Borough of Spring Lake Heights, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #2-1966, § 47-1]
It shall not be lawful within the limits of the Borough for any person, persons or corporation to engage in, conduct or pursue any mercantile or other business for the sale of lumber, building materials, coal, groceries, dry goods, drugs, food, candy, soft drinks, tobacco, gasoline, oil, automobiles or merchandise or goods and chattels of any kind; or engage in or carry on any business or occupation as an auctioneer, common crier, hawker, peddler, pawnbroker, scavenger, sweep, organ grinder, itinerant vendor of merchandise, medicine or remedies, keeper of a junk shop, keeper of bathhouses, boarding houses or newsstands, or engage in or carry on as a contractor in any building trade; or engage in or conduct or pursue the business of conducting traveling or other shows, circuses, theatrical performances, plays, billiard tables, pool tables, exhibitions, concerts, public places of amusement for gain or skating rink; or carry on or conduct any place or places or premises in which or at which the different kinds of business or occupation mentioned herein are to be carried on or conducted; nor shall it be lawful for the owners or drivers of vehicles and means of transportation, or the owners or drivers of vehicles used for the transportation of passengers, baggage, merchandise, goods and chattels of any kind, to engage in or pursue the business of transferring passengers or carrying baggage, merchandise and goods and chattels of any kind, for hire, with any vehicle drawn by one or more horses, or drawn or propelled by any other means than horsepower; unless he or it shall first obtain a license for that privilege and pay therefor the license fee hereinafter mentioned for the business or occupation.
Advertising bill, circular and sample distributors, a license fee of $10.
Bill posters, a license fee each of $15.
Butter, eggs and poultry dealers, a license fee each of $10.
Fish and oyster depots, a license fee each of $20.
Flowers, plants and shrubbery stores, a license fee each of $10.
Ice cream stores, with soft drinks, a license fee of $10.
Ice cream, soda water and/or soft drink peddlers, a license fee of $10.
Junk dealers, a license fee of $15 for each wagon.
Laundry agents or establishments, a fee of $7.50 for each vehicle used.
Peddlers of fresh and salt meats, for each wagon or vehicle license fee each of $10.
Peddlers of produce, for each wagon or vehicle, a license fee of $7.50.
Peddlers of dairy products, a license fee of $7.50 for each vehicle.
Peddlers of bakery products, a license fee for each vehicle of $7.50.
Peddlers of livestock of any kind, for each vehicle, a license fee of $7.50.
Peddlers of fish, oysters and clams, for each wagon or other vehicle, a license fee each of $10.
Peddlers of tobacco and cigars, for each wagon or other vehicle, a license fee each of $15.
Peddlers with wheelbarrow, push- or draw-carts, for sale of any articles, a license fee each of $100.
Peddlers or vendors of East Indian or foreign goods of any kind, a license fee each of $50.
Peddlers of balloons, or novelties, a fee each of $25.
Vendors of cut flowers, plants, trees or shrubs, a license fee of $10.
Peddlers of shawls, kimonos, embroideries, laces or jewelry, a license fee each of $50.
Peddlers of clams or oysters, on foot, with baskets or pails, a license fee each of $2.
Photographers on foot, each person, a license fee of $10.
Signs of wood or metal, the space of which either in whole or in part, is rented, leased or sold under any contract for profit, a license fee of $5 for each sign.
Telephone companies, a license fee of $100.
Telegraph companies, a license fee of $50.
Wagons or vehicles for advertising purposes, a license fee of $25.
Gasoline service station and garage selling gasoline and oil, a license fee of $2.50 for the first pump and $1 for each additional pump.
Peddlers of gasoline and oil, a license fee of $20 for each vehicle.
Dealers in ice maintaining a depot in the Borough, a license fee of $7.50.
Vendors of ice, for each vehicle, a license fee of $7.50.
Miniature golf course and/or golf-driving tees, a license fee of $10 each.
Hotels, a license fee of $25 each.
All businesses or trades for which a specific license fee has not herein otherwise been fixed and which are carried on in the Borough shall be subject to a license fee of $15.
[Ord. #2-1966, § 47-2]
The license fees are imposed for health, safety and general welfare and to provide a means of regulation of the business trades, occupations and businesses mentioned herein.
[Ord. #2-1966, § 47-3]
All licenses granted by the Borough shall expire on the first day of January of each year, without regard to the time when the same are taken out or issued, and such license shall state the purpose for which the same was granted, the number of the license and the name of the person or persons or corporation licensed.
[Ord. #2-1966, § 47-4]
All applications for licenses shall be made to the Borough Clerk, and all fees shall be paid to such officer. The applicant for the license shall likewise furnish the Chief of Police all pertinent information respecting his business and the moral character of such applicant. The Chief of Police shall make an investigation touching upon such matters and shall thereupon report his approval or disapproval to the Borough Clerk, who shall not issue such license until a favorable report is received from the Chief of Police.
[Ord. #2-1966, § 17-1]
No person shall canvass, solicit, distribute circulars or other matter, nor call from house to house in the Borough without having reported to and received a written permit from the Chief of Police or the officer in charge at Police Headquarters.
[Ord. #2-1966, § 17-2]
The Chief of Police or, in his absence, the officer in charge at Police Headquarters, shall have the power to grant permit to canvass, which permit shall specify the number of hours or days and such officer shall refuse to issue a permit in all cases where the application of the canvasser on further investigation, to be made at the discretion of such officer, shows that the canvasser is not of good character or that he is canvassing for a project not free from fraud. The Chief of Police, or in his absence, the officer in charge at Police Headquarters, shall revoke the permit for failure or refusal on the part of the permittee to observe the rules and regulations herein set forth.
[Ord. #2-1966, § 17-3; New]
Before the permit may be issued, the canvasser shall make an application on the form provided by the Police Department.
[Ord. #2-1966, § 17-4]
No person shall canvass within the Borough except between the hours of 9:00 a.m. and 5:00 p.m.
The permittee shall exhibit his or her permit to any Police Officer or other person upon request.
The permittee shall be courteous to all persons in canvassing and shall not importune nor annoy any of the inhabitants of the Borough and shall conduct himself or herself in a lawful manner.
[Ord. #2-1966, § 17-5]
This section shall not affect any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons ordering or entitled to receive the same.
[Ord. #2-1966, § 17-6]
This section shall not affect any person or persons duly licensed by the State of New Jersey to engage in the pursuit of his or their business in the Borough; and further shall not affect any person or persons employed by insurance companies duly authorized to do business in the Borough.
[Ord. #7-1982, § 1]
As used in this section:
Shall mean any machine which upon the insertion of a coin, slug, token, plate or disc, may be operated by the public for use as a game, entertainment, or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines, and all games, operations or transactions similar thereto under whatever name they may be indicated.
It shall include video type games or machines, or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include nor shall this section apply to music playing devices commonly known as "jukeboxes".
Shall mean any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement.
Shall mean any person in whose premises any automatic amusement device is placed or kept for operation.
Shall mean any person, firm, corporation, partnership or association.
[Ord. #7-1982, § 2]
The purpose of this section is to license, regulate and control automatic amusement devices which are operated for the purposes of making a profit. The objective of this section is to regulate the business of automatic amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling, loitering, or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
[Ord. #7-1982, § 3]
No person shall maintain, operate or possess in any store, building or other place where individuals may enter, or in any building or other place wherein any club or organization meetings are held within the Borough, any automatic amusement device without first obtaining a license therefor.
[Ord. #7-1982, § 4]
A separate application for each automatic amusement device shall be filed together with the appropriate fee with the Borough on forms to be supplied by the Borough and shall be subscribed and sworn to by the applicant who shall be at least 18 years of age.
The application for the license shall contain the following:
Name and address of the applicant;
Name under which the location is being operated;
Number and type of alcoholic beverage license, where applicable;
Number and type of devices sought to be licensed;
A sketch indicating the location of the premises, appropriate interior dimensions and proposed placement of automatic amusement devices within the premises;
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained;
Description of each automatic amusement device sought to be licensed including for each device, the name of the manufacturer, model number and serial number;
Terms of agreement governing the acquisition and installation of the automatic amusement devices.
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming;
Any other information which the Borough Clerk or the Chief of Police may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
[Ord. #7-1982, § 5]
The Chief of Police or his designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Safety Official may inspect the premises to determine whether the premises comply with existing fire regulations of the Borough. The Chief of Police and the Fire Safety Official, upon completion of their inspection, attach to the application their reports and recommendations therein in writing and shall submit same to the Mayor and Council. Upon receipt of the application, and inspection reports and recommendations, the Mayor and Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. A license shall only be granted after a determination by the Mayor and Council that the issuance of the license will not be detrimental to the public health, safety, welfare and morals of the citizens of the Borough. If the applicant is approved, the Mayor and Council shall authorize the Borough Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.
[Ord. #7-1982, § 6]
No more than two licenses shall be issued for the placement, installation, maintenance, operation or possession of automatic amusement devices in or about any single premises or location.
The use provided herein shall be limited to ancillary or accessory use only within a building or premises used for a use permitted in the B-2 Business Zone of the Borough. Nothing contained in this section shall be construed as amending the Municipal Land Use Chapter of this Code to include amusement device parlors or arcades or similar establishments as a permitted use in the aforementioned zone. No automatic amusement device shall be operated in any public or quasi-public place whose primary purpose is to make the games available to the public. It shall be deemed the primary purpose of a place to make the games available to the public if more than 10% of the floor space open to the public shall be devoted to the use of the games.
The following rules shall govern the location within all business premises of automatic amusement devices.
No automatic amusement device shall be located in any premises within 500 feet of a school.
Each device shall be located at least 10 feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.
There shall be an unobstructed area in the front of each device of at least four feet wherein the users of the device may use, watch or wait to use the device.
Nothing in this subsection shall be construed to require the removal of any automatic amusement devices which are in place as of the effective date of this section. Such devices, notwithstanding that they may exceed the permitted number allowed by this section, can remain in place on condition that all other provisions of this section are complied with. The excess devices can remain in place until they are voluntarily removed at which time the number of permitted machines shall be reduced accordingly.
[Ord. #7-1982, § 7; Ord. No. 27-2010]
The fee for all applications for licenses pursuant to this section shall be a one-time fee of $150 per establishment to be licensed in addition to all other licensing fees hereinafter set forth.
The annual licensing fee for a license to operate an automatic amusement device shall be $200 for each device.
[Ord. #7-1982, § 8; Ord. #17-1982, § 1]
All licenses issued under this section shall run for a period of one year from the date of their issuance.
A license issued pursuant to this section for an automatic amusement device may be transferred to any other automatic amusement device within the licensed premises provided notice of such transfer is given to the Borough Clerk. The notice shall include a description and the serial number of the new device.
Any change in the operator of any licensed establishment shall require the filing of a new application for license pursuant to subsection 4-3.4 of this chapter.
Applications for renewal of amusement device licenses issued pursuant to this section shall be made by submission to the Borough of an application therefor not later than 30 days prior to the expiration of the license along with the annual licensing fee.
[Ord. #7-1982, § 9]
No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement device.
An automatic amusement device may only be used or operated during the hours of operation of the premises in which located, and when the operator or an employee of the operator is present in the premises.
[Ord. #7-1982, § 10]
Revocation of License. The following shall be cause for revocation of a license issued under this section:
Gambling on the premises;
False or incorrect material on the application or information furnished by the applicant;
Failure to maintain good and safe conduct on the premises;
Violation of the laws of the State of New Jersey, of this or other regulations of the Borough;
The presence of the machines result in obscene and loud language disturbing to the public or to other patrons of the premises, creation of a nuisance, excessive noise, litter, traffic or rowdyism by the patron.
Posting and Displaying. An operator's license granted pursuant to this section shall:
Be posted in a conspicuous place of the location for which the license was granted.
State the name and address of the licensee.
State the manufacturer, model number and serial number for each and every mechanical amusement game for which the license was issued.
[Ord. #7-1982, § 12]
Any automatic amusement device shall be impounded by the police if it is suspected that the machine is being used for gambling purposes.
[Ord. #11-1987, § 1]
As used in this section:
Shall mean and include all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", or "flea market", or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale.
Shall mean and include any goods, warehouse merchandise or other tangible personal property capable of being the object of a sale regulated hereunder.
Shall mean and include individuals, partnerships, voluntary associations and corporations.
[Ord. #11-1987, § 2]
It shall be unlawful for any person to conduct a garage sale in the Borough without first filing with the Chief of Police the information hereinafter specified and obtaining from such Chief of Police a license to do so, to be known as a "Garage Sale License". The fee for such license shall be and the same is hereby fixed at $5. The application for a "Garage Sale License" shall be filed with the Chief of Police at least three days prior to the proposed date of sale.
[Ord. #11-1987, § 3]
Only two such licenses shall be issued for the same premises within a period of 12 months, except that in the event that the premises are sold or transferred within the said twelve-month period, an additional license may be issued to the new owner. Further, a separate license may be issued where more than one residential structure exists on the same premises.
A license shall be issued for not more than three consecutive calendar days and upon issuance the license must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
[Ord. #11-1987, § 4]
The information to be filed with the Chief of Police, pursuant to this section shall be as follows:
Name of person, firm, group, corporation, association or organization conducting said sale.
Name of owner of the property on which such sale is to be conducted and consent of owner if applicant is other than owner.
Location at which sale is to be conducted.
Number of days of sale.
Date and nature of any past sale.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
[Ord. #11-1987, § 5]
All garage sales shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. only.
[Ord. #11-1987, § 6]
No more than one sign, not exceeding 24 inches by 24 inches in area, shall be permitted for the purpose of advertising such garage sale. The sign shall have a space allotted thereon upon which shall be prominently endorsed the name and address of the person conducting the sale. If such a sign is used it shall be posted only upon the premises on which said sale is conducted and shall be removed within 24 hours after completion of the sale.
[Ord. #11-1987, § 7]
The provisions of this section shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a Court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement in which separate items do not exceed five in number.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the Zoning Regulations of the Borough of Spring Lake Heights or under the protection of the Non-conforming Use Section thereof or any other sale conducted by a manufacturer, dealer or vendor, which sale is conducted on properly zoned premises, and not otherwise prohibited by any other ordinance or state.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
[Ord. #11-1987, § 8]
This section shall be enforced by the Chief of Police. It shall be his duty to investigate any violations of this section coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this section. It shall be the duty of the Police Department of the Borough to bring any violations of this section of which the Police Department becomes aware during the course of its normal duties.
[Ord. #11-1987, § 9]
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets within the area and neighborhood of such premises. All such persons shall obey the reasonable orders of any member of the Police Department of the Borough in order to maintain the public health, safety and welfare.
[Ord. #11-1987, § 10]
Any person conducting a garage sale without being properly licensed therefor or who shall violate any of the other terms and regulations of this section, shall upon conviction thereof be subject to a fine of not less than $25 nor more than $100. Each day that such sale shall continue without being duly licensed shall constitute a separate violation.
[Ord. #2-1989, § 1]
It is hereby established by the Mayor and Council of the Borough of Spring Lake Heights that as a precondition to the issuance or renewal of any license or permit issued by, or requiring the approval of the Borough, that the applicant, if he is the owner thereof, pay any delinquent property taxes, assessments, water and sewer charges on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted.
[Ord. #2-1989, § 2]
If, subsequent to the issuance of any license or permit, the owner of the property upon which the licensed business or activity is conducted has failed to pay the taxes, assessments, water-sewer connection fees, and water and sewer charges due on the property for at least three consecutive quarters, then the license or permit shall be revoked or suspended.
[Ord. #2-1989, § 3]
Upon payment of the delinquent taxes or assessment, pursuant to the provisions of this section, the license or permit shall be restored.
[Ord. #2-1989, § 4]
The provisions of the section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[Ord. No. 27-2010]
Storage of equipment, modulars, or other items not owned by the Borough on the Passaic Avenue extension shall be $100 per day.