, S1]
Any person violating any of the provisions of this section shall, upon conviction, be punished by a fine not exceeding $250 in the discretion of the court. Each separate day a violation occurs shall be a separate violation of this section.
[1]
Editor's Note: Former Section 4-3, Licensing of Amusement Games, previously codified herein and containing portions of Ordinance 5/5/41 was repealed in its entirety by Ordinance No. 2010-08.
[1]
Editor's Note: Former Section 4-4, Licensing of Dance Halls, previously codified herein and containing portions of Ordinance 3/18/68, was repealed in its entirety by Ordinance No. 2010-08.
[1]
Editor's Note: Former Section 4-5, Licensing of Jitneys, previously codified herein and containing portions of Ordinance 6/20/21 was repealed in its entirety by Ordinance No. 2008-04.
[Ord. 2008-04, S1]
As used in this section, the following terms shall have the meanings indicated:
CRUISING
Shall mean the driving of an empty taxicab along a public street at a slow rate of speed for the obvious purpose of soliciting passengers.
STREET
Shall mean and include any street, road, highway, avenue, lane and public place in the Borough of Sussex.
TAXICAB
Shall mean and include any motor vehicle used in the business of transporting persons for hire from or to points within the Borough of Sussex, including vehicles hired by charter or special contract, whether the fare or price is agreed upon in advance or not. This term includes any commercial vehicle known as an "autocab" or a "limousine" and all vehicles used in a livery service. Nothing in this chapter shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the Board of Public Utilities or interstate autobuses required by federal or state law or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death.
[Ord. 2008-04, S1]
No person shall drive, operate or use for hire any taxicab, as hereinabove defined, for the transportation of passengers from any point within the Borough of Sussex without first having obtained a license for every operator and every vehicle to be so operated.
[Ord. 2008-04, S1]
The mayor and council may, in its discretion and after notice and hearing, refuse to issue or renew or may revoke or suspend any license issued to autocab, limousine or livery service owners under this section where the applicant or licensee has once been convicted of a crime in this or any other jurisdiction or twice been convicted of being a disorderly person or in violation of Title 39 of the Motor Vehicle and Traffic Regulations of the Annotated Statutes of New Jersey or who has violated any provision of this section or has any judgment of record unsatisfied against him/her arising out of an automobile accident or who has failed or fails to render a reasonably prompt, safe and adequate formal, private automobile livery or limousine service or has not complied fully with all the requirements of this chapter for such class of license.
[Ord. 2008-04, S1]
Every application for a license shall be filed with the borough clerk on a form to be furnished by the Borough of Sussex, accompanied by a fee of $50 and a completed background check by the state police for each owner or operator to be paid for by the applicant. The granting of such license shall be in the discretion of the mayor and council, which shall fix, from time to time, rates of fare to be charged for the transportation of passengers in such licensed commercial vehicles.
[Ord. 2008-04, S1]
The annual fee to be paid for such license shall be set forth in the schedule in subsection 24-1.1.
[Ord. 2008-04, S1]
At the time of granting of licenses under this section, each applicant for a license under this section shall also provide to the borough clerk two photos of each driver to be used with the license certificate. The borough clerk shall sign such license and issue to the licensee a certificate of registration, to which shall be attached a photograph of the licensee, to be furnished by said licensee and taken within 30 days preceding the granting of such license. Said certificate shall specify the year for which the same is issued and for which the licensee shall pay the required fee.
[Ord. 2008-04, S1]
No taxicab shall be operated wholly or partly along any street in the Borough of Sussex until the owner of the taxicab shall have filed with the Borough Clerk of Sussex an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $500,000 against loss by reason of liability imposed by law upon every autocab, limousine or livery service owner for damages on account of an accident occurring by reason of the ownership, maintenance or use of the taxicab 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 and use of such autocab, limousine or livery service or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury in the aforesaid.
[Ord. 2008-04, S1]
The owner of the taxicab shall execute and deliver to the clerk of the municipality a power of attorney wherein and whereby the owner shall appoint the chief fiscal officer of the Borough of Sussex his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served upon the insured by virtue of the indemnity granted under the insurance policy filed.
[Ord. 2008-04, S1]
a. 
The borough clerk, upon the filing of the required insurance policy, shall issue a certificate, in duplicate, showing that the owner of the taxicab has complied with the terms and provisions of this section. Such certificate shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every taxicab insured thereunder and the registration of the same. A duplicate certificate shall be filed with the Motor Vehicle Commission before any such car is registered as a taxicab. The original certificate shall be posted in a conspicuous place within the taxicab.
b. 
The borough clerk shall keep a register of the name of each person owning or operating a taxicab under this section, together with the license number and the description, make and dimensions of such vehicles with the date of the certificate of compliance with the insurance provisions set forth therein.
[Ord. 2008-04, S1]
a. 
Solicitation and Cruising. No taxicab, while waiting for employment by passengers, shall stand on any public street or space other than that at or upon a taxicab stand designated or established in accordance with this section, nor shall any driver of such taxicab seek employment by repeatedly and persistently driving his taxicab to and fro in a short space before, or by otherwise interfering with the proper and orderly access to or egress from, any theater, hall, hotel, public resort or other place of public gathering. No driver shall solicit passengers for a taxicab except when sitting upon the driver's seat thereof, nor shall any driver of a taxicab solicit employment in the transportation of passengers by driving in or through any street or public place at a slow rate of speed commonly designated as "cruising."
b. 
Refusal of Fares. No taxicab operator, owner, dispatcher or employee shall refuse to carry any orderly person to any destination within a fifty-mile radius of the Borough of Sussex, provided that said person agrees to pay the proper rate of fare, and this regulation shall apply regardless of whether the aforesaid request for transportation shall be made directly or by telephone and whether made at a taxicab stand or at any other place; provided, further, that compliance with said request would not result in a violation of any other provision of this section.
c. 
Posting of Rates. A schedule of the rates of fare shall be conspicuously placed inside each licensed taxicab and filed with the borough clerk.
d. 
Display of Certificate with Photograph. Each licensed taxicab driver or operator shall prominently display on the inside of each taxicab the photograph and certificate required by this section.
[Ord. 2008-04, S1]
Any person violating any of the provisions of this section shall be subject to a fine of up to $250 for the first offense and up to $500 for the second and every subsequent offense.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance 12/15/75.
[Ord. 2008-16, S1]
This section is for the purpose of regulating all games of chance held, operated or conducted within the borough, pursuant to the Acts of the Legislature of the State of New Jersey, known as the "Bingo Licensing Law," N.J.S.A. 5:8-24 et seq., and the "Raffles Licensing Law," N.J.S.A. 5:8-50 et seq., and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance Control Commission in the Department of State of the State of New Jersey. All applications, licenses and proceedings in connection therewith shall be subject to the provisions of the Acts and the rules and regulations and any laws, rules and regulations hereafter enacted and shall be further subject to the provisions of this section.
[Ord. 2008-16, S1]
a. 
Organizations Eligible for License. A license to conduct a game of chance as authorized by law shall not be issued to any organization unless it is established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the rules and regulations of the Legalized Games of Chance Control Commission. The municipal clerk shall process all applications and issue the licenses, except where the applicant is requesting a waiver of fees pursuant to subsection 4-6.3.
b. 
Conduct of Games on Sunday. It is lawful for the holder of a license for the operation of or conduct of games of chance issued by the borough under the provisions of N.J.S.A. 5:8-24 et seq., known as the "Bingo Licensing Law" and N.J.S.A. 5:8-50 et seq., known as the "Raffles Licensing Law" to operate or conduct such games of chance as are permitted under the aforesaid statutes on Sunday.
[Ord. 2008-16, S1]
a. 
The municipal games of chance license fees shall be equal in amount to the fees charged by the New Jersey Legalized Games of Chance Control Commission as set forth in N.J.A.C. 13:47-4.9 (as may be amended from time to time). The fees due to the borough shall be in addition to the fees required to be paid by the New Jersey Legalized Games of Chance Control Commission.
b. 
The mayor and council reserves the right, in its sole discretion, to waive the requirement for payment of the municipal fees for bingo, raffle or other games of chance licenses for the Sussex Borough Fire Department or Ambulance Squad. This subsection shall not be construed as a waiver or exemption from the payment of any fee due to the New Jersey Legalized Games of Chance Control Commission.
[Ord. 88-8, S1]
All applicants who request the issuance, reissuance or renewal of any license or permit issued by or requiring the approval of the mayor and common council of the Borough of Sussex or any agency or department of the township which issues such permits, shall be required to pay any delinquent property taxes or assessments, if the applicant is the owner of the property where the business or activity is conducted.
[Ord. 88-8, S1]
Any license or permit issued by the mayor and common council, or any permit issued by any agency or department of the borough, may be revoked or suspended by the council when any licensee, or permittee, who is an owner of the property upon which the license, business or activity is conducted, has failed to pay taxes due on the property for at least three consecutive quarters.
[Ord. 88-8, S1]
The license or permit may be revoked by the mayor and common council by a certified mail notification to the applicant, addressed to the applicant at the address on the license, or the address on the tax collector's records for the property.
[Ord. 88-8, S1]
Upon payment of the delinquent taxes, or assessments, the license or permit shall be restored.
[Ord. 88-8, S1]
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[Ord. 04-95]
As used in this section, the following terms shall have the meanings indicated:
BUSINESS
Shall mean the activity of providing entertainment and/or amusement to the public.
ENTERTAINMENT and/or AMUSEMENT
Shall mean any movie, picture, concert, ball, show or play, and any activities engaged in nightclubs, cabarets, taverns, theaters, movie houses, social clubs or eating and/or drinking establishments where entertainment or dancing is permitted, and any go-go bars or other establishments, whether or not liquor is served, where any entertainment is offered to the public, whether live entertainment or not.
ESTABLISHMENT
Shall mean any theater, movie house, hall or auditorium used for the presentation of entertainment and/or amusement to the public on a commercial basis with a capacity exceeding ten people.
LICENSED PREMISES
Shall mean the entire premises, including, without limitation, all buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities owned or controlled by the owner-operator.
OWNER-OPERATOR
Shall mean any natural person, partnership, firm, association, corporation, joint venture or other business entity which owns or controls a premises or a location within the Borough of Sussex in which any entertainment and/or amusement is presented to the public.
PERSON
Shall mean any natural person, partnership, firm, association, corporation, joint venture or other business entity.
PUBLIC DANCE HALLS and PUBLIC ASSEMBLY HALLS
Shall mean all buildings or parts of buildings occupied as night clubs, cabarets, taverns, theaters, movie houses, social clubs or eating and/or drinking establishments where entertainment or dancing is permitted, and all buildings and parts of buildings where dancing, entertainment, athletic shows, exhibitions, banquets, political meetings, lectures and other like affairs are held and to which admission can be had with or without the payment of a fee or by the purchase, possession or presentation of a ticket or token.
[Ord. 04-95]
Nothing in this section shall apply to or require the obtaining of a license by:
a. 
Any religious group or society.
b. 
Any political group or society.
c. 
Any fraternal group or society.
d. 
Any veterans' group or society.
e. 
Public schools or public buildings when held under the supervision of either the board of education or the mayor and council.
[Ord. 04-95]
It shall be unlawful for any person to use any land, building or premises within the Borough of Sussex for the presentation of entertainment and/or amusement to the public on a commercial basis and/or to maintain a public dance hall or public assembly hall without first obtaining a license therefor from the mayor and council of the Borough of Sussex. A separate license shall be required for each separate place or location of business.
[Ord. 04-95]
No licensee shall engage in or shall allow, permit or suffer any person employed to perform dancing or other entertainment in or upon the licensed premises or to carry on any part of such dancing or other entertainment in a lewd, licentious or lascivious manner.
[Ord. 04-95]
No licensee shall engage in or shall allow, permit or suffer any person to appear on the premises of any establishment licensed for entertainment in any act, scene, sketch or other form of entertainment, including dancing for the benefit of patrons, with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered, such as in the manner of topless or bottomless dancing.
[Ord. 04-95]
No licensee shall employ, allow, permit or suffer any waitress, waiter, bartender, barmaid or any other person employed by the licensee for a purpose other than providing entertainment, which other person comes in contact with or is likely to come in contact with the patrons of said licensed establishment, to appear in the presence of such patrons with either or both breasts or the lower part of the torso uncovered or so thinly covered or draped so as to appear uncovered.
[Ord. 04-95]
No licensee shall engage, employ, allow, permit or use entertainers under the age of 18 years.
[Ord. 04-95]
No licensee shall employ, allow, permit or suffer in and upon the licensed premises any person to perform for hire or for the entertainment of patrons any dances, or public performances of any kind, in which body movement constitutes the principal or integral part of such performance, which body movement shall be representative of indecent acts or activity that would tend to arouse the sexual desire of others. No licensee shall provide any entertainment which entertainment shall cause the aforesaid premises to be conducted in such a manner as to become a nuisance.
[Ord. 04-95]
a. 
No license shall be issued unless the subject premises complies with and conforms to all laws of the State of New Jersey, the United States of America, and the Ordinances and Regulations of the Borough of Sussex, including all Zoning Ordinances, and the subject premises are properly ventilated, supplied with sufficient toilet conveniences and the subject premises are, in the judgment of the mayor and council, a safe and proper place for the purposes for which they are to be utilized.
b. 
No license shall be issued by the mayor and council unless the licensee provides separate bathroom facilities for the entertainers and any employees of the licensee, which bathroom facilities shall be located on the same floor where the entertainment activity is conducted.
c. 
No license shall be issued by the mayor and council unless the licensee provides separate changing facilities for its entertainers, which separate changing facilities shall be located on the same floor of the premises where the entertainment activity is to be conducted.
[Ord. 04-95]
No license shall be granted by the mayor and the borough council if the premises for which application is made for an entertainment license is located within 500 feet of any church or public schoolhouse or private schoolhouse not conducted for pecuniary profit. The said 500 feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed.
[Ord. 04-95]
a. 
Any person desiring a license under this section shall file with the borough clerk an original and five copies of an application under oath, in writing, on a form furnished by the borough clerk.
b. 
The application shall set forth the following information:
1. 
The applicant's name, business name and business address.
2. 
Whether the applicant is an individual, partnership, corporation or another entity and, if another entity, a full explanation and description thereof.
3. 
If the applicant is an individual, the applicant's residence address and date and place of birth.
4. 
If the applicant is a partnership, the full names, residence addresses, dates and places of both or each partner.
5. 
If the applicant is a corporation or other entity: in the case of a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office upon whom and where service of process is authorized to be made [the term "stockholder" as used herein means and includes any person having an interest, either legal or equitable, in ten percent or more of the stock issued and outstanding of the applicant corporation]; in the case of another entity, the full names, residence addresses, dates and places of birth of each person owning or having any interest, legal or equitable, aggregating in value ten percent or more of the total capital of the said entity, the name and address of the registered agent, if any, and the address of the principal office, if any, upon whom and where service of process is authorized to be made.
6. 
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person convicted, the nature of the crime or charge involved and the disposition thereof (the term "officers" as used herein means and includes the president, vice president, secretary and treasurer of a corporate applicant).
7. 
The business addresses of the manager of the person in charge of the licensed premises during the five year period preceding the date of application.
8. 
A description of the metes and bounds of the place where the business is to be located and carried on.
9. 
A survey or scale drawing of the plot showing the structures and open spaces/areas to be used in the business, together with all on-site parking facilities, approved, existing or proposed entrances and exits to and from the place where the business is to be conducted, the location and place of said business and location and size of all structures and fences thereon and the setback thereof from street lines.
10. 
A scale drawing of the interior of the premises showing all entrances and exits to and from the place where the business is to be conducted; together with all bathroom facilities and changing facilities; the location and placement of all anti-fire equipment, i.e., hoses, extinguishers, sprinkler systems, etc.; and the location of all fire exits.
11. 
A scale drawing showing the proposed plan of evacuation in the event of an emergency.
12. 
The applicant shall provide in the application a specific description of the nature and type of entertainment to be provided on the licensed premises. In the event of a substantial change in the format of the operation of the licensee's business or a change in the type of entertainment to be provided on the licensed premises, the licensee shall file an amended application with the borough clerk prior to instituting such change in the format of operation or the type of entertainment to be provided.
[Ord. 04-95]
a. 
Upon receipt of such application or amended application, the borough clerk shall submit the same to the New Jersey State Police, fire department, building department, zoning officer, and the board of health, together with any other municipal, county and/or state agencies, for reports with references to the compliance or noncompliance of the proposed establishment, with municipal, county and state rules, regulations, statutes and ordinances and the truth of the matter contained in the application or the amended application; in addition to the foregoing, the reports of the respective departments shall include the following:
1. 
New Jersey State Police Department.
(a) 
The traffic conditions, including a traffic count which prevails in the neighborhood surrounding the premises sought to be licensed.
(b) 
A statement of whether, in the opinion of the department, the granting of the application would tend to increase traffic congestion materially or constitute a hazard to the public safety.
2. 
Building department.
(a) 
A report of any violations of the Property Maintenance Code of the Borough of Sussex, the BOCA Building Code, or any other ordinances and regulations governing buildings in the Borough of Sussex.
3. 
Zoning officer.
(a) 
A description of the nature and character of the surrounding neighborhood.
(b) 
A report concerning the proposed on-site parking facilities.
4. 
Board of health.
(a) 
A report of any violations of the Borough of Sussex Health Code.
(b) 
A report concerning the existing or proposed bathroom facilities and changing facilities.
b. 
Upon return of said application or amended application and reports, the borough clerk shall submit the same to the mayor and borough council for their consent and approval.
c. 
The mayor and borough council shall consent to and approve the issuance of such permits unless it reasonably finds that the applicant's character and business responsibility are not satisfactory; that a violation of municipal or state rules, regulations, statutes and ordinances exist; that untrue matters are contained in the application for such permit; that the issuance of such permit will tend to create a nuisance; or that the issuance of such permit will adversely affect the good government, order and protection of persons and property and the preservation of the public health, safety and welfare of the Borough of Sussex and its inhabitants. The mayor and borough council shall determine that the applicant's character and business responsibility are satisfactory unless the application, the reports of the various departments or other evidence presented shall tangibly disclose any of the following:
1. 
Conviction for a crime involving moral turpitude.
2. 
Prior violations of statutes, ordinances or regulations relevant to the furnishing of entertainment.
3. 
Conviction for a crime or disorderly persons offense involving gambling.
4. 
Concrete evidence of bad character.
5. 
Grounds similar to those listed above which would reasonably cause the mayor and borough council to determine that the character and business responsibility of the applicant or any partner, officer or stockholder thereof are not satisfactory.
d. 
Upon the consent and approval of the mayor and borough council and upon receipt of a copy of a certificate of occupancy for the licensed premises, the borough clerk shall issue such license, subject, however, to such appropriate conditions and safeguards, if any, consistent with the intent and purpose of and reasonably necessary to accomplish the objectives of this section and the statutory authority for the same as may be imposed by the mayor and borough council.
[Ord. 04-95]
a. 
License fees shall be as follows:
Occupancy Capacity Fee
Up to 100
$100
101 to 150
$150
151 to 200
$175
Over 200
$200
b. 
The occupancy capacity for each licensee shall be the exact number on file for said premises in the building department of the Borough of Sussex.
c. 
Any such license shall run for a period of one year, commencing July 1 and ending June 30 of the next succeeding year of its issuance.
[Ord. 04-95]
No license shall be granted unless the licensed premises shall have provisions for seating ten or more persons.
[Ord. 04-95]
No license shall be granted by the mayor and borough council if:
a. 
The licensee has failed to comply with the provisions of this section.
b. 
The licensed premises or use thereof is prohibited by the terms and provisions of the zoning ordinances of the Borough of Sussex.
c. 
The individual applicant or any officer or manager of a corporate applicant or the principals and manager of a firm applicant or any of them have been convicted of an offense against the narcotics laws of the State of New Jersey or a crime involving moral turpitude.
d. 
The approval of the license will be detrimental to the public health, safety, welfare and morals.
e. 
The approval of the license will be substantially detrimental to the existing traffic and parking conditions in the Borough of Sussex.
[Ord. 04-95]
An licenses hereafter issued may, upon payment of the prescribed license fee and compliance with the terms of this section, be renewed annually. Renewals of an expiring license shall be made upon payment of the annual fee and the filing of an application supplied by the borough clerk, stating that no changes have been made in any of the facts or information stated in the original application or to the licensed premises during the preceding license period.
[Ord. 04-95]
The license shall authorize the licensee to conduct business only on the premises specified in the license. Without the consent of the mayor and borough council, the license shall not be transferable to any other premises, nor assignable or transferable in any manner or to any other person.
[Ord. 04-95]
All licenses under this section shall, at all times, be subject to such reasonable rules and regulations as may be made from time to time by the mayor and borough council for the proper operation and regulation of the places of business named in such licenses.
[Ord. 04-95]
Every establishment within the meaning of this section and licensed thereunder shall be closed to the public and business with the public therein shall be and is hereby prohibited after the hour of 2:00 a.m. and before the hour of 9:00 a.m. of any day.
[Ord. 04-95]
The licensee shall not create or allow undue noise to emanate from the premises as to constitute a public or private nuisance. The licensee shall keep said premises in as neat and orderly condition as the nature of the business will allow.
[Ord. 04-95]
Every owner-operator of every establishment within the meaning of this section and licensed thereunder shall, at all times, comply with the requirements of this section and with all authorities having jurisdiction in the licensed premises. Any violation of the terms of this section or any nuisances or hazards to health or safety which may exist or develop in or in consequence of or in connection with any such premises shall forthwith be abated and removed by the licensee upon receipt of a notice to that effect from any one of the authorities having jurisdiction in the licensed premises. The authorities referred to in subsection 4-8.12a, hereof shall be responsible for the enforcement of this section.
[Ord. 04-95]
a. 
All licenses are subject to suspension or revocation after due notice and hearing by the mayor and borough council for the violation of any of the terms of this section, for the violation by the licensee of state, county and municipal rules, regulations, statutes and/or ordinances or for allowing, suffering and/or permitting the violation of state, county and municipal rules, regulations, statutes and/or ordinances upon the licensed premises by the servants, agents, employees and/or patrons thereof where the licensee knew or should have known that such violations were being committed by the servants, agents, employees and/or patrons of the licensee.
b. 
If the mayor and borough council shall determine that there are grounds upon which to suspend or revoke any such license, such grounds being the same grounds upon which the mayor and borough council may refuse to consent to and approve the issuance of such license as set forth in subsection 4-8.15 above, it shall cause a notice to be served, in writing, upon the licensee or other person in charge of the premises for which such license has been issued, citing the licensee to appear before the mayor and borough council at the time and place designated in the notice, to show cause why such license should not be suspended or revoked. Notice may be served upon the licensee by personal service or by registered or certified mail addressed to the licensee's last known address. The licensee shall be afforded a hearing before the mayor and borough council prior to the suspension or revocation of such license. In addition to either a suspension or revocation of the license, the mayor and borough council may impose such conditions and safeguards for the continuation of such license as it may deem necessary to provide for the public health, safety and welfare.
[Ord. 04-95]
Any person, partnership or corporation who violates any provision of this section shall, upon conviction thereof, be punished by the imposition for each and every violation to a minimum fine of $100 up to a maximum fine of $1,000, or imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or to such fine, imprisonment and/or imposition of period of community service.
[Ord. 04-95]
Except as otherwise provided, each and every day in which a violation of any provision of this section exists shall constitute a separate violation.
[Ord. 04-95]
In the event that any word, phrase, clause, section, paragraph, sub-paragraph, subdivision or provision of this section is found by any court of competent jurisdiction to be unenforceable, illegal or unconstitutional, such word, phrase, clause, section, paragraph, subparagraph, subdivision or provision shall be severable from the balance of this section and the remainder of this section shall remain in full force and effect.
[Ord. 04-95]
All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistencies only.
[Ord. 04-95]
This section shall take effect upon passage and publication as provided by law.
[Ord. 10-96]
The purpose of this section is to establish standards and regulations concerning the installation, operation and maintenance of certain alarm systems within the Borough of Sussex.
[Ord. 10-96]
ALARM SYSTEM
Shall mean any device 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. Notwithstanding anything to the contrary in this section, the term "alarm system" shall not include self-concealed battery or electrically powered smoke detector or carbon monoxide detector units located within single family residences and which give out an audible signal. The term "alarm system" shall also not include automobile alarm systems.
CENTRAL ALARM STATION
Shall mean an alarm station that transmits the alarm to an alarm processing center which then calls to dispatch police and/or fire department.
DIAL ALARM
Shall mean that type of automatic telephone dialing service using the telephone system to transmit an alarm or intrusion, fire, smoke, flood or other peril to the police department or any other third party.
FALSE ALARM
Shall mean any alarm or signal of an alarm reported through a central alarm station or through a dial alarm system which has been actuated by inadvertence, negligence, intentional, or unintentional act of person other than an intruder, and including alarms caused by mechanical failure, malfunction or improper installation of the alarm system and related equipment. "False alarms" shall not include activations caused by power or phone line interruptions where such interruptions have been reported to the New Jersey State Police or the borough's municipal clerk.
PERSON
Shall mean any individual, person, firm, association, partnership, corporation, organization or club.
REGISTRANT
Shall mean any person who operates or leases an alarm system within the scope of this section, who has been issued a registration permit to operate and maintain such alarm system.
[Ord. 10-96]
The provisions of this section shall apply to any person who owns, operates, leases or maintains any dial alarm system or alarm system utilizing a central alarm station which requires a response to the New Jersey State Police, fire department, first aid squad or any other borough agency. The provisions of this section shall in no way prohibit service by a private source to persons within or without the borough, so long as such operating, leasing or maintaining a premises protected by an alarm system shall be responsible for the registration thereof in accordance with this section.
[Ord. 10-96]
a. 
Registration shall be required for each home or business within the borough utilizing a dial alarm system or an alarm system utilizing the services of a central alarm on the effective date of this section. Users of systems in place on that date shall complete the required registration form within 30 days of notice by the Sussex Municipal Clerk. A registration permit shall automatically terminate upon a change of occupancy for the premises for which the alarm has been registered. Notwithstanding anything to the contrary in this section, no more than one registration shall be required per home or business at any single location.
b. 
Registration Form.
1. 
Persons required to register their alarm systems shall complete and file with the municipal clerk a registration form, which may be obtained from the municipal clerk's office and shall correctly contain the following information:
(a) 
The full name of the applicant, his address, including an address description which will permit the appropriate municipal department to response, including directions to the property if not located on a main thoroughfare in the municipality.
(b) 
The common name of the alarm premises.
(c) 
The name and address of the person installing maintaining and/or owning the system.
(d) 
The name and address of the person(s) monitoring and initially responding to an activation of the alarm system and the telephone number for such persons.
(e) 
The names and addresses of two persons to be contacted in case of alarm and/or malfunction.
2. 
A copy of each registration form, after completion, shall be filed with the New Jersey State Police by the borough's municipal clerk.
c. 
A $25 registration fee shall be submitted with each registration form or revised registration form. Registration shall be submitted within 30 days of system installation.
d. 
If there has occurred any material change in the information previously submitted with respect to any alarm system by the alarm user, it shall be the duty of the alarm user, within ten days of such material change, to file a revised registration containing current information.
e. 
The municipal clerk shall issue a registration permit to any person submitting a completed registration form and the attendant fee.
f. 
Any permit granted hereunder shall be accepted under the express condition that the registrant shall indemnify and hold the borough and New Jersey State Police harmless from, and on account of, any and all damages arising out of the activities of the registrant and its alarm contractor.
[Ord. 10-96]
False alarms shall be considered a violation of the provisions of this section. In case of false alarm, any person having knowledge thereof shall immediately notify the New Jersey State Police. The Sussex Borough Municipal Clerk and/or the New Jersey State Police shall cause an investigation to be made of all false alarms and shall keep a record of such false alarms on file. The municipal clerk and/or the New Jersey State Police shall issue written warning for the first two false alarms on any registered system occurring within the same calendar year. Subsequent false alarms shall be subject to the penalties provided for below.
[Ord. 10-96]
a. 
Either the New Jersey State Police or the Sussex Municipal Clerk may enforce this section.
b. 
The Sussex Borough Municipal Court shall have jurisdiction to adjudicate all alleged violations of this section.
c. 
Any person who shall violate any of the terms or provisions of this section or who shall commit or do any act or thing prohibited by this section shall, upon conviction thereof, be punished in accordance with Chapter 4, Section 4-8 provided that minimum fines shall be established:
1. 
Failure to register: $50.
2. 
False alarms:
(a) 
For the third and fourth false alarm in the same calendar year: $50, per violation.
(b) 
For the fifth and all subsequent false alarms in the same calendar year: $100, per violation.
[Ord. 2008-07, S1]
For the purpose of this section, the following words shall have the meanings given herein:
BASIC TOWING SERVICE
Shall mean the removal and transportation of passenger cars and small trucks, such as pickup and small panel trucks up to one and one-half tons, from a highway, street, or other public or private road, or a parking area, or from a storage facility, and other services normally incident thereto, but does not include recovery of a vehicle from a position beyond the right-of-way or berm, or from being impaled upon another object within the right-of-way or berm.
GARAGE
Shall mean a building or property where motor vehicles can be sheltered, stored, repaired and made ready for use.
TOWING ROTATION
Shall mean the list maintained and used by the borough clerk or department of public works to secure towing services for vehicles in violation of the borough's parking ordinances.
WRECKER or TOW TRUCK
Shall mean a vehicle employed for the purpose of towing, transporting, conveying and removing any vehicles which are unable to operate under their own power from the place where they are disabled to some other place.
[Ord. 2008-07, S1; Ord. 2008-14, S1]
No person, firm, or corporation shall participate in the towing rotation within the borough without first obtaining a permit from the borough clerk. All permits issued under this section shall run from July 1st to June 30th.
[Ord. 2008-07, S1; Ord. 2008-14, S1]
a. 
Contents. Applications for permits issued under this section shall be made upon forms prepared and made available by the borough clerk. There shall be an application fee of $100 for each initial application or renewal. The application shall state the following information:
1. 
The location and description of the wreckers owned by the applicant. Must include the description of vehicles for which the permit is desired, year, make, model, type, color and vehicle identification number; length of time the vehicle has been in use; and any other information which the borough clerk shall deem necessary or proper.
2. 
That the applicant has available space at this garage for properly accommodating and protecting motor vehicles and that the vehicles will not be stored or allowed to remain on public property or any street or property which is not permitted by the present zoning ordinance for such storage.
3. 
Proof that the applicant and proposed operators are qualified to operate the wrecker and conduct wrecker service in the Borough. Permit holders will be required to submit a list of operators and their legal addresses and keep the Borough Clerk informed of any changes. The applicant shall have his garage, or at least one of his garages if he uses more than one, located within 10 miles of the Borough.
4. 
Proof of insurance for the garage and all vehicles.
5. 
The vehicles have been properly licensed and conform to the State Motor Vehicle laws.
6. 
That the garage shall have a secure impound yard consisting of a fence six feet in height with a locked gate. The impound yard shall be large enough to accommodate and protect all towed and disabled vehicles which have been borough generated. Stored vehicles within this impound yard shall not be seen from the roadway.
b. 
Time for Filing. Applications shall be received prior to June 1st for processing prior to June 30th.
[Ord. 2008-07, S1]
Within 30 days after receipt of an application, the borough clerk shall cause an investigation to be made of the applicant and his proposed business operation and shall make or have made an inspection of the vehicle. All applicants and/or operators shall be investigated and a permit shall not be issued to a person convicted of a crime of moral turpitude. The borough clerk may delegate the inspection of the vehicle to a person or persons, who shall make such an inspection and who shall report to the borough clerk whether the wrecker is in a thoroughly safe and sanitary condition and complete with the requirements and standards of this section. Upon completion of the investigation and inspection, the borough clerk 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. 2008-07, S1]
Basic towing service rates shall be charged consumers as follows:
a. 
Rates. When towing services are required at the scene of a motor vehicle accident, the day rate shall apply between 8:00 a.m. and 5:00 p.m. Monday through Friday, except on New Jersey State holidays. The night, weekend and holiday rates shall otherwise apply.
b. 
Towing Fees. The following is the fee schedule for towing services:
Days:
$75
Nights, weekends and New Jersey State holidays:
$100
Flatbed towing where the vehicle cannot be towed by any other means:
$150
For vehicles weighing more than 10,000 pounds: and less than 15,000 pounds:
Market rate
c. 
Storage Fees. The following are the fees for storage services.
Outside secure storage: per day
$30
[Ord. 2009-07, S1; Ord. 2010-07, S1]
a. 
No person shall place, use, or employ a donation clothing bin, for solicitation purposes, within the Borough of Sussex, unless they have complied with all of the requirements set forth in N.J.S.A. 40:48-2.61.
b. 
No permit for a clothing bin shall be issued unless the applicant can demonstrate that the placement of the clothing bin is permitted by the site plan or that it will have no effect on zoning and/or site plan requirements and regulations as determined by the zoning official.
[Ord. 2009-07, S1]
a. 
The municipal clerk shall be the municipal agency as referenced in N.J.S.A. 40:48-2.61 to accept applications, process them and issue clothing bin permits.
b. 
The permit fee shall be $25 for the initial application as well as any renewals.
c. 
Permits issued by the municipal clerk shall be valid for three years.
[Ord. 2009-07, S1]
Any person or entity violating this section or any provision of N.J.S.A. 40:48-2.60 et seq. shall be subject to the penalties set forth in N.J.S.A. 40:48-2.63.