The general power to license and prescribe license fees
is contained in R.S. 40:52-1.2. Licensing is also a part of the general
police power granted by R.S. 40:69A-29, 30. Relative to bingo and
raffles see the Bingo Licensing Law R.S. 5:8-24, et seq., and the
Raffles Licensing Law as set forth in R.S. 5:8-50, et seq.
[Ord. 1979-20; Ord. 1983-5; Ord. 1988-6]
It is the intent of this chapter to provide uniform and detailed
standards for the issuance by the township clerk of all municipal
licenses except alcoholic beverage licenses.
In the event of a denial of any license or of a suspension or revocation of a license or a refusal to end same or of a refusal to schedule nonprofit solicitation as requested by the township clerk, the applicant shall have the right of an appeal to the township council as soon after denial as an appeal can be scheduled. The council shall hear such appeal de novo and a decision shall be made within 20 days from date of the filing of the notice of appeal. Notice of appeal shall be filed with the clerk on forms the clerk shall provide within five days after the applicant has been informed in writing of the decision from which appeal is taken and of the reasons for the said decision and of the right of appeal. At any such hearing the rules as set forth in subsection 6-1.13 shall apply.
All license application forms shall be promulgated by the clerk
by filing same with the township council. Such forms or amendments
thereof shall enter into use ten days after filing.
All applications for licenses under this chapter made to the
municipal clerk shall contain the following information in a form
relevant to the license applied for:
a.
Name and permanent and local address of the applicant. If the
applicant is a corporation, the name and address of its registered
agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description, including the license
and serial number
d.
If the applicant is employed by another, the name and address
of the employer, together with credentials establishing the exact
relationship.
e.
The days of the week and the hours of the day during which the
licensed activity will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied or the activity to be undertaken.
g.
A statement as to whether the applicant has been convicted of
any crime or of the violation of any municipal ordinance other than
traffic offenses and, if so, the date and place of conviction, the
nature of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and responsibility
of the applicant to conduct the licensed activity, so that an investigator
may properly investigate same.
i.
The applicant, if he is the owner of the premises or property on
which the licensed activity is to occur, shall certify that any and
all taxes or assessments on the property wherein the business or activity
for the license is sought or wherein the licensed activity or business
is to be conducted have been paid. Failure of such taxes and/or assessments
to be paid may result in a denial of any license.
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Applications by partnerships shall be signed by all partners
with the information required by this subsection supplied in detail
as to each partner, and application of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
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The applicant shall affix to the application two photographs,
not over one year old and of a minimum size of 1 1/2 inches by
1 1/2 inches, showing applicant's face, front and profile.
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Once a license is granted, it is the obligation of the licensee
to insure that the license information in the township's files is
current at all times.
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Each application shall be referred to the chief of police who shall immediately investigate the applicant's prior activities in order to determine his responsibility, moral character and ability to conduct properly the licensed activity without harm to the public. He shall communicate his findings in writing and recommend approval to the township clerk within ten days after the application has been filed. If the chief of police decides that the applicant's record is such that the applicant cannot reasonably be presumed to possess sufficient responsibility, moral character and ability to conduct properly the licensed activity without harm to the public, he shall notify the clerk, who shall refuse to issue the license and so notify the applicant in writing pursuant to subsection 6-1.2.
In the event that it appears to the clerk that all the necessary
information has been provided and that no impediment exists, the clerk
shall issue the license forthwith provided the required license fees
have been paid.
Licenses shall be in a form which the council shall prescribe
by resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if
the activity is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make,
model, color and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the township council
may, from time to time by resolution direct the clerk to require.
The township clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the council and shall contain the same information as is required by subsection 6-1.6 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date on which payment was received, the date of issuance of the license, whether the license is new or is a renewal, and any other information which the township council may require by resolution.
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it on the request of a police officer or any person with whom he is
doing business.
Each license shall apply only to the person to whom it was issued
and shall not be transferable to another person. Licenses may be transferred
from place to place, in cases where the licensed activity is conducted
at a fixed location, but only ten days after filing a notice of the
change with the clerk. The fee for the transfer of a license from
place to place shall be $15.
Except where expressly provided otherwise, all licenses shall
expire on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
Any license or permit issued by the township may be revoked
by the clerk after notice and a hearing for any of the following causes:
a.
Fraud or misrepresentation in any application for a permit or
license.
b.
Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
c.
A violation of any provision of this section.
d.
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
e.
Conduct of the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare as defined by statute, ordinance, regulation
or pursuant to a judicial decision.
f.
Whenever a license has been issued immediately upon application,
pending the results of the investigation, it may be summarily revoked
if the result of the investigation is such as would have resulted
in denial of the license initially.
g.
Failure of any licensee who is the owner of the property on
which a licensed business or activity is located to pay taxes due
on the property for at least three consecutive quarters. This section
shall not apply to any alcoholic beverage license or permit issued
pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et
seq.
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the township clerk. The notice shall
specifically set forth the grounds on which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at the address listed on his application
by certified mail, return receipt requested, at least five days prior
to the date set for the hearing. Licensees shall continue as licensed
pending said hearing except when served with notice of summary revocation
pursuant to subparagraph 6-1.11f.
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses, and to have a
permanent record made of the proceedings at his own expense. The clerk
shall revoke or suspend the license if satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
No person whose license is suspended or revoked shall receive
any partial or total refund of the annual license fee.
Each and every day in which a violation of any provision of
this chapter exists shall constitute a separate violation hereof.
The clerk may issue another license to a person whose license
has been revoked or denied as provided in this section if, at any
time after the initial hearing, the clerk is satisfied by clear and
convincing evidence that the acts which led to the revocation or denial
are not likely to occur again.
The clerk may make rules and regulations for the purpose of
administering the provisions of this chapter. No regulation shall
be inconsistent with or alter or amend any provision of this chapter,
and no regulation shall impose any requirement which is in addition
to or greater than the requirements that are expressly or by implication
imposed by any provision of this chapter. Such regulations shall take
effect no less than 10 days after being filed with the township council.
[Ord. 1979-20]
As used in this section, the words "itinerant sales person"
shall include any person traveling by any means from place to place
within the township for the purpose of soliciting retail sales of
any type. The words "itinerant sales person" shall not include any
person engaged in the delivery of retail goods to any person who has
previously ordered same nor shall it include any sales person keeping
an appointment with a potential customer who has previously agreed
to such appointment. The words "itinerant sales person" shall include
the words "hawker", "huckster", "vendor", "solicitor", "canvasser"
or "peddler", except as otherwise regulated in this chapter.
It shall be unlawful for any person to engage in the business
of itinerant sales within the township without first obtaining a license
as provided by this section.
The license fee for an itinerant sales person on foot shall
be $25 per year. The license fee for an itinerant sales person from
a vehicle shall be $50 per year.
Itinerant sales people may follow regular routes but shall not
stop or stand on township roads or property except when actually serving
customers. No itinerant sales person shall solicit business within
250 feet of any intersection regulated by a traffic light or within
150 feet of any intersection regulated by a stop sign nor on U.S.
Route 130, N.J. Route 33 or County Route 571.
No itinerant sales person shall operate in the township before
9:00 a.m. or after 5:00 p.m.
It shall be the duty of any police officer of the township to
require a person seen engaging in the licensed activity, and who is
not known by such officer to be licensed, to produce his license,
and to enforce the provisions of this section against any person found
to be violating the same.
No requirement of this chapter shall be construed to abrogate
the special rights and privileges of:
The equipment used by itinerant sales people selling foods shall
be maintained in a clean and sanitary manner and be subject to inspection
by the health officer or his authorized agents. Any violation found
and not immediately corrected shall be grounds for revocation of the
license.
In addition to the information required by subsection 6-1.4, an application for an itinerant sales person's license shall indicate the nature of the goods or services to be sold, the place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery and sale and the routes or territories to be covered on a regular basis with an approximate time schedule.
The applicant shall further certify that neither he nor the
product or service he sells has been the defendant or subject in any
action successfully prosecuted by any consumer affairs agency of any
government in New Jersey.
The township clerk shall issue to each licensee, at the time
of issuance of his license, a badge on which shall appear the words
"Licensed Itinerant Sales Person", the period for which the license
is issued and number of the license, in letters and figures easily
discernible from a distance of ten feet. Such badge shall be worn
constantly by the licensee on the front of his outer garment, in such
a way as to be conspicuous during the time he is engaged in soliciting.
[Ord. 2005-22; Ord. 2006-12]
[1]
Editor's Note: Prior ordinance history includes
portions of Ordinance Nos. 1979-20 and 1984-30.
The purpose of this section is to protect township residents
from criminals and fraudulent solicitation.
Nonprofit solicitation shall mean the solicitation of monetary
contributions, when the purpose of such activity is to produce revenue
for a patriotic, religious, service, welfare, benevolent, educational,
civic or fraternal, or political entity whether or not such entity
is incorporated as a corporation not for profit or is otherwise organized,
so long as its purpose is one of those above stated and is not pecuniary
gain. This section shall not apply to canvassing or solicitation by
such organizations when no monetary contributions are being solicited.
No person or organization shall engage in nonprofit solicitation
within the township without first registering for a permit authorizing
such solicitations; provided, however, that the provisions of this
section shall not apply to solicitations by organizations which solicitations
are conducted only among their own members, or if the solicitations
are in the form of collections or contributions at the regular assembly
or meeting of any such organizations.
Registration for a permit for nonprofit solicitations shall
be made to the township clerk on forms provided by the clerk, or by
signed letter setting forth the following information:
a.
The name and address of the organization and the purpose for
which the solicitation is to be made.
b.
The name, address and birth date of the person who will be in
direct charge of conducting the solicitation.
c.
The names, addresses and birth dates of all persons making the
proposed solicitation.
d.
The time and dates when such solicitations shall be made.
The investigation shall be limited to that sufficient for the
chief of police to make a determination that the person or organization
is what it has represented itself to be on the application. Upon making
such a determination, the chief of police shall send the township
clerk a recommendation for approval.
If the application shall be approved, the township clerk shall
immediately notify the applicant and issue the permit without charge.
If the application is disapproved, written notification stating the
reasons for such disapproval shall immediately be sent to the applicant
by the township clerk.
The right to solicit shall be for a period of 180 consecutive
days from the date of the permit.
All solicitations conducted under this section shall take place
between the hours of 10:00 a.m. and 9:00 p.m.
[Ord. 1983-7; Ord. 1993-31]
As used herein a coin-operated device shall mean any automatic,
mechanical or electronic game, contrivance or device of skill or entertainment,
which is or are operated or set in motion by the deposit therein of
any coin or coins or by the deposit of tokens or slugs or similar
objects purchased for such purpose or received by any person for such
purpose in conjunction with the purchase of any other object or service
of any type. This term shall include any device which registers a
score or not and shall further include, without limitation, such devices
as pinball machines, bagatelle machines, "pong" or other types of
electronically operated game devices, skillball, mechanical games,
operation of transactions similar to, by whatever name they may be
called. Excluded from this definition are music vending machines,
commonly known as "juke boxes" as well as "vending machines."
a.
General. No person shall install, place, maintain or operate,
in any public place or quasi-public place to which the public is invited
or may enter, any coin-operated amusement device within the limits
of the Township of East Windsor without first obtaining a license
therefor for each and every such device on the premises where same
are to be used.
b.
In the event that the licensed devices are owned by one person
but are located on premises belonging to another person, the license
shall be issued to the person having physical control by ownership
or lease of the premises on which the licensed devices are to be located.
Such person shall be responsible for insuring that the conditions
of the license are fulfilled at all times on the licensed premises.
a.
License Fees. A license fee of $100 for each device licensed
hereunder shall be payable annually by the licensee on or before the
first day of July.
In the event that any person wishes a temporary license to install,
place, maintain or operate a coin-operated amusement device for a
period of seven consecutive calendar days or less, such license may
be issued, in compliance with all other terms and conditions of this
section, for a fee of $10 per day per machine.
b.
Applications. Applications for said license shall, in addition to information required by section 6-1 hereof, contain the following information:
1.
A sketch detailing the precise location on the premises and type
of each device to be operated under the license and the area in which
the devices are to be located.
2.
The name, address and telephone number of the person owning or leasing
the premises who will be licensee and be responsible for the fulfillment
of all terms and conditions of the lease at all times.
3.
An affidavit from the person who owns the devices to be licensed
stating that: he has read this ordinance; he understands that any
violation hereof caused by an act or omission of the licensee may
cause the loss of the privilege of operating the devices on the premises
for which they were licensed; and that he waives and releases any
right of action he may have as to any suspension or revocation of
the license except such right of appeal as the licensee himself might
have.
c.
Renewals. Once an initial license has been issued pursuant to section 6-4, renewals of said applications may be made on a short form indicating any information that may have been changed since the initial application or renewal thereof and setting forth the changes to the applications. The form of the renewal application shall be established by the municipal clerk.
d.
All applications or renewals shall be accompanied by the license
fee as set forth herein.
e.
Upon receipt of an application or renewal, the municipal clerk
shall promptly forward a copy of the application or renewal and accompanying
materials to the department of inspections for investigation, review
and report.
In the event that the municipal clerk is satisfied that the information required under section 6-1 and under this section has been provided, and it appears that the reports required herein indicate that no impediment exists, the municipal clerk shall forthwith issue a license. In the event the municipal clerk receives a report from the chief of police or the department of inspections recommending denial, the license shall be denied, subject to the applicant's right of appeal pursuant to section 6-1.
a.
Licenses issued pursuant to this section shall specify the location
and area of premises on which the licensed coin-operated amusement
device is to be used or kept, a brief description of the device, the
device's number or other means of identification and the name and
address of the owner and lessee or bailee of said device.
In the event that a device is replaced during the license term
the licensee shall file notice of such action with the clerk within
ten days of such replacement.
No additional fee shall be charged for this filing, which shall
be deemed an amendment to the existing license and shall not extend
the original term thereof.
b.
All license cards issued pursuant to this section shall be posted
and at all times displayed in a conspicuous place at or near the licensed
device.
c.
All licenses issued pursuant to this section shall expire on
June 30 of each year.
a.
All requirements of the Fire Prevention Code and the Uniform
Construction Code of the State of New Jersey shall be complied with.
b.
The licensee shall at all times maintain good order and shall
not permit any disturbance or congestion on the licensed premises.
c.
No coin-operated amusement devices shall be operated in a manner
which will enable it to be heard outside of the licensed premises.
d.
A readily visible sign shall be installed on or near each device
indicating that the use of devices by persons under 16 years of age
shall not be permitted during normal school hours on days when school
is in session.
Normal school hours as used herein means from 7:50 a.m. to 3:35
p.m. Monday through Friday when the East Windsor Regional School District
is in session. The use of machines or devices during normal school
hours by persons under 16 years of age may cause the license to be
revoked.
e.
Any licensee who shall suffer or permit the use of any coin-operated
amusement for gambling purposes shall be deemed in violation of this
section.
f.
It shall be unlawful to install, maintain or use any such coin-operated
amusement device for the purpose of giving, directly or indirectly,
any prize, return or profit for the use of such device. The extended
playtime or replays customarily offered by such devices shall not
be deemed prohibited by this paragraph.
a.
License required. In the event that any person shall hold himself out to be a dealer in the rental or sale of coin-operated amusement devices and such person shall display any such device inoperative condition and shall permit same to be operated on his premise in such a manner that, were the machine not for sale or rent, its operation would fall within the definition of "coin-operated device" as set forth in subsection 6-4.1 above, that person shall procure a dealer's license for each device so displayed and operated on his premises.
b.
License provisions. The application and approval procedures and fee for a dealer's license shall be exactly the same as for other licenses issued pursuant to section 6-4, except that dealer's license applications need not specify the type of device applied for nor, upon approval, need the dealer file a notice of replacing any machine.
[Ord. 1979-20; Ord. 1979-23; Ord. 2009-10]
No person shall cause to be operated or shall operate within
the township a taxicab, hereby defined as a motor vehicle providing
transport for hire to passengers on random routes at said passenger's
call and direction, without first obtaining a taxicab owner's or employee's
license.
In addition to the information required heretofore in this section,
applications shall contain a statement as to whether the applicant
is an owner of a taxicab or is employed by such an owner; proof by
such owner of proper vehicle registration and insurance as required
by the State of New Jersey serial number and seating capacity as to
each vehicle in which the licensed activity is to be conducted; a
full physical description of the applicant; a statement as to the
applicant's previous record of convictions for failure to observe
motor vehicle laws; detailed statement as to the applicant's health;
proof that the applicant is licensed and insured as required by the
State of New Jersey (or, as to an owner, if such owner will not ever
drive a taxicab, a sworn undertaking that such owner will not operate
said vehicle, which fact shall be prominently displayed on the owner's
license issued). All taxicab owners and employees shall be fingerprinted.
Only those vehicles whose description has been filed on an owner's
application may be used as a taxicab. All vehicles used as taxicabs
by licensees shall have the word "TAXI" prominently displayed on their
exterior. Inside, and in plain view of passengers, shall be displayed
a copy of the owner's license and, if driven by a licensee other than
the owner, that other person's license.
Every person holding an owner's license shall be responsible
for insuring that any taxicab operating under his ownership shall
observe such laws and rules and regulations concerning the conduct
of the licensed activity as may be in force or as may from time to
time be promulgated by resolution by the council.
The fees for taxicab licenses shall be as follows:
Owners: $100 plus $25 per vehicle used in the owner's business.
Employees: $50. Renewals in sequential years: $15.
Tag transfer: $10 per transfer.
Certified copy of letter to Motor Vehicles: $10.
Failure to renew by January 31: $25.
Every owner shall, as part of his annual license application file a schedule of fees which the clerk shall immediately file with the council. If within ten days of filing the council has not voted to disapproved such fees they shall be deemed approved and in effect. If such schedule is disapproved, the owner shall be given a hearing pursuant to subsection 6-1.2 hereof. During the pendency of such hearing the license application shall not be delayed if acceptable in all other respects and the owner shall be allowed to operate at the highest approved rate currently in force for operation in the township pending the outcome of his appeal.
[Ord. 4/14/70; Ord. 1979-5; Ord. 1980-6]
The township council shall review and act on applications for
the conduct of legalized games of chance, bingo and raffles, by bona
fide organizations eligible to conduct same, as such games, organizations
and application procedures are set forth in N.J.S. 5:8-1 et seq. and
regulations promulgated pursuant thereto.
a.
The hours during which the licensed activity is to be conducted
shall be specified on the application therefor. Such activities may
be conducted between the hours of 8:00 a.m. and 12:00 Midnight, including
Sundays.
b.
It shall be the responsibility of the applicant to keep order
on any premises on which the licensed activity is being conducted.
[Ord. 2/5/64; Ord. 3/6/64; Ord. 12/2/64; Ord. 1973-16; Ord. 1979-42; Ord. 1980-38]
As used in this section:
a.
TRAILER, MOBILE HOME or TRAILER COACH — Shall mean any
vehicle, whether self-propelled or otherwise, used or intended for
use as a conveyance on the public streets or highways, and so designed,
constructed, reconstructed or added to by means of accessories in
such manner as to permit the occupancy thereof as a dwelling or sleeping
place for one or more persons, or as living and business quarters
combined, and having no foundation other than wheels, jacks or skirtings
so arranged as to be integral with or portable by such "trailer,"
"mobile home" or "trailer coach," and non-self-propelled vehicles
of any kind or character constructed or intended to be moved under
fuel power.
b.
TRAILER PARK or MOBILE HOME PARK — Shall mean any place
where a trailer may be parked for longer than three hours, other than
a closed building.
c.
TRAILER COACH LOT — Shall mean a unit of level, adequately
drained ground of definite size, clearly indicated by corner markers
for the placing of a trailer coach or a trailer coach and tow car.
d.
MOBILE HOME SITE — Shall mean any place where a person
is permitted to sleep or dwell other than in a permanent dwelling.
a.
It shall be unlawful for any person to construct or operate
a trailer park within the township without first securing a license.
The license shall be obtained from the township clerk at an annual
fee of $500, payable in advance, which fee is expressly imposed for
revenue.
b.
There shall be an additional weekly fee of $3 paid for each
trailer coach lot or mobile home site as has been approved in the
park. Such amount will be paid to the township clerk by the 10th day
of each month for the preceding month, together with a statement showing
the number and location of the trailer coach spaces which were occupied
for any part of the preceding calendar month.
c.
Any license fee which is not paid when due shall be subject
to interest at the rate of 8% per annum.
d.
In the event that a license renewal applicant cannot be granted
a renewal due to failure to meet the provisions of this section the
clerk shall, on a week to week basis for a period not to exceed one
year, grant a conditional renewal conditioned on the abatement of
specified violations of the provisions of this section.
In addition to the usual annual and weekly fees collectible
for licensed spaces the clerk shall, until the abatement of the violations,
collect an extra seventy-five ($.75) cents per trailer coach space
per week to cover the extra costs of township inspections and administration
on a week to week basis.
e.
No license shall be transferable without permission of the township
council.
f.
Each licensee shall maintain a park registry, and each month
two copies of the same so far as it pertains to the previous month,
and setting forth the name of the occupant of the trailer, date of
arrival, and date of departure, if departed, whether still at the
park, and the number of the lot occupied, shall be delivered to the
township clerk, with payment of all fees due the township.
g.
The licensee shall keep a copy of the registry available for
inspection at any time by any authorized person, and shall not destroy
it until the expiration of three years following the date of registration.
An application for license shall contain the following:
a.
The name and address of the applicant.
b.
The name and address of the owner of the premises.
c.
The exact location of the proposed trailer park, accompanied by a park plan or map indicating the information required in subsection 6-7.4.
d.
An agreement to comply with all provisions and regulations here-after
promulgated.
e.
A resume of disposal water and toilet facilities provided.
f.
The maximum number of trailers or mobile homes to be accommodated.
g.
The names of the attendants to be in active charge of the proposed
trailer park and their hours on duty.
h.
An agreement by applicant that he will permit entry to the park
at any time during the day or night by an authorized police or health
officer of the township, or any agent designated by the township council.
i.
The application shall be accompanied by the license fee, which
after the beginning of the year shall be prorated for the remainder
of the year.
a.
Location. The park shall be located on a well-drained site suitable
for the purpose, and shall have an entrance and exit well marked and
easily controlled and supervised. It shall have non-dedicated interior
streets easily accessible to all mobile homes, which streets shall
be 26 feet wide between the curbs when one-way traffic is used and
36 feet wide between the curbs when two-way traffic is used, and which
shall conform with township ordinances now in effect for the construction
and acceptance of streets.
b.
Storm Drains. Storm drains shall be installed with pipes of
a mini-mum of 12 inches in diameter. Pipes shall be of corrugated
metal, bituminous coated, or reinforced concrete, and shall be installed
at proper grades approved by the township engineer. Inlets shall be
constructed at all corners of intersections and at all low points,
of a minimum size of 3' x 2'.
c.
Curbs. Concrete curbs shall be constructed on both sides of
the non-dedicated streets. The curb shall measure 6" x 8" x 18" with
10 feet between contraction joints and 30 feet between bituminous
filled expansion joints. Concrete shall be 3500 pound mix.
d.
Sidewalks. A four-foot-wide sidewalk shall be constructed on
both sides of the non-dedicated street, constructed of 3500 pound
concrete or bituminous concrete. The walks shall have four feet between
contraction joints and 32 feet between bituminous filled expansion
joints.
e.
Street Lights. Street lights shall be installed at every street
inter-section with a maximum distance between lights of 400 feet.
The lights shall be at least 1,000 lumens and shall be illuminated,
from one-half hour after sunset until one-half hour before sunrise.
f.
Recreation Areas. A minimum of 150 square feet per mobile home
space shall be provided in one or more places for recreation areas,
shall be restricted to such use, and free of traffic hazards.
g.
Map. The park plan shall provide a legal description and map
clearly setting forth the following information:
1.
The extent and area to be used for park purposes.
2.
Driveways at entrances and exits, roadways and walkways.
3.
Location of site for trailer coaches with identifying lot numbers.
4.
Method and plan of sewage disposal.
5.
Method and plan of garbage removal.
6.
Plan of water supply.
7.
Plan of electric lighting.
8.
Incinerator and burning space.
9.
Children's play area.
h.
Accurate Map on File. It shall be the obligation of any license holder to have on file and currently accurate as of the beginning of each application year, in the office of the township clerk, a map as described in g above drawn in conformance with the requirements for "As Built Plans" as set forth in section 22-25 of the Revised General Ordinances. Failure to keep a currently accurate map on file shall be cause for denial of a renewal or suspension of a license.
i.
Lots. The trailer coach park shall provide lots for each trailer
coach, boundaries to be indicated by corner markers, with an area
not less than 2,100 square feet. Each trailer coach shall be located
at least 15 feet from any building; and at least ten feet from the
property line.
The maximum number of trailer spaces which shall be permitted
in any one trailer park shall be 80.
All trailer or mobile home parks shall be bound by the requirements
of the township municipal utilities authority as the requirements
apply to other areas of the township, including both water and sewer.
No mobile home shall be permitted in any park in the township unless
it is equipped with its own sanitary facilities.
There shall be no dumping of waste material on the ground. Waste
material shall be placed in garbage and ash cans provided by the licensee
which cans shall be properly disposed of by the licensee. Such receptacles
shall be maintained in a clean and sanitary condition at all times.
It shall be unlawful to permit any waste water or matter from
sinks, baths, cesspools, septic tanks or other plumbing fixtures or
means of disposal in mobile homes or trailers to be deposited upon
the surface of the ground, and all such fixtures and devices, when
in use, must be connected to the park disposal system, or the drainage
therefrom must be disposed of in a manner satisfactory to the health
officer.
Any water faucet, toilet, garbage receptacle, or other equipment
required by the provisions of this section in park grounds, or which
may hereafter be required by any rules and regulations of the health
officer pertaining to park grounds, shall be in addition to and shall
not be construed to mean water faucets, toilets, garbage receptacles
or other equipment now or hereafter located in or adjacent to the
park ground and which may already or hereafter be required under provisions
of other laws or ordinances.
No license to conduct a trailer park, mobile home site, or sleeping
quarters, intended to be provided as described in the application,
shall be issued if any of the sleeping quarters or any of the outside
sanitary conveniences intended to be provided are within 500 feet
of three or more dwelling houses occupied for dwelling purposes in
the township at the time of the application.
It shall be unlawful for the licensee to remove, cause to have
removed, or permit the removal of, the wheels of any trailer, or otherwise
permanently fix it to the ground in a manner that would prevent its
ready removal, without first obtaining a permit to do so from the
township clerk. Alterations to any mobile home or trailer as set forth
above shall be deemed as removing it from the requirements of this
section and converting it into a dwelling, and it shall thereupon
be subject to the requirements of the zoning ordinance, or any building
code now or hereafter in effect.
No person shall permit any licensed premises to be used for
immoral purposes or permit the violation thereon or therein of any
penal law or of any ordinance of the township.
The licensed premises shall at all times comply with police,
health and fire regulations. The business and the premises where conducted
shall be subject to examination and inspection during reasonable hours
by the fire, police, zoning and health authorities of the township.
In any instance which the standards for sanitary facilities, or general park maintenance or for the maintenance and repair of any improvement or amenity required by this section are not sufficiently detailed in this section so as to offer guidance to license holders and township inspectors, interpretation shall be in accordance with the comparable provisions of the Revised General Ordinances of the Township of East Windsor, Chapter 13, Chapter 17 and Chapter 22, respectively.
No owner or person in charge of any dog, cat or other pet shall
permit it to run at large within the limits of any trailer coach park.
No trailer shall be inhabited by a great number of occupants
than that for which it was designed to accommodate by the manufacturer.
It shall be unlawful for any person to park a trailer or mobile
home for any period exceeding two hours on any street in the township
or on any premises within the limits of the township except for the
purpose of repair or storage. If any person desires to repair or store
a trailer or mobile home, other than in a licensed location, he shall
obtain a permit from the township council. Such permit shall be granted
on request without fee, and shall be valid for a period of 30 days
from the issuance thereof, but may for good cause shown be renewed
for a further 30-day period or periods as necessity may require. Any
such trailer or mobile home undergoing repairs or being stored shall
not be used by any person as a dwelling or sleeping place during the
period of repair or storage.
Nothing herein contained shall preclude the issuance of a permit
without fee by the township council for use of a trailer on private
property for habitation for not longer than one week. Such permits
may be renewed in the discretion of the township council for further
weekly periods, not exceeding one month in total.
This section shall not pertain to any "campers" or "travel trailers"
which are less than eight feet wide and 35 feet long, are unoccupied,
and are owned by the owners or occupants of any property in the township.
a.
The provisions of this section shall be enforced by the zoning
officer. The zoning officer shall inspect each trailer park and mobile
home park in the township at least every six months and report his
findings to the township manager with regard to compliance by each
trailer park and mobile home park with the provisions of this section.
b.
If the inspection by the zoning officer reveals any violation
of any provision of this section, he shall cause to be served upon
the owner of the trailer park or mobile home park in violation, a
notice of the violation and fixing a date for the correction of the
same.
[Ord. 1986-6; Ord. 2003-11; Ord. 2010-02]
As used in this section:
a.
BOARDING HOUSE — Shall mean any private dwelling or dwelling
unit where the owner, tenant or operator thereof is engaged in keeping
one or more roomers or boarders who are not husband or wife, son or
daughter, mother or father, or sister or brother of the owner, tenant
or operator or the spouse of the owner, tenant or operator and in
serving food to some or all of such lodgers, for a part of a day or
longer period, under expressed contract or rate of payment.
b.
ROOMING HOUSE — Shall mean a boarding house which is not
engaged in serving food to lodgers.
No person shall maintain and operate a boarding house or rooming
house without obtaining a license. The license will be issued by the
township clerk when requirements of this section and all other applicable
sections are met.
In addition to the information required in subsection 6-1.4, applicants for licenses shall provide the following information:
a.
In addition to the investigation of the applicant provided for in subsection 6-1.5, the housing inspector shall make an annual inspection of the premises prior to the issuance or renewal of a license. A license shall be issued or renewed only if no violations are found by the housing inspector.
b.
The housing inspector may recommend that the township clerk
issue a license conditioned upon the correction of existing violations.
Such conditional licenses shall require full compliance within 45
days after issuance or may allow for reasonable extensions of time
not to exceed 165 additional days due to adverse weather conditions,
unavailability of supplies or other unusual circumstances.
The annual license fee shall be $25 plus $5 per unit.
a.
Purpose. It is the purpose of this section to implement the provisions of P.L. 2003, c. 114, which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed one percent on charges of rent for every occupancy on or after August 1, 2003, but before July 1, 2004, and not to exceed three percent on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.
b.
There is hereby established a hotel and motel room occupancy tax in the Township of East Windsor which shall be fixed at a uniform percentage rate of one percent on charges of rent for every occupancy of a hotel or motel room in the Township of East Windsor on or after August 1, 2003, but before July 1, 2004, and three percent on charges of rent for every occupancy of a hotel or motel room in the Township of East Windsor on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).
c.
The hotel and motel room occupancy tax shall be in addition
to any other tax or fee imposed pursuant to statute or local ordinance
or resolution by any governmental entity upon the occupancy of a hotel
room.
d.
In accordance with the requirements of P.L. 2003, c. 114:
1.
All taxes imposed by this section shall be paid by the purchaser.
2.
A vendor shall not assume or absorb any tax imposed by this section.
3.
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will be assumed or absorbed by the vendor, that the tax
will not be separately charged and stated to the customer, or that
the tax will be refunded to the customer.
4.
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
e.
The tax imposed by this section shall be collected on behalf
of the township by the person collecting the rent from the hotel or
motel customer. Each person required to collect the tax herein imposed
shall be personally liable for the tax imposed, collected or required
to be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time; provided that the
chief financial officer of the township shall be joined as a party
in any action or proceeding brought to collect the tax.
[Ord. 1986-32; Ord. 1989-6]
No person shall operate a pet shop, kennel, shelter or pound
without obtaining a license. Any person holding such license shall
not be required to secure individual licenses for dogs owned by the
licensee and kept at such establishments. These licenses shall not
be transferable to another owner or different premises.
The application for a license shall be submitted to the township
clerk and shall contain the following information.
a.
The name and permanent address and local address of the applicant.
b.
The street address where the establishment is located or proposed
to be located, together with a general description of the premises.
c.
The purposes for which it is to be maintained.
d.
The maximum number of animals and dogs to be accommodated by
such establishment at any one time.
No license shall be issued unless the township health officer
inspects the premises and states that the establishment complies with
local and State rules governing the location of and sanitation of
such establishment.
Licenses issued for pet shops, kennels, shelters or pounds shall
state the purpose for which the establishment is maintained, and all
licenses shall expire on the last day of June of each year.
Annual fees for licenses under this section shall be as follows:
All licenses issued for pet shops, kennels, shelters or pounds
shall be subject to revocation by the township clerk on recommendation
of the State Department of Health or the township health officer for
the failure to comply with the rules and regulations of the State
Department of Health or the health officer, after the owner has been
afforded a hearing by either the State Department of Health or the
health officer.
Any person holding a license to operate a pet shop, kennel,
shelter or pound shall comply with all township ordinances and the
rules and regulations promulgated by the State Department of Health
governing the sanitary conduct and operation of pet shops, kennels,
shelters and pounds, the preservation of sanitation therein, and the
prevention of the spread of rabies and other infectious diseases of
dogs or other animals within and from such establishments.
The clerk shall forward to the State Department of Health a
list of all pet shops, kennels, shelters and pounds within 30 days
after the licenses therefor are issued, which list shall include the
name and address of each licensee and the kind of license issued.
No dog kept in a pet shop, kennel, shelter or pound shall be
permitted off the premises, except on leash or in a crate or other
safe control.
[Ord. 1987-3; Ord. 1995-6]
As used in this section:
a.
ALARM BUSINESS — Shall mean a business operated for profit
which engages in the activity of altering, installing, leasing, maintaining,
repairing, replacing, selling, servicing or responding to a fire or
burglar alarm system, or which causes any of these activities to take
place. Excluded from this definition are the retail establishments
which sell alarm systems over the counter and do not service them,
and homeowners or developers who sell an alarm system as part of a
sale or transfer of a residential or commercial unit.
b.
ALARM DEVICE — Shall mean any type of alarm-activating
equipment which provides warning of burglary, intrusion, fire, flood
or other hazard potentially harmful to life or property.
c.
ALARM SYSTEM — Shall mean one or more alarm devices installed
in a building or structure for the express purpose of giving visual,
audible and/or electronic warning of burglary, intrusion, fire, flood
or other hazard potentially harmful to life or property.
d.
ALARM SYSTEM USER — Shall mean any person in control of
any building or structure wherein an alarm system is operated.
e.
FALSE ALARM — Shall mean an alarm signal eliciting a response
by police or fire fighters or other public officials when a situation
requiring a response by police or fire fighters or other public officials
does not in fact exist. This shall not include an alarm signal caused
by violent conditions of nature, such as, but not limited to lightning,
tornadoes, hurricanes, or other extraordinary circumstances not reasonably
subject to control by the alarm business or alarm system user.
f.
INDEPENDENT SMOKE FIRE DETECTOR — Shall mean a device
giving an audible alarm indicating smoke and/or fire within a structure
and not connected to an alarm system or to any external warning device.
No person shall install or operate an alarm system unless the
alarm system has been registered and a license has been obtained.
Application for a license to install or operate an alarm system shall be made to the township police department and on forms provided by the township police department. In addition to the information required in subsection 6-1.4, the application shall contain the following information:
a.
Name, address and telephone number of the owner or manager of
the property upon which the alarm system is to be installed or operated.
b.
List of the names, addresses and telephone numbers of person(s)
to be contacted in the event of an alarm or an emergency.
c.
Type of alarm system and a description of the system's operation.
d.
Name, address and telephone number of the person installing
the alarm system.
e.
Name, address and telephone number of the person maintaining
the alarm system.
A fee of $25 shall accompany the application for each alarm
system.
No further registration or license renewal shall be required
unless there is a material change in the information previously submitted
in the application, in which case the alarm system user, within ten
days of such material change, shall file a new application and application
fee.
a.
Each alarm system shall be installed utilizing discrete circuitry
for multi-purpose alarm systems to insure appropriate emergency response.
b.
Any alarm system which requires for its operation electricity
supplied by a public utility may be equipped with a battery rendering
it operable in the event of a power outage. A battery backup system
shall be required for any alarm system which will trigger itself automatic-ally
in the event of a power fluctuation, surge or outage.
c.
All burglar alarm systems must be provided with a device which
will automatically shut off the alarm after 15 minutes of activation.
d.
All burglar alarm systems not fitted with an external key switch
shall be equipped with a time delay of at least 15 seconds which may
include an audible signal of the same length of time. The 15 second
signal, if used, shall be audible only within the structure and not
externally.
e.
No person shall install, cause to be installed or permit to
be installed any burglar alarm device, by whatever name known, which
automatically selects a telephone line dedicated to the police department
or fire department for the purpose of playing a recorded message to
report any emergency.
f.
If an alarm system, other than a fire or burglar alarm system,
is tied into and/or serviced by a central station or answering service,
upon activation of said alarm system, the central station or answering
service shall verify the validity of the alarm prior to notifying
the police department of same.
g.
Fire alarm systems shall be reset only with the authorization
of the fire department and in the presence of fire department officials.
The police department shall not be responsible for resetting burglar
alarm systems.
h.
No alarm business or person owning, using, or possessing an
alarm system shall cause or permit the giving of repeated false alarms,
whether intentional or accidental.
i.
An alarm business shall be responsible for notifying the police
department when one of its customers using or possessing an alarm
system sells his property. The alarm business shall notify the police
department as to the name of the new owner and whether or not the
new owner is continuing with an alarm device or system within the
property.
This section shall not apply to any alarm system installed on property occupied by the township, county, State or Federal government, to an independent fire or smoke detector as defined in subsection 6-10.1f or to any medical alert system.
a.
Any person who violates any provision of this section shall
be subject to a minimum fine of $50 and may be required to remove
the alarm system.
b.
Any owner or user of an alarm system which experiences more
than four false alarms within any calendar year shall be subject to
a minimum fine of $100 for each false alarm after four in any calendar
year and shall be required to modify or improve the alarm system to
prevent accidental activation.
c.
Any owner or user of an alarm system which experiences more
than 12 false alarms in any calendar year shall be subject to a fine
of not less than $500 nor more than $1,000 and shall disconnect the
alarm system until a statement is provided from those that service
the alarm system that the malfunction has been corrected.
d.
Any false alarms which occur during the first 60 days after
an alarm system is initially installed shall not be counted toward
the number of false alarms as provided for in this subsection.
[Ord. 1992-24]
It is the purpose of this section to provide for directional
signs for religious, charitable, and civic organizations whose facilities
are situated in remote areas of the township. It is the further intent
of this section to place a burden upon the applicant for a sign license
to prove the need for the directional signs.
a.
As used in this section, "religious, charitable or civic organizations"
shall mean religious and nonprofit corporations, organized as defined
under the Internal Revenue Code of the United States.
b.
As used herein "directional signs" shall mean signs indicating
the location of religious, charitable, and civic institutional buildings
within the township.
Religious, charitable or civic organizations that qualify under
the definitions herein may be granted, by resolution, a revocable
license by the township council to establish directional signs within
the township as defined herein. The applicant must prove that its
location is so remote as to create an exceptional and undue hardship
thereby generating a need for directional signs. The applicant must
also demonstrate valid reasons for the placement of a specified number
of signs and the proposed site of the signs.
Any sign erected pursuant to this section shall be maintained
in good condition. Broken or cracked signs shall not be permitted.
Upon notice from the township council any and all repairs shall be
made to such signs.
The license granted pursuant to this section may be revoked
at any time by further resolution of the township council.
