[Ord. No. 13-94 § 1]
The Township Committee recognizes the need to assure the health,
safety and welfare of the residents of the Township and the surrounding
communities as well as of the participants in mass gatherings, and
the Township Committee recognizes that the Township and its physical
facilities cannot accommodate the congregation of substantial numbers
of persons and personnel and employees without reasonable regulations.
[Ord. No. 13-94 § 2]
No person shall conduct or promote by advertising or otherwise
a mass gathering for the purpose of musical entertainment of various
designations such as, but not limited to, "pop festival," "rock festival"
or "folk festival" or without limitation, similarly related events
for a similar purpose, etc. which may reasonably be anticipated to
attract 500 or more people at one time until a permit for such gathering
has been obtained from the Township Committee and if applicable, from
the State Mass Gathering Review Board or its successor. The Committee
may issue a permit only when it is satisfied that the gathering is
not inconsistent with the health, safety and welfare of the participants
and the Township including its personnel and employees and officials
and also that of adjacent and surrounding communities and also provided
that the gathering and the event constitute a permitted use as set
forth in the Land Development and the Zoning Regulations of the Township
and the Code for the Zoning District on the premises where it is to
take place. The permit may be issued only upon the vote of a majority
of the whole of the Township Committee.
[Ord. No. 13-94 § 3]
The Township is authorized to designate the maximum number of
persons permitted to attend the mass gathering and to require the
use of a printer licensed by the State Mass Gathering Review Board
if tickets are to be distributed for the gathering. It shall be a
violation of this section to procure tickets in excess of the number
authorized by the Township Committee or to admit persons in excess
of the number authorized by the Township Committee. Each person admitted
in excess of the number authorized shall constitute a separate violation
of this section.
[Ord. No. 13-94 § 4]
All applications for a permit under this section shall be made
at least 120 days prior to the first day proposed for advertising,
and 90 days prior to the first day of the proposed mass gathering,
whichever is earlier. Applications shall be submitted to the Township
Clerk.
[Ord. No. 13-94 § 5]
In addition to any other information the Township Committee
may reasonably require from an applicant, the following information
shall be contained in a permit application to be prepared and filed
by the applicant with the applicable fee per the terms of this section.
a.
The promoter's, producer's and property owner's full
names, residences, telephone numbers and post office addresses and
street addresses and lot and block numbers and whether such promoter,
producer and property owner is an individual, partnership, firm, corporation,
or a governmental unit of agency thereto. If a partnership, the names
and addresses of all of the partners shall be included. If a corporation,
the names and addresses of the officers of the corporation shall be
included. All applicants shall include a financial statement of the
promoter, producer and property owner (dated within 90 days of the
application) as well as current liability insurance certificates.
b.
The lot and block number of the proposed site as shown on the Township
Tax Map and street address and number.
c.
A diagrammatic sketch plan and site plan of the proposed site of
the mass gathering showing the locations and dimensions of the proposed
service roads, entrances and exits, parking facilities, portable water
facilities, sanitary facilities, sewage disposal facilities, medical
service facilities, provision for and distribution of security personnel,
provisions for foot storage and fire prevention and control and projected
plans for enclosure of the proposed site and the number of employees.
If the gathering is to take place entirely within a building, the
application shall include a floor plan with all fire code compliance
provisions and occupancy permits.
d.
A statement of the nature of the gathering and the program of events
with names of performance and also with dates and times scheduled.
e.
A legally sworn document by the owner of the property granting the
permission for use of the property for the gathering to take place.
Further, if the premises are not owned by the applicant, then the
names and addresses also of the lessor or licensor and a copy of the
lease or license to be attached thereto. All such documents shall
be notarized legal documents and sworn to under oath before an appropriate
person so authorized by the laws of the State of New Jersey.
f.
A statement of the number of persons expected to attend such event
and the duration of such attendance.
g.
The specific details, including certified copies of contracts entered
into, or provisions relating to:
1.
Food and drink;
2.
Sanitary facilities;
3.
Transportation and parking facilities;
4.
Security and protection of surrounding areas, including specific
reference to the number of guards or special Police assisting in the
control of traffic and supervision of those attending;
5.
On-site medical facilities and hospital care;
6.
Janitorial services and trash removal.
h.
A statement containing the names of licensed ticket printers to be
used and the plans for assuring the return of monies upon the termination
or cancellation of the event as well as the means of notifying potential
and existing ticketholders of such cancellation. Also, a complete
and detailed statement with respect to any provisions or procedures
that concern the charging of any admissions or fees or cover charges
to any persons anticipated to attend this gathering.
i.
Examples of proposed advertising such as, but not limited to, flyers
and posters of the event, if any.
[Ord. No. 13-94 § 6]
Each application shall include a filing fee in the form of a
certified check or cash in the amount of $500 to be applied towards
the expenses of the Township in reviewing and investigating and processing
the application and also intended to help defray such other expenses
as may be incurred by the Township in connection with the proposed
gathering and event. Same shall be payable to the Township of Upper
Freehold.
[Ord. No. 13-94 § 7]
In reviewing applications submitted and in determining whether
a permit should be issued, the Township Committee shall consider same
with the provisions of this section, and also all items reasonably
necessary to provide it with assurances that the mass gathering shall
not be inconsistent with the health, safety and welfare of the participants
and residents of the Township and surrounding communities including,
without limitations, public equipment, facilities and employees. In
order to ensure that constitutional rights are not violated and in
order to properly define the standard of review to be applied by the
Township Committee, it shall primarily consider, without limitations,
the following items:
a.
Compliance with applicable law and land use and zoning requirements;
b.
Whether the mass gathering is to be conducted or promoted for profit;
c.
Adequate and satisfactory water supply and sewage and sanitary facilities;
d.
Adequate toilet, lavatory and drainage facilities;
e.
Adequate refused storage and disposal facilities;
f.
Adequate medical facilities and personnel (both on site and off site
facilities);
g.
Adequate provisions for the ingress and egress of vehicular and pedestrian
traffic as well as the provision of parking facilities which shall
be required to be entirely on or within the premises;
h.
Provision of wholesome food and sanitary food services;
i.
Provision of adequate fire, first aid, and police protection as well
as security surrounding the area and Board of Health compliance of
the County and Township; and reports from the New Jersey State Police;
j.
Such other matters as the Township Committee may reasonably consider.
[Ord. No. 13-94 § 8]
No mass gathering for the purposes set forth herein shall be
permitted for a duration longer than eight hours and shall be permitted
only between the hours of 9:00 a.m. and 12:00 midnight.
[Ord. No. 13-94 § 9]
In exercising its responsibilities under this section, the Township
Committee may require such additional plans, specification and reports
as it shall deem necessary for a thorough and proper review of the
application.
[Ord. No. 13-94 § 10]
The Township Committee, after reviewing the application for
a permit and after investigating the proposed plans for such mass
gathering, and after considering the facts and circumstances relating
to the particular premises to be used and after considering, without
limitation, the input of the New Jersey State Police and law enforcement
authorities, the Board of Health and health officials, adjoining municipalities,
the Fire Department, the local First Aid Squads, the Code Enforcement
and Zoning Officer, the Fire Subcode Official, which reports of the
officials and input may be requested by the Township Clerk in writing,
may issue a permit if it concludes that the application complies with
the Land Use and Zoning Regulations and this section and provisions
hereof and that the holding of such mass gathering shall not be inconsistent
with the public health, safety and welfare of the participants and
the residents of the Township and the surrounding communities.
[Ord. No. 13-94 § 11]
In granting such a permit, the Township Committee is specifically
empowered to impose such reasonable terms and conditions upon the
applicant as it deems necessary and proper to insure compliance with
the provisions of this section and to insure that the public health,
safety and welfare of the participants and the residents of the Township
and surrounding communities will not be impaired. Such conditions
may include, but need not be limited to:
a.
A maximum limit of time during which the mass gathering may be held
without discontinuing or disbanding.
b.
Requiring installation of such facilities and the providing of such
services at the expense of the applicant as may be necessary;
c.
Requiring, where advertising is used, appropriate notations relating
to the enforcement of the drug and substance laws of the State of
New Jersey, geographical designation of parking facilities to be utilized
and the ticket agencies or persons from whom money may be returned
in the event of cancellation of the mass gathering;
d.
Requiring a performance bond and/or guaranty or other suitable financial
security including cash reasonably related thereto in an amount appropriate
to the nature and extent of the undertaking involved and which guaranty
is subject to the review and approval as to form and amount and by
whom issued. The review and approval shall be accomplished by of the
Township Auditor, the Chief Financial Officer, the Township Attorney
and the Township Committee, and shall be specifically related to the
nature and extent of the undertaking involved and shall be in compliance
with this section and with all the conditions of any issued permit
and particularly without limitation also related to:
e.
Requiring a Certificate of Insurance in the amount of $500,000 for
bodily injury and property damage that also names the Township of
Upper Freehold as an additional named insured and holding the Township,
its officials and employees harmless from any and all claims for damages
which may be brought in connection with the event and from any and
all claims whatsoever that may result with same including providing
defense and indemnification of this Township and those related to
it as set forth herein. The Certificate of Insurance shall only be
accepted from an insurance company licensed and authorized to do business
in the State of New Jersey.
[Ord. No. 13-94 § 12]
Designated representatives of the Township shall be permitted
to inspect at any time the site of the mass gathering for the purpose
of investigating an application and for the purpose of insuring compliance
with the provisions of this section and the regulations issued hereunder.
The Township Committee is authorized to revoke any permit for cause
and specifically for the failure to comply with conditions imposed
pursuant to this section.
[Ord. No. 13-94 § 13]
a.
In addition to any action on the guaranty required and/or the revocation of any permit provided for herein and/or the revocation and/or claim as to any guaranty herein, any person and/or entity violating this section and/or which participates in a violation of this section as well as any conditions of any issued permit related herein shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5, all in the discretion of the Court and as the Court may direct. The penalties set forth herein are subject to be imposed upon any person, corporation, entity and/or others violating any provisions of this section and the permits that may be issued related thereto and the Court shall have the ability to impose each penalty set forth or impose any one of them or any combination of them or all of them in the discretion of the Court.
b.
Except as otherwise provided, every day in which a violation of any
provision of this section or any permit issued related thereto takes
place shall constitute a separate violation of this section and be
subject to the same penalties as hereinbefore set forth in the discretion
of the Court for each violation and conviction. A continuation of
such violation for each successive day shall, upon conviction, constitute
a separate offense and the person or persons or entities allowing
and/or permitting the continuation of the violation may also be punished
as provided for above for each and such separate offense.
[Ord. No. 13-94 § 14]
The rights of the Township are not limited and shall be as permitted
by law and shall include the right to file a law suit. Also, the Township
may institute a civil action in a Court of competent jurisdiction
for injunctive relief and for such other further relief as the Court
shall deem proper. In such an action, the Township may request that
the Court proceed in a summary manner if necessary. Neither the institution
of the action, nor any of the proceedings therein shall be deemed
exclusive and the Township may proceed in any manner in its discretion
pursuant to law it may deem appropriate. Nor shall any other such
legal action relieve any person or entity from the penalty prescribed
for a violation of this section.
[1977 Code § 50-1; Ord. No. 12-94 § 1]
As used in this section:
Shall mean any parade, march, ceremony, show, exhibition,
pageant, procession of any kind, theatrical performance as commonly
known and defined in Webster's New Collegiate Dictionary, any
type of musical event or event or gathering or assemblage wherein
there is music, any event open to the public wherein a donation or
cover charge or fee or money of any kind is charged or requested of
any person for admission or attendance, or any similar display or
activity in or upon any State park, public place or private property
in the Township, any of which may have more than 500 persons at any
one time or which may be reasonably anticipated to attract more than
500 persons at any one time.
[1977 Code § 50-2; Ord. No. 12-94 § 2]
a.
No person shall maintain, conduct, promote, participate in or operate
on any lands or premises within the Township any assemblage, unless
an assemblage permit shall have been obtained from the Township Clerk
after review by the Mayor and Township Committee.
b.
No person having any right to or interest in any real property within
the jurisdiction of the Township shall license, rent, lease or otherwise
permit the use of real property or any part thereof for an assemblage
as defined herein, except pursuant to a special permit issued by the
Township Committee as hereinafter provided.
c.
The fee for the issuance of an assemblage permit shall be $500. Such
fee by certified check or cash shall accompany the completed application
when filed with the Township Clerk. The fees herein fixed for the
issuance of such permits are imposed, without limitation, to assist
also in defraying administrative and related expenses to the Township.
With the fee shall be submitted a required zoning permit for the assemblage
from the Township Zoning Officer.
[1977 Code § 50-3]
A person seeking issuance of an assemblage permit shall file
a verified application with the Township Clerk on forms to be provided
by such office.
a.
Filing Period. An application for an assemblage permit shall be filed
with the Township Clerk at least 90 days before the date on which
it is proposed such assemblage be conducted.
b.
Contents. The application for an assemblage permit shall set forth
the following information in full detail:
1.
The name, address and telephone number of the person or persons seeking
to conduct such assemblage.
2.
If the assemblage is proposed to be conducted for or on behalf of
or by an organization, the names, addresses and telephone numbers
of the officers or promoters of such organization, together with the
address of the headquarters of such organization.
3.
The name, address and telephone number of the person who will be
personally responsible for its conduct.
4.
The date when such assemblage is to be held.
5.
In the event that the assemblage is a parade or march, the route
to be traveled, including the starting point and the termination point,
together with all roads and streets to be traversed during the course
of the assemblage.
6.
In the event that the assemblage is other than a parade or march,
then the designation of the place of assemblage by lot and block and
street address.
7.
The approximate number of persons who and animals and vehicles which
will constitute the assemblage.
8.
The period of time when the assemblage will be held.
9.
In the event that the assemblage is a parade or march, a statement
as to whether the assemblage will occupy all or only a portion of
the width of the street proposed to be traversed.
10.
If the assemblage is designed to be held by and on behalf of or for
any person other than the applicant, a communication in writing from
the person proposed to hold the assemblage authorizing the applicant
to apply for the permit on his behalf.
11.
Any additional information which the Mayor and Township Committee
shall find reasonably necessary for a fair determination as to whether
the permit should be issued.
12.
A written recommendation of the New Jersey State Police, Hightstown,
New Jersey.
c.
The application shall be signed by all persons actually in charge
of the event and by the property owners on whose property the proposed
event is to take place.
d.
Late Applications. The Township Committee, where a good cause is
shown why the limit under paragraph a., above, could not be complied
with, shall have the authority to consider any application hereunder
which is filed less than 30 days before the date such assemblage is
proposed to be conducted.
[1977 Code § 50-4]
The Township Committee shall order the issuance of a permit
provided for hereunder when, from a consideration of the application
and from such other information supplied to it by any person or organization,
it shall find that:
a.
The assemblage will not substantially interrupt the safe and orderly
movement of other traffic contiguous to its routes.
b.
The assemblage will not require the diversion of so great a number
of ambulances as to prevent normal ambulance service to portions of
the Township other than that to be occupied by the assemblage.
c.
The concentration of persons, animals and vehicles at assembly points
of the assemblage will not unduly interfere with the proper fire and
police protection of or ambulance service to areas contiguous to such
assembly areas.
d.
The conduct of the assemblage is not likely to cause injury to persons
or property, provoke disorderly conduct or create a disturbance.
e.
In the event that the assemblage is a parade or march, the assemblage
is scheduled to move from its point of origin to its point of termination
expeditiously and without unreasonable delays en route.
f.
The assemblage will not substantially endanger the life, limbs or
property of those persons attending the assemblage and that there
is proper water, food and shelter for the persons attending the assemblage.
g.
There will be proper sanitary facilities provided for those persons
attending the assemblages.
[1977 Code § 50-5; Ord. No. 12-94 § 4]
a.
If the Mayor and Township Committee shall approve the application,
the Clerk shall mail to the applicant at least 30 days prior to the
date of the assemblage, a notice of their action. In the event that
such application shall not be approved, like notice shall be sent,
at least 30 days prior to the date of assemblage or at such reasonable
time prior to the date of the assemblage setting forth the reasons
for such denial of the permit.
b.
With respect to the dates herein set forth, the thirty-day response
shall apply only in the event the application has been filed at least
90 days prior to the date on which it is proposed that such assemblage
be conducted.
c.
The Township Committee does not have jurisdiction to issue a permit
unless same is permitted by the Land Use Regulations and the Zoning
Regulations of the Township.
[1977 Code § 50-6; Ord. No. 12-94 § 5]
Immediately upon receipt of an application for an assemblage
permit, the Township Clerk shall send a copy to the following persons
and entities:
a.
Mayor;
b.
Township Attorney;
c.
Monmouth County Prosecutor;
d.
Fire Chief of any Fire Company; volunteer or otherwise in the Township
and Allentown including those in Washington Township, Millstone Township,
Jackson Township, Hamilton Township, and Plumsted Township.
e.
Chief of Police if any, as well as the Chief of Police in every adjoining
municipality;
f.
Superintendent of the New Jersey State Police as well as the Commander
of Bordentown and Hightstown State Police stations;
g.
First Aid Squads and Captains of each for every adjoining municipality
including the Allentown First Aid Squad and any First Aid Squad in
the Township;
h.
Monmouth County Board of Health and the Board of Health of the Township
and the Health Officer of the Township;
i.
Construction Official and Subcode Officials including the Fire Prevention
Officials and the Zoning Officer and Code Enforcement Officer;
j.
Assessor;
k.
Prosecutor;
l.
Emergency Management Office.
[1977 Code § 50-7]
An assemblage permit shall contain the following information:
a.
Starting time;
b.
Location of assemblage;
c.
In the event that the assemblage is a parade, the maximum and minimum
speed, together with the portions of the streets to be traversed or
which may be occupied by the parade, and such other information as
the Mayor and Township Committee shall find necessary for the enforcement
of this section; and
d.
The location of the assemblage, including lot and block and street
address, together with the hours of the assemblage, and location of
proper local health facilities as set forth above.
[1977 Code § 50-8]
Any permittee shall comply with all permit directions and conditions
and with all applicable laws and regulations of the Township.
[1977 Code § 50-9]
The person making application for the assemblage permit shall
carry the assemblage permit upon his person during the conduct of
any such assemblage.
[1977 Code § 50-11; Ord. No. 12-94 § 6]
a.
No assemblage permit shall be issued unless and until there has been
filed and delivered to the Township Clerk a certificate of insurance
in the amount of $500,000 for bodily injury and property damage naming
the Township of Upper Freehold as an additional named insured which
shall state it is intended to defend and indemnify and save harmless
the Township from any and all claims which may arise as result of
the assemblage and any and all matters that may be related with respect
to the subject assemblage (which insurance policy and appropriate
certificate of insurance shall be by and from a licensed insured company
authorized to do business in the State of New Jersey).
b.
No assemblage permit shall be issued unless and until the applicant
shall have posted a cash guaranty or other satisfactory form of security
in a form and amount to be determined by the Township Committee which
guaranty shall be expressly conditioned upon performance of such conditions
and contained in this section and as the Township Committee may set
forth in the permit and required in the guaranty and shall include
the legal clean-up and disposal of the entire area and contiguous
and adjacent areas wherein the assemblage or event is to be held.
[1977 Code § 50-12; Ord. No. 12-94 § 7]
The Township Committee in its discretion shall have the authority to revoke an assemblage permit issued hereunder at any time upon notice of the failure of the permittees to comply with the permit or the violation of any of the standards for issuance as herein set forth in this section or as may be set forth in the permit for assemblage. It shall also be a ground for revocation when any such application and the conditions of any permit related thereto shall fail to contain and comply with all of the contents as set forth in this section including, without limitation, subsection 4-2.3 and the conditions and requirements of any permit issued.
[1977 Code § 50-10]
a.
No person shall unreasonably hamper, obstruct or impede or interfere
with any assemblage or with any person, vehicle or animal participating
or used in an assemblage.
b.
In the event that the assemblage is a parade, no driver of any motor
vehicle shall drive between the vehicles or persons comprising any
parade when such vehicles or persons are in motion and are conspicuously
designated as a parade.
c.
The police authority shall have the authority, when reasonably necessary,
to prohibit or restrict the parking of vehicles along a highway or
part thereof constituting a part of the route of the assemblage. The
police authority shall post signs to such effect, and it shall be
unlawful for any person to park or leave unattended a vehicle in violation
thereof. No person shall be liable for parking in a street unposted
in violation of this chapter.
[Ord. No. 112-03]
Any person who shall violate or aid in or take part in or assist in violation of this section in any manner or any of the conditions of any assemblage permit or failure to comply in any way with this section as to assemblage, permit, or any other applicable law and regulations and conditions related thereto shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1977 Code § 90-1]
As used in this section:
Shall mean and be included in the category of peddler or
hawker, as set forth herein, and shall include junk dealers.
Shall mean any person, whether a resident of the Township
or not, who goes from house to house, from place to place or from
street to street, conveying or transporting goods, wares or merchandise
and offering or exposing the same for sale or making sales and delivering
articles to purchasers.
Shall mean any person, whether a resident of the Township
or not, who goes from house to house, from place to place or from
street to street, soliciting or taking or attempting to take orders
for sale of services, goods, wares or merchandise, including magazines,
books, periodicals, photographs or personal property of any nature
whatsoever, for future delivery or for services to be performed in
the future, whether or not such individual has, carries or exposes
for sale a sample of the subject for such order or whether or not
he is collecting advance payments on such orders, and shall also include
any person who distributes circulars or any other matter from house
to house in the Township.
[1977 Code § 90-2]
It shall be unlawful for any hawkers, peddlers, canvassers or
solicitors, as defined in this section, to engage in any such business
or operations in the Township without having first obtained a license
in compliance with the provisions of this section and, in any event,
only in accordance with the terms and provisions of this section.
[1977 Code § 90-3]
The terms of this section shall not be held to include the acts
of persons selling personal property at wholesale to dealers in such
articles, and nothing contained herein shall be held to prohibit any
sale required by statute or by order of any court.
[1977 Code § 90-4]
a.
An applicant for a license under this section shall file with the
Township Clerk a sworn application in writing, which shall give the
following information:
1.
Name and physical description of the applicant.
2.
Complete permanent home and local address of the applicant.
3.
A description of the nature of the business and the goods, services
or wares to be sold.
4.
If employed, the name and address of the employer, together with
credentials therefrom establishing the exact relationship.
5.
The length of time for which the right to do business is desired
and the days of the week and the hours of the day within which the
business will be conducted.
6.
The source of supply of the goods or property or services proposed
to be sold; where such goods, services or products are located; and
the method of delivery.
7.
Three recent photographs of the applicant, which shall be approximately
two by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
8.
Appropriate evidence as to the good character and business responsibility
of the applicant as will enable an investigator to properly evaluate
such character and business responsibility.
9.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal regulation,
other than traffic violations; the nature of the offense; and the
punishment or penalty assessed therefor.
b.
No license shall be issued until the application shall have been
approved by the Township Clerk, allowing adequate time for investigation
of the facts set forth in the application.
c.
Applications for partners shall be signed by all partners, with foregoing
provisions of this section answered in detail as to each partner,
and applications of corporations shall have attached thereto individual
statements, in accordance with all of the provisions of this section,
relating to each and every employee, agent or servant who shall engage
in any of the functions authorized by this section and signed by each
such employee, agent or servant and in full compliance herewith by
each such individual.
[1977 Code § 90-5]
a.
Any person, organization, society or association desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Township for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of subsections 4-3.4 and 4-3.7, provided that there is filed a sworn application in writing with the Township Clerk, which shall give the following information:
1.
Name and purpose of the cause for which the permit is sought.
2.
Name and addresses of the officers and directors of the organization.
3.
Period during which solicitation is to be carried on.
4.
Whether or not any commission, fees, wages or emoluments are to be
expended in connection with such solicitation and the amount.
5.
Name and address of each agent or representative who will conduct
solicitations and the length of time that the agent or representative
has been employed or affiliated with such organization, society, association
or corporation.
b.
Upon being satisfied that such person, organization, society or association
is a religious, charitable, patriotic or philanthropic organization
and that the agents or representatives who shall conduct the solicitations
are of good moral character and reputation, the Township Clerk shall
issue a permit without charge to such organization, association or
corporation to solicit in the Township. Such organization, association,
society or corporation shall furnish all its members, agents or representatives
conducting solicitation with credentials in writing, stating the name
of the organization, name of the agent and purpose of solicitation.
[1977 Code § 90-6]
a.
Each application shall be referred to the Township Clerk who shall
immediately institute such investigation of the applicant's business
and moral character as he deems necessary for the protection of the
public good, and he shall endorse the application in the manner prescribed
in this section within a reasonable period of time after it has been
filed by the applicant.
b.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory or the product
or services are not free from fraud, the Township Clerk shall endorse
on such application his disapproval and his reasons for the same and
shall notify the applicant that his application is disapproved and
that no license will be issued.
[1977 Code § 90-7; Ord. No. 112-03]
b.
Any veteran who holds a special State license issued under the laws
of the State of New Jersey shall be exempt from payment of the license
fee, as provided herein, for hawking and peddling, but shall be required
to comply with all other provisions of this section including display
of proper identification when requested.
c.
Any person to whom a valid mercantile license shall have been issued
under provisions of laws other than this section shall be exempt from
securing a license as provided in this section, but the person or
the person's employees, agents or servants shall be required
to comply with all other subsections of this section and shall be
required to procure from the Township Clerk a permit, upon proper
identification and compliance herewith.
[1977 Code § 90-8]
Every person, society, association or organization to whom a
license is issued under the terms of this section shall be governed
by the following rules and regulations:
a.
All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same.
b.
No person subject to the provisions of this section shall canvass,
solicit or distribute circulars or other matter or call from house
to house except during reasonable hours of the day and on weekdays.
c.
No person subject to the terms of this section shall enter or attempt
to enter the lands or house of any resident in the Township without
an express invitation from the occupant of the house.
d.
No person subject to this section shall conduct himself in such a
manner as to become objectionable to or annoy an occupant of any house.
[1977 Code § 90-9]
a.
No licensee or any person in his behalf shall shout, cry out, blow
a horn, ring a bell or use any sound-making or amplifying device upon
any of the streets, parks or other public places of the Township or
upon private premises where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the
streets, avenues, parks or other public places for the purpose of
attracting attention to any goods, wares, merchandise or services
which the licensee proposes to sell.
b.
No licensee shall have any exclusive right to any location in the
public streets, nor shall any be permitted a stationary location,
nor shall any be permitted to operate in a congested area where such
operation might impede or inconvenience the public use of such streets.
For the purpose of this section, the judgment of the Township Clerk,
exercised in good faith, shall be deemed conclusive as to whether
the area is congested and the public impeded or inconvenienced.
[1977 Code § 90-10]
Licenses are required to exhibit their certificates of license
at the request of any citizen.
[1977 Code § 90-11]
The Township Clerk shall maintain a record for each license
issued and shall record all convictions for violations of this section.
[1977 Code § 90-12]
a.
Licenses issued under the provisions of this section may be revoked
by the Mayor and Township Committee after notice and hearing for any
of the following causes:
1.
Fraud, misrepresentation or a material incorrect statement contained
in the application for the license.
2.
Fraud, misrepresentation or a material incorrect statement made in
the course of carrying on the business as solicitor, canvasser or
peddler.
3.
Any violation of this section.
4.
Conviction of any crime or misdemeanor.
5.
Conducting the business of peddler, canvasser or solicitor, as the
case may be, in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
b.
Notice of the hearing for revocation of a license shall be given
by the Township Clerk in writing, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for hearing or shall be delivered
by a Police Officer in the same manner as a summons at least three
days prior to the date set for hearing.
[1977 Code § 90-13]
All annual licenses issued under the provisions of this section
shall expire at midnight on December 31 in the year when issued. Any
license other than an annual license shall expire at midnight on the
date specified in the license.
[1977 Code § 90-14]
This section shall not affect any person engaged in delivering
wares, goods or merchandise or other articles or things in the regular
course of business to the premises of the person ordering or entitled
to receive the same.
[1977 Code § 90-15; Ord. No. 112-03]
[Ord. No. 62-00 § 1; Ord. No. 112-03]
The Township Committee, upon recommendation of the Township Board of Health, finds that campgrounds including those as defined under Chapter 35, Land Use Regulations, Section 35-607; N.J.S.A. 45:22A-49 et seq. referring to proprietary campground facility; the New Jersey State Sanitary Code, Chapter 11, Public Campgrounds, N.J.A.C. 8:22-1.1 et seq., and if applicable, the New Jersey Sanitary Code, Chapter 9, Public Recreational Bathing, N.J.A.C. 8:26-1 et seq., may under some circumstances create dangers to health and safety. Dangers include but are not limited to: falls, spread of disease and death.
[Ord. No. 62-00 § 2; Ord. No. 112-03]
As used in this section, a campground shall include a proprietary campground and those definitions and citations in this section and in N.J.S.A. 45:22A-49 et seq., N.J.A.C. 8:22-1.2, the Revised General Ordinances of the Township of Upper Freehold, Chapter 35, Land Use Regulations, Section 35-607, and if applicable, N.J.A.C. 8:26-1.3, are hereby adopted and incorporated by reference and made a part hereof as though fully set out herein.
[Ord. No. 62-00 § 3; Ord. No. 112-03]
No person, firm, corporation or association shall operate any
campground facility and/or related campground and/or proprietary campground
facility without complying with the terms of this section and applicable
New Jersey law and regulations. After the effective date of this (section)
ordinance,[1] no such facility shall be opened for use and no existing facility shall be continued in use until an annual permit has been obtained from the Upper Freehold Township Board of Health and/or through its agent. The fee for each annual permit shall be $200 and an additional $200 if the facility offers a public bathing facility as defined in the New Jersey Sanitary Code, Chapter 9, Public Recreational Bathing, N.J.A.C. 8:26-1.3. The Upper Freehold Township Board of Health and/or its agent shall have the right to formally inspect each facility on an annual basis and inspect informally from time to time at the discretion of the Upper Freehold Township Board of Health and/or its agent thereafter.
[1]
Editor's Note: This Ordinance 62-00 was adopted on March
23, 2000.
[Ord. No. 62-00 § 4; Ord. No. 112-03]
The regulations set out in the legal citations in this section as to New Jersey Statutes and the New Jersey Administrative code herein including New Jersey Statutes, N.J.S.A. 45:22A-49 et seq. and the New Jersey State Sanitary Code, Chapter 11, Public Campgrounds, N.J.A.C. 8:11-1.1 et seq. and the New Jersey Sanitary Code, Chapter 9, Public Recreational Bathing, N.J.A.C. 8:26-1 et seq. are hereby adopted and incorporated by reference and made a part hereof as though fully set out herein. Such regulations shall apply except where this section specifically provides otherwise. All construction, operation, monitoring, sign posting and all other regulations set out therein shall be followed at each campground. Three copies of this section shall be kept available for the public to read at the Office of the Township of Clark.
[Ord. No. 62-00 § 5; Ord. No. 112-03]
The Upper Freehold Township Health Officer shall review and have jurisdiction on how to comply with this Code and its provisions and with the requirements set out in the New Jersey Statutes, N.J.S.A. 45:22A-49 et seq. and the New Jersey State Sanitary Code, Chapter 11, Public Campgrounds, N.J.A.C. 8:22-1.1 et seq. and the New Jersey Sanitary Code, Chapter 9, Public Recreational Bathing, N.J.A.C. 8:26-1 et seq. stated in subsection 4-4.4.
[Ord. No. 62-00 § 6]
In addition to any other available remedies, the Upper Freehold
Township Board of Health and/or its agent may issue a stop order which
requires any campground to cease operation whenever the construction
or operation of such facility shall be removed after the conditions
leading to the issuance of the stop order have been corrected.
[Ord. No. 62-00 § 7]
Any violation of this section is hereby declared to be a nuisance.
In addition to any other relief provided by this section, the Township
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this section. Such
application for relief may include seeking a temporary restraining
order, temporary injunction and permanent injunction.
[Ord. No. 62-00 § 8; Ord. No. 112-03]
[Ord. No. 225-09]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a clothing donation bin within
the Township for solicitation purposes unless all of the following
requirements are met:
a.
The clothing donation bin is owned or sponsored by a charitable organization
registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.)
or is sponsored by any department of the Township;
b.
The registered charitable organization has obtained a permit, valid
for a twelve-month period, from the Township's Zoning Officer
in accordance with the following:
In its application for such a permit, the registered charitable
organization shall indicate:
1.
The location where the bin is currently situated or proposed to be
situated;
2.
The manner in which the charitable organization anticipates any clothing
or other donations collected via the bin would be used, sold, or dispersed
and the method by which the proceeds of collected donations would
be allocated or spent;
3.
The name and telephone number of the bona fide office of the charitable
organization and any entity which may share or profit from any clothing
or other donations collected via the bin; and
4.
Written consent from the property owner to place the bin on its property.
The Zoning Officer shall not grant a permit to place, use, or
employ a clothing donation bin if it determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include,
but not be limited to, the placement of a clothing donation bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
In cases when any entity other than the entity which owns the
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared or given entirely
to, an entity other than the entity which owns the bin, and identifying
all such entities which may share or profit from such donations; and
The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the clothing donation bin in addition to the information required pursuant to subsection 4-5.1.
[Ord. No. 225-09]
The Zoning Officer shall impose a fee for such application,
in the amount of $25 annually for each bin to offset the costs involved
in enforcing this section.
An expiring permit for a clothing donation bin may be renewed
upon application for renewal and payment of the applicable annual
fee. Such application for renewal shall contain all the information
as required for the original issuance of said permit.
The owner of any clothing donation bin which is sponsored by
any department of the Township shall be required to comply with the
licensure requirements hereof, but shall specifically be exempt from
the fee requirement hereof.
[Ord. No. 225-09]
a.
The bins are not to be placed in the front yard.
b.
A minimum ten-foot setback from property lines should be required.
c.
Bins should not be placed in any required driveways or on any unimproved
lot.
d.
No bins permitted on residential properties.
e.
Whenever possible, the bins should not be placed on lots adjacent
to residences; however, should the Zoning Officer determine that it
is appropriate to establish a bin on such a location, it must be set
back a minimum of 10 feet.
f.
Bins may be placed within a parking area, provided the Municipal
Engineer determines that the space or spaces dedicated to the bin
are underutilized.
[Ord. No. 225-09]
It shall be the duty of each registered charitable organization
issued a permit hereunder to properly maintain and service any clothing
donation bin placed within the Township so as to prevent such clothing
bin from creating any nuisance, hazardous or unsafe condition.
[Ord. No. 225-09]
The Zoning Officer shall, upon receipt of a complaint by a local
resident or any other person that a clothing donation bin is causing
a nuisance, hazardous or unsafe condition, investigate such complaint
and take such enforcement action as is permitted pursuant to N.J.S.A.
40:48-2.62 and N.J.S.A. 40:48-2.63. The Zoning Officer shall not be
authorized to issue more than two clothing donation bin permits at
any given site.
[Ord. No. 225-09]
Any licensee who violates any provision of this section and
fails to cure such violation within 48 hours of notice of such violation
shall be subject to the following penalties, in addition to those
penalties and remedies as set forth in N.J.S.A. 40:48-2.62 and 40:48-2.63:
