[1984 Code § 106-1; Ord. No. 08-1283]
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of licenses
issued by the Borough, except alcoholic beverage licenses, dog licenses
and building permits.
[1984 Code § 106-2]
a.
All applications for licenses shall be made to the Borough Clerk,
upon forms provided by him, and shall contain the following information:
1.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent and
the address of the principal business and name of the agent in charge
thereof.
2.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
3.
If a vehicle is to be used, its description, including the license
number.
4.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
5.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
6.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
7.
A statement as to whether the applicant has been convicted of any
crime or 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.[1]
8.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
b.
The applicant shall be fingerprinted if the Police Director and/or
Chief of Police determines that fingerprints are necessary for proper
identification. Fingerprint records shall be immediately processed
for classification and identification.
c.
Applications by partnerships shall be signed by all partners with
the information required by this section supplied in detail as to
each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this section relating to each employee or agent who shall engage in
the licensed activity, and shall be signed by each employee or agent.
[1984 Code § 106-3; Ord. No. 2015-1417]
Each application shall be referred to the Chief of Police or
a police officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
as he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Borough Clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
are unsatisfactory or the products, services or activity are not free
from fraud, he shall disapprove the application, and the Clerk shall
refuse to issue the license and shall so notify the applicant. Otherwise,
the Borough Clerk shall issue the license immediately, provided that
the required license fees have been paid, except in cases where approval
of the Mayor and Borough Council is required. In the case of an application
for a solicitor's peddler's or canvasser's license, the license may
be issued immediately subject to the investigation.
[1984 Code § 106-4]
Licenses shall be in a form prescribed by the Borough Clerk
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
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the Mayor and Borough Council
may, by resolution, require.
[1984 Code § 106-5]
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the licenses; the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information which the Mayor and Borough Council may, by resolution, require.
[1984 Code § 106-6]
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 upon the request of any police officer or any Borough official.
[1984 Code § 106-7]
Every 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 with the approval, by resolution,
of the Mayor and Borough Council.
[1984 Code § 106-8]
Except where expressly provided otherwise, all licenses shall
expire on December 31 of the year of issue at 12:00 midnight local
time.
[1984 Code § 106-9]
When the application for a license is made during the course
of any calendar year, the fee shall be prorated to the nearest month.
Any period of time greater than one-half of a month shall be considered
as a full month for this purpose.
[1984 Code § 106-10]
a.
Any license or permit issued by the Borough may be revoked by the
Mayor and Borough Council after notice and a hearing for any of the
following causes:
1.
Fraud or misrepresentation in any application for a permit or license.
2.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
3.
A violation of any provision of this chapter.
4.
Conviction of the licensee from any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
5.
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.
b.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
[1984 Code § 106-11]
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the Borough Clerk. The notice shall specifically
set forth the grounds upon 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 his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
[1984 Code § 106-12]
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 Mayor
and Borough Council shall revoke or suspend the license if they are
satisfied by a preponderance of the evidence that the licensee is
guilty of the acts charged.
[1984 Code § 106-13]
The Mayor and Borough Council may issue another license to a
person whose license has been revoked or denied as provided in this
chapter if, after hearing, they are satisfied by clear and convincing
evidence that the acts which led to the revocation or denial will
not occur again; otherwise, no person whose license has been revoked
or denied, or any person acting for him, directly or indirectly, shall
be issued another license to carry on the same activity.
[1984 Code § 106-14]
The Mayor and Borough Council may, by resolution, make rules
and regulations which interpret or amplify any provision of this chapter
or for the purpose of administering the provisions of this chapter
or making them more effective. 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.
[Ord. No. 753 § 1]
The purpose of this section is to provide standards and regulations
for various types of local alarms, burglar, fire and other emergency
devices whether by direct line radio, telephone or other means actuating
a device at the Police headquarters of the Borough and requiring response
thereto by the Police Department, Fire Department or other municipal
agencies of the Borough.
[Ord. No. 753 § 2]
The provisions of this section shall apply to any person, who
operates, maintains or owns any alarm device or local alarm designed
to summon the Police Department or Fire Department or other municipal
agencies to any location in response to any type of alarm signal.
The terms of this section shall in no way prohibit alarm companies
from providing services by private sources to other offices within
or without the Borough so long as such activity is not connected to
the alarm panel. Any person having premises protected by a local alarm
shall be responsible for the registration thereof in accordance with
the provisions of this section.
[Ord. No. 753 § 3]
As used in this section:
Shall mean the console or control panel of devices giving
visual or audio indications or both and general communications located
within the confines of the Police Department of the Borough of Milltown.
Shall mean any type of alarm system actuating equipment in
the alarm panel or alarm register providing warning of intrusion,
fire smoke, flood or other peril.
Shall mean that component installed in the console in the
law enforcement building and containing alarm indications and designations.
Shall mean the installation in one or more buildings of one
or more devices or local alarms for the express purpose of giving
visual or audible warning, or both, of an emergency such as burglary,
intrusion, fire or smoke.
Shall mean any alarm device which when activated transmits
a signal to a remote location indicating an alarm condition. This
type of alarm may or may not have a local bell, depending on its design.
Shall mean that type of device that employs an automatic
dialing system precoded to connect with a special telephone in the
law enforcement building rather than to the alarm panel.
Shall mean any alarm device which when activated transmits
a signal directly to the alarm panel at Police headquarters via telephone
lease lines.
Shall mean the actuation of an alarm system by causes other
than those to which the alarm system was designed or intended to respond.
Testing of the alarm system without prior approval of the Borough
of Milltown Police Department shall be considered a false alarm.
Shall mean the person obtaining the license to install, operate
and maintain the alarm panel at the Milltown Police Headquarters.
Shall mean any alarm device which when activated sounds a
warning bell at the location of the alarmed premises and does not
transmit any type of signal to another location.
Shall mean any person owning or leasing an alarm device of
any type within the Borough of Milltown.
Shall mean and include any natural person, partnership, corporation
or association, or any other legal entity.
[Ord. No. 753 § 4]
a.
There is hereby established an alarm panel license which will be
granted a licensee upon the recommendation of the Borough Council.
b.
Any such licensee shall have exclusive use and control of the alarm
panel which shall be installed in the communications console in accordance
with the specifications, except for use by the Police Department.
Such licensee shall be responsible, at no cost to the Borough, for
constructing, installing, operating and maintaining the panel containing
equipment and being a design approved by the Chief of Police. The
licensee shall locate the panel, if necessary, under the supervision
of the Chief of Police at no cost to the Borough.
c.
Any licensee for the alarm console shall provide for a representative
to be on call at all times and such service shall be provided within
one hour of notification to the Police Department of any malfunctions
of any equipment. Any such licensee shall provide a phone number of
a person who upon receipt of a report of malfunction is the operation
of the alarm console shall notify the Police Department within 30
minutes of any such malfunction.
[Ord. No. 753 § 5; Ord. No. 823 § 1;Ord. No. 08-1283]
a.
Application; Insurance; Indemnification of Borough. Every person
desiring to install an alarm system within the Borough shall make
application to the Chief of Police for a permit to do so. The application
shall be in such form as the Chief of Police shall prescribe and shall
set forth all information required by the Chief of Police to enable
him to effectively carry out his public safety responsibilities.
As part of the application, the permittee shall provide an agreement
to release the Borough of Milltown, its officers, agents and employees,
from any and all liability and agree, to indemnify and save harmless
the Borough of Milltown, its officers, agents and employees, for or
on account of any acts or omissions directly or indirectly related
to the installation, operation or maintenance of the alarm panel and
alarm register and the connection of the applicant's alarm system
thereto and he shall furnish annually to the Borough Clerk a noncancellable
insurance certificate indicating public liability coverage in an amount
no less than $500,000 each person, $1,000,000 each accident and $100,000
each accident, property damage.
b.
Upon compliance by the applicant with all the provisions of this
section, the Chief of Police shall issue to the applicant a permit
for the alarm system applied for.
c.
Processing Fee. The permittee shall pay to the Borough a processing
fee of $10 with each alarm application submitted.
d.
Inspections. Every permittee shall, by acceptance of the permit,
be deemed as having consented to the inspection of the alarm system,
by appointment at reasonable hours, by the Chief of Police or his
designated representative, and shall accept the responsibility for
the proper operation of the alarm system up to and including the line
connection, if any, to the Police Department.
e.
Unauthorized Equipment. Any persons installing or maintaining unauthorized
equipment shall be prosecuted for violation of this section and each
and every day the equipment is in operation shall be considered a
separate violation.
f.
Emergency Repairs. Any licensee and/or permittee for an alarm shall
provide for a representative to be on call for emergency repair service.
In each case wherein the alarm is connected directly to Police headquarters
the service shall be provided within eight hours of notification by
the Police Department of any malfunction of any equipment.
g.
False Alarms. In the case of false alarm, any person having knowledge
thereof shall immediately notify the Police Department. In addition,
in the case of false alarms, the Chief of Police shall cause an investigation
to be made and keep a record of the alarms on file. For such false
alarms, the following penalties shall be imposed:
For the first and second false alarm in any given calendar year,
a warning shall be issued. For each alarm after the second false alarm
in any given calendar year, a penalty may be imposed of not less than
$25 nor more than $200 for each such additional false alarm. Where
the investigation of the Police Department discloses continued abuse
of the privilege of connection to the alarm console and a disregard
of the permittee for taking remedial steps to avoid false alarms,
the Borough Council reserves the right to require disconnection from
the alarm console for a limited or permanent time; provided that no
such permit shall be revoked or suspended without giving the permittee
an opportunity to show cause before the Borough Council why such action
should not be taken.
h.
Reasons for Rejection of Application. Prior history of excessive
false alarms and/or failure to pay fees or charges shall constitute
reason for rejection of an application.
[Ord. No. 753 § 6]
a.
Applicants desiring to connect directly to the alarm panel at Police
headquarters shall be accommodated on a first-come, first-serve basis.
Commercial or residential alarms may be accepted.
b.
An additional fee for this service must be paid to the alarm panel
licensee at the following rates: Connection $70, monthly maintenance
$7, high security line connection $125, and monthly maintenance $7.
c.
If this system is equipped with a local bell, it shall have a time
relay or other device which will limit the operation of the bell to
not more than 15 minutes.
[Ord. No. 753 § 7]
a.
All alarm systems which are connected directly to a central office
operated by various alarm companies or local, on-site, alarm systems
shall be required to submit an approved application and payment of
a $10 processing fee made payable to the Borough.
b.
All central office alarm systems when equipped with a local bell
and all local alarm systems shall have a time relay or other device
which will limit the operation of the bell to 15 minutes or less.
c.
If any person has a central office or local alarm system in existence
at the time of passage of this section, he or she shall have 60 days
from the effective date of this section to register the alarm and
pay the appropriate fee.
[Ord. No. 753 § 8]
a.
Fee. All dialer-type alarm systems shall be required to submit an
approved application and payment of a $10 processing fee payable to
the Borough.
b.
Dialer alarms must be the type accepted by the Federal Communications
Commission and connected in a manner approved by Federal Communications
Commission regulations.
c.
All dial alarms shall be coded to dial a special number provided
by the Police Department. In addition, the system must be coded to
notify a third party who shall be named in the registration required
by this section.
d.
All dial alarms shall be capable of being disconnected by the owner
to permit a call to the Police switchboard in the event that a false
alarm occurs.
e.
Owners of dial alarms shall be governed by the false alarm procedures
and penalties set forth in this section.
f.
If any person has a dial alarm system in existence at the time of
passage of this section, they shall have 60 days in which to reprogram
their equipment to comply with the terms of this section and to register
the system with the Police Department and submit the fee as required
in paragraph a.
g.
If any dial alarm shall hereafter be found to be in operation without
being registered, the occupant of the building or other person in
whose name the telephone is listed shall be sent a notice in writing
by the Chief of Police requiring compliance with the terms of this
section. If the occupant or telephone subscriber shall fail to comply
within 10 days after receipt of such notice, he shall be liable to
the penalties as set forth in this section.
h.
The contents of any recorded message from a dial alarm must be intelligible
and in a format approved by the Police Department. No such message
shall be transmitted more than three minutes as a result of a single
stimulus of the mechanism. Messages shall not exceed 15 seconds and
the time gap between delivery shall be approximately 10 seconds.
i.
The sensory mechanism of dial alarms shall be adjusted so as to suppress
false indications and not to be actuated by impulses due to pressure
changes in water pipes, short flashes of light, wind, noises, rattling,
or vibration of doors or windows or other forces unrelated to general
alarms.
j.
All components of dial alarms shall be maintained by the owner in
good repair. When evidence exists that there has been a failure to
comply with the operational requirements of this section, the Chief
of Police is then authorized to demand that such device be disconnected
until such time as compliance with such requirements is reestablished.
k.
This device should provide an automatic line seizure feature in the
event this line is busy with an incoming or outgoing call.
[Ord. No. 753 § 9]
The Borough of Milltown shall be under no duty or obligation
to any permittee hereunder or to any alarm panel licensee hereunder,
the alarm panel and allied equipment being maintained at will and
subject to termination at any time by cancellation of the system by
the Chief of Police provided that 10 days' notice is given in writing
to the permittee.
[Ord. No. 753 § 10]
Whenever, under the provisions of this section, the Chief of
Police, or any authorized representatives may have designated, are
empowered to make a decision with respect to the installation, operation
and maintenance of any alarm equipment, or with respect to the issuance
or denial of any application relating thereto, any person aggrieved
by the decision may, within 10 days following the decision, file a
written appeal therefrom with the Borough Council who shall conduct
a hearing and affirm, modify and reverse the decision appealed from.
[Ord. No. 753 § 11]
The Borough Council may promulgate rules and regulations supplementing
this section in order to provide for record keeping and efficient
management of the system.
[Ord. No. 753 § 12; Ord. No. 08-1283]
[1984 Code § 54-1]
The purpose of this section is to provide for the economic and
social welfare, health, peace and morals of the people of the Borough
of Milltown, and all of its provisions shall be liberally construed
for the accomplishment of that purpose.
[1984 Code § 54-2]
As used in this section:
Shall mean any room, place or space in the Borough where
refreshments of any kind are served for gain or profit, and/or dancing,
entertainment or exhibitions are given or permitted in connection
therewith or any room, place or space in the Borough where exhibitions
or other forms of entertainment or amusement are given or conducted
for gain or profit and dancing and serving of refreshments of any
kind are permitted.
Shall mean a person employed in any capacity or title in
connection with a cabaret, including the licensee and any and all
persons responsible for the control or management thereof. It shall
include a concessionaire and each person employed by a concessionaire.
Shall mean natural persons of either sex, firms, corporations,
partnerships, associations, joint-stock companies, societies and any
other legal entities of any kind capable of being sued, whether acting
by themselves or by servant, agent or employee. The singular masculine
pronoun shall include the feminine and the singular number shall include
the plural.
[1984 Code § 54-3]
It shall be unlawful for any person to conduct, maintain or
operate a cabaret unless the room, place or space wherein the same
is conducted, maintained or operated is licensed in the manner prescribed
herein.
[1984 Code § 54-4]
a.
Any person desiring to procure a cabaret license shall make application
therefor to the Borough Council on a form provided by the Borough
Clerk's office. Such form shall contain the following information.
1.
Name, residence and age of applicant.
2.
Whether applicant is individual, partnership, corporation or other
association.
3.
If a partnership, the names of all persons having an interest in
the partnership, their addresses and ages.
4.
If a corporation, the names of all persons having an interest in
the partnership, their addresses and ages.
5.
If a corporation, the name of each stockholder, together with the
number of shares held by each and the percentage of total outstanding
shares.
6.
Whether any of the persons named in paragraphs 1 through 5 above
are citizens of a country other than the United States and the names
and country of citizenship of those who are.
7.
How long each applicant, member of a partnership or officer of a
corporation has been resident of the Borough and place of previous
employment.
8.
Whether any person mentioned in paragraphs 1, 3, 4 and 5 has been
convicted of a felony or misdemeanor. If so, give full particulars.
9.
Whether any person mentioned in paragraph 1, 3, 4 and 5 has engaged
individually as an operator or manager of a cabaret or similar business
within the last five years. If so, give name of such business, its
address and the length of time such person operated such business.
10.
Whether any person mentioned in paragraphs 1, 3, 4 and 5 has ever
had previous cabaret or similar license revoked or suspended, and
whether such person has been convicted of operating or managing such
a business without a license. If so, give full particulars.
11.
The name of the cabaret under which the applicant will operate.
12.
The nature of the entertainment or exhibitions to be produced.
13.
The area of the floor space to be used, the number of rooms to be
occupied and the number of entrances and exits.
14.
Whether any part of the premises to be used will be used for a hotel,
rooming house or lodging house. If so, give full particulars.
15.
Whether any of the persons has ever been convicted of violating an
ordinance or law relating to public morals or decency.
16.
Names and address of all employees.
17.
Proposed location of cabaret.
b.
The application shall be signed and verified by the applicant before
an officer authorized to administer an oath.
c.
The application shall be referred to the Chief of Police, the Fire
Inspector, Health Inspector and Construction Code Officer for proper
investigation of the applicant and the premises. Such application
shall not be approved by the Borough Council unless a favorable report
in writing from each of the named officials shall have been received,
and such applicant and premises conform to the requirements of this
chapter and all laws and regulations of the State of New Jersey and
the Borough. No application shall be approved by the Borough Council
unless a favorable report in writing from each of the named officials
shall have been received, and such applicant and premises conform
to the requirements of this chapter and all laws and regulations of
the State of New Jersey and the Borough. No application shall be granted
unless the applicant (or, if a corporation, the holders of a majority
of its capital stock) and all persons having an interest in such business
are of good moral character and have not been convicted of violating
laws or ordinances relating to public morality or decency, or to the
sale of intoxicating liquor, within one year preceding the date of
such application.
d.
If any report of the above-named officials is not favorable, notice
shall be given to the applicant within three days, whereupon the applicant
may appeal to the Borough Council within 60 days and by competent
evidence prove that the applicant (or, if a corporation, the holders
of a majority of its capital stock) and all persons having an interest
in the proposed cabaret are of good moral character, that none of
them has ever been convicted of any of the above-mentioned offenses
as herein provided and that the premises described in the application
comply with the requirements of this section and all laws and regulations
of the State of New Jersey and the Borough. If, after such appeal,
the Borough Council shall find from a preponderance of the evidence
that the foregoing facts have been established, it may, in its discretion,
issue such license.
[1984 Code § 54-5]
The fee for each cabaret license shall be $100, payable upon
submission of the application. In the event that an application is
denied, $50 shall be refunded to the applicant.
[1984 Code § 54-5]
All licenses issued between the first day of January and the
30th day of June, inclusive, of any year, shall expire on the 31st
day of December of the same year, and all licenses issued between
the first day of July and the 31st day of December, inclusive, of
any year, shall expire on the 30th day of June of the succeeding year.
[1984 Code § 54-5]
[1984 Code § 54-5]
Such license shall not be transferable and shall not authorize
the person to whom it is granted to conduct a cabaret at any other
location other than that specified in the application and the license
if granted as herein provided.
[1984 Code § 54-6]
a.
A license may be suspended or revoked by the Borough Council for
violation of this section or upon the grounds that disorderly, obscene
or immoral conduct is permitted on the licensed premises, or is occasioned
in the vicinity of such premises as a result of its existence of where
the same was procured by fraud or false representation of fact. During
such period of suspension or revocation, it shall be unlawful to use
or occupy any portion of such premises as a cabaret.
b.
Notice of its intention to suspend or revoke such license shall be
served upon the licensee of such premises by registered mail. There
shall be included in or attached to such notice a statement of the
facts upon which the violation is charged. The licensee shall then
be entitled to a hearing before the Borough Council within 60 days.
Whenever any license shall be suspended or revoked, no refund of any
unearned portion of the fee shall be made and at least six months
from the time of such suspension or revocation shall elapse before
another license shall be issued for the same premises. If the license
of any premises is twice suspended or revoked within a period of one
year, a new license shall not be issued to such place for a period
of at least one year from the date of the second suspension or revocation.
[1984 Code § 54-7]
Every person licensed in accordance with the provisions of this
section shall immediately post such license and keep the same posted
while in force in a conspicuous place on the premises mentioned in
the application for such license.
[1984 Code § 54-8]
Whenever a license shall be lost or destroyed without fault
on the part of the holder or his agent or employee, a duplicate license
in lieu thereof may be issued upon the payment of a fee of $10.
[1984 Code § 54-9]
a.
Premises licensed hereunder shall not exercise cabaret privileges
between the hours of 1:00 a.m. and 7:00 a.m. However, the Borough
Council, in its discretion, may permit any premises licensed hereunder
to exercise cabaret privileges after 1:00 a.m. on special occasions.
b.
If, for good and sufficient reason, it appears to the Borough Council
that the licensed premises creates a private or public nuisance (alternatively,
unreasonably affects the welfare, health, peace and morals of the
people of the Borough of Milltown), it may require such cabaret privileges
to close at 12:00 a.m. so as to reasonably prevent such nuisance.
[1984 Code § 54-10]
a.
No premises in the Borough shall be leased or hired out for the purpose
of conducting cabaret activities thereon unless the person intending
to lease or hire such premises shall have applied for and received
from the Borough Council a permit to do so. Such permit shall be issued
after the Borough Council is satisfied that no fraudulent solicitation
of moneys, any disorderly or immoral behavior, or any behavior calculated
to disturb the public peace or safety will be conducted on such premises
if the permit is granted.
b.
Application for such a permit shall be made on a form to be provided
by the Borough Clerk's office. Such permit shall be good for one day,
including those hours of the following day as hereinafter set forth,
and the fee for such permit shall be $10.
c.
A permit issued pursuant to the provisions of this section may, at
the discretion of the Borough Council, provide that such cabaret activities
may be continued between the hours of 7:00 a.m. and 1:00 a.m. However,
if the cabaret activities are to be carried on beyond the time of
1:00 a.m., a new permit shall be required for such activities.
[1984 Code § 54-11]
a.
No person owning, managing or operating or conducting a cabaret shall
allow or permit any person employed by him in the capacity of an entertainer
or servant or otherwise to approach or accost any guest to dance with
or have refreshments with such employee as aforesaid, during the hours
of their employment, nor shall any person in the premises of a cabaret
approach any person who is an employee of the owner or manager or
operator in the capacity of an engineer or servant or otherwise during
the hours of their employment for the purpose of inducing any such
person so employed to dance with or have refreshments with such guest.
b.
It shall be unlawful for any cabaret to have, permit or maintain
any boxes or booths closed by any door, screen, curtain or other device.
It shall also be unlawful for any cabaret to have, permit or maintain
any box or booth with an entrance thereto in any side other than the
side which faces the center of the main room.
c.
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this section
or for any employee of the place, to harbor, admit, receive or permit
to be or remain in and about any such place, any lewd or dissolute
person, any common prostitute, any drunken or boisterous person, or
any person under the influence of intoxicating liquor, or any person
whose conduct tends in any way to corrupt the public morals.
d.
It shall be unlawful for any lewd or dissolute persons, any common
prostitute, any drunken or boisterous person, or persons under the
influence of intoxicating liquor, or any person whose conduct while
present in the place in any way tends to corrupt the public morals,
to be or remain in or about any place licensed under the provisions
of this section after being notified by the management or a peace
officer to leave the premises.
e.
It shall be unlawful for any person to conduct himself in a boisterous
manner, to use any profane, obscene or indecent language in or about
any place licensed under the provisions of this section or the hallways
or entrance thereof.
f.
It shall be unlawful for any person while dancing in any place licensed
under the provisions of this section to assume or maintain any immodest,
lewd or suggestive posture or position which in any way tends to corrupt
the public morals.
g.
After sunset every place licensed under the provisions of this section
shall be lighted or illuminated by either gas or electricity or other
means, provided that the intensity of such illumination shall at no
time be less than three footcandles at a plane three feet above the
floor at all parts of said place, and it shall be unlawful for the
owner, proprietor, manager or person in charge of such place to admit
any patron thereto after sunset until the place is illuminated, as
provided herein. Such lighting or illumination shall be maintained
throughout the entire time during which such cabaret shall be open
or entertaining patrons and until such cabaret shall be cleared and
closed.
h.
It shall be unlawful to give or permit the giving of, in any such
cabaret, any entertainment or exhibition of a lewd, suggestive, vulgar
or immoral type or to use therein any indecent or obscene language
or to sing any song of any lewd or vulgar character or to behave in
any manner tending to corrupt the public morals.
i.
It shall be unlawful for any person to bring into or have in his
or her possession or partake of any intoxicating liquors in any place
designated in this section as a cabaret. This section shall not apply
to cabarets where intoxicating liquors may be lawfully sold under
the provisions of the Alcoholic Beverage Control Law.
j.
It shall be unlawful for any person conducting, maintaining or operating
a cabaret within the Borough to suffer or permit any waitress, barmaid,
entertainer or employee who comes in contact with or appears before
patrons of the establishment, or for any other person to appear in
the presence of such patrons with breasts uncovered in such a manner
that the portion of the breasts below the top of areola is not covered
with a fully opaque covering or with the genital or buttock area uncovered
or so thinly covered or draped as to permit one to see through the
same, or to appear or suffer or permit any person to appear in any
scene, sketch, act or entertainment with breasts or the lower part
of the torso uncovered or so thinly draped as to permit one to see
through same.
k.
It shall be unlawful for any person licensed under the provisions
of this section to permit on the premises any entertainment, amplified
by a mechanical device, of such an intensity, character and duration
as to disturb the peace, tranquility and good order of the people
of the Borough.
l.
It shall be unlawful for any person licensed under the provisions
of this section to permit any disorderly, noisy, riotous or tumultuous
conduct or loitering about the licensed premises.
m.
It shall be unlawful for the owner, proprietor, manager or person
in charge of any place licensed under the provisions of this section
to refuse admission to any peace officer charged with the duty of
enforcing this section. The officers shall have free access at all
times to any cabaret licensed under the provisions of this section.
[1984 Code § 54-12]
a.
The maximum number of persons permitted in any cabaret shall be determined
on the basis of one person for each 15 square feet of floor area utilized
for cabaret activities.
b.
The Construction Code Officer shall determine the maximum number
of square feet in each place which is subject to this section, and
shall cause signs to be posted in such place in conspicuous locations
designated by him stating the maximum number of persons permitted
to occupy such place at any one time. The owner or occupant of such
place shall cause the signs to be posted at the locations designated
by the Building Inspector at all times.
[1984 Code § 54-13]
All entrances and exits to the licensed premises shall open
out and remain unlocked while there are patrons on the premises and
all such exits shall be clearly marked.
[1984 Code § 54-14]
The provisions of this section shall not apply to the activities
conducted in a building or buildings owned by any church, public school,
firehouse or clubhouse which is not conducted for gain or profit and
which is located on a plot of 10,000 square feet or more, or a clubhouse
which is not conducted for gain or profit, on a lot of less than 10,000
square feet if exemption therefor is granted by the Borough Council.
[1984 Code § 54-15; Ord. No. 08-1283]
a.
Any person who conducts a cabaret without a license or permit required by this section, or who makes fraudulent statements on an application therefor, or who, having had his license or permit suspended or revoked, continues to conduct cabaret activities on the licensed premises, shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day's continued violation shall constitute a separate violation.
[1984 Code § 95-14]
As used in this section:
Shall mean and include patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporations, organizations,
societies and the like.
Shall mean and include alms, food, clothes, money, subscription
or property of any nature or kind.
Shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
Shall mean the request, directly or indirectly, for money,
credit, property, financial assistance and other things of value on
the plea or representation that such money, credit, property, financial
assistance or other things of value will be used for a charitable
and philanthropic purpose as defined in this section. "Solicitation"
shall be deemed to be complete when made, whether or not the person
making the same received any contribution.
[1984 Code § 95-15]
No person or organization shall solicit charitable and philanthropic
contributions within the Borough without first obtaining a permit
authorizing such public solicitation; provided, however, that the
provisions of this section shall not apply to any established person
or organization authorized and operated for the pecuniary profit of
any person if the solicitations by such person or organization are
conducted among the members thereof or if the solicitations are in
the form of collections or contributions at the regular assembly or
meetings of any such person or organization.
[1984 Code § 95-16]
a.
Application for a permit to make a public solicitation of funds by
charitable and philanthropic organizations shall be made to the Borough
Clerk upon forms provided by the Borough.
b.
In addition to the application requirements stipulated in subsection 4-1.2, the application herein required shall contain the following information:
1.
The purpose for which such solicitation is to be made and the estimated
amount of funds proposed to be raised thereby.
2.
A specific statement showing the need for the solicitation.
3.
The name and address of the person or persons who will be in direct
charge of conducting the solicitation.
4.
The names and addresses of all persons making the proposed solicitation.
5.
A brief outline of the method to be used in conducting the solicitation.
6.
The time and dates when such solicitations shall be made, giving
preferred dates and alternate dates for the beginning and ending of
such solicitation.
7.
The amount of any wages, fees, commissions or expenses to be paid
to any person or organization for conducting such solicitation and
the names and addresses of all such persons.
8.
A full statement of the character and extent of the charitable and
philanthropic work conducted by the applicant within the Borough.
9.
A statement to the effect that if the permit is approved, it will
not be used or represented in any way as an endorsement of the proposed
solicitation by the Borough or by any of its officers or departments.
c.
If, while the application is pending, or during the term of any permit
granted thereunder, there is any change in fact, policy or method
that would alter the information given in the application, the applicant
shall notify the Borough Clerk in writing within 24 hours after such
change.
[1984 Code § 95-17; Ord. No. 2015-1417]
a.
In lieu of the provisions stipulated in subsection 4-1.3, immediately upon receipt of the application, the Borough Clerk shall forward the same to the Chairman of the Welfare Committee. The Welfare Committee shall meet within the 10 days prior to the next meeting of the Borough Council and shall make such investigation of the application as it shall deem necessary for the protection of the public good. The Welfare Committee, if it so desires, may request the Chief of Police, or any other officials of the municipality to investigate the applicant, in accordance with subsection 4-1.3.
b.
At the next regular meeting of the Borough Council, the Welfare Committee
shall report to the Council the receipt of the application and the
recommendation of the Welfare Committee as to whether such application
shall be approved or disapproved and the reasons thereof.
[1984 Code § 95-18]
a.
It shall be the duty of the Welfare Committee to keep a current calendar
of approved solicitations to be conducted within the Borough.
b.
The Welfare Committee and/or the Borough Council shall have the right
to propose alternate dates for the solicitation if the requested dates
should conflict with other solicitations being conducted within the
Borough.
[1984 Code § 95-19; Ord. No. 2015-1417]
If the application shall be approved, the Borough Clerk shall
immediately notify the applicant of such approval, and a copy of such
notification shall be forwarded to the Chief of Police. If the application
is disapproved, a notification of that decision shall immediately
be sent to the applicant by the Borough Clerk stating the reasons
for such disapproval.
[1984 Code § 95-20]
There shall be no fee payable to the Borough for any charitable
and philanthropic solicitation permit.
[1984 Code § 95-21]
No permit may grant the right to solicit for a period longer
than 90 consecutive days.
[1984 Code § 95-22]
Any person or organization receiving money or any other thing
for a value of $1 or more from any contributor under a solicitation
made pursuant to this section shall give to the contributor a written
receipt signed by the solicitor showing the permit number, the date
and the amount received; provided, however, that this section shall
not apply to any contribution collected by means of a closed box or
receptacle used in solicitation where the use thereof has been approved
by the Borough Council, where it is impractical to determine the amount
of such contribution.
[1984 Code § 95-23; Ord. No. 12-1355 § 1]
a.
All solicitations conducted under the authority of this section shall
take place between the hours of 10:00 a.m. and 5:00 p.m., and no solicitations
shall be conducted on Sundays. Any person or organization desiring
to solicit at hours other than those stated herein shall make special
request therefor on its application, and this special request shall
be approved or disapproved by the Borough Council when action is given
upon the application. If approval is given by the Borough Council
for solicitation other than during the hours stated in this subsection,
such approval shall be plainly stamped on each permit issued by the
Borough Clerk.
b.
Solicitation conducted under the authority of this section within
any roadway is strictly prohibited.
[1984 Code § 95-1]
As used in this section:
Shall mean and include any person, whether a resident of
the Borough or not, traveling by foot, wagon, automotive vehicle or
any other type of conveyance, from place to place, from house to house
or from street to street, carrying, conveying or transporting goods,
wares, merchandise, meats, fish, vegetables, fruits, food, ice cream,
fruit ices, soda water, garden farm products or provisions, offering
and exposing the same for sale or making sales and delivery articles
to purchasers. The word "peddler" shall include the words "hawker"
and "huckster."
[1984 Code § 95-2]
It shall be unlawful for any person to engage in the business
of peddler, as defined in this section, within the corporate limits
of the Borough without first obtaining a permit and license as provided
by this section.
[1984 Code § 95-3; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
a.
The fee for a peddler's license shall be $30 for a period of 90 days.
b.
The fee for a vendor's license shall be $10 per day. There shall
be no fee for veterans.
c.
The fees as above set forth are for the purpose of raising revenues.
d.
No portion of the fee shall be prorated for any part of the year.
[1984 Code § 95-4]
After 5:00 p.m. Eastern standard time or daylight savings time,
whichever is in effect, no peddler or any person in his behalf shall
shout, make any cry-out, blow a horn, ring a bell or use any sound
device, including any loud-speaking radio or sound-amplifying system,
upon any of the streets, alleys, parks or other public places of the
Borough or upon any private premises in the Borough where sound of
sufficient volume is emitted or produced therefrom to be capable of
being plainly heard upon the streets, avenues, alleys, parks or other
public places, for the purpose of attracting attention to any goods,
wares or merchandise which such licensee proposes to sell.
[1984 Code § 95-5]
No peddler shall have any exclusive right to any location, nor
shall be permitted to operate in any congested area where his operations
might impede or inconvenience the public. For the purpose of this
section, the judgment of a Police Officer, exercised in good faith,
shall be deemed conclusive as to whether the area is congested or
the public impeded or inconvenienced.
[1984 Code § 95-23; Ord. No. 12-1355 § 2]
[1984 Code § 95-7]
It shall be the duty of any Police Officer of the Borough to
require any person seen peddling, and who is not known by such officer
to be duly licensed, to produce his peddler's license and to enforce
the provisions of this section against any person found to be violating
the same.
[1984 Code § 95-8]
It shall be unlawful for any solicitor or canvasser, as defined
in this section, to engage in such business within the Borough without
first obtaining a permit and license.
[1984 Code § 95-9]
As used in this section:
Shall mean any individual, whether a resident of the Borough
or not, traveling either by foot, wagon, automobile, motor truck or
any other type of conveyance, from place to place, from house to house
or from street to street, taking or attempting to take orders for
sale of goods, wares and merchandise, personal property of any nature
whatsoever for future delivery or for services to be furnished or
performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale whether he
is collecting advanced payments on such sales or not, provided that
such definition shall include any person who, for himself or for another
person, hires, leases, uses or occupies any building, structure, tent,
railroad boxcar, boat, hotel room, lodging house, apartment, shop
or any other place within the Borough for the sole purpose of exhibiting
samples and taking orders for future delivery.
[1984 Code § 95-10]
Applicants for a permit and license under this section must file with the Borough Clerk a sworn application, in writing, in duplicate, which, in addition to the information required in subsection 4-1.2, shall indicate.
a.
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.
b.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
[1984 Code § 95-11]
a.
At the time of filing the application, a fee as designated by resolution
of the Borough Council shall be paid to the Borough Clerk to cover
the cost of investigation of the facts stated therein.
b.
The license fee which shall be charged by the Borough Clerk for such
license shall be designated by resolution of the Borough Council.
[1984 Code § 95-12]
a.
The Borough Clerk shall issue to each licensee at the time of delivery
of his license a badge, which shall contain the words "Licensed Solicitor,"
the period for which the license is issued and the number of the license
in letters and figures easily discernible from a distance of 10 feet.
b.
Such badge shall, during the time such licensee is engaged in soliciting,
be worn constantly by the licensee on the front of his outer garment
in such a way as to be conspicuous.
[1984 Code § 95-13; Ord. No. 819 § 1; Ord. No. 12-1355 § 3]
[Ord. No. 07-1255 § 1]
The purpose of this section is to establish background checks
for licensing of all peddlers, and unsolicited door-to-door salespeople
and to establish a Do Not Knock registry to regulate the distribution
of unsolicited materials in the Borough of Milltown.
[Ord. No. 07-1255 § 2]
a.
Any individual who owns and/or operates a peddling business or unsolicited
door-to-door sales business shall first obtain a license from the
Borough Clerk.
b.
Employees of peddling or unsolicited door-to-door sales businesses
actively conducting business within the Borough of Milltown shall
obtain a permit from the Borough Clerk.
c.
Licenses and permits shall be displayed in full view during the course
of business.
d.
Licenses/permits shall be renewed annually each calendar year.
e.
Background checks will be conducted on a biennial basis for each
holder of a license or permit.
f.
It is the responsibility of the license holder to ensure that each
new employee who engages in the activities regulated by this section
completes an application and receives a permit.
g.
Holders of special licenses from the State of New Jersey pursuant
to the regulations of N.J.S.A. 45:24-9, as supplemented and amended,
(honorably discharged veterans and exempt members of volunteer fire
departments, volunteer fire engineer, hook and ladder, hose supply
company or salvage corps, of any municipality or fire district in
the State of New Jersey who hold exemption certificates issued to
them) shall fill out an application and pay for any background checks
with the New Jersey Division of State Police but shall be exempt from
any of the Borough's administrative fees for background checks hereunder.
h.
All licenses and permits shall expire on the last day of each calendar
year.
i.
Upon termination of an employee, all permits of terminated employees
shall be returned to the Borough Clerk within 10 days of such termination.
It shall be unlawful for any peddlers or unsolicited door to
door salespeople to sell or dispose of any goods, wares or merchandise,
within the Borough of Milltown, without first obtaining a license
and paying the license fee hereinafter prescribed.
[Ord. No. 07-1256 § 3]
The Borough Clerk is hereby authorized to issue any such license
upon the payment by the applicant of the proper fee therefore, as
hereinafter provided.
Any person desiring a license or permit under this section shall
file, on a form to be supplied by the Borough Clerk, an application
with the Borough stating the following:
a.
License Application.
1.
Name of applicant's business;
2.
Address of applicant's business;
3.
Telephone number of applicant's business;
4.
Name and social security number of applicant;
5.
Applicant's home address and telephone number;
6.
Date and place of applicant's birth;
7.
Place or places of residence of applicant for the preceding three
years;
8.
The kind and nature of merchandise to be sold or offered for sale;
9.
Whether or not the applicant will use or employ any vehicles in connection
with the operation of the business licensed under this section and,
if so, the number of vehicles, license plate number and description
of each vehicle;
10.
Whether or not the applicant has ever been convicted of a crime,
misdemeanor or violation of any ordinance concerning peddlers and/or
unsolicited door to door sales and, if so, where and the nature of
the offense or convictions;
11.
All applications for licenses shall be accompanied by an approved
fingerprint check from the Borough of Milltown Police Department;
12.
All applications shall be accompanied by a signed license authorization
form; and
13.
Two passport size photographs, one of which shall be attached to
the license.
b.
Permit Application.
1.
Name of employer's business;
2.
Address of employer's business;
3.
Telephone number of employers business;
4.
Name and social security number of applicant;
5.
Applicant's home address and telephone number;
6.
Date and place of the applicant's birth;
7.
Place or places of residence of the applicant for the preceding three
years;
8.
The kind and nature of merchandise to be sold or offered for sale;
9.
Whether or not the applicant will use of employ any vehicles in connection
with the operation of the business licensed under this article and,
if so, the number of vehicles, license plate number and description
of each vehicle;
10.
Whether or not the applicant has ever been convicted of a crime,
misdemeanor or violation of any ordinance concerning peddler and/or
unsolicited door-to-door sales and, if so, where and the nature of
the offense or convictions;
11.
All applications for permits must be accompanied by an approved fingerprint
check from the Milltown Police Department;
12.
All applications must be accompanied by a signed permit application
release authorization form; and
13.
Two passport size photographs, one which shall be attached to the
permit.
[Ord. No. 07-1255 § 4]
a.
The license fee for peddlers or door-to-door salespeople who use or employ one or more vehicles shall be $200 annually; except that holders of special licenses pursuant to subsection 4-8.2g shall be exempt.
b.
The license fee for peddlers or door-to-door salespeople who do not use or employ vehicles, but carry their wares or goods by foot, shall be $100 annually, except that holders of special licenses pursuant to subsection 4-8.2g shall be exempt.
c.
For initial license/permit application:
d.
For biennial (every two years) background check at renewal for those
who have had an initial background check completed:
[Ord. No. 07-1255 § 5]
Every such license shall remain in force and be valid only for
the time therein expressed and shall apply only to the person or persons
to whom granted and shall not be transferable.
[Ord. No. 07-1255 § 6]
The following persons are to be deemed outside the licensure
requirements of this section and are exempt from the licensing provisions
and fee requirements (except where noted) thereof:
a.
Any person selling newspapers or periodicals.
b.
Any person engaged in the business of selling goods, wares or merchandise
from a store or building in the Borough.
c.
Any Federal census takers and polls or surveys taken pursuant to
Federal, State or local law shall not be prohibited by this section.
d.
Any person engaged in information gathering or soliciting funds for
a nonprofit or political entity.
[Ord. No. 07-1255 § 7]
There is established a "Do Not Knock Registry" to be maintained
in the Borough Clerk's Office. The purpose of the Do Not Knock Registry
is to permit residents to bar any commercial solicitation, peddling
or hawking taking place by foot, wagon, motor vehicle or any other
conveyance on a door-to-door basis. Residents may register for such
list by personal delivery, regular mail or e-mail to the Borough Clerk.
After registration on the Do Not Knock Registry, it shall be a violation
of the terms of this section to visit any residences for commercial
solicitation, peddling or hawking to any registered person and/or
such person's property. No commercial solicitation or peddling of
any nature or kind whatsoever shall be permitted on any properties
which have been listed with the Do Not Knock Registry, to be maintained
at the Borough Clerk's Office.
[Ord. No. 07-1255 § 8]
a.
The provisions of this section shall not be applicable to the delivery
or personal solicitation of:
1.
Mall, parcels, or packages by and in accordance with the rules of
the United States Postal Service.
2.
Parcels, packages, and materials delivered by a commercially registered
recognized courier service or overnight express delivery agency, such
as, by way of example, Federal Express or United Parcel Service.
3.
Newspapers and other publications and periodicals if subscribed to
by the owner or occupant of the recipient premises, provided same
are placed firmly in a receptacle designed for such purpose, or in
the absence of such receptacle, tightly wrapped to prevent blowing
or scattering upon the recipient premises or adjacent areas.
4.
Delivery of laundry, dry cleaning, dairy, bakery or similar food
products and commercial product sampling by agreement with or invitation
of the owner or occupant of the recipient premises.
5.
Personal delivery or drop off of non-commercial handbills of a political,
non-profit charitable or religious nature whose distribution is or
may be protected by constitutional rights of free speech, provided
that same are packaged and placed in such a manner as not to blow
and scatter upon the receipting premises or adjacent areas.
[Ord. No. 07-1255 § 9]
The Borough Clerk may revoke and/or rescind any license or permit
granted under this section person or organization with such license
or permit, as applicable, shall be found:
a.
Using false or fraudulent statements in obtaining such license or
permit.
b.
Using false of fraudulent statements or other misrepresentations
in the course of carrying on business or employment under such license
or permit, as applicable.
c.
Conducting the business of canvassing, soliciting or peddling in
an unlawful manner or in such a manner as to constitute a breach of
the peace or nuisance or a menace to the health, safety and welfare
of the citizens of the Borough of Milltown.
d.
Any conviction of a crime or other offense which would be cause for
the denial of an initial license or permit application.
[Ord. No. 07-1255 § 10]
Any person violating or failing to comply with any of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitted the continuation of the violation may be punished as provided above for each separate offense.
[1984 Code § 80; Ord. No. 838 § 1; Ord. No. 837 § 1; Ord. No. 939 § 1; Ord. No. 1015; amended 8-8-2016 by Ord. No. 16-1434; 10-28-2019 by Ord. No. 19-1482]
As used in this section, the following terms shall have the
meanings indicated:
A vendor that travels by foot, wagon, automotive vehicle
or any other type of conveyance, from place to place, from house to
house or from street to street selling, carrying, conveying or transporting
ice cream and offering and exposing the same for sale.
Any establishment, however designated, regularly and principally
used for the purpose of providing meals to the public, having an adequate
kitchen and dining room equipped for the preparing, cooking and serving
of foods for its customers.
An establishment that sells, serves, cooks, prepares or provides
prepared food, packaged food, and/or beverages, but is not defined
as a "restaurant."
A license issued to an establishment licensed annually in
the Borough of Milltown who wishes to sell products outside of their
licensed premises. This license can be issued for a time period not
to exceed seven days. A rain date for the same duration of the original
license may be permitted, but must be noted at time of application.
A license issued to a vendor for a time period not to exceed
seven days to allow for participation in a temporary event. A rain
date for the same duration of the original license may be permitted,
but must be noted at time of application.
In addition to the requirements contained in § 4-1, each application for a license under this section shall be investigated by the Sanitary Inspector, who shall report his findings in writing to the Mayor and Borough Council within a reasonable time. No license shall be issued unless the Sanitary Inspector reports that the applicant conforms to all provisions of the Retail Food Establishment Code.
Fees for annual licensing of retail food establishments are
hereby fixed as follows:
a.
Fee Schedule.
|
Type of Establishment
|
Fee
|
|---|---|
|
Restaurants (based on seating capacity)
| |
|
1 to 25 seats
|
$100
|
|
26 to 50 seats
|
$150
|
|
51 to 100 seats
|
$200
|
|
100+ seats
|
$250
|
|
Retail food establishments (based on square footage)
| |
|
1 to 2,500 square feet
|
$100
|
|
2,501 to 4,999 square feet
|
$150
|
|
5,000 to 9,999 square feet
|
$200
|
|
10,000+ square feet
|
$250
|
|
Other
| |
|
Mobile ice cream vendor
|
$100
|
|
Temporary license
|
$50
|
|
Special event license
|
$10
|
b.
Food License
Late Fee; Reinspection Fee.
1.
A late
fee will be levied by the licensing municipality on those food establishment
owner(s) and/or operator(s) who do not renew their license on the
anniversary date. The late fee charge will be in addition to the cost
of the establishment's annual food licensing fee. The late fee charge
is set as follows: the late fee equals 20% of the food establishment's
annual licensing fee, except that the minimum late fee charge shall
be set no lower than $20.
2.
If, upon
inspection, the establishment receives any rating other than satisfactory,
there will be a reinspection fee of $100. Establishments are still
subject to additional penalties upon inspector's discretion.
c.
All public
primary, elementary and secondary schools shall be exempt from the
fees set forth herein.
No license for a retail food establishment shall be issued until
the Township Clerk is in receipt of a certification from the Collector
that all real property taxes, utilities and assessments pertaining
to the property on which the retail food establishment is located
are current and that no such taxes or assessments are then due and
owing.
Each food handler and each person charged with direct supervision
of the operation of a restaurant, retail food establishment or mobile
vendor where food is provided or consumed on the premises in the Borough
shall, within 12 months of the date of passage of this section or
within 12 months from the commencement of their employment, if such
employment commences after the passage of this section, obtain a certificate
certifying that they have successfully completed either a course in
food-handling provided by the Department of Health of the Borough
or any other food-handling course approved by the Department. The
Health Officer of the Borough has the ability to provide a written
determination of exemption to establishments that must be provided
to the Borough Clerk for review and acceptance.
In addition to the grounds for revocation set forth in § 4-1.10, any license issued under this section may be suspended or revoked for failure to comply with any provision of the Retail Food Establishment Code.
[1984 Code § 120-9]
As used in this section:
Shall mean any music vending machine, contrivance or device
which, upon the insertion of a coin, slug, token, plate, disc or key
into any slot, crevice or other opening or by the payment of any price
operates or may be operated for the emission of songs, music or similar
amusement.
Shall mean any person in whose place of business or upon
whose property any mechanical amusement device is placed or kept for
operation by the general public.
[1984 Code § 120-10]
No person shall operate a jukebox or coin-operated vending machine
within with Borough without having first obtained the license and
paid the required fee. All licenses shall expire on the 31st day of
December following the issuance of the license.
[1984 Code § 120-11; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
a.
Prior to the issuance of any license authorized by this section,
a fee shall be required for each individual jukebox and a fee for
each coin-operated vending machine shall be required depending upon
the cost of the merchandise within the machine, as designated by resolution
of the Borough Council.
b.
The fees for vending machines shall not apply to machines vending
United States postage stamps, New Jersey lottery tickets or to machines
where the entire profit goes to nonprofit corporations or organizations.
[1984 Code § 120-12]
The license herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein
the device is to be operated or maintained to be operated.
[1984 Code § 120-13]
[1984 Code § 120-1]
As used in this section:
Shall mean any person who supplies any mechanical amusement
device to another for use in his place of business, whether under
lease or any similar arrangement.
Shall mean any machine which may be operated by the public
for entertainment or amusement, whether the machine is coinoperated
or not, and whether or not it registers scores or tallies. Examples
of "mechanical amusement devices" are pinball machines, bowling machines,
mechanical grab machines, skee-ball machines, pokerino machines and
similar devices. This enumeration is intended to be typical and shall
not be construed as exclusive. Jukeboxes shall not be considered "mechanical
amusement devices" for the purposes of this section.
Shall mean any person in whose place of business any mechanical
amusement device is placed or kept for operation by the public.
[1984 Code § 120-2]
No person shall distribute or operate a mechanical amusement
device within the Borough without having first obtained a license
and paid the required license fee. All licenses shall expire on the
31st day of December following the issuance of the license.
[1984 Code § 120-3]
a.
Applicants for distributor's or operator's licenses which are associations shall supply the information required by subsection 4-1.2 for all members of the association. Applicants which are corporations shall supply the information required by subsection 4-1.2 for all officers and directors and for all stockholders of the corporation who own more than 10% of its issued and outstanding capital stock. Corporations shall also supply the name and address of their registered agent.
[1984 Code § 120-4; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
Prior to the issuance of any license authorized by this section,
an annual fee of $25 shall be paid to the Borough Clerk. The license
shall permit no more than two machines on the same premises mentioned
in the license as owned or operated by the same licensee. In the event
that there are more than two machines on one licensed premises owned
or operated by the same licensee then an additional fee shall be paid
to the Clerk for each additional machine.
[1984 Code § 120-5]
A license may be transferred from one machine to another by
giving notice to the Clerk to that effect and giving a description
of the new machine. A license may be transferred from one place to
another by giving notice to the Clerk to that effect and supplying
the required information as to the new premises.
[1984 Code § 120-6]
No mechanical amusement device shall be located in any premises
within 500 feet of a church or other religious institution or a public
or private school. The distance shall be measured from the nearest
entrance of the church or school to the nearest entrance of the premises
on which the mechanical amusement device is located or is sought to
be located along the route that a pedestrian would normally walk.
[1984 Code § 120-7]
The following regulations shall apply to all mechanical amusement
devices:
a.
The premises shall be so arranged as to permit a clear view of the
interior from the exterior at all times.
b.
No operator shall knowingly permit any person convicted of a crime
involving moral turpitude to be associated with him in the ownership
or management of the business or to be in his employ or to loiter
on the premises.
c.
No operator shall offer or permit to be offered any prizes or awards,
whether in cash or otherwise, as an inducement to use mechanical amusement
devices except for trophies, plaques or items of a similar nature
of nominal value.
d.
No operator shall permit any minor under the age of 16 years, unaccompanied
by a parent or guardian, to remain on the premises after 10:00 p.m.
e.
No operator shall permit any activity which is illegal or immoral
or which creates an undue amount of noise or a danger of a breach
of the peace to occur on the premises.
[1984 Code § 120-8]
Nothing in this section shall be construed to authorize any
gambling device of any kind whatsoever, including any device that
dispenses any kind of payoff or reward, or any device that has been
judicially determined to be a gambling device or declared to be a
gambling device under any law of the State of New Jersey. If the Director
of Public and/or Police Chief has reason to believe any mechanical
amusement device is used as a gambling device, he shall cause that
machine to be seized and impounded. If after trial it is determined
that the machine was in fact being used as a gambling device, it shall
be destroyed and the license of the operator or distributor shall
be revoked. Revocation of license and seizure of machine are in addition
to any other penalty which may be imposed for a violation of this
section.
[1984 Code § 88-1]
As used in this section:
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale," "barn sale," "flea market
sale" 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 the sale.
Shall mean and include any goods, warehouse merchandise or
other property capable of being the object of sale regulated hereunder
and which is owned by the licensee or consigned to him.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[1984 Code § 88-2; Ord. No. 838 § 1; Ord. No. 873 § 1; Ord. No. 939 § 1; Ord. No. 1015]
a.
It shall be unlawful for any person to conduct a garage sale in the
Borough without first filing with the Borough Clerk the information
hereinafter specified and obtaining from the Borough Clerk a license
to be known as a "garage sale license." Such filing shall be made
at least one week prior to the requested sale date.
b.
The fees for a license shall be $5.
[1984 Code § 88-3]
a.
Such license shall be issued to any one person or any address only
twice within a twelve-month period, and no such license shall be issued
for more than two consecutive calendar days. Charitable and religious
and civic organizations may be allowed more than two licenses with
the approval of the Mayor and Borough Council.
b.
Each license issued under this section must be prominently displayed
on the premises and visible from the street upon which the garage
sale is conducted throughout the entire period of the license sale.
[1984 Code § 88-4]
The information to be filed with the Borough Clerk pursuant
to this section shall be as follows:
a.
Name of the person, firm, group, corporation, association or organization
conducting the sale.
b.
Name of the owner of the property on which the sale is to be conducted
and the consent of the owner if the applicant is other than the owner.
c.
Location at which the sale is to be conducted.
d.
Number of days of sale.
e.
Date and nature of any past sale.
f.
Relationship or connection the applicant may have had with any other
person, firm, group, organization, association or corporation conducting
the past sale and the date or dates of such sale.
g.
Whether or not the applicant has been issued any other vendor's license
by any local, State or Federal agency.
h.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known by him to be so.
[1984 Code § 88-5; Ord. No. 2015-1417]
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 persons shall permit any loud or boisterous conduct on the
premises or permit vehicles to impede the passage of traffic on any
roads or streets in the area of such premises. All such persons shall
obey the reasonable orders of any member of the Police Department
of Fire Department of the Borough in order to maintain the public
health, safety and welfare. All licensed premises shall at all times
be subject to such reasonable rules as may be made from time to time
by the Mayor and Borough Council and shall be subject to inspection
at all times by the Construction Official, Zoning Officer, Chief of
Police and the Fire Chief or any of their agents or any other duly
authorized representative of the Borough.
[1984 Code § 88-6]
All garage sales shall be conducted between the hours of 9:00
a.m. and 8:00 p.m. only.
[1984 Code § 88-7]
Signs for advertising or directing customers to the garage sale
shall not exceed two feet by two feet in size and cannot be placed
earlier than one week prior to the sale and must be removed within
24 hours after the sale has terminated.
[1984 Code § 88-8]
It shall be unlawful for any person to offer for sale mattresses,
bedsprings, cots, lounges and sofas in any garage sale authorized
under this section without first complying with the appropriate section
of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling,
sterilizing and disinfecting of the mattresses, bedsprings, cots,
lounges and sofas.
[1984 Code § 88-9]
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
d.
Any publisher of a newspaper, magazine or other publication or other
communication media who publishes or broadcasts in good faith without
knowledge of false, deceptive or misleading character or without knowledge
that the provisions of this section have not been complied with.
e.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Borough or under the
protection of the nonconforming use provisions thereof or any other
sale conducted by a manufacturer, dealer or vendor, which sale would
be conducted from properly zoned premises and is not otherwise prohibited
in the Code of the Borough of Milltown.
f.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this section shall
be on the organization or institution claiming such exemption.
[1984 Code § 88-10]
This section shall be enforced by the Zoning Officer. It shall
be the duty of the Zoning Officer to investigate any violation 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 to bring to the attention of the Zoning Officer for further
investigation any violations of this chapter of which the Police Department
becomes aware during the course of its normal duties.
[Ord. No. 1015 § 1]
The fee for a sidewalk sale is $20.
[Ord. No. 09-1284 § 1]
For the purposes of this section only, the terms "solicitation"
or "solicit" shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include, but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money or other thing of value. A solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
[Ord. No. 09-1284 § 1]
Notwithstanding any other provision of law to the contrary,
no person shall place, use, or employ a donation clothing bin within
the Borough of Milltown, for solicitation purposes, without obtaining
a permit from the Municipal Clerk, which is approved by the Borough
Council. Permits are renewable on an annual basis during the month
of January.
[Ord. No. 09-1284 § 1]
The annual permit fee is $25 per bin and will be used to offset
the costs involved in enforcing this section.
[Ord. No. 09-1284 § 1]
The application for obtaining a permit shall include:
a.
The location where the bin would be situated, as precisely as possible;
b.
The manner in which the person 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;
c.
The name and telephone number of the bona fide office of any person
or entity which may share or profit from any clothing or other donations
collected via the bin, at which such person can be reached during
normal business hours. For the purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
d.
Written consent from the property owner to place the bin on his property.
[Ord. No. 09-1284 § 1]
In addition to the above application requirements, renewal applications
must include:
a.
A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collected via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates it may make in these
processes during the period covered by the renewal;
b.
The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the bin, and of any entities which may do so during the period
covered by the renewal; and
c.
If the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible and written consent
from the property owner of the new location.
[Ord. No. 09-1284 § 1]
Milltown Borough shall not grant an application for a permit
to place, use, or employ a donation clothing 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 donation
clothing bin within 100 yards of any place which stores large amounts
of, or sells, fuel or other flammable liquids or gases; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a donation clothing bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing or other donations outside the
bin.
[Ord. No. 09-1284 § 1]
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
a.
The permit number and its date of expiration;
b.
The name and address of the registered person who owns the bin, and
of any other entity which may share or profit from any clothing or
other donations collected via the bin;
c.
The telephone number of the owner's bona fide office, and, if applicable,
the telephone number of the bona fide office of any other entity which
may share or profit from any clothing or other donations collected
via the bin. For the purposes of this subsection, an answering machine
or service unrelated to the person does not constitute a bona fide
office;
d.
In cases when any entity other than the person who 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 person who owns the bin, and identifying all such entities
which may share or profit from such donations; and
e.
A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application, indicating the manner
in which the owner 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.
[Ord. No. 09-1284 § 1]
a.
The Zoning Officer shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Zoning Officer that a person has engaged in, or is engaging
in any act or practice in violation of this section, the person who
placed the bin shall be issued a warning, stating that if the violation
is not rectified or a hearing with the appropriate municipal agency
is not requested within 45 days, the bin will be seized or removed
at the expense of the person who placed the bin, and any clothing
or other donations collected via the bin will be sold at public auction
or otherwise disposed of. In addition to any other means used to notify
the person who placed the bin, such warning shall be affixed to the
exterior of the bin itself.
b.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, Milltown Borough may seize the bin, remove it, or have
it removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Chief Financial Officer
of the Borough.
[Ord. No. 09-1284 § 1]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of this
section or the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) which results in seizure of the donation clothing bin shall
be:
a.
Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Milltown Borough Municipal Court or the
Superior Court of New Jersey as a summary proceeding under the Penalty
Enforcement Law of 1999, P.L. 1999, c.274 (NJAC.2A:58-10 et seq.),
and any penalty monies collected shall be paid to the Chief Financial
Officer of the Borough; and
b.
Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this Section and P.L.2007, c.209
(N.J.S.A. 40:48-2.61). A person disqualified from placing, using,
or employing a donation clothing bin by violating the provisions of
P.L. 2007, c.209 (N.J.S.A. 40:48-2.60 et seq.) may apply to the Borough
Council to have that person's eligibility restored. The Borough Council
may restore the eligibility of a person who:
[1984 Code § 134-1]
No person shall engage in, form, start or aid in any parade,
march, demonstration, motorcade or show of any kind in or upon any
street, park or other public place unless a parade permit shall have
been first obtained from the Borough Council, provided that no permit
shall be required for:
[1984 Code § 134-2]
An application for a parade permit shall be filed with the Director
of Police and/or Chief of Police not less than 10 days before a regular
Borough Council meeting on forms to be provided by the Borough Council,
provided that for good cause the Borough Council shall have the authority
to consider any application not filed within such time.
[1984 Code § 134-3]
Within a reasonable time, not later than the second regular
Borough Council meeting after receipt of the application, the Council
shall direct the Director of Police and/or Chief of Police to issue
the permit, provided that the application has established that the
parade:
a.
Will proceed expeditiously and without unreasonable delays.
b.
Will not substantially interrupt the orderly movement of traffic.
c.
Will not reasonably require the diversion of so great a number of
policemen so as to prevent normal and proper police protection in
other areas.
d.
Will not cause interference with the proper movement of fire apparatus,
ambulances and police vehicles.
e.
Will not be reasonably likely to cause injury to persons or property
or to promote disorderly conduct or to cause a disturbance.
[1984 Code § 134-4]
If the Borough Council does not direct the Director of Police
and/or Chief of Police to issue the permit by the second Borough Council
meeting after the same was filed, the Director of Police and/or Chief
of Police shall promptly notify the applicant, who shall have the
right to request a reconsideration by the Council. In denying the
permit, either originally or on reconsideration, the Council may direct
the Director of Police and/or Chief of Police to issue an alternative
permit, authorizing the parade on a different date, time or location,
provided that such alternative permit, to be effective, must be accepted
within three days by the applicant.
[1984 Code § 134-5]
The Director of Police and/or Chief of Police shall have authority
to revoke a parade permit or an alternative permit issued upon application
of the standards as heretofore set forth.
[Ord. No. 839 § 1]
As used in this section:
Shall mean and include any of several games played on an
oblong table surrounded by elastic ledges or cushions with balls impelled
by a cue.
Shall mean and include any arrangement whereby the players
or any of them purchase any articles of food, beverages or anything
of value from anyone maintaining or controlling the tables for the
privilege of using such tables.
Shall mean any room, enclosure, area or place where billiards
or pool is played.
[Ord. No. 839 § 2]
No person shall operate a pool or billiard parlor in the Borough
without having first obtained a license from the Borough and paid
the required fees. Application for such license shall be made to the
Borough Council of the Borough of Milltown.
[Ord. No. 839 § 3]
The application for such license shall contain the following
information:
a.
Name and address of the applicant, age, date and place of birth;
b.
The names and addresses of all agents, servants and employees;
c.
Prior convictions, if any, of the applicant and any of his, its or
their agents, servants and employees;
d.
Place and dimensions thereof where billiard or pool tables are to
be kept, maintained or operated and the business conducted at that
place;
e.
Description and number of tables to be covered by the license, size
and location on premises, name of manufacturer, serial number; and
f.
Such other information as the Borough Council shall find reasonably
necessary to effectuate the purpose of this section and to arrive
at a fair determination of whether the terms of this section have
been complied with.
[Ord. No. 839 § 4]
a.
Application for license shall be made out in duplicate, one copy
being referred to the Chief of Police and the other copy to the Borough
Council; and
b.
The Chief of Police or his designee shall investigate the location
wherein it is proposed to operate and maintain such billiard or pool
tables, and report thereon in writing to the Borough Council, who
shall approve or disapprove the application at a regular meeting.
Written notice of such meeting shall be mailed to the applicant five
days prior thereto.
[Ord. No. 839 § 5]
a.
The application for license shall state the number of tables which
will be used. Every applicant, before being granted a license, shall
pay the following annual license fee:
|
First table — $50
|
|
Each additional table — $25
|
b.
Each license shall expire on December 31 of the year in which the
license is issued. No license shall be issued for any portion of a
year at a lesser rate than that for the full year.
[Ord. No. 839 § 6]
a.
This section shall not apply to a pool or billiard table in a private
residence used solely by the occupants of the house and their guests.
b.
This section shall not apply to bona fide social club, golf club,
field club, religious, charitable, benevolent, fraternal or other
nonprofit organization having a membership in excess of 25 which has
pool or billiard tables solely for the recreation and amusement of
its members, provided that the organization files with the Borough
Clerk on a form provided by him a claim for exemption and a statement
of the facts upon which the claim is based.
c.
Any facility licensed pursuant to alcoholic beverage laws.
[Ord. No. 839 § 7; Ord. No. 956 § 1]
The following regulations shall apply to all licensed pool and
billiard parlors:
a.
No license shall be issued to any applicant unless he shall be over
21 years of age and a citizen of the United States.
b.
Posting of License. The license shall be posted permanently and conspicuously
in the premises wherein the billiard or pool tables are to be operated
or maintained.
c.
Hours of Operation. The hours of operation of pool and billiard parlors
shall be between the hours of 10:00 a.m. and 2:00 a.m.
d.
Minors. No operator shall permit any minor under the age of 16 years
unaccompanied by a parent or guardian to remain on the premises after
10:00 p.m.
e.
Card Playing. No card playing shall be permitted on premises licensed
under this section even if card playing is for social purposes.
f.
Attendants. The licensee shall provide one qualified attendant on
duty at all times during the hours the billiard or pool room is open
to the public, who shall supervise the premises to see that order
is maintained, that disorderly or immoral conduct is prevented, that
such room is kept free from congestion and that this section and all
other governing ordinances, rule and regulations pertaining to billiard
or pool rooms and tables are observed.
g.
Outside View of Premises. All premises where pool and billiards are
played shall be so arranged and so lighted that a full view of the
interior may be had from an adjacent public thoroughfare or from adjacent
rooms to which the public is admitted at all hours.
[Ord. No. 839 § 8]
a.
If the licensee shall move his place of business to another location within the Borough, the license may be transferred to such new location upon application to the Borough Council, giving the street and number of the new location. The new location shall be approved or disapproved in the same manner as provided in subsection 4-17.4.
[Ord. No. 839 § 9]
Every license issued under this section is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation or play on
any billiard or pool table contrary to the provisions of this section
or the laws of the State of New Jersey. The license may be revoked
by the Borough Council if, after a public hearing, the licensee is
found to have violated the provisions of this section or the laws
of the State of New Jersey. Ten days' written notice of the hearing,
setting forth the alleged violations, shall be mailed to the licensee.
At the hearing, the licensee and/or his attorney may be present and
submit evidence in his defense.
[Ord. No. 723 § 1]
As used in this section:
Shall mean any structure whose principal purpose is the storage
of merchandise or commodities for ultimate transportation to a separate
location for sale or other disposition.
Shall mean the retail sale of any goods or commodities from
any warehouse to the public for the purpose of reducing inventory
or the sale of seasonal stock.
[Ord. No. 723 § 2]
It shall be unlawful to conduct a warehouse sale as defined in subsection 4-26.1 without first obtaining a permit as provided in this section. Any warehouse shall be permitted to conduct a warehouse sale at its location not more frequently than four times during the calendar year upon compliance with the provisions of this section.
[Ord. No. 723 § 3]
Prior to the conducting of any warehouse sale the owner of any
property on which such warehouse is located and from which such sale
is to be conducted shall make application to the Code Enforcement
Officer for authorization to conduct such sale. Such application shall
be made not less than 10 business days in advance of the date scheduled
for sale.
[Ord. No. 723 § 4]
Such application shall include the following:
a.
A sketch depicting the subject premises and all parking facilities
designated for parking by the public as well as employees of the applicant.
b.
A detailed statement setting forth the method by which applicant
shall provide for safe and adequate traffic controls during such sale.
c.
A detailed statement setting forth the method by which applicant
shall provide suitable public accommodations, including but not limited
to, sanitary facilities.
d.
A detailed statement setting forth the method by which applicant
will comply with all applicable provisions of the Uniform Fire Safety
Code.
e.
All applications shall be accompanied by a permit application fee
in the amount of $500 the initial application in any calendar. There
shall be no additional fees from an applicant for subsequent applications
in any calendar year provided such subsequent applications are accompanied
by a certification of the applicant certifying that there has been
no substantial change to the structure or premises from that described
in the initial application. In the absence of such certification each
subsequent application in any calendar year shall be accompanied by
the aforesaid $500 fee.
[Ord. No. 723 § 5]
Upon the receipt of a complete application the Code Enforcement
Officer shall review such application within 10 business days and
shall approve same if he shall determine that the sale meets the requirements
of this section and that adequate provision has been made for public
health, safety, and welfare including, but not limited to, adequate
provisions for traffic control, sanitary facilities and fire protection.
In reviewing said application the Code Enforcement Officer may solicit
the review of the application by other municipal officials including
but not limited to the Fire Subcode Official, Borough Engineer and
Health officer.
[Ord. No. 723 § 6]
The warehouse sale shall not be conducted on any day other than
Friday, Saturday or Sunday nor earlier than the hour of 9:00 a.m.
nor later than the hour of 9:00 p.m. on Friday or Saturday and not
earlier than the hour of 12:00 noon nor later than the hour of 5:00
p.m. on Sunday. Additionally no warehouse sale shall be conducted
outdoors. Any permit shall be subject to such other conditions or
limitations as the Code Enforcement Officer may deem necessary or
appropriate to effectuate the provisions of this section.
[Ord. No. 03-1152 § 1; Ord. No. 06-1245 § I]
a.
No person shall operate a taxi indicating that it has been licensed
by the Borough of Milltown unless both the owner and the driver of
the taxi are licensed under this section. However, a Milltown license
shall not be required of either the taxi owner or driver if the taxi
is licensed by some other municipality.
b.
There shall be established two classes of taxi licenses, to be known
as a "taxi driver's license" and a "taxi owner's license" respectively.
c.
A Taxi Owner's License shall be issued for a specific vehicle, and
each owner is required to have a license for each taxi operating in
the Borough.
d.
On an annual basis there shall be issued no more than three taxi
owners licenses.
e.
Licenses shall be issued on a "first come first serve" basis.
[Ord. No. 03-1152 § 2]
a.
Every owner holding a Milltown "taxi owner's license" shall maintain
a fixed place of business within the Borough, which is approved by
the Borough Zoning Officer.
If the licensee intends to occupy space in a building at the
central place of business, the licensee must also secure a Certificate
of Use for Occupancy from the Zoning Officer.
While on duty, taxis licensed in Milltown may only park at the
central place of business. No taxi, regardless of where it is licensed,
shall be operated from a residential use.
b.
Every owner operating a taxi licensed by the Borough shall have a
telephone number that is a local or of no cost to all exchanges that
serve Milltown.
[Ord. No. 03-1152 § 3]
The application process for a "taxi owner's license" is as follows:
a.
A completed application shall contain all applicable information,
shall be accompanied by three passport size photographs of the applicant,
the required fee as required by the Mayor and Council and shall be
sworn to by oath or affirmation. If information on the vehicle is
unknown at the time the "taxi owner's license" is applied for, it
shall be submitted to the Borough Clerk's office prior to the issuance
of the license.
b.
Every applicant shall sign the necessary forms for the Police Department
to secure a Criminal History Record from the State Police and the
Federal Bureau of Investigation. If the applicant is a partnership
or corporation, each and every person with any ownership interest
in the company must sign the necessary forms authorizing the Police
Department to receive a Criminal History Record. The applicant shall
also submit the additional fee required to cover the cost of fingerprinting
and the SCIC/NCIC check for each person having an ownership interest.
An additional fee shall be required every three years to update the
criminal history record of the applicant.
c.
The Clerk shall forward the application to the Borough Zoning Officer
for written certification that all necessary zoning approvals have
been received by the applicant including but not limited to issuance
of a Certificate of Occupancy.
d.
Upon receipt of written approval from the Borough Zoning Officer,
the Clerk shall forward the application to the Chief of Police.
e.
The Chief of Police shall conduct an investigation into the applicant's
background.
f.
The Chief of Police shall issue a report to the Borough Council either
recommending approval or denial of the application within 10 days
of receipt of the background information requested from the State
Police and/or Federal Bureau of Investigation.
g.
The Borough Council shall either approve or deny the application
by resolution.
h.
Upon approval of the Borough Council, receipt of required insurance
and all relevant information on the vehicle to be licensed, the Borough
Clerk shall a "taxi owner's license" to the applicant. Prior to the
award of the license the Police Department shall inspect each car
to confirm if it has a valid N.J. Motor Vehicle inspection sticker
and that it is safe, sanitary and fit for use as a taxi.
[Ord. No. 03-1152 § 4]
The application process for a Taxi Driver's License are as follows:
a.
Applications shall be available in the Borough Clerk's Office and
shall be designated to elicit information relevant to the health,
the driving record and the law-abiding habits of the applicant.
b.
A completed application shall contain all applicable information, shall be accompanied by three passport size photographs of the applicant, the required fee in accordance with subsection 4-36.3 herein and shall be sworn to by oath or affirmation.
c.
If the application is the applicant's first application for a "taxi
driver's license," then the applicant shall also sign the necessary
forms for the Chief of Police to secure a Criminal History Record
from the State Police and the Federal Bureau of Investigation. The
applicant shall also submit the additional fee required to cover the
cost of fingerprinted and the SCIC/NCIC check. If the applicant has
already been fingerprinted as part of a prior application an additional
fee shall be required every three years in order to update the Criminal
History Record.
d.
The Clerk shall forward the application to the Chief of Police.
e.
The Chief of Police shall conduct an investigation into the applicant's
background.
f.
The Chief of Police shall either approve, deny or conditionally approve
of the application within 60 days of receipt of a completed application
by the Borough Clerk. A conditional approval can be issued for a period
of up to 60 days, if receipt of a Criminal History Record is holding
up issuance of approval. Upon receipt of the Criminal History Record,
a conditionally approved license shall either be approved or denied.
[Ord. No. 03-1152 § 5]
a.
Reasons for Denial of a Taxi Owner's Application. The Chief of Police
may recommend denial of an application if the applicant has been convicted
of a crime that raises serious questions about the applicant's moral
character.
b.
Requirements for a "Taxi Driver's License." No license shall be issued
unless the applicant meets the following requirements:
1.
The applicant must be at least 21 years of age.
2.
The applicant must have a valid driver's license issued by the State
of New Jersey.
3.
The applicant must have submitted along with the application a Physician's
Certification Form available from the Borough Clerk's office, certifying
that the applicant has been examined and has no known affliction that
might render him/her unfit for the safe operation of a taxi and that
the applicant's eyesight is corrected to 20/20 with glasses. The Physician's
Certification Form shall be dated no more than 60 days prior to the
date of application submission.
4.
The applicant must not have been convicted of driving a motor vehicle
while under the influence of alcohol or narcotics within five years
prior to the date of application submission.
c.
Reasons for Denial of a Taxi Driver's Application. Reasons for the
Chief of Police to recommend denial of an application for a Taxi Driver's
License include, but shall not be limited to, the following:
1.
The applicant does not comply with the requirement for issuance of
a Taxi Driver's License as delineated in paragraph b.
2.
The applicant has been convicted of a crime that raises serious questions
about the applicant's moral character.
3.
The applicant has been convicted of three or more moving violations
within two years prior to the filing of the application.
4.
The applicant has been convicted of driving under the influence of
alcohol or narcotics within five years prior to the filing of the
application.
5.
The applicant has been deemed unfit to drive a taxi for just cause
by the Chief of Police.
[Ord. No. 03-1152 § 6]
a.
Taxi Owner's License.
1.
A taxi owner's license issued under the provisions of this section
may be revoked or suspended by the Borough Council if the licensee
has:
(a)
Failed to provide taxi service under the license utilizing drivers
holding a valid "taxi driver's licenses," within 120 days of issuance
or within six months after approval by the Borough Council of the
application, whichever comes first, unless such failure was caused
by the unavailability of drivers holding valid "taxi driver's licenses,"
in which case the licensee shall be permitted one sixty-day extension
of the 120-day period in which to provide taxi services under the
license utilizing drivers holding valid "taxi driver's licenses."
The sixty-day extension shall not extend the six month period.
(b)
Allowed the license to remain inactive for more than 90 days,
once operational, without providing written notification to the Borough
Clerk detailing the reason that taxi service cannot be provided. For
good cause shown, the Borough Council may extend the period of license
inactivity to a period greater than 30 days.
(c)
Made a false statement of any material fact in the application
or any record to be maintained. Failed to maintain or keep in force
the insurance policy and power of attorney required.
(d)
Violated any of the provisions of this section regarding safety,
hours, service or operation of taxis.
(e)
Committed any other act which, in the opinion of the Borough
Council renders such person unfit to hold such license.
(f)
Failed to maintain an approved central place of business.
2.
Prior to the revocation or suspension of a "taxi owner's license"
by the Borough Council, the licensee shall be given notice of the
proposed action to be taken and the reasons therefor, and such licensee
shall have the opportunity for a hearing before the Borough Council.
In the event, a licensee does not request a hearing within 10 days
of receipt of the notice, the license shall be revoked or suspended
in conformance with the notice.
3.
In the event that the Chief of Police believes that the health, safety
or welfare of passengers would be endangered if a license is not immediately
suspended or revoked, the Chief of Police is authorized to immediately
suspend or revoke a license prior to the licensee having an opportunity
for a hearing with Borough Council. In such cases of immediate suspension
or revocation, the licensee shall be entitled to a hearing before
the Borough Council within 30 days of the Chief of Police's notification
of the suspension or revocation.
b.
Taxi Driver's License.
1.
A "taxi driver's license" issued under the provisions of this section
may be revoked or suspended by the Borough Council if the licensee
has:
(a)
Make a false statement of any material fact in the application
or any record required to be maintained.
(b)
Violated any of the provisions of this chapter regarding safety,
hours, service or operation of taxis.
(c)
Committed any other act which, in the opinion of the Borough
Council, renders such person unfit to hold a license.
2.
Prior to the revocation or suspension of "taxi driver's license,"
the licensee shall be given notice of the proposed action to be taken
and the reasons therefor, and such licensee shall have the opportunity
for a hearing before the Borough Council.
3.
In the event that the Chief of Police believes that the health, safety
or welfare of passengers would be endangered if a license is not immediately
suspended or revoked, the Chief of Police is authorized to immediately
suspend or revoke a license prior to the licensee having an opportunity
for a hearing with the Borough Council. In such cases of immediate
suspension or revocation, the licensee shall be entitled to a hearing
before the Borough Council within 30 days of the Chief of Police's
notification of the suspension or revocation.
[Ord. No. 03-1152 § 7]
a.
Taxi Owner's License. Each application for the issuance of a "taxi
owner's license" shall be accompanied by an application fee of $250
for each calendar year or portion of a year for which the license
is issued. Such fee shall not be prorated, nor shall any portion of
this fee be refunded for any reason.
b.
Taxi Driver's License. Each application for the issuance of a "taxi
driver's license" shall be accompanied by an application fee of $75
for each calendar year or portion of a year for which the license
is issued. Such fee shall not be prorated nor shall any portion of
the fee be refunded for any reason.
[Ord. No. 03-1152 § 8]
a.
The transfer of a "taxi owner's license" is specifically prohibited.
b.
A "taxi owner's license" shall not be assigned, mortgaged, pledged
or otherwise transferred to secure a debt, loan or other financing
transaction.
c.
The vehicle described on a "taxi owner's license" may be substituted
or replaced by another vehicle only after written permission therefore
is received by the Borough Clerk. The Borough Clerk shall not grant
such permission until the existing "taxi owner's license" application
is amended to include relevant information on the substituted vehicle.
d.
Change in ownership or title to any taxi licensed under this chapter
shall automatically revoke and void the license for the taxi. Any
person who acquired ownership or title to a licensed taxi shall, in
order to operate such taxi, apply for a new "taxi owner's license."
e.
A "taxi driver's license" is not transferable under any circumstances.
f.
A "taxi owner's license" and "taxi driver's license" are both personal
in nature and are not transferable under any circumstances.
[Ord. 726; Ord. No. 03-1152 § 9; Ord. No. 04-1191 § 1]
No license shall be issued by the Borough Clerk until the owner
of the "taxi owner's license" shall have filed with the Borough Clerk
a bodily injury and property damage combined single limit liability
insurance policy of a company duly licensed to transact business under
the insurance laws of New Jersey in the sum of not less than $100,000.
This insurance shall be a blanket insurance covering all taxis operated
by the owner which have been issued a Milltown Taxi Owner's License,
and shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance or use of every
taxi owned by the licensee which is licensed by the Borough or any
fault in respect thereto and shall be for the benefit of every person
suffering loss, damage or injury as aforesaid.
The insurance policy shall specifically state that the owner
is insured for doing business in the Borough of Milltown.
[Ord. No. 03-1152 § 10]
a.
All licenses issued pursuant to the provisions of this section shall
expire at 12:00 midnight on December 31 of the year in which it was
issued, unless this license is surrendered, suspended or revoked on
a sooner date.
b.
Applications for renewal shall be accepted beginning October 1 of
each year and shall be filed no later than November 15 of each calendar
year so as to provide ample opportunity for the processing and issuance
of the license. However, if an application for renewal is not filed
by November 15 at the latest, the license applied for may not be ready
for issuance before the end of the calendar year, resulting in the
applicant not being able to operate or drive a taxi until such renewal
license is issued.
[Ord. No. 03-1152 § 11]
a.
Display of Licenses Required. All "taxi owner's licenses" and "taxi
driver's licenses" shall be adequately protected and prominently displayed
in the interior of all taxi's licensed by the Borough. Such licenses
shall be displayed so that the faces of the licenses are in full view
and plainly legible to any passenger seated in the rear seat of the
taxi. The license shall at all times remain the property of the Borough
and, at the direction of the Borough Council or Chief of Police shall
be surrendered to the Borough Clerk. Permitted fares shall also be
displayed in the same manner.
b.
Issuance of Taxi Owner's License.
1.
Upon approval of the Borough Council, and submission to the Borough
Clerk's office of the required insurance, power of attorney and identification
information on the vehicle to be licensed, the Borough Clerk shall
issue a "taxi owner's license" for a specific vehicle.
2.
The "taxi owner's license" shall state the following:
(a)
The taxi owner's name, address and business telephone number.
(b)
The number of the "taxi owner's license" issued for the vehicle.
(c)
The make, model, year, license plate number and vehicle identification
number of the licensed vehicle.
(d)
The maximum permitted occupancy of the taxi.
(e)
A statement indicating that passengers may call the Borough
Code Enforcement Office with complaints.
[Ord. No. 03-1152 § 12]
Any owner or driver who violates or permits, aids or abets the violation of any provision of this section shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Section 1-5. In addition to the maximum penalty provided in this subsection any "taxi owner's license" or ""taxi driver's license" may be suspended or revoked as provided in this section. The continuation of a violation on each successive day shall constitute a separate offense.
[Ord. No. 726 § 1]
As used in this chapter:
Shall mean driving an unengaged wrecker to and from along
a public street in any fashion calculated for the obvious purpose
of soliciting business along the public highway.
Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying and removing any
and all kinds of vehicles, which are unable to be and actually are
not operated under their own power, from the place where they are
disabled to some other place.
[Ord. No. 726 § 2; Ord. No. 07-1257]
a.
There shall be issued a total of no more than a total of five licensed
on an annual basis. Licenses shall be issued on a first come, first
call basis.
b.
No person operating a wrecker classified for towing on the rotating call list, pursuant to subsection 4-38.15, shall operate a wrecker within the Borough nor engage in the business of operating or offer the services of a wrecker within the Borough without first obtaining the necessary licenses as hereinafter provided from the Borough Clerk or the Chief of Police. Every vehicle operated as a wrecker and listed on the rotating call list shall have its own separate license, even though it is owned or operated by a person having other validly licensed wreckers.
[Ord. No. 726 § 2]
All licenses issued under this section shall expire on the last
day of December next succeeding the date of issuance.
[Ord. No. 726 § 2]
Application for licenses issued under this section shall be
made upon forms prepared and made available by the Chief of Police.
The application shall state the following information:
a.
The location, description and hourly availability of the wreckers
owned or operated by the applicant.
b.
That the applicant has available space for properly accommodating
and protecting all disabled motor vehicles to be towed or otherwise
removed from the place where they are disabled, and that the disabled
vehicle will not be stored or allowed to remain on public property
or any street or property in the Borough which is not zoned for such
storage. Such storage shall be either within a building or fenced
area with a minimum height of six feet. Storage area shall be located
within three miles of the Borough.
c.
A description of the vehicle for which the license is desired, including
year, make, model, type, serial number of body and motor capacity,
length of time the vehicle has been in use, the proposed rates to
be charged if different from those set forth in this section and any
other information which the Chief of Police shall deem necessary or
proper to effectuate the purpose of this section and to determine
whether the terms of this section have been complied with. The application
shall have affixed thereto an affidavit to be sworn to by the applicant
that all of the information given in the application is true and correct.
[Ord. No. 726 § 3; Ord. No. 850 § 1]
a.
Within seven days after receipt of an application as provided for
herein, the Chief of Police shall cause an inspection of the vehicle
or vehicles to be licensed. The Chief of Police shall delegate the
inspection of the vehicles to an independent person, not engaged in
business in the Borough, who shall be qualified by experience and
training to make such inspection, and two appointed representatives
of the Wreckers Association, and who shall report to the Chief of
Police whether the wrecker is in a thoroughly safe and sanitary condition
and complies with the requirements and standards of this section,
as given herein.
b.
Upon completion of the investigation and inspection, the Chief of Police shall forward a report of his findings and a proposed classification of the applicant as either light-duty, heavy-duty or not qualified for the call list in accordance with the standards set forth in subsection 4-38.6. The Borough Clerk shall either approve or refuse to approve the application and shall inform the applicant of his/her decision.
c.
If the application is approved, the applicant shall supply the Chief
of Police with the insurance policies or certificates, the Chief of
Police shall make appropriate notations on the application and shall
notify the Borough Clerk that the application has been approved and
shall forward the policies or certificates to the Borough Clerk and
shall designate the wrecker as light-duty, heavy-duty or not qualified
for call list.
[Ord. No. 726 § 4; Ord. No. 850 § II]
The Borough Clerk shall approve and classify an application
when he finds that the following requirements have been met by the
applicant:
a.
That the public convenience and necessity will be served by the use
of the vehicle or vehicles for which application has been made.
b.
That the insurance policies, as required, have been procured and
supplied.
c.
That the applicant and proposed operators are qualified to operate
the wrecker and conduct a wrecker service in the Borough.
d.
That the requirements of this section and all other laws, statutes
and ordinances have been met, including zoning ordinances.
e.
No vehicle shall be licensed as a wrecker which is using dealer license
plates or which has failed State inspection.
f.
That the wrecker to be licensed, on inspection, meets with the required
minimum standards for the class to which it has been assigned. The
following shall serve as a minimum guide for standards:
1.
Light-duty. A light-duty wrecker shall be able to handle all makes
of passenger cards and small trucks, such as pickup and small panel
trucks up to 1 1/2 tons, and must have or be equipped with the
following:
(a)
Dual rear wheels, or equivalent.
(b)
The garage from which it originates must be equipped with a
portable wheel dolly.
(c)
A power take-off controlled winch with a minimum cable thickness
of three-eighths inch, or equivalent.
(d)
It must have comparable weight equal to the vehicles to be towed,
with a minimum of 5,500 pounds.
(e)
A three-eighth inch safety chain. The lift chain and the safety
chain are not to be attached in any form or manner to the same part
of the wrecker.
(f)
Two double-faced rear flashing amber lights mounted in accordance
with State requirements.
(g)
A 360° rotating amber beacon light mounted over the cab.
(h)
All lights shall be of such candle power in intensity as to
be visible one-fourth of a mile away, or must be equal to the candle
power of the lights on Borough Police vehicles.
2.
Heavy-duty. All wreckers classified as heavy duty must have or be
equipped with the following:
(a)
Dual rear wheels.
(b)
Manufacturer rating gross vehicle weight of 10,000 pounds. Manufacturer
rating may be obtained from the factory where the truck originates.
Other written evidence of gross vehicle weight may be accepted by
the Borough Clerk, if verified.
(c)
Power take-off controlled winch with a minimum cable thickness
of five-eights of an inch.
(d)
Four double-faced rear flashing amber lights mounted in accordance
with State requirements.
(e)
A 360° rotating amber beacon light mounted over the cab.
(f)
All lights shall be of such candle power in intensity as to
be visible one-fourth of a mile away, or must be equal to the candle
power of the lights on police vehicles.
(g)
One-half inch safety chain. The lift chain and safety chain
are not to be attached in any form or manner on the same part of the
wrecker.
(h)
Air brakes.
(i)
Connecting air lines for connection with the air compressor
and air brake lines of the towed vehicle.
(j)
Detachable amber flashing bar lights or magnetic tail lights
to be attached to the rear of the towed vehicle.
3.
Licensed but not qualified for call list. Vehicles in this class
need not have the equipment or items required under the classification
of light-duty, but shall have sufficient equipment to tow passenger
cars for short distances with safety, and shall be equipped with the
following:
[Ord. No. 726 § 5; Ord. No. 850 § III]
Upon receipt of notice by the Borough Clerk that an application
has been approved and classified and upon receipt of payment from
the applicant of a license fee of $75 for each license with one wrecker
and an additional fee of $20 for each additional wrecker to be licensed,
the Clerk shall issue a license indicating whether the license is
for light duty or heavy duty.
[Ord. No. 726 § 6; Ord. No. 850 § IV; Ord. No. 2015-1413]
a.
Required. No licensed wrecker shall be called by the Police Department,
nor shall any owner, or lessee be listed on the call list or utilize
any wrecker on the call list, unless and until the vehicles have been
licensed either light- or heavy-duty and, further, not unless or until
there have been receipt by the Borough Clerk the following insurance
policies or certificates of insurance, specifically naming the Borough
as an insured party:
1.
Garage Keeper's Policy. A garage keeper's legal liability policy
covering fire, theft, and explosion in the minimum amount of $100,000
and collision coverage, subject to $250 deductible, with each accident
deemed a separate claim.
2.
Garage Liability Policy. A garage liability policy covering the operation
of the licensee's equipment or vehicles for any bodily injury or property
damage. This policy will be an amount not less than $1,000,000.
b.
Notice of Change in Policy. Each policy required herein must contain
an endorsement providing 10 days' notice to the Borough in the event
of a material change or cancellation for any cause.
c.
In the event that the policy is changed so as to fail to conform
with the above requirements or if any policy on any licensed wrecker
is cancelled for any reason, the Chief of Police shall notify the
person responsible for the policy, and it shall be corrected or reinstated
or replaced with a conforming policy within 10 days after the notice
is received and before the date of cancellation. If the policy or
certificate is not corrected, reinstated or replaced within the required
time, the Chief of Police shall immediately suspend the wrecker's
license and shall pick up from the owner all indicia of licensing,
including any stickers, cards, medallions or other means of identification.
[Ord. No. 726 § 7; Ord. No. 850 § V]
The Borough Clerk shall issue to the person owning a licensed
wrecker a card, not less than four inches in width nor more than six
inches, in such form as may be set by the Borough Clerk, which shall
be at all times displayed on the right front windshield of each wrecker.
The card shall bear the name of the applicant, official license number
of the wrecker, the rate of fares and conditions of employment under
which the wrecker is operating and a notice that, in case of any complaint,
the complainant may notify the Borough Clerk, giving the license number
of the wrecker. The card shall also have the signature of the Borough
Clerk and the date of inspection of the wrecker, together with blank
spaces upon which any entry shall be made of the date of every inspection
of the wrecker by the inspector. In lieu of the card, a metal plate
to be furnished by the owner, or other permanent marking, giving the
same information, may be affixed in a prominent place on the wrecker.
[Ord. No. 726 § 8; Ord. No. 850 § VI]
a.
The Borough Clerk is hereby authorized to establish reasonable rules
and regulations for the inspection and operation of wreckers and for
the design, construction, maintenance and condition of fitness for
the safety conduct of a wrecker service business, in accordance with
the standards outlined in this section. The Chief of Police shall
maintain due diligence over all wreckers to see that they are kept
in a safe condition for transporting and hauling disabled vehicles
and shall have the right at all times to inspect all licensed wreckers
and shall maintain a record, in writing, of the report of all inspections.
If, at any time, the Chief of Police shall find the equipment inadequate
or unsafe, he shall have the power to demand immediate correction
and, if not corrected to the full satisfaction of the Chief, he shall
forward a report of his finding to the Borough Clerk who shall have
the power to revoke or suspend the license after a hearing upon the
nature and circumstances of the violation. The Borough Clerk is also
hereby authorized and empowered to establish from time to time such
additional rules and regulations not inconsistent herewith as may
be reasonable and necessary in carrying out the provisions of this
section.
b.
A license may be revoked by the Borough Clerk for cause, including,
but not limited to:
c.
An operator whose license is revoked by the Borough Clerk may petition
the Borough Council for a hearing on the revocation. If the operator
petitions the Council for hearing, the Council will hear the matter
at a regularly scheduled meeting of the Council. The Council may uphold
the revocation, or may reinstate the license conditionally or unconditionally.
[Ord. No. 726 § 9; Ord. No. 850 § VII]
The Borough Clerk shall keep a record of the names of all persons
owning or operating wreckers licensed under this section, together
with the license number and description of the wreckers and the date
and complete record of inspection made of them.
[Ord. No. 726 § 10; Ord. No. 761; Ord. No.
850 § VIII; Ord. No. 06-1234 § 1; Ord. No. 10-1312; Ord. No. 2015-1413]
a.
Charges for transportation, hauling or service of, disabled vehicles by a licensed wrecker or operator of any licensed wrecker shall not exceed the following rates, the charges set forth herein are limited to those situations where wreckers are performing towing service for the Borough or called by a Police Officer on a rotating basis pursuant to subsection 4-38.15 hereof.
1.
For service calls within the Borough, to be charged exclusive of
gasoline, work necessary to be performed on a vehicle or other items
or services: $75.
2.
For conveying any disabled passenger automobiles from any point in
the Borough to any other point in the Borough, or to an operator's
yard, during the day which shall be defined as the hours 6:00 a.m.
and 6:00 p.m., a flat rate of $100 and during the nights which shall
be defined as 6:00 p.m. to 6:00 a.m. a flat rate of $125. Station
wagons, pickup trucks and panel trucks up to 1 1/2 tons shall
be considered the same as passenger automobiles for the purpose of
determining rates.
3.
For conveying any disabled truck or omnibus over 10,000 pounds up
to 25,000 pounds, from any point in the Borough at any time of the
day or night; a flat rate of $175; 25,001 pounds to 55,000 pounds
$300; 55,001 to 80,000 pounds $450.
4.
For conveying vehicles from a point within the Borough to a point
outside the Borough or from a point outside the Borough to a point
inside the Borough, the rate shall be determined by the wrecker operator
and the owner of the vehicle, if available, otherwise it shall be
the usual and customary rates charged for such service by wreckers
operating in Middlesex County.
5.
For every day of dead storage for passenger automobiles, trucks and
omnibuses less than 10,000 pounds — $40 per day for outside
storage, $60 per day for inside storage. For every day of dead storage
for trucks and omnibuses over 10,000 pounds — $60 per day. For
the purpose hereof, a day shall be a twenty-four-hour period commencing
from the time of the tow and terminating 24 hours thereafter.
6.
Waiting time for light-duty and heavy-duty: a flat rate fee of $50
per hour. Waiting time charges shall not begin until 1/2 hour after
the time of arrival of the wrecker at the scene and shall be prorated
into quarter hours.
7.
For recovery service, there shall be an extra charge to be determined
by mutual consent of the wrecker operator and the vehicle owner if
the owner is available otherwise it shall be at the usual and customary
rates charged for such services by wreckers operating in Middlesex
County.
8.
There shall be a charge of $45 required to cleanup the scene from
which the tow was initiated. The scene cleanup shall include, but
not be limited to, cleanup of glass, accident debris and absorption
of petroleum or other vehicle fluids in such a way as to allow the
scene to be safe for operation of motor vehicles.
9.
There shall be an administration service charge of $25 for each transportation,
hauling or service of a disabled vehicle or a vehicle taken into custody
by the Police Department or other Borough agency. This fee is to be
billed and received by the wrecker operator and submitted monthly
to the Borough of Milltown. Failure of the licensed wrecker to submit
the administration fees within 60 days of the tow will result in an
automatic suspension from the rotating call list until said fees are
paid. A third suspension for this violation within one calendar year
will result in removal from the rotating call list for the balance
of the year.
b.
Every operator of a wrecker shall give the owner of the vehicle a
written receipt for the fee paid, when requested. All disputes as
to fares shall be determined by the Officer in charge, if one is present,
and a report of the dispute shall be made by the Officer to the Chief
of Police.
[Ord. No. 726 § 11]
A wrecker license hereunder shall be issued subject to the following
conditions:
a.
No person owning or operating a wrecker, while waiting for employment,
shall stand at any public street or intersection or on any public
or private property, other than his own, without first obtaining the
consent of a police officer or the owner of the property.
b.
No person shall seek employment by repeatedly and persistently driving
his wrecker to and fro in a short space in front of any disabled vehicle
or by otherwise interfering with the proper and orderly progress of
traffic along the public highways.
c.
No person owning or operating a wrecker licensed under this section
shall engage in cruising.
d.
No person owning or operating a wrecker licensed under this section
shall permit or invite loitering within or near his wrecker.
e.
No person shall solicit or attempt to divert prospective patrons
of a garage to another garage.
f.
No person shall solicit, demand or receive from any person any charge
except the proper charge in accordance with this section.
g.
No person shall intercept police calls by shortwave radio or obtain
information as to the location of the scene of an accident or disabled
vehicle by means of interception of police radio calls.
h.
No person shall pay any gratuity, tip or emolument to any third person
not involved in the accident, or to any police officer, for any information
as to the location of any accident or for soliciting the employment
of the licensee's services, nor give any gratuities, fees or other
compensation or gifts to any member of the Police Department.
i.
Any wrecker service summoned either by police or owner request shall
be required to respond on scene within 20 minutes.
[Ord. No. 726 § 12; Ord. No. 850 § IX]
Every person owning a licensed wrecker shall keep a record of
all details of each disabled vehicle towed, serviced or transported,
together with full information and the name of the owner of the towed
vehicle and of the person engaging him. Immediately after towing or
hauling a vehicle to his garage, where the vehicle is left at the
safekeeping of the owner of the wrecker, the owner of the wrecker
shall search the vehicle and make an inventory of all property contained
in the vehicle and mail a copy of the inventory to the Borough Clerk
indicating the date of towing the name and address of the owner of
the disabled vehicle. The record book herein described shall be kept
open for inspection at all times by the Borough Clerk or any duly
authorized representative of the Borough Clerk.
[Ord. No. 726 § 13; Ord. No. 850 § X]
a.
Unless a specific towing or wrecking service is requested by the
licensee of the disabled motor vehicle, all requests for towing or
wrecking service made by the Police Department shall be by rotation.
When, however, the licensee of the disabled motor vehicle indicates
a choice of a specific wrecker owner, that wrecker owner should be
called, and no wrecker shall be assigned from the rotating list.
b.
The rotation system shall be conducted in the following manner:
1.
The Borough Clerk shall compile a list of all owners, lessees, or
bailees as provided in this section.
2.
The original and annual public reporting of the current list of designated
towing contractors containing the company name, address, telephone
number and maximum towing fees shall be printed and circulated in
the municipality or County as appropriate. The annual reporting of
the list shall be available for inspection by any member of the general
public upon request and during regular business hours.
3.
Each owner, lessee or bailee of a wrecker licensed hereunder shall
be placed on an initial call list, for light-duty or heavy-duty, or
both if heavy-duty, based upon the date on which the license is issued
and upon the classification of the wrecker. Where an owner, lessee
or bailee shall own or lease more than one wrecker classified for
light-duty, the owner's, lessee's or bailee's name shall appear but
once on the call list.
4.
Whenever the Police Department or any other department summons a
wrecker, the owner, lessee or bailee at the beginning of the list
will be called. After such owner, lessee or bailee has been called,
that owner, lessee or bailee shall be placed at the end of such list,
whether or not said owner, lessee or bailee responds to the call.
Thereafter the next licensee shall be called until the rotation is
completed.
c.
Additional rules and regulations regarding the rotation of wreckers
as may be promulgated hereunder by Borough Clerk shall take effect
immediately after service of a copy thereof to all holders of licenses
for wreckers in the Borough, which may be made by addressing same
to the licensees by mail at their last known addresses. If, pursuant
to the rules and regulations for rotation of wreckers adopted under
this section, the Police Department summons a wrecker to the scene
of an accident for the purpose of removing a vehicle and the owner
of the disabled vehicle declines to use the services of the wrecker
summoned and indicates that he prefers to have the vehicle handled
by another wrecker the officer in charge shall authorize the summoned
wrecker to go to the garage designated by the owner of the disabled
vehicle. In any event, the summoned wrecker shall be entitled to collect
towing charges from either the owner of the disabled vehicle or the
owner of the garage to which the vehicle is towed at the discretion
of its owner.
d.
In establishing a rotation system of assignment of wreckers, a separate
list shall be set up limited to heavy-duty wreckers, and the assignment
of a heavy-duty wrecker to tow a disabled truck shall be in addition
to and not in limitation of the rights of the heavy-duty wrecker owners
to participate on a rotating basis on the light-duty call list.
[Ord. No. 726 § 14]
Nothing in this section shall apply to persons who pick up disabled
cars outside the Borough and are in the course of taking the vehicles
to a garage either within or without the Borough. This section shall
not apply to persons whose principal place of business as a wrecker
is outside the Borough under verifiable authorization from any person
engaged in the trucking or transportation business or in the operation
of fleets of vehicles.
[Ord. No. 726 § 15]
Payment shall be in a manner that is customarily accepted by
the operator of the wrecker in his business. "Cash Only" shall only
be permitted if a wrecker operator's business is customarily operated
on that basis.
[Ord. No. 726 § 16; Ord. No. 08-1283]
[Ord. No. 726 § 17]
Nothing in this section shall abrogate or in any way diminish
the rights of the vehicle owner to make his own selection of a wrecker,
except where the vehicle presents a real and immediate hazard to the
public safety.
[Added 8-12-2019 by Ord. No. 19-1475]
a.
The Borough
of Milltown shall hold public auctions of towed and stored motor vehicles
that have been deemed abandoned pursuant to the terms and regulations
set forth in N.J.S.A. 39:10A-1 at least three times in a given calendar
year.
b.
Prior
to the time of any public auction, operators of facilities storing
towed vehicles shall allow the public to inspect the vehicles to be
sold at such public auction. Any operators of a facility storing towed
vehicles who take any actions to impede, delay, defer, prohibit or
interfere with the inspection of such vehicles for public auction
shall be subject to the penalties provided in § 4-3820d
hereinbelow.
c.
Operators
of facilities storing towed vehicles shall cooperate and comply with
all noticing provisions promulgated by N.J.S.A. 39:10A-1 as follows:
1.
When
the Borough shall have noticed the owner of a towed vehicle, after
verification of the owner from the Chief Administrator of the Motor
Vehicle Commission, the Borough shall also notify the operator of
the facility storing the said abandoned motor vehicle, which notice
shall be given by telephone, mail, facsimile or electronic notification,
and such notice shall include the name and address of the owner of
record and the holder of any security interest in the stored motor
vehicle.
2.
Upon
receipt of such notice from the Borough, the operator of the facility
storing the abandoned vehicle shall provide notice to the owner of
record and to any security interest holder in the following manner:
(a)
The notice shall be by first-class mail, with a certificate of mailing,
and shall include a schedule of the costs imposed for storing the
motor vehicle and instructions explaining how the owner of record
or the security interest holder may claim the stored motor vehicle.
(b)
Storage fees.
(1)
Except as provided in § 4-38.20c2(b)(3) below, if the operator of a facility storing such abandoned motor vehicle fails to provide such notice to the owner of record and to the security interest holder within 30 days of the date on which the storer of the vehicle received the notice required from the Borough pursuant to N.J.S.A. 39:10A-1(4), the maximum amount that operator of a storage facility may charge the owner of record or the security interest holder for storing such motor vehicle shall be $750 for private towing, provided that the owner of record or security interest holder submits a proper claim for the vehicle not later than the 30th day following the date the notice is delivered from the Borough to the operator of a facility storing such motor vehicle.
(2)
Storage fees to be paid by the Borough for towing and storage of
vehicles undertaken at the request of the Police Department shall
commence at 12:01 a.m. on the day following the date of the tow as
follows:
(i)
A limit of $3 per day for the first 30 days of storage per vehicle.
(ii)
A limit of $2 per day for the 31st day of storage and any day
thereafter.
(iii)
A limit of $ 400 per vehicle stored regardless of the duration
of the storage, except that a waiver may be granted for good cause
by the Division of Local Government Services in the Department of
Community Affairs upon the request of the Borough.
(iv)
Should a vehicle be abandoned due to the death or incapacitation
of the driver or any passenger, the operator of a facility storing
such vehicle shall charge the owner of record or the security interest
holder no more than $100 for the first 72 hours after such vehicle
is placed on the premises.
(v)
If the owner of record or security interest holder fails to
submit a proper claim for the vehicle on or before that 30th day,
the operator of the facility storing such motor vehicle may charge
the security interest holder reasonable costs for the removal and
storage of the motor vehicle. If the notice is properly provided by
the person storing the motor vehicle, the operator of the storage
facility may charge the owner of record or the security interest holder
reasonable costs for the removal and storage of the motor vehicle
from the date the operator removed and stored the motor vehicle.
(vi)
The operator of the storage facility may assess the security
interest holder for the actual costs of providing the required notice.
(3)
The Borough will use its best efforts to assist in the disposal of
the abandoned vehicle within the time frames prescribed in NJ.S.A.
39:10A-1.
d.
Violations
and Penalties.
1.
Failure of the operators of facilities storing towed vehicles to comply with the provisions of this § 4-38.20, Public Auction of Abandoned Motor Vehicles; Vehicle Inspection, and of N.J.S.A. 39:10-1 et seq., or to take any actions to impede, delay, defer, prohibit or interfere with the inspection of vehicles for public auction, or with the public auction of abandoned vehicles by the Borough of Milltown, shall be deemed a violation of this § 4-38.20, and shall, upon conviction in the Municipal Court of the Borough, be subject to a fine not exceeding $2,000 or imprisonment or community service for a term not to exceed 90 days, or by both such fine and imprisonment or community service, in the discretion of the Municipal Court Judge.
[Ord. No. 08-1277 § I]
A storage unit or container or outdoor storage container, also
called PODS® (portable on demand storage)
and PCPSF (portable containerized property storage facility) are intended
to be utilized upon the exterior of residential premises for the purpose
of storing all types of items of personal and household property either
for pure storage or to facilitate the moving of persons from household
unit to house unit, with the understanding that such unit, after a
reasonable period of time for loading, will be moved to commercial
storage facilities.
[Ord. No. 08-1277 § II]
a.
Permits Required. A permit, issued by the Code Enforcement Official,
for the temporary placement of a storage container or unit shall be
required prior to the placement of said unit or container.
b.
Permit Duration. A permit issued for the temporary placement of a
storage unit or container shall expire 90 days from the date of issuance.
Only one permit shall be issued in each calendar year for each site
location, (except in a state of emergency declared by Federal, State
or municipal authorities).
c.
Permit Fee. The fee for a temporary storage unit permit shall be
$50.
[Ord. No. 08-1277 § III]
a.
The outdoor storage container situated on residential property shall
only be used for the storage of personal property, furniture and household
items normally located on or in a residential dwelling or premises.
b.
All outdoor storage containers shall: not have a height in excess
of seven feet nor a length of more than 10 feet nor a width of more
than eight feet and all doors shall be secured by locks.
c.
All outdoor storage containers, placed on residential properties
shall be located in the driveway area or directly adjacent to the
parking area.
d.
Temporary storage containers located within a business or commercial
zone will require a site plan approval granted by the Board retaining
jurisdiction over the site use, i.e.; approvals shall be granted by
the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
[Ord. No. 08-1277 § IV]
Any violation of these regulations shall be cause for revocation
of the temporary permit and said violator shall be subject to issuance
of a Municipal Court summons with fines of up to $1,000 per violation
per day.
[Added 5-9-2016 by Ord. No. 16-1424]
This chapter is for the purpose of regulating all games of chance
held, operated or conducted within the municipality pursuant to the
Acts of the Legislature of the State of New Jersey known as "Bingo
and Raffles Licensing Laws" and in accordance with the rules and regulations
issued or to be promulgated by the Legalized Games of Chance Control
Commission in the Department of Law and Public Safety of the State
of New Jersey. All applications, licenses and proceedings in connection
therewith shall be subject to the provisions of the Acts and the rules
and regulations and any laws, rules and regulations hereafter enacted
and shall be further subject to the provisions of this chapter.
No licensee shall be authorized to hold operate or conduct any
game of chance at the place where the game of chance is being conducted
under any license except between the hours of 12:00 a.m. and 2:00
a.m. the following day.
Games of chance commonly known as "bingo" or "raffles," as provided
by the laws of the State of New Jersey, may be conducted in the municipality,
on any day of the week, including the first day of the week, commonly
known and designated as "Sunday," provided that the applicant for
the license to conduct such game otherwise qualifies under the provisions
of the aforementioned laws of the State of New Jersey and the rules
and regulations of the Legalized Games of Chance Control Commission,
and specifically provided that the organization conducting the games
is a charitable, religious or other organization specifically qualifying
under the provisions of the aforementioned laws.
No license to conduct a game of chance as authorized by law
shall be issued to any organization not having applied for and obtained
a registration certificate reflecting the organizations' identification
from the Legalized Games of Chance Control Commission. Organizations
are subject to the qualifications outlined by statutes of the State
of New Jersey and the rules and regulations of the Legalized Games
of Chance Control Commission.
Pursuant to N.J.A.C. 13:474.1(a), an "issuing authority" reviews
and determines whether to approve or deny a bingo or raffle license
application. The issuing authority in Milltown shall be the Municipal
Clerk.
The issuing authority shall approve or deny all applications
for bingo or raffle licenses. Applications must be received a minimum
of four weeks prior to scheduled date of game of chance. The application
must be filed with the valid registration issued by the Legalized
Games of Chance Control Commission, fees as required by the Legalized
Games of Chance Control Commission and the Borough of Milltown, and
must demonstrate in writing compliance with the provisions of all
applicable laws and regulations. The application must be submitted
in quadruplicate, with original signatures and notary seals as required
by the Legalized Games of Chance Control Commission.
Applicants are subject to the fees of the Legalized Games of
Chance Control Commission. The Borough of Milltown will collect $5
in fees per application submitted; no additional fees will be required
after the game of chance is conducted.
Applicants must abide by the rules and regulations regarding
prizes pursuant to N.J.A.C. 13:47-6.19 et seq.
No person under the age of 18 shall be permitted to hold, operate,
assist, conduct or participate in any game of chance. No game may
be conducted where alcoholic beverages are sold, dispensed or consumed
during the period of the commencement of the first and the conclusion
of the last game of chance.
No person, organization, club, company, or squad shall conduct,
operate, run, participate in or attend any unlicensed game of chance
in this municipality.
Any person violating any provision of any law or regulation
administered by the Legalized Games of Chance Control Commission shall
be subject to the violations, penalties, suspension, revocation or
other sanctions pursuant N.J.A.C. 13:47-2.10.
