[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:
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.
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.
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.
Shall mean and include the singular and plural and shall
also mean and include any person, firm, corporation or partnership.
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]
[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.
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:
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.
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.
Shall mean the owner, lessee or tenant residing on the premises.
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:
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.
Shall mean and include any street, road, highway, avenue,
lane and public place in the Borough of Sussex.
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:
Shall mean the activity of providing entertainment and/or
amusement to the public.
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.
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.
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.
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.
Shall mean any natural person, partnership, firm, association,
corporation, joint venture or other business entity.
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:
[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.
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]
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.
Shall mean an alarm station that transmits the alarm to an
alarm processing center which then calls to dispatch police and/or
fire department.
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.
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.
Shall mean any individual, person, firm, association, partnership,
corporation, organization or club.
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.
[Ord. 2008-07, S1]
For the purpose of this section, the following words shall have
the meanings given herein:
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.
Shall mean a building or property where motor vehicles can
be sheltered, stored, repaired and made ready for use.
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.
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; amended 4-19-2022 by Ord. No. 2022-06]
No person, firm or corporation shall participate in the towing
rotation within the borough without first obtaining a permit from
the borough clerk.
[Ord. 2008-07, S1; Ord. 2008-14, S1; amended 4-19-2022 by Ord. No. 2022-06]
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 $250 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.
Duration of permit. Permits expire at 12:00 midnight on December
31 of each year and may be renewed on January 1 of the following year.
[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; amended 4-19-2022 by Ord. No. 2022-06]
a.
The Mayor and Council shall from time to time by resolution establish
the maximum fees chargeable by towing contractors for basic towing
services. It shall be unlawful for any towing contractor to charge
fees in excess of those prescribed by the Mayor and Council pursuant
to this section.
Editor's Note: The resolution establishing maximum fees
for towing may be found in the Borough offices.
b.
Towing contractors transporting multiple automobiles at one time
may charge up to the maximum allowable fee for each automobile so
transported.
c.
Each towing contractor shall provide all automobile owners using
the towing contractor's services with a written schedule of fees
which lists in full all fees to be charged for towing, storage and
road service within the Borough and which shall not exceed the maximum
charges set forth on the fee schedule established by the Mayor and
Council per this section.
d.
The towing and storage fee schedules of all towing contractors serving
the Borough on a rotational basis shall be filed with the Clerk and
shall be made available to the public during normal business hours
on request.
e.
The towing contractor shall inform the Clerk, in writing, at least
10 business days before amending the towing contractor's towing
and storage charges. The amended rates shall not exceed the maximum
amounts for towing and storage established by the Borough.
f.
Towing contractors shall not request payment from the Borough for
basic towing services, and the Borough shall have no obligation to
pay towing contractors for such services.
g.
Towing contractors shall not remove an automobile from a road within
the Borough if it is evident that the automobile may contain hazardous
waste, unless the towing contractor first receives permission from
the Sussex County Hazardous Waste Materials Coordinator to remove
the automobile. Failure to comply with the provisions of this paragraph
shall constitute a violation of this section and result in forfeiture
by the towing contractor of monies otherwise due for removal of the
automobile.
h.
This section does not prohibit towing contractors from charging additional
fees for nonbasic towing services authorized by the owner of an automobile.
Fees for nonbasic towing services shall be based on the towing contractor's
prevailing hourly labor rates and charges for parts or materials,
and the towing contractor shall inform the owner of the automobile
of those hourly labor rates and the estimated total cost for parts
or materials before performing those services.
i.
Fees shall be disclosed by towing contractors through the use of
a notice on the front or top page of all invoices or receipts. The
rates applicable to basic and nonbasic towing services shall be posted
in a conspicuous place visible to the public at the towing contractor's
place of business.
j.
The towing contractor shall accept from any owner, or his representative,
methods of payment in the form of cash, certified check, money order
and at least one major credit card. The contractor is not required
to accept personal checks for payment.
k.
The towing contractor shall at its expense prepare a printed bill
for distribution to the customer reflecting the fees charged. The
bill shall also include the information set forth in paragraph l of
this subsection and a statement to the effect that all complaints
shall be referred to the Clerk.
l.
Pursuant
to N.J.S.A. 40:48-2.54, the owner of any automobile whose automobile
is towed and/or stored other than at the owner's request may submit
complaints and/or report disputed fees, in writing, to the Clerk.
After receipt by the Clerk of such complaint in writing, the Mayor
and Council shall arrange for investigation of the owner's allegations
and report the outcome of the investigation to the owner within 40
days of the Borough's receipt of the written complaint.
[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.
