Editor's Note: The general power to license and to
prescribe license fees is contained in N.J.S.A. 40:52-1,2. Licensing
is also a part of the general police power granted by N.J.S.A. 40:72-3
and N.J.S.A. 40:48-2.
[1982 Code § 4-1.1; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
As used in this section:
Shall mean a person who openly cries off and sells real or
personal property at public auction, except that it does not mean
a person or officer selling real or personal property pursuant to
execution after an order has been entered by a court of competent
jurisdiction.
Shall mean the same as "solicitor."
Shall mean a person who goes from house to house on public
streets or in public places disposing of commercial circulars, posters,
pamphlets, stickers, signs, and other like forms of advertising material.
Shall mean a peddler or solicitor who transports prepared
food, foodstuffs, to be prepared or cooked prior to sale, and beverages
for sale in the Borough by vehicle or pushcart, such food or beverage
to be sold to individual patrons while said vehicle is stopped or
parked. Mobile vendors who limit their sales to frozen products that
are intended for immediate consumption after the sale, such as ice
cream, frozen ices, or frozen confectionery products, are specifically
excluded from the definition of "mobile retail food vendor." Also
excluded are mobile vendors who primarily offer such frozen products
for sale, so long as the sale of other food, foodstuffs, or beverages
by that vendor is clearly incidental to the sale of such frozen products.
Shall mean an organization or entity possessing a tax exempt
status which shall be evidenced by furnishing to the Borough a tax
exemption number provided by the State of New Jersey and/or the government
of the United States.
Shall mean a person who goes from place to place by traveling
the streets, or who goes from house to house, carrying goods, wares
and merchandise in order to sell and to deliver them to customers.
Shall mean a person who goes, individually or by an agent,
from house to house, selling or buying goods, wares or merchandise
by sample or by taking orders for future delivery or by selling a
service to be rendered in the future, either with or without accepting
a down payment or an advance for the cost of the goods, wares, merchandise
or service.
Shall include wagons, carts, trailers, motor trucks, motor
vehicles, service dispensers, or other types of conveyance.
[Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The purpose of this section is to prevent dishonest business
practices and fraudulent solicitation, to provide for traffic and
pedestrian safety by regulating the use of streets and property adjacent
thereto by canvassers, distributors or peddlers to prevent extended
parking or trespassing on private or public property and to prevent
violations of the Borough Zoning Ordinance by regulation of auctioneers,
canvassers, distributors, peddlers and solicitors; and in the case
of mobile retail food vendors, to prevent violations of the State
Code, to protect traffic and pedestrian safety and prevent violations
of the Motor Vehicle Code, and to generally provide for safety of
the residents of the Borough.
[1982 Code § 4-1.2; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
A license shall be obtained as provided herein and in compliance
with all other terms and provisions of this section for each of the
following:
a.
Any auctioneer, solicitor, canvasser, mobile retail food vendor or
peddler, who shall buy, sell, or dispose of any goods, wares, merchandise
or services, or take orders for purchase, sale or rendering of any
goods, wares, merchandise or services within the Borough, whether
self-employed or employed by another individual or firm.
b.
An auctioneer, solicitor, canvasser, distributor, mobile retail food vendor or peddler who shall engage in any business or occupation as defined and referenced in subsection 4-1.1 in the Borough Code.
c.
Any person who shall handle any card, circular, pamphlet, paper,
publication or advertising material in the following manner:
1.
Distributing, or causing to be distributed, to the owner or occupant
of any house, unless the same has been ordered previously, and in
a different fashion, by the owner or occupant.
2.
Placing, or causing to be placed, in or on any premises or motor
vehicle.
3.
Handing, or causing to be handed, to any person on the street.
4.
Attaching, or causing to be attached, to any tree, pole, sign, billboard,
fence or building that is not located on the premises of the person
attaching, or causing to be attached.
[1982 Code § 4-1.3; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
Each applicant for a license shall file with the Chief of Police
a sworn written application, in duplicate, on a form to be furnished
by the Chief, which shall give the following information:
a.
Name and description of the applicant, including date of birth, driver's
license number and social security or tax identification number.
b.
Permanent home address and full local address of the applicant. If
the applicant is a corporation, the name and address of its registered
agent.
c.
A brief statement of the nature of the business and a description
of the goods, wares, merchandise or service to be sold.
d.
If employed, the name and address of the employer together with credentials
establishing the exact relationship.
e.
The length of time for which the license is desired.
f.
If a vehicle is to be used, a description of such vehicle and its
license number.
g.
The place where the goods or property to be sold or offered for sale
are manufactured or produced, where such goods or property are located
at the time such application is filed and the proposed method of delivery.
h.
If the licensed activity is to be conducted at a fixed location,
the address, ownership, and description of the premises.
i.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
j.
A photograph of the applicant taken within 60 days immediately prior
to the date of the application which shall clearly show the head and
shoulders of the applicant and shall measure two inches by two inches.
k.
Two business references located in the County of Middlesex, State
of New Jersey, or in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
l.
A statement as to whether the applicant, and, if employed, the applicant's
employer, has been convicted of any crime, misdemeanor, or violation
of any Borough ordinance, the nature of the offense and the punishment
or penalty assessed therefor.
[1982 Code § 4-1.4; Ord. No. 4-99 § 1; New; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 11-01,
§ 1; Ord. No. 02-02 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
Upon receipt of an application properly completed and submitted pursuant to subsection 4-1.4, and payment of the license fee of $50, the Chief of Police shall forward the application to the Board of Health (if the application involves a mobile retail food vendor or other activities within the jurisdiction of the Board of Health), the Zoning Officer and the Fire Prevention Bureau.
The Chief of Police shall make, or cause to be made, an investigation
of the business responsibility and criminal background of the applicant,
and if employed, the applicant's employer, as he deems necessary
for protection of the public good. The Chief of Police shall also
examine the place or places that are likely to create traffic congestion
or traffic hazards as a result of the location thereof or as a result
of pedestrians or operators of motor vehicles utilizing such place
or places. The duplicate application shall be kept on file in the
Police Department upon completion of the investigation.
Any determination made by the Chief of Police that an application
is unsatisfactory with respect to the applicant shall be based upon
one or more of the following findings:
a.
Conviction of a crime relating adversely to the occupation of peddling
or soliciting, which shall be determined in accordance with the provisions
of N.J.S.A. 2A:168A-2 and set forth in a written explanation provided
to the applicant based upon consideration of the following factors
or any other factors:
1.
The nature and duties of the business for which a license is sought;
2.
The nature and seriousness of the crime;
3.
Circumstances under which the crime occurred;
4.
The date of the crime;
5.
The age of the applicant when the crime was committed;
6.
Whether the crime was an isolated or repeated incident;
7.
Social conditions which may have contributed to the crime; and
8.
Any evidence of the rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs, or the recommendation
of persons who have or have had the applicant under their supervision.
b.
Prior violation of a peddling or soliciting ordinance.
c.
Previous fraudulent acts or conduct.
d.
Record of breaches of soliciting contracts.
e.
Misrepresentation or false statement contained in the application
for the license.
f.
Concrete evidence of bad moral character.
The Board of Health shall make, or cause to be made, such investigation
of the application to determine whether any applicable State statutes,
regulations or municipal ordinances or regulations pertain to the
proposed operation and to determine compliance of said operation with
such statutes, regulations, and/or ordinances.
The Zoning Officer shall examine such application to determine
compliance with any applicable provision of the Zoning Ordinance of
the Borough as well as compliance with applicable provisions of this
Code.
The Fire Prevention Bureau shall examine such application to
determine compliance with all applicable statutes, codes, regulations
and ordinances pertaining to fire safety.
The Board of Health, the Zoning Officer and the Fire Prevention
Bureau shall each forward a recommendation of approval or disapproval
of the application to the Chief of Police within three days after
receiving the application. Failure to report within the three-day
period shall be determined to constitute a recommendation of approval
of the application.
On or before the fifth day after receiving the application,
the Chief of Police shall state on it his approval or disapproval,
signing it.
An applicant shall present any approved application for a license
for which a fee is charged to the Borough Treasurer, and shall pay
the required fee at the same time. The Borough Treasurer shall sign
a receipt for the license fee, and promptly notify the Chief of Police
in person or by telephone of the payment.
[1982 Code § 4-1.5; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
If the Chief of Police disapproves of an application for a license,
or fails to approve of it within five days, the applicant may appeal
to the Borough Council to grant the license. Such appeal may be heard
by the Borough Council at any special or regular meeting, and shall
be made on five days' notice to the Chief of Police. Either the
Chief of Police, or a member of the Police Department shall attend
such hearing, and shall state the reasons for disapproval.
There shall be no administrative appeal from the decision of
the Borough Council on this appeal.
[1982 Code § 4-1.6; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
All licenses shall be issued by the Chief of Police after approval
and payment of the required fee.
A license shall be in the form of a letter and shall contain
the name of the licensee, the occupation licensed, the date of issuance
and the date of expiration, the license number or other identifying
description of any vehicle used in the activity licensed and the signature
of the Chief of Police. It shall further state the limitation that
such a license shall not be valid after 9:00 p.m., prevailing time.
To each duly licensed solicitor, canvasser, distributor, mobile
retail food vendor and peddler, the Chief of Police shall issue a
small badge, bearing a number, the name of the Borough, and a descriptive
word, showing the type of occupation thus licensed.
Peddlers and solicitors who are already licensed by the Borough
shall have 10 days prior to the expiration of the license to renew
the same at the required fee. This right to renew shall not be assigned
or transferred and shall be forfeited if not renewed within the ten-day
period prior to expiration.
[1982 Code § 4-1.7; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The licensee shall carry on his person the license for the occupation
or profession which he has been licensed to engage in, for as long
as he is actively engaged in such occupation or profession in the
Borough. He shall exhibit such license at the request of any official
of the Borough, and at the request of any person in the Borough with
whom he desires or attempts to do business.
[1982 Code § 4-1.8; New; Ord. No.
21-02 § 1; Ord. No. 30-02 § 1]
There shall be no soliciting, canvassing, distributing, peddling
or auctioneering after 9:00 p.m. prevailing time, on any day.
[1982 Code § 4-1.9; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
a.
No licensee shall call attention to his business or to his merchandise
by crying out, or blowing a horn, or by any other aggravating, loud
or unusual noises.
b.
No licensee shall conduct, or attempt to conduct his business at
any residence or on any property on which is posted a sign expressly
prohibiting such activity.
c.
No licensee shall, during school hours, conduct or attempt to conduct
his business within 200 feet of any place occupied exclusively as
a public or private school or for school purposes, nor during such
times shall be permit his cart, wagon or vehicle to stand on any public
highway within such distance of any school property.
d.
No licensee shall allow any other person to use the license issued
hereunder.
e.
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. Each vehicle used shall display a license tag bearing
the words, "sales license for the year."
f.
When parked on a time regulated public street, a peddler, solicitor
or mobile retail food vendor must obey all existing parking ordinances.
g.
Vehicles moved or parked on public streets in connection with a peddler's,
solicitor's or mobile retail food vendor's operation must
comply with all State and motor vehicle laws.
h.
No signs are to be erected or displayed without the approval of the
Zoning Officer, except for signs on vehicles that display prices on
food offered.
i.
Mobile retail food vendors must provide for the disposal of recyclable
cans and/or bottles. Mobile retail food vendors are not to use public
receptacles for garbage attributable to its operation.
j.
The pushcart used by a peddler, solicitor or mobile retail food vendor
shall contain all merchandise and equipment and shall not exceed six
feet in length and four feet in width.
k.
Peddlers, solicitors and mobile retail food vendors may only park
or stop for the purpose of conducting sales in the General Business
District of the Borough.
l.
Peddlers, solicitors and mobile retail food vendors shall not park
or stop any vehicle in such a manner as to block any advertisement,
display or entrance to an existing store.
m.
Peddlers, solicitors and mobile retail food vendors shall not park
or stop any vehicle in an alleyway or walkway and shall not park or
stop any vehicle in such a manner as to block an entrance to said
alleyways or walkways.
n.
Peddlers, solicitors and mobile retail food vendors shall not park
or stop any vehicle in such a manner as to block any municipal sign,
public receptacle for garbage, public bench or other public amenity.
o.
Peddlers, solicitors and mobile retail food vendors must have their
intended location approved by the Police Department prior to setting
up operations. The Traffic Safety Officer will examine the site to
determine if public safety is adversely affected by the location.
[1982 Code § 4-1.10; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The Chief of Police shall keep a bound record book, in which
he shall enter the dates of issuing all licenses, the names and addresses
of the licensees, the occupation or profession for which the licenses
were issued, the fees paid, and the number of each license.
Quarterly, the Chief shall report to the Borough Council the
number of licenses issued, and the amount of fees collected.
[1982 Code § 4-1.11; Ord. No. 4-99; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1; Ord. No. 01-03 § 1; Ord.
No. 23-03 § 1; Ord. No.
03-05 § 1; Ord. No. 03-06 § 1]
The annual fee charged each licensee shall be as set forth in
the Borough Schedule of Fees Ordinance as found on file in the office
of the Borough Clerk.
[1982 Code § 4-1.12]
Except for licenses issued for one or more days, licenses shall
be effective only from January 1 through December 31 of each calendar
year. All licenses shall expire and be void at 12:00 midnight on December
31 of each year.
There shall be no transfers of any license from one person to
another at any time, or for any reason.
[1982 Code § 4-1.13; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
For good cause shown, and on complaint of any Police Officer,
the Borough Council may revoke any license. At least five days'
notice of a hearing concerning such proposed revocation shall be given
to each licensee.
The Chief of Police may suspend, at any time, the effectiveness
of a license issued to any person, pending a hearing before the Borough
Council.
When a license has been either suspended or revoked, the Chief
of Police shall repossess the license theretofore issued to any licensee.
[1982 Code § 4-1.14; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The Police Department shall be charged with the duty of enforcing
the provisions of this section.
[1982 Code § 4-1.15; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the licensing and
inspection of the Board of Health or its authorized agents. Any violation
found and not immediately corrected shall be grounds for revocation
of the license.
[1982 Code § 4-1.16; Ord. No. 11-01 § 1; Ord. No. 21-02 § 1; Ord. No. 30-02 § 1]
The following persons shall be exempt from the requirements
of this section, except from the provisions of subsection 4-1.10 hereof:
a.
Any person selling or vending fruits, vegetables, and farm products
grown by himself, with or without the help of other persons.
b.
Any person, honorably discharged from the armed forces of the United
States, who possesses a peddler's license issued in conformity
with N.J.S.A. 45:24-10 and any amendment or amendments thereof.
c.
Any person who conducts a sale pursuant to statute, or to court order.
d.
Any person who is an exempt member of a volunteer fire department,
as defined by N.J.S.A. 45:24-9b, and who possesses a license issued
in conformity with this subsection, and with any amendment or amendments
thereof.
e.
Any person under 18 years of age who sells and delivers newspapers
or magazines for profit, or who solicits subscriptions to magazines.
f.
Any person conducting charitable, philanthropic or nonprofit solicitation, pursuant to Section 4-2.
g.
Any person who is engaged in the distribution of mail by the United
States, or in the distribution of noncommercial circulars, pamphlets,
leaflets, booklets or other literature for religious, charitable,
political, educational or civic purposes, or in canvassing individually
or on behalf of any nonprofit organization for religious, charitable,
political, educational or civic purposes.
[1982 Code § 4-2.1; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
As used in this section.
Shall mean and include patriotic, religious, eleemosynary,
benevolent, educational, civic or fraternal associations, societies
and the like.
Shall mean and include the giving of alms, food, clothes,
money subscriptions, pledges or property of any nature or kind.
Shall mean an organization or entity possessing a tax exempt
status which shall be evidenced by furnishing to the Borough a tax
exemption number provided by the State of New Jersey and/or the government
of the United States.
Shall mean any individual, firm, copartnership, corporation,
company, association, church, religious denomination, society, class
or league.
Shall mean the request, directly or indirectly, of money,
credit, property, financial assistance, and other things of value
on the plea or representation that such money, credit, property, financial
assistance or other thing of value will be used for a charitable and
philanthropic purpose and/or on behalf of a nonprofit organization
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.
[1982 Code § 4-2.2; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
No person or organization shall solicit charitable and philanthropic
contributions or contributions on behalf of a nonprofit organization
within the Borough without first obtaining a permit authorizing such
public solicitations; provided that the provision of this section
shall not apply to any established person or organization authorized
and not 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.
[1982 Code § 4-2.3; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Application for a permit to make a public solicitation of funds
by charitable, philanthropic and nonprofit organizations shall be
made to the Chief of Police upon forms provided by him.
An investigation of the application shall be made by the Chief of Police, in accordance with the provisions of subsection 4-1.5, to determine that the person or organization is bona fide.
[1982 Code § 4-2.4; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Upon approval of the application, the Chief of Police shall issue a license in accordance with the provisions of subsection 4-1.7. There shall be no fee for a permit issued hereunder.
[1982 Code § 4-2.5; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2; Ord. No. 06-03 § 1]
The Police Chief shall keep a current calendar of approved solicitations
to be conducted within the Borough.
[1982 Code § 4-2.6; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Permits shall be issued for such time periods as set forth in
subsection 4-1.13.
[1982 Code § 4-2.7; Ord. No. 21-02 § 2; Ord. No. 30-02 § 2]
Any person or organization receiving money 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
date and the amount received; provided that this section shall not
apply to any contribution collected by means of a closed box or receptacle
used in the solicitation where the use thereof has been approved by
the Borough Council, where it is impractical to determine the amount
of each contribution.
[1982 Code § 4-2.8; New; Ord. No.
21-02 § 2; Ord. No. 30-02 § 2]
All solicitations conducted under the authority of this section
shall take place no later than 9:00 p.m. on any day.
[Ord. No. 14-04 § 4-3.1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any individual, firm, partnership, corporation,
company, association, church, religious denomination, society, class,
league or other similar type of entity.
Shall mean and include only Christmas trees, Christmas wreaths,
Christmas grave blankets, Christmas arts and crafts items, Valentine's
Day flowers, Easter flowers, Easter baskets, Mother's Day flowers,
Mother's Day baskets, pumpkins and other autumnal decorative
items, and any other article or items of an arts and crafts nature,
or of a decorative nature, related to a particular season of the year
or holiday.
Shall mean the conduct of all matters relating to the sale
of seasonal merchandise, as defined herein, by a seasonal sales vendor,
as defined herein, pursuant to the terms and conditions contained
in this section.
Shall mean a fixed location at which a seasonal sales vendor
may engage in seasonal sales activities within the Borough of Jamesburg.
Such location shall be owned or leased by the seasonal sales vendor.
Shall mean a specific limited period of time as specified
in the seasonal sales permit, which shall not exceed 45 days, during
which a seasonal sales vendor may engage in seasonal sales activities
within the Borough of Jamesburg.
Shall mean the permit issued by the Borough of Jamesburg
which shall allow a seasonal sales vendor to engage in seasonal sales
activities for a specified limited time period.
Shall mean a person or organization that engages in seasonal
sales activity as defined herein at all fixed location owned by and/or
leased by the applicant for a specified limited period of time.
[Ord. No. 14-04 § 4-3.2]
The purpose and intent of this section is to establish certain
regulations governing the temporary sale of seasonal merchandise by
seasonal sales vendors within the Borough. The Borough of Jamesburg
believes that the establishment of such regulations is in furtherance
of the health, safety and welfare of the residents of the Borough.
[Ord. No. 14-04 § 4-3.3]
It shall be unlawful for any seasonal sales vendor, as defined
herein to engage in seasonal sales activities within the Borough of
Jamesburg without first obtaining a permit thereof, in accordance
with the provisions of this section.
[Ord. No. 14-04 § 4-3.4]
An applicant for a seasonal sales vending permit under this
section shall file a sworn application with the Borough Clerk on a
form to be provided. A complete application for a seasonal sales vending
permit must be submitted to the Borough Clerk at least 20 days prior
to the actual specified time period for conducting the seasonal sales
activity. An application submitted less than 20 days prior to the
specified time will be accepted; however, no seasonal sales activities
may commence unless and until a seasonal sales vending permit is issued.
An application determined to be incomplete upon review by the Borough
Clerk shall be returned to the applicant. The following information
shall be provided by the applicant in its application:
a.
The name, address and telephone number of the person or organization
applying for the seasonal sales vending permit under the provisions
of this section.
b.
The proposed commencement and termination dates for the seasonal
sales activity which shall not exceed 45 days.
c.
The block and lot location(s) of the property or properties to be
utilized in conducting the seasonal sales activity, defined herein
as the seasonal sales location.
d.
A property survey of the lot(s) upon which the seasonal sales activity
is intended to occur, which survey shall be prepared by a New Jersey
licensed professional engineer or surveyor. A hand drawn sketch plat
may be submitted in lieu of a survey plat. The purpose of the survey
plat and/or sketch plat is to determine if the proposed seasonal sales
location is sufficient for the intended seasonal sales activity. The
following information must be set forth on the survey and/or sketch
plat submitted.
1.
Location of and quantities of merchandise to be stored and displayed
on the lot(s).
2.
Location of on-site parking as well as off-site parking associated
with the site location.
3.
Location of curb cut access to indicate proper ingress and egress
to the site to evaluate and prevent traffic hazards, congestion or
excessive interference with normal traffic movements on adjacent public
streets.
e.
A statement as to how the site shall be maintained during the designated
seasonal sales time period, as well as a statement indicating how
trash, refuse and other materials will be disposed of other than through
normal solid waste collection services provided by the Borough of
Jamesburg.
f.
A certification from the Borough of Jamesburg Tax Collector that
all taxes have been paid on the subject lot(s) and are current.
g.
Proof of liability insurance coverage for the seasonal sales location.
[Ord. No. 14-04 § 4-3.5]
a.
All seasonal sales vendors shall provide a certificate of insurance
to the Borough which names the Borough of Jamesburg as an additional
insured on the vendor's policy.
b.
All seasonal sales vendors shall execute an indemnification and hold
harmless statement which shall release the Borough of Jamesburg and
all of its officers, employees and agents harmless from and against
any and all liability relating to the seasonal sales activity at the
seasonal sales location, which statement shall be in a form acceptable
to the Borough Attorney.
c.
No temporary signs advertising the seasonal sales activity shall
be placed in any tree, telegraph, electric light or public utility
pole or upon rocks or other natural features located within the public
right-of-way. All temporary signs shall be located on-site.
d.
No more than four temporary signs shall be erected. Temporary signs
shall not exceed six square feet in area nor exceed four feet in height.
e.
Temporary signs may not be erected prior to 48 hours before the designated
commencement of the seasonal sales activity and must be removed immediately
after the termination date.
f.
No sign shall be erected that is of such character, from shape or
color that it imitates or resembles any official traffic sign, signal
or device or that has any characteristics which are likely to confuse
or dangerously distract the attention of the operator of a motor vehicle
on a public street.
g.
Temporary signs shall be kept in a proper state of repair in accordance
with the requirements of the Borough's Building Code, Property
Maintenance Code and other pertinent regulations. Signs which fall
into such a state of disrepair as to become unsightly or to pose a
threat to public safety may be removed by the Borough at the owner's
expense upon proper notification by the Borough.
h.
No temporary signs shall be erected within or project over the right-of-way
of any public street or sidewalk. No temporary signs placed on the
site shall be relocated in such a fashion which would affect the site
visibility of the motoring public as determined by the Chief of Police
or his designee.
i.
Sales of seasonal merchandise as regulated by this section, shall
only be permitted between the hours of 8:00 a.m. and 9:00 p.m.
j.
All debris, materials, trash, etc. must be removed from the site
within three business days, holidays excluded, following the expiration
of the seasonal sales vending permit issued by the Borough of Jamesburg.
[Ord. No. 14-04 § 4-3.6]
a.
Upon receipt of an application for a permit for seasonal sales activity,
the original shall be maintained by the Borough Clerk and copies thereof
shall immediately be referred by the Borough Clerk to the Chief of
Police, the Zoning Officer, the Fire Inspector and the Business Administrator
who shall cause relevant investigations to be undertaken as may be
needed for the protection of the public welfare.
b.
Such review and investigation by the above Borough officials (or
their designees) shall be completed within 14 days following receipt
of the application by the Borough Clerk, and such Borough officials
(or their designees) shall endorse thereupon their approval, approval
with conditions, or disapproval of the application and return same
to the Borough Clerk within said fourteen-day period. If disapproved,
the relevant Borough official(s) must specify the reasons therefor.
In such cases, the Borough Clerk shall immediately notify the applicant
that the application has been disapproved and the reasons for such
disapproval.
c.
If the above Borough officials determine from their respective investigations
that no reason or reasons exist for denial, then the Borough Clerk
shall forthwith issue a permit to the applicant for the desired seasonal
sales activity. The Borough Clerk shall keep a record of all permits
issued and of all complaints received, if any, concerning each permit.
[Ord. No. 14-04 § 4-3.7]
The following grounds shall be sufficient to warrant denial
of a seasonal sales vendor permit.
a.
The applicant has failed to comply with the application procedures
and requirements as set forth in this section.
b.
Violation of any of the grounds set forth in subsection 4-3.11 herein.
c.
Disapproval by the Chief of Police, the Zoning Officer, the Fire
Inspector or Business Administrator following their review as to matters
relating to the health, safety and welfare of the residents of the
Borough of Jamesburg, including but not limited to lack of provision
of adequate parking, or that the sales will create a hazard, or for
any other deficiency noted in this Section.
d.
Other good cause as set forth by the relevant reviewing official(s)
[Ord. No. 14-04 § 4-3.8]
Any fee associated with a seasonal sales vending permit shall
be as set forth in the Borough Schedule of Fees Ordinance on file
in the office of the Borough Clerk.
[Ord. No. 1404 § 4-3.9]
Once issued a seasonal sales vending permit shall be posted
by the seasonal sales vendor in a place which is readily visible to
the public.
[Ord. No. 14-04 § 4-3.10]
A seasonal sales vending permit shall be issued for a specific
time period not to exceed 45 days. Permits shall not be transferable
and must be surrendered after expiration of the applicable time period
before a new permit or renewal permit may be issued.
[Ord. No. 14-04 § 4-3.11]
a.
Seasonal sales vending permits issued under this section may be revoked
by the Chief of Police, the Zoning Officer, the Fire Inspector or
the Borough Administrator after reasonable notice and a hearing for
any of the following causes:
1.
A misrepresentation or false statement contained in the application
for the permit.
2.
A misrepresentation or false statement made in the course of carrying
on the activities regulated herein.
3.
A conviction of any crime or disorderly person's offence involving
moral turpitude.
4.
Conducting the business of seasonal sales activities in an unlawful
manner and in violation of any provision of this section or in such
a manner as to constitute a breach of the peace or to constitute a
nuisance or menace to health, safety or general welfare of the public.
b.
Any violation of the provisions of this section shall be cause for
immediate revocation of a permit issued by the Borough of Jamesburg,
and the revocation of the permit shall be grounds for the nonissuance
of a subsequent permit for a period not to exceed two years.
c.
Notice of a hearing for revocation of a permit shall be given in
writing, setting forth the grounds of complaint and the time and place
of hearing. Such notice shall be served personally upon the seasonal
sales vendor by means of a summons or by mail, postage prepaid, to
the seasonal sales vendor at the address given by the seasonal sales
vendor in making the application, with such notice to be given at
least five days prior to the date set for the hearing.
[Ord. No. 14-04 § 4-3.12]
Any person aggrieved by the action of the Chief of Police, the
Zoning Officer, the Fire Inspector, the Borough Administrator or the
Borough Clerk in the denial of an application for a seasonal sales
permit or in the decision with reference to a revocation of a seasonal
sales vending permit shall have the right to appeal said determination
to the Borough Council of the Borough of Jamesburg by submitting a
written notice of appeal to the Borough Clerk within 10 days of issuance
of the denial. The Borough Council shall set a time and place for
hearing such appeal, which shall be within 20 days of the Borough
Clerk's receipt of the written notice of appeal. Notice of the
Borough Council's hearing on the appeal shall be given to the
appellant in the same manner as provided in subsection 4-3.11c of
this section for Notice of Hearing on Revocation. The decision and
order of the Borough Council on such appeal shall be final and conclusive.
[Ord. No. 14-04 § 4-3.13]
It shall be the duty of any Police Officer of the Borough of
Jamesburg, or the Zoning Officer, the Fire Inspector or Business Administrator
of the Borough of Jamesburg, to enforce the provisions of this section.
[Ord. No. 14-04 § 4-3.14]
[Ord. No. 13-97]
As used in this section:
Shall mean a person who does tattooing or body piercing.
Shall mean the placing of a permanent or temporary foreign
object in a person's body, such as ears, nose, lips, genitals,
nipples, or parts thereof, for a decorative or other nonmedical purpose
by a person not directly under the supervision of a licensed physician.
Within a body piercing establishment shall mean the immediate
vicinity where body piercing is performed.
Shall mean a person engaged in the practice of body piercing.
Shall mean the building or structure where body piercing
is practiced.
Shall mean written approval from the Health Officer or his
authorized representative that the tattooing or body piercing establishment
has been inspected and meets all of the terms of this section.
Shall mean either a place where tattooing or body piercing
is conducted.
Shall mean the appointed licensed Health Officer or his authorized
representative.
Shall mean any individual, firm, company, corporation or
association that owns or operates an establishment where tattooing
or body piercing is performed and any individual who performs or practices
the art of tattooing or body piercing on the person of another.
Shall mean one who engages in tattooing.
Shall mean the location wherein tattooing is performed.
Shall refer to any method of placing designs, letters, scrolls,
figures, symbols, or any marks under the skin with ink or any other
substance resulting in the coloration of the skin by the aid of needles
or any other instruments designed to puncture the skin.
[Ord. No. 13-97]
The standards of this Section apply to both temporary and permanent
body piercing and tattooing establishments.
[Ord. No. 13-97; Ord. No. 03-06 § 1]
a.
It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Borough Council to engage
in such business in accordance with the provisions hereof.
b.
An application for an initial license shall be accompanied by a fee
as set forth in the Borough Schedule of Fees Ordinance as found in
the office of the Borough Clerk. Any change of ownership shall require
a new application and license with payment of fees therefor. All applicants
shall submit plans for the establishment to the Borough Council prior
to the initiation of construction.
c.
The renewal license fee for engaging in the business of operating a tattoo or body piercing establishment within Jamesburg shall be as set forth in the Borough Schedule of Fees Ordinance as found in the office of the Borough Clerk. All licenses shall expire on the last day of June, annually. If renovations of the tattoo or body piercing establishment occur, plans shall be submitted to the Borough Council and the applicant will be required to comply with subsection 4-4.5. The late fee for failure to renew a license shall be as set forth in the Borough Schedule of Fees Ordinance as found in the office of the Borough Clerk.
d.
All existing establishments will be considered renewal applications
provided that they apply for a renewal of the license within one month
after the effective date of this section. Establishments failing to
apply within the specified time period will be subject to the provisions
of paragraph c of this subsection.
e.
The provisions of this section and all licensing fees shall be due
immediately upon enactment of this section.
f.
The application accompanied by the license fee shall set forth:
1.
Local and permanent addresses and telephone numbers of applicant
and manager.
2.
If applicant is a corporation, the name, address and telephone numbers
of its registered agent and officers.
3.
Certification that all dyes and inks used in tattooing are non-toxic.
4.
Applicant to comply with O.S.H.A. blood borne pathogen standard and
medical waste disposal regulations.
[Ord. No. 13-97]
a.
Age. It shall be a violation of this section for anyone or any tattoo
or body piercing business to tattoo or body pierce an individual under
18 years of age without authorization signed by the parent or legal
guardian and witnessed by the operator. The operator shall be responsible
for maintaining the original consent form and copies of all consent
information for a period of two years beyond the recipient's
21 birthday. The operator shall obtain a copy of a photo ID of the
individual being tattooed.
b.
Each person wishing a body piercing or tattoo shall fill out an application
which shall include name, date of birth, address and telephone number
of the client as well as the location(s) of the tattoo or body piercing
and the name of the operator. All records are to be maintained for
a minimum of two years and shall be available to the Health Officer
or his authorized representative upon request.
c.
If the applicant is suspected to be under the influence of alcohol,
drugs, or any other behavioral modifying substance, the operator shall
refuse the applicant. If the applicant is suspected of having an infectious
disease in a communicable stage, the operator shall refuse service.
d.
Written guidelines shall be established for the care of the body
site. Each client shall receive a written copy of the guidelines for
care of body piercing or tattoo sites. Care instructions must include
the following minimum recommendations for body piercing.
1.
Wash body piercing gently with mild soap and water and pat dry;
2.
Apply antibacterial cleaner at least twice per day;
3.
Avoid swimming or soaking the body piercing until healed;
4.
Avoid scratching, picking, or touching of the body piercing;
5.
If redness or swelling develops, contact your doctor.
[Ord. No. 13-97]
a.
Each facility shall have a bathroom accessible to the public and
staff. Each bathroom shall be equipped with a commode and a sink with
the sink being connected to hot and cold running water. Soap and sanitary
towels, or other approved hand drying devices, shall be available
at the sink at all times. Common towels are prohibited. In addition
to the above, each cubicle or work station must be provided with a
sink connected to hot and cold running water. This area shall also
be provided with soap and appropriate hand drying facilities.
b.
The chair or seat reserved for the person receiving the body pierce
or tattoo shall be of a material that is smooth and easily cleanable
and constructed of material that is non-absorbent. Any surfaces on
the chair that become exposed to blood or body fluids must be cleaned
and sanitized prior to use by the next customer.
c.
The work table or counter used by the operator shall be smooth and
easily cleanable and constructed of material that is non-absorbent.
There shall be a covered junction between the table/counter and the
wall if the table/counter is to be placed against the wall. The table/counter
must be cleaned and sanitized, utilizing a method approved by the
Health Officer, between customers.
d.
The walls in the work area shall be smooth and easily cleanable and
constructed of a non-absorbent material.
e.
The floor in the work area shall be of a durable material that is
non-absorbent and is smooth and easily cleanable. Floors shall be
kept clean.
f.
Lighting within the work area shall be adequate so as to provide
a minimum of 100 candles in all areas.
g.
The work area reserved for the application of the tattoo or piercing
shall be separated from other areas of the establishment by walls
or durable partitions extending at least six feet in height and so
designated to discourage any persons other than the customer and the
operator from being in the work area.
h.
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized, utilizing a method approved
by the Health Officer.
i.
All products used in cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner in accordance
with the hazard communications regulations. Smaller working containers
filled on-site from larger containers must be clearly marked with
the name of the product.
j.
Proper waste receptacles shall be provided and waste disposed of
at appropriate intervals in a safe manner.
k.
All medical waste shall be disposed of according to State standards.
All records shall be kept on site and shall be available for inspection.
All medical waste records shall be maintained for a least three years
after manifest as required by N.J.A.C. 7:26-3A21.
l.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
[Ord. No. 13-97]
a.
Hepatitis-B pre-exposure vaccination or proof of immunity is required
for all operators. Any accidental needle stick shall be reported to
the Borough. If a person cannot obtain the vaccination for medical
reasons, he shall submit to the Borough a letter from his physician
certifying that the individual does not have hepatitis-B and the vaccination
is contraindicated. This certification shall be annually renewed and
shall be available upon request during inspection.
b.
All operators shall provide documentation of the education or training
received. The documentation and training to be determined satisfactory
by the Health Officer.
c.
Before working on each patron, each artist shall scrub and wash his
hands thoroughly with hot water and an E.P.A. approved germicide cleaning
material using his individual hand brush. Fingernails shall be kept
clean and short.
d.
Disposable gloves shall be worn by the artists during preparation
and application to prevent contact with blood or body fluids. All
materials shall be disposed of in accordance with subsection 4-4.10
after contact with each patron. Hands shall be washed immediately
after removal of gloves. Any skin surface that has contact with blood
shall be washed immediately. Medical waste shall be disposed in compliance
with latest State regulations.
e.
Immediately after treating a patron, the operator shall advise the patron on the care of the tattoo or body area pierced and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron as described in subsection 4-4.4d.
f.
All infections resulting from the practice of tattooing or body piercing
which become known to the operator shall be reported to the Health
Officer by the person owning or operating the establishment or by
the artists within 24 hours.
[Ord. No. 13-97; Ord. No. 18-97]
a.
Only safety razors with disposable blades shall be used for the preparation. Blades shall be disposed of according to applicable requirements of subsection 4-4.9 and 4-4.10 of this section after each use and a new blade shall be used for each patron.
b.
Following shaving, the area shall be thoroughly cleaned and scrubbed
with tincture or green soap, or its equivalent and warm water. Before
working on the patron's skin, the area shall be treated with
70% alcohol and allowed to air dry.
c.
Piercing of the tongue shall be permitted, but only under the following
circumstances:
1.
In all establishments that perform this procedure, a copy of the
letter to Councilman Mark Wyzykowski from Bernard G. Mihalko, Director
of the Department of Public Health, County of Middlesex, New Jersey,
Date June 6, 1997, must be posted in a conspicuous place which is
clearly visible to all patrons.
2.
All customers who wish to have their tongues pierced must first read
the above-referenced letter and then sign a statement verifying that
they have read the same, that they are aware of the inherent health
and safety risks associated with tongue piercing and that, notwithstanding
the same, they nevertheless knowingly, willingly, voluntarily, and
intentionally wish to proceed.
d.
No piercing or tattooing shall be done on skin surfaces that have
a rash, pimples, boils, infections, or manifests any evidence of unhealthy
conditions.
e.
Ear piercing guns shall not be used for body piercing, but may only
be used for piercing ear lobes. If the ear piercing gun is reused,
it must be cleaned and sanitized between patrons. An ear piercing
gun may only be used to apply studs in a patron's ears, following
manufacturer's instructions. The use of an ear piercing gun to
apply a stud or any other jewelry to other areas of the body is prohibited.
f.
Satisfactory lubricants or antiseptic ointments shall be applied
to the tattoo area prior to tattooing. The ointment shall be applied
in a satisfactory manner, disposing of the utensil used for spreading.
Collapsible tubes of ointment or jelly may also be used.
[Ord. No. 13-97]
a.
Tattooing.
1.
Design stencils shall be thoroughly cleansed and rinsed in an E.P.A.
approved germicide effective against tuberculosis for at least 20
minutes or disposed of following each use. Effective against tuberculosis
is the standard because it then is more effective against HBV and
HIV.
2.
Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials
are preferred. Pre-mixed dyes shall be used without adulteration of
the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Borough of Jamesburg
of the non-toxicity of the dyes or inks at the time of license application
and renewal.
3.
Single service or individual containers of dye or ink shall be used
for each patron and the container disposed of immediately after completing
work on each patron. Any dye in which the needles are dipped shall
not be used on another person.
4.
The completed tattoo shall be washed with sterile gauze and a solution
of tincture of green soap or its equivalent, then disinfected with
70% alcohol. The area shall be allowed to air dry and antiseptic ointment
applied and spread with sterile gauze and sterile dressing attached.
b.
Body Piercing.
1.
Jewelry preparation. Jewelry or an insertion taper that has been
autoclaved and never worn must be placed in a medical antibacterial
prep soak for 10 minutes and dried thoroughly before insertion. Jewelry
previously worn by the patron must be soaked in a medical antibacterial
prep soak for 10 minutes in a separate container that is disposed
of or sterilized immediately after service. Jewelry worn by person
other than the patron must be cleaned and sterilized before insertion.
2.
Linen cleaning and storage. Cloth towels, robes, and similar items
used in conjunction with body piercing must be laundered in a washing
machine with hot water, laundry detergent and chlorine bleach between
uses. A closed, dustproof container must be provided for the storage
of clean towels and linens. A hamper or similar container must be
provided for the storage of soiled towels and linens.
[Ord. No. 13-97]
a.
Only single service needles and needle bars shall be used for each
patron.
b.
If solder is used in manufacturing needles, needle bars, or needle
tubes, it must be free of lead.
c.
Any needle or sharp object that penetrates the skin shall be immediately disposed of in accordance with subsections 4-4.5 and 4-4.10 of this section and applicable State laws.
d.
Needle tubes shall be soaked with soapy water, then scrubbed with
a clean brush and rinsed clean. Needle tubes shall be sterilized,
stored in sterile bags, and maintained in a dry, closed area as required
by this section.
e.
Each item to be sterilized shall be individually wrapped using indicator
bags or strips. Sterilization shall be by steam sterilization. The
sterilizer shall be well maintained with a tight fitting gasket and
a clean interior. The manufacturer's operation instructions and
sterilization specifications shall be at hand. The sterilizer shall
conform to the sterilization cycle. Proper functioning of sterilization
cycles shall be verified by the weekly use of biologic indicators
(i.e., spore tests). A bound log book of these weekly test results
shall be available, and a test may be required to be done during any
inspections. A loose leaf log book or one that would allow additions
or deletions shall not be used.
f.
If the primary source of sterilization malfunctions, the Borough
shall be notified within 24 hours. In an emergency situation, the
Borough Health Officer may approve alternative sterilization techniques.
g.
Needles and bars shall not be bent or broken prior to disposal. Tattoo
artists shall take precautions to prevent injuries form contaminated
needles or tubes.
[Ord. No. 13-97]
a.
All used needles, needle bars, or other tools used in the tattooing process, as well as gloves, gauze and other materials contaminated with blood or body fluids shall be sterilized in accordance with subsections 4-4.9 and paragraph 4-4.5k of this section, then discarded in a disposable rigid container. In lieu of this requirement, contracting with an authorized service for the disposal of infectious waste shall be acceptable. All medical waste regulations shall be adhered to.
[Ord. No. 13-97]
a.
Nothing in the foregoing shall be construed so as to affect the practice
of medicine or any other recognized profession or occupation by a
person duly licensed by the State of New Jersey to engage in such
practice, profession, or occupation and whose license would lawfully
authorize the piercing of the body.
[Ord. No. 13-97]
a.
Not less than $100 nor more than $1,000 for each violation of this
section. Each day that the violation exists is considered to be a
separate offense.
b.
Reasonable counsel fees incurred by the Borough in the enforcement
of this section shall be paid by the defendant. The amount of such
reimbursement fees and costs shall be determined by the court hearing
the matter.
c.
This section shall preempt any municipal ordinance inconsistent herewith.
[Ord. No. 13-97]
a.
In addition to being subject to the penalties provided in subsection
4-4.12, any license issued under this section may be revoked or suspended
by the Borough for any misstatement in any application or for any
violation of this section. No license shall be revoked or suspended
until the licensee has been afforded a hearing before the Borough
Council. Notice of the filing of a complaint which seeks to suspend
or revoke any license issued under this section shall be served on
the defendant personally or on the manager, registered agent or officer
of the corporation by certified mail or personal delivery to the business
establishment's address or house address of a responsible party.
The notice will establish a date for a hearing to be held not more
than 15 days from the date of such notice, at which time the defendant
shall have the right to be represented by counsel, call witnesses,
cross-examine witnesses produced in support of the complaint, as well
as such other rights necessary in order to insure due process. Should
any license be revoked or suspended, no part of the license fee shall
be returned.
[1982 Code § 4-3.1]
For the purpose of this section, a public pool room or billiard
parlor shall be any business establishment which has therein one or
more pool or billiard tables, including coin-operated tables, for
use by the public.
[1982 Code § 4-3.2]
No person shall own or operate a public pool room or billiard
parlor within the Borough without first having obtained a license
to operate such a business in the Borough.
[1982 Code § 4-3.3]
a.
All applications for licenses shall be made in writing on forms furnished
by the Borough and presented to the Borough Clerk. The application
shall state the name, residence and age of the applicant, whether
the applicant has ever been convicted of a crime involving moral turpitude,
the correct name under which the business is being operated; the location
of the business; the number of pool or billiard tables and such other
pertinent information which may be considered necessary to properly
consider the application.
b.
In the case of application by a partnership, all the partners shall
answer the questions contained in the application. No license shall
be issued unless all of the partners qualify as individual applicants.
c.
In the case of application by a corporation, the application shall
state the names and addresses of, and the amount of stock held by
all stockholders holding one or more percent of any stock thereof,
of all officers and of all members of the Board of Directors or any
holder directly or indirectly of 10% or more in beneficial interest
of the stock of the corporation and all persons so named shall answer
the questions contained in the application. No license shall be issued
unless all of the persons named in the application qualify as individual
applicants.
d.
All applications shall be duly sworn to by each of the applicants,
except in the cases of applications by corporations which shall be
duly sworn to by the president or vice-president. All statements in
the applications required by this section shall be deemed material
and any person who shall knowingly misstate any material fact shall
be guilty of a violation of this section.
[1982 Code §§ 4-3.4, 17-3.3; Ord. No. 8-9-83; Ord. No. 8-23-83; Ord. No. 4-92; Ord. No. 1-94; Ord. No.
8-94; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 4-99 § 1; Ord.
No. 02-00 § 1; Ord. No.
01-01 § 1; Ord. No. 02-02 § 1]
Fees shall be paid at the time application is made and shall
be as set forth in the Borough Fee Schedule Ordinance found in the
office of the Borough Clerk.
[1982 Code § 4-3.5]
Upon submission of the application and payment of the required
fee to the Borough Clerk, the Clerk shall refer the application to
the Chief of Police who shall make, or cause to be made, an inspection
of the premises and an investigation of the application statements.
After investigation and inspection the Chief of Police shall make
a written report approving or disapproving the application and file
the report with the Borough Clerk.
If the Chief of Police shall disapprove the application, he
shall state in the report the reasons therefor. The Borough Clerk
shall then present the application and the Chief's report to
the Mayor and Council. If the Mayor and Council approve the application
they shall direct the Borough Clerk to issue the license. If the Council
should disapprove the application it shall direct the Borough Clerk
to return the license fee to the applicant together with the application
upon which he shall endorse the fact of disapproval and the date thereof.
[1982 Code § 4-3.6]
The number of licenses to operate a public pool room or billiard
parlor shall be limited to eight, and no pool room or billiard parlor
shall have more than 10 pool tables or billiard tables or a combination
of both.
[1982 Code § 4-3.7]
The term of the license shall be for one year, to commence on
January 1 in each year and may be renewable annually.
[1982 Code § 4-3.8]
The Borough Council in addition to any penalty imposed upon
a licensee for violation of this section, may, on hearing, suspend
or revoke the license heretofore granted to such licensee for the
following reasons:
a.
Any violation of this section.
b.
Conviction of the licensee of any crime.
c.
Deliberate misstatement of any material fact in the application for
such license.
d.
Any condition which may arise from the operation of the business
which the Council in its discretion deems detrimental to the general
good and welfare of the Borough including constituting a nuisance,
disturbing the peace or annoyance to adjoining property owners.
In the event of the revocation of any license for any reason
aforesaid, no refund shall be made to the licensee.
[1982 Code § 4-3.9]
Prior to the above mentioned hearing, the Council shall issue
and cause to be served upon the licensee either personally or by certified
mail addressed to the residence of the applicant as set forth in his
license application, a written complaint stating the charge against
the licensee and containing a notice that a hearing respecting the
charge shall be held before the Council at a time and place therein
fixed not less than 10 days nor more than 30 days after the service
of the complaint and notice. The licensee shall have the right to
file a written answer to the complaint with the Borough Clerk within
five days of the date set for hearing and to appear in person, by
counsel or otherwise and give testimony at the time and place fixed
in the complaint and notice. The rules of evidence prevailing in courts
of law or equity of this State shall not be controlling in hearings
before the Council.
[1982 Code § 4-3.10]
a.
All applications for transfers of licenses to other premises shall be made in writing on forms furnished by the Borough Clerk, signed and sworn to by the licensee. Information with reference to the premises to which a transfer of license is sought, as required by subsection 4-5.3 shall be set forth in connection with an original application for license as to such premises.
b.
All applications for transfers of licenses to other persons shall be made in writing on forms furnished by the Borough Clerk, shall be signed and sworn to by the person seeking the transfer and shall bear the consent to such transfer by the licensee. Application shall be presented to the Borough Clerk and shall set forth the same information with reference to the persons to whom the transfer is sought as required by subsection 4-5.3, which was included in the original application for a license.
c.
Transfers of licenses both as to person and place may be applied
for simultaneously and in a single application; but the license shall
not be transferred to the applicant if the place to place transfer
is denied.
d.
All statements in the applications required by this section shall
be deemed material and any person who shall knowingly misstate any
material fact shall be guilty of a violation of this section.
[1982 Code § 4-3.11]
No license to operate a public pool room or billiard parlor
shall be issued or transferred wherein the premises to be licensed
is located within 200 feet of any church, hospital or school. The
distance shall be measured from the nearest entrance of any church,
hospital or school to the nearest entrance of the premises sought
to be licensed in the normal way that a pedestrian would properly
walk.
[1982 Code § 4-3.12]
No licensee, agent, servant, or employee of a licensee, shall
allow, suffer, permit, or cause to allow, suffer or permit:
a.
The licensed premises to be or remain open for business on Sunday
between the hours of 12:00 midnight and 1:00 p.m. and between the
hours of 12:00 midnight and 9:00 a.m. on Monday to Saturday inclusive.
b.
A minor under the age of 16 years, unaccompanied by a parent or guardian,
to play in or at the licensed premises the games commonly known as
pool or billiards or games of a similar nature, or to frequent or
lounge or congregate or gather therein or in or about the front of
the licensed premises.
c.
A minor over the age of 16 years and under the age of 18 years, unless
accompanied by a parent or guardian, to play in or at the licensed
premises after the hour of 9:00 p.m. the games commonly known as pool
or billiards or games of a similar nature, or to frequent or lounge
or congregate therein or in or about the front of the licensed premises.
d.
Any gambling in any form in or at the licensed premises.
e.
Any person under the age of 18 years to be employed in any capacity
in or at the licensed premises.
f.
Any intoxicated or disorderly person to be admitted to the licensed
premises or to remain therein or to loiter in or about the front of
the licensed premises.
[1982 Code § 4-4.1]
As used in this section:
Shall mean any machine, whether operated mechanically, electrically
or by other means, or regardless of whether or not it registers, scores
or tallies, which, upon the insertion of a coin, slug, token, plate,
disc or key may be operated by the general public as a game for entertainment
or amusement. Examples of mechanical amusement devices include marble
machines, pinball machines, bagatelle, skill ball and mechanical grab
machines. The preceding list is intended to be illustrative only,
and the term mechanical amusement device shall include all games,
machines or devices of a similar nature regardless of what names are
given to them.
This section shall not apply to mechanical amusement devices
which are not operated for profit.
[1982 Code § 4-4.2]
No person shall install, place, maintain, operate or possess
in any store, building or place, wherein the public is invited or
may enter, or in any building, store or other place wherein any club
or organization meets or maintains quarters, any automatic or mechanical
coin-operated machine, game or device of skill or entertainment, vending
machine or juke box which is operated or set in motion by the deposit
therein of any coin, token or slug within the Borough, without first
applying for and obtaining a license therefor.
[1982 Code § 4-4.3]
The application for each license required shall be filed with
the Borough Clerk and shall show the name and address of the applicant,
his age, and the place where the machine, game or device is to be
displayed or operated, and the nature of any business, if any, conducted
at such address.
[1982 Code §§ 4-4.4, 17-3.3; Ord. No. 8-23-83]
a.
A license shall be issued for each premises in the name of the proprietor
where the machine is to be installed and showing the number, name,
serial number of each machine or device listed and approved in the
application. Such license shall be issued for a period of one year
only, from the date of approval by the Mayor and Council. The Borough
Clerk shall be responsible for maintaining an up-to-date register
of all licensed mechanical amusement devices and shall issue gummed
labels or stickers for each such device licensed, containing a Borough
serial number and the serial number and name of the machine or device
and shall affix the official seal of the Borough of Jamesburg thereto.
b.
The licensee shall be responsible for affixing and maintaining each
label or sticker to the properly licensed device or machine. In the
event of a lost, stolen or defaced label or sticker, the licensee
shall be responsible for obtaining a duplicate from the office of
the Borough Clerk. The fee for a duplicate label or sticker shall
be $2.
[1982 Code §§ 4-4.5, 17-3.3; Ord. No. 8-9-83; Ord. No. 8-23-83; Ord. No. 4-92; Ord. No. 1-94; Ord. No.
8-94; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 4-99 § 1; Ord.
No. 02-00 § 1; Ord. No.
01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
The license fee for each juke box and each automatic or mechanical
coin-operated game or amusement or vending machine shall be as set
forth in the Borough Fee Schedule Ordinance on file in the office
of the Borough Clerk.
[1982 Code §§ 4-4.6, 17-3.3]
a.
If the licensee of any such machine shall transfer his place of business
to a different location within the Borough, the license for any one
or more machines transferred to the new place of business may also
be transferred for the remainder of the license year, upon application
to the Borough Clerk. The fee for a place-to-place transfer shall
be $5.
b.
A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description, name and serial number of the new machine or device. The Clerk shall then issue a new gummed label or sticker, as specified in subsection 4-6.4. The fee for a machine-to-machine transfer shall be $2.
[1982 Code § 4-4.7]
No mechanical amusement device shall be located in any premises
within 200 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.
[1982 Code § 4-4.8; Ord. No. 8-23-83]
No establishment containing mechanical amusement devices shall
permit them to be operated between the hours of 12:00 midnight and
9:00 a.m.
With the exception of that device, commonly known as a "juke
box," the purpose of which is the reproduction of recorded or taped
music, no person shall permit a minor under the age of 16 years to
play or operate any of the devices or machines licensed by this section
between the school hours of 8:00 a.m. and 3:30 p.m. on Monday through
Friday when the Jamesburg Elementary Schools are in session, including
the lunch period.
[1982 Code § 4-4.9; Ord. No. 8-23-83]
a.
The license shall be permanently and conspicuously posted on the
premises.
b.
No such device or machine as specified in this section shall be placed,
operated, maintained or used in any back room, side room or building
appendage hidden from full view of the general public.
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 free games resulting from the participants skill
and ability to reach a numerical score, the amount of which shall
be posted on each device or machine.
d.
No person holding a license under this section shall permit or allow
the playing of juke boxes anywhere within the Borough between the
hours of 1:00 a.m. and 6:00 a.m. on any day.
e.
No licensee 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.
f.
All licensed premises shall be supervised at all times during the
hours that they are open for business in order to maintain order.
g.
The Chief of Police shall issue regulations to members of his department
for the routine and timely observations of the licensed premises and
to insure that devices or machines are properly licensed. A written
report from the Chief of Police shall be made to the Mayor and Council,
at least two times each calendar year, indicating that premises and
machines have been inspected and are in conformance with this section
and the provision thereof.
[1982 Code § 4-4.10; Ord. No. 8-23-83]
Nothing in this section shall be construed to authorize any
gambling device of any kind whatsoever, including any device that
disperses 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 Chief
of Police 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 revoked. Revocation of license and seizure of the machine
shall be in addition to any other penalty which may be imposed for
violation of this section.
[1982 Code § 4-4.11]
Any license issued under the provisions of this section shall
be subject to revocation should the licensee directly permit the operation
of any such machine, contrary to the provisions of this section or
of any other ordinances of the Borough, or of the laws of the State
of New Jersey. Such license may be revoked by the Borough Council
after written notice shall have been given to the licensee, with a
specification as to the ordinance or law violations with which the
licensee is charged. The notice shall notify the licensee of a hearing
regarding the alleged violation or violations not less than 10 days
prior to such hearing. The licensee and his attorney may be present
and may submit evidence of witnesses in the defense of the licensee.
[1982 Code § 4-4.12; New]
[Ord. No. 13-86; Ord. No. 12-06 § 1]
This section is for the purpose of regulating all games of chance,
held, operated or conducted within the Borough, pursuant to the acts
of the Legislature of the State of New Jersey, known as the Bingo
Licensing Law and the Raffles Licensing Law, and in accordance with
the rules and regulations issued or to be promulgated by the Legalized
Games of Chance Control Commission in the Department of State of the
State of New Jersey. All applications, licenses, and proceedings in
connection therewith shall be subject to the provisions of the acts
and rules and regulations and to any laws, rules and regulations hereafter
enacted and shall be further subject to the provisions of this section.
The Municipal Clerk is hereby delegated the authority to act as the
"issuing authority" to approve the granting of raffle and bingo licenses.
[Ord. No. 13-86]
a.
Hours. No license authorized by law shall 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 11:00 a.m.
and 3:00 a.m., these hours to be governed by Eastern Standard Time
and Daylight Saving Time when in effect in the Borough.
Pursuant to the provisions of N.J.S.A. 5:8-53, legalized games
of chance may be conducted in the Borough by duly licensed organizations
between the hours of 1:00 p.m. and 3:00 a.m. on Sunday.
b.
Organization Eligible for License. No license to conduct a game of
chance as authorized by law shall be issued to any organization not
having a bona fide situs established in good faith within the State
of New Jersey and actively engaged in serving one or more of the authorized
purposes as defined by the rules and regulations of the Legalized
Games of Chance Control Commission.
[1982 Code § 4-8.1]
As used in this section:
Shall mean the Chief of Police of the Borough of Jamesburg.
Shall mean any parade, march, ceremony, show, exhibition,
assembly, pageant or procession of any kind, or any similar display
in or upon any street, park or other public place in the Borough.
Shall mean a permit as required by this section.
[1982 Code § 4-8.2]
No person shall engage in, participate in, aid, form or start
any parade unless a parade permit shall have been obtained from the
Chief of Police. This section shall not apply to funeral processions,
students going to and from school classes or participating in educational
activities under the immediate direction and supervision of the proper
school authorities, or a governmental agency acting within the scope
of its functions.
[1982 Code § 4-8.3]
A person seeking issuance of a parade permit shall file an application
with the Chief of Police not less than 20 days, nor more than 30 days,
before the date on which the parade is scheduled to be held. The application
shall set forth the following:
a.
The name, address and telephone number of the person seeking to conduct
the parade.
b.
If the parade is proposed to be conducted for, on behalf of, or by
an organization, the name, address and telephone number of the headquarters
of the organization, and of the authorized and responsible heads of
the organization.
c.
The name, address and telephone number of the person who will be
the parade chairman and who will be responsible for its conduct.
d.
The date when the parade is to be conducted.
e.
The route to be traveled: the starting point and the termination
point.
f.
The approximate number of persons, animals and vehicles which will
constitute the parade; the type of animals and a description of the
vehicles.
g.
The hours when the parade will start and terminate.
h.
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
i.
The location, by streets, of any assembly areas for the parade.
j.
The time at which units of the parade will begin to assemble at the
assembly area or areas.
k.
The interval of space to be maintained between units of the parade.
l.
If the parade is designed to be held by, on behalf of or for any
person other than the applicant, the applicant for the permit shall
file with the Chief of Police a communication in writing from the
person proposing to hold the parade authorizing the applicant to apply
for the permit on his behalf.
m.
Any additional information which the Chief of Police shall find reasonably
necessary to a fair determination as to whether a permit should be
issued.
[1982 Code § 4-8.4]
The Chief of Police shall issue a permit, as provided for hereunder,
when, from a consideration of the application and from other information
as may otherwise be obtained, he finds that:
a.
The conduct of the parade will not substantially interrupt the safe
and orderly movement of other traffic contiguous to its route.
b.
The conduct of the parade will not require the diversion of so great
a number of Police Officers of the Borough to properly police the
line of movement and the areas contiguous thereto as to prevent normal
police protection of the Borough.
c.
The conduct of the parade will not require the diversion of so great
a number of ambulances as to prevent normal ambulance service to portions
of the Borough, other than that to be occupied by the proposed line
of march and areas contiguous thereto.
d.
The concentration of persons, animals and vehicles at assembly points
of the parade will not unduly interfere with proper fire and police
protection of, or ambulance service to, areas contiguous to the assembly
areas.
e.
The conduct of the parade will not interfere with the movement of
fire-fighting equipment enroute to a fire.
f.
The parade is scheduled to move from its point of origin to its point
of termination expeditiously and without unreasonable delays enroute.
g.
The parade is not to be held for the sole purpose of advertising
any product, goods or event, and is not designed to be held purely
for private profit.
[1982 Code § 4-8.5]
The Chief of Police shall act upon the application for a parade
permit within 10 days after the filing thereof. If the Chief of Police
disapproves the application, he shall mail to the applicant within
10 days after the date upon which the application was filed a notice
of his action, stating the reasons for his denial of the permit.
[1982 Code § 4-8.6]
Any person aggrieved shall have the right to appeal the denial
of a parade permit to the Mayor and Council. The appeal shall be taken
within five days after notice. The Mayor and Council shall act upon
the appeal within two days after its receipt.
[1982 Code § 4-8.7]
The Chief of Police, in denying an application for a parade
permit, shall be empowered to authorize the conduct of the parade
on a date, at a time, or over a route different from that named by
the applicant. An applicant desiring to accept an alternate permit
shall, within five days after notice of the action of the Chief of
Police. file a written notice of acceptance with the Chief of Police.
An alternate parade permit shall conform to the requirements of, and
shall have the effect of a parade permit under this section.
[1982 Code § 4-8.8]
Immediately upon the issuance of a parade permit, the Chief
of Police shall send a copy thereof to the Mayor, Borough Attorney,
Fire Chief, Postmaster and general manager or responsible head of
each transportation utility, the regular routes of whose vehicles
will be affected by the route of the proposed parade.
[1982 Code § 4-8.9]
Each parade permit shall state the following information:
a.
Starting time.
b.
Minimum speed.
c.
Maximum speed.
d.
Maximum interval of space to be maintained between the units of the
parade.
e.
The portions of the streets to be traversed that may be occupied
by the parade.
f.
The maximum length of the parade in miles or fractions thereof.
g.
Any other information which the Chief of Police shall find necessary
to the enforcement of this section.
[1982 Code § 4-8.10]
[1982 Code § 4-8.11]
The parade chairman or other person heading or leading such
activity shall carry the parade permit upon his person during the
conduct of the parade.
[1982 Code § 4-8.12]
a.
Interference. No person shall unreasonably hamper, obstruct or impede,
or interfere with any parade or parade assembly or with any person,
vehicle or animal participating or used in a parade.
b.
Driving Through Parades. No driver of a vehicle shall drive between
the vehicles or persons comprising a parade when the vehicles or persons
are in motion and are conspicuously designated as a parade.
c.
Parking on Parade Route. The Chief of Police shall have the authority,
when reasonably necessary, to prohibit or restrict the parking of
vehicles along a highway or part thereof constituting a part of the
route of a parade. The Chief of Police shall post signs to that effect,
and it shall be unlawful for any person to park or leave unattended
any vehicle in violation thereof. No person shall be liable for parking
on a street unposted in violation of this section.
[1982 Code § 4-8.13]
The Chief of Police shall have the authority to revoke a parade
permit issued hereunder upon application of the standards for issuance
as herein set forth.
[1982 Code § 4-8.14; New]
[Ord. No. 14-08]
The purpose and intent of this section is to enable the Borough
of Jamesburg and its Governing Body to have control over the type
and scope of special events to be held within the confines of the
Borough, while insuring the protection of the interest of those in
the community upon whom such special events shall impact.
[Ord. No. 14-08]
Any person or organization desiring to hold any concert, race,
walkathon, fair, carnival, celebration, sporting event, show, or any
event which involves festival seating, or any other similar event
in or upon any public grounds or private property, park or road of
the Borough of Jamesburg, must first apply for and obtain a special
events permit in accordance with the requirements of this section.
[Ord. No. 14-08]
a.
A person or organization seeking issuance of a permit hereunder shall
file an application with the Municipal Clerk, on a form to be provided
for that purpose, on which form the applicant shall furnish pertinent
information to include but not limited to the following:
1.
The name, address and telephone number of the applicant.
2.
The name, address and telephone number of the person or persons,
corporation, organization or association sponsoring the activity.
3.
A detailed description of the proposed event and a sketch that shows
the area or route to be used, along with proposed structures, tents,
fences, barricades, signs, banners and restroom facilities, more commonly
referred to as a "footprint."
4.
The date(s) and hours for which the permit is desired.
5.
The location of the event for which the permit is desired, and complete
details as to how the applicant intends to provide for security, traffic
control, site cleanup, separation of recyclables and disposal of trash
and debris.
6.
The number of attendees, participants, spectators, contestants and/or
other people that are reasonably anticipated to attend the event.
7.
A detailed description of the Borough's resources or services
that shall be required to be provided in connection with the event.
8.
Any applicant
claiming status as a nonprofit organization shall be required to provide
the necessary documentation to that effect.
b.
Upon verification that the application is complete, the Municipal
Clerk shall submit to the appropriate Councilmatic committee for preliminary
review. The committee may require the applicant to supplement its
application with any pertinent documentation that may be of assistance
to the committee. The committee shall make a recommendation to the
Mayor and Council. The Mayor and Council will make the final decision
on the approval of the application. Issuance of a permit may be subject
to such conditions and restrictions as may be determined necessary
by the Mayor and Council.
c.
All completed applications must be submitted to the Municipal Clerk at least 60 days prior to the desired event unless the application is for a special event of the type covered by subsection d below.
d.
Permits for public gatherings and assemblies protected by the First
Amendment to the United States Constitution and the New Jersey State
Constitution shall receive expedited review. Such permits shall be
granted or denied by the Business Administrator, acting on behalf
of the Mayor and Council, within five business days of receipt of
a fully completed application. The application must clearly state
that it is for a constitutionally protected activity and must be hand
delivered directly to the Business Administrator.
[Ord. No. 14-08]
The special event permit application fee shall be set forth
in the Schedule of Fees Ordinance. The application fee is nonrefundable.
Other fees may be required as determined by the Mayor and Council
to be necessary depending on the nature and extent of the proposed
activity. These fees may include the cost of providing municipal services
for the proposed event. The resolution authorizing the special event
shall set forth all other required fees to be paid by the applicant.
All required fees shall be due and payable 10 days prior to the event.
Failure to pay such fees within the prescribed time period shall void
the approval. In addition to the fees payable prior to each event,
the applicant shall be required to pay for any additional unanticipated
expenses which were occasioned or became necessary during or after
the event, as a direct result of the event.
[Ord. No. 14-08]
The standards for the issuance of a permit pursuant to this
section shall include but shall not necessarily be limited to the
following findings:
a.
That the proposed event will not unreasonably interfere with or detract
from the general public's enjoyment of public parks, roadways
or facilities to be utilized.
b.
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
c.
That the proposed activity and uses that are reasonably anticipated
will not likely include violence, crime or disorderly conduct.
d.
That the facilities desired have not been reserved for other use
at the date and time requested in the application.
e.
That the applicant will maintain the premises in the same condition
which existed prior to the event.
[Ord. No. 14-08]
The standards for denial of a permit pursuant to this section
shall include but shall not be limited to the following:
a.
That the proposed event will disrupt traffic within the Borough beyond
practicable solutions.
b.
That the location of the event will cause undue hardship to adjacent
property owners.
c.
That the proposed event will require the diversion of so many public
employees that allowing the event would unreasonably deny service
to, or jeopardize the safety of, the remainder of the Borough's
residents.
d.
That the application contains incomplete or inaccurate information,
or that the applicant has failed or refused to provide necessary or
requested information upon request from the Borough.
e.
That the application fails to comply with all the terms and conditions
of this section.
[Ord. No. 14-08]
a.
Responsibility.
1.
It shall be the permit applicant's responsibility to secure
all necessary other permits, licenses and/or approvals which may be
required (i.e. by State, local or other outside agencies), in conjunction
with the proposed event.
2.
All permit applicants shall assume all risks associated with premature
advertisement of any event prior to the time of issuance of a permit
by the Mayor and Council, as well as any and all costs which may have
been expended prior to the time of official approval of the application
by the Mayor and Council.
3.
All permit holders shall be required to abide by all requirements
set forth in the permit, as well as all Borough ordinances, State
Statutes (including but not limited to the New Jersey Riot Act, N.J.S.A.
2C:33-1 et seq.), and all other rules and regulations which may be
applicable to the event.
4.
All permit holders shall be responsible for any and all additional
costs that are incurred as a result of the event, including costs
which may have been unforeseen at the time the permit was issued but
which became necessary.
5.
Any personnel provided by the Borough in connection with any special
event sponsored by an outside party shall not be considered employees
or agents of the outside party. If emergency services are required
for any special event, then only Jamesburg's emergency personnel
may be utilized.
b.
Liability; Performance Guarantees/Security Deposit.
1.
All permit holders shall be liable for all losses, damages and/or
injuries sustained by any person whatsoever by reason of the event
or activities associated with the event.
2.
The terms of this section shall not be construed as imposing upon
the Borough of Jamesburg or its officers or employees any liability
or responsibility for any injury or damage to any person in any way
connected to the use for which the permit was issued. The Borough
and its official and employees should not be deemed to have assumed
any liability or responsibility by reason of any inspections performed,
the issuance of any permits, or the approval for use of any Borough
property in connection with a permit issued hereunder.
3.
All permit holders shall assume full responsibility for the acts
and conduct of all persons admitted to the event by or with the consent
of the permit holder, or any person acting for or on behalf of the
permit holder.
4.
If any portion of Borough property or other premises where the event
is held is damaged by the act or omission of the permit holder, or
by the permit holder's agents, employees, patrons, customers,
guests, invitees, or any other person admitted to the premises by
the permit holder, the permit holder shall be responsible for all
costs associated with the restoration of the property or premises
to the condition that existed prior to the occurrence of such damage.
The amount of such damage shall be considered an additional fee.
5.
A performance bond issued by a surety company acceptable to the Borough
or a cash security deposit sufficient to cover any damages occasioned
as a result of the special event may be required by the Mayor and
Council. Additionally, a cash security deposit may be required to
ensure compliance with all terms and conditions imposed by the Mayor
and Council in connection with the issuance of the permit.
c.
Insurance Coverage. All permit holders must submit minimum liability
insurance coverage in an amount to be determined by the Mayor and
Council, depending on the size and nature of the event planned. The
Borough of Jamesburg, its officers, employees, agents and representatives
must be named as additional insured parties on the policy.
d.
Indemnification. All permit holders shall defend, indemnify and hold
the Borough of Jamesburg, its officers, employees, contractors, agents
and representatives harmless from and against any and all liability
for claims, demands, damages, suits, judgments, fines, losses and
expenses, of any nature, which are sustained as a result of the event,
and shall execute an indemnification and hold harmless agreement in
a form acceptable to the Borough prior to the event.
[Ord. No. 14-08]
All permits issued pursuant to this section shall be temporary
and do not invest any permanent or continuing rights. No permit issued
pursuant to this section shall convey any right, interest or title
in any Borough property to the permit holder. Any permit may be revoked
at any time by the Business Administrator, acting on behalf of the
Mayor and Council, for violation of the conditions for which the permit
was issued, or for violation of any ordinance which relates to the
conducting of the event, or for any violation of the terms of this
section, or when the event is found not to be in the best interests
of the Borough, or for other good cause shown.
[Ord. No. 14-08]
a.
Offenses. A person commits an offense if he or she:
b.
Penalty. A person who violates a provision of this section shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued and shall be liable, upon conviction, to the penalty as stated in Chapter 1, Section 1-5 of the Revised General Ordinances of the Borough of Jamesburg, or as provided by State Statute.
[1982 Code § 4-5.1]
Shall mean companies of performers for the public for money,
who travel from one community to another, or others. These shall not
include performers of theatre, drama and concerts who exhibit performances
in communities other than Jamesburg and also exhibit performances
in theatres or other enclosed places in Jamesburg.
[1982 Code § 4-5.2]
No carnival, circus or traveling show shall be opened or operated
in the Borough unless and until a license has been issued in accordance
with this section.
[1982 Code § 4-5.3]
a.
No license for a carnival, circus or traveling show shall be considered
or issued until a written application has been signed by the person
desiring to operate such circus or show and the application filed
with the Borough Clerk. The proper fee shall be paid to the Clerk
and copies of the application shall be filed with the Police Department,
the Fire Department and Board of Health. The aforesaid boards shall
submit their comments concerning the application to the Mayor and
Council prior to the issuance of any approval by the Mayor and Council.
b.
The license application and proper fee shall be delivered to the
Borough Clerk at least 30 days before the Borough Council meeting
at which the application is to be considered.
c.
All such applications shall be made on forms to be provided by the
Borough.
d.
The application shall state the names and addresses of all parties
interested in and intended to benefit from the contemplated profits
of the venture and the amount of percentage thereof shall further
state:
1.
The date or dates and the hours during which the licensed activity
shall be conducted.
2.
A list of all the games, attractions, contests or performances that
shall be included in the activity to be conducted, a general description
of each and, if not operated by the licensee or his employees, the
name and address of the concessionaire or other person operating them.
3.
A description of the off-street parking and sanitary facilities available
at the location at which the activity is to be conducted.
4.
Appropriate evidence that the licensee has made adequate provision
for the payment of workmen's compensation to any of his employees
who shall be injured as required by N.J.S.A. 34:17-71.
If the stated beneficiary of any part of the profits is a charitable,
patriotic, or religious group, body or corporation of the Borough,
its proper officers shall approve the application and verify the statements
made in the application in writing.
e.
The premises at which the licensed activity is to be conducted shall
be inspected by the Chief of Police or a public officer designated
by him to determine if there is adequate off-street parking available,
and that the licensed activity can be conducted without undue interference
with vehicular or pedestrian traffic on public streets.
[1982 Code § 4-5.4]
Upon receiving the reports of the results of the investigations,
the Borough Clerk shall transmit them, together with the information
contained in the application for the license, to the Mayor and Council.
The Mayor and Council shall approve or disapprove the application
within a reasonable time. Upon the approval of the Mayor and Council,
the Clerk shall immediately issue the license. The license shall be
valid only on the date or dates and during the hours set forth in
the application.
[1982 Code §§ 4-5.5; 17-3.3; Ord. No. 02-00 § 1; Ord.
No. 01-01 § 1; Ord. No.
02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
The fee for traveling shows/circus and as set forth in the Borough
Schedule of fees as found on file in the office of the Borough Clerk.
The total amount of the fee shall accompany the application. If the
application is denied, $5 of the tendered fee shall be retained by
the Borough as a processing fee for checking the application, the
applicant and incidental clerical work.
Any religious, charitable, educational or fraternal organization
sponsoring any carnival, circus or traveling show may apply to the
Mayor and Council for exemption from the payment of such fee.
[1982 Code § 4-5.6]
Each application shall contain the written consent of the owner
of the site where the carnival, circus or traveling show is proposed
to be conducted.
[1982 Code § 4-5.7; New; Ord. No.
03-06 § 1]
Each applicant for a license shall deposit with the Borough Clerk at the time of filing the application a cash bond in the amount for traveling shows, circuses and carnivals as set forth in the Borough Schedule of fees on file in the office of the Borough Clerk to guarantee that upon the expiration of the license, the licensed premises and the adjacent public roads and immediate vicinity of the licensed premises shall be broom cleaned within 48 hours after the conclusion of the event. The Borough Clerk shall return the bond to the applicant after he is satisfied that the area has been broom cleaned. In the event the area has not been broom cleaned to the Borough's satisfaction, the bond shall be forfeited, and the applicant shall be subject to the penalties provided in Chapter 1, Section 1-5.
[1982 Code § 4-5.8]
The following shall be prohibited on any licensed premises:
a.
Gambling. Gambling, betting, wagering, or other violation of law.
The duty to keep the licensed premises free from such illegal activities
is hereby imposed upon the licensee as a condition of any license
to be issued.
b.
Noise. Loud noise, talk or music to the annoyance of any person.
c.
Profanity. Profane or indecent talk.
d.
Unlawful Enterprises. Any business or practice which is in violation
of any law of the State of New Jersey or any ordinance of this Borough.
[1982 Code § 4-5.9]
Each licensee shall be responsible for any and all acts of his
agents and employees on the licensed premises.
[1982 Code § 4-5.10]
Any violation of any one or more of such rules shall be sufficient
grounds for suspension of any license. The Borough shall reserve the
right to suspend a license upon reasonable grounds of a probable violation
of one or more of such rules by licensee or his agent or employee.
[1982 Code § 4-5.11]
The Chief of Police or his immediate subordinate shall have
the right to revoke any license for a violation of any of such rules.
The licensee shall be accorded a public hearing on no more than five
days' notice after revocation.
[1982 Code § 4-5.12]
The following shall be exempt from the provisions of this section
and shall not need a license hereunder:
a.
Athletic events such as football, baseball, softball, basketball
and similar events shall not require a license hereunder.
b.
Any enterprise managed or controlled by a Borough license operating
under regulations issued by the State Division of Alcoholic Beverage
Control Commission or Legalized Games of Chance Control Commission
shall not require an additional license hereunder.
[1982 Code § 4-6.1]
As used in this section:
Shall mean any location, yard, covered or uncovered, or place
in the Borough kept, maintained or used for the purpose of buying
and selling, exchanging or storing, rags, old metals, old bottles,
old vehicles unfit for reconditioning, dismantled old motor vehicles
or parts thereof, used motor vehicles or parts thereof, used motor
vehicle parts, motor vehicle junk, old glassware, old plumbing fixtures,
old lumber, unregistered motor vehicles unfit for reconditioning or
any other material commonly called junk.
[1982 Code § 4-6.2]
No person shall operate or maintain or establish a junk yard
or engage in the business of keeping a junkyard within the Borough
without having first applied for and obtained a license from the Borough
Council.
[1982 Code §§ 4-6.3, 17-3.3; Ord. No. 1-98; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord.
No. 23-03 § 1; Ord. No.
03-05 § 1; Ord. No. 03-06 § 1]
The annual license fee for each license shall be as set forth
in the Borough Fee Schedule Ordinance on file in the office of the
Borough Clerk, and no part thereof shall be prorated.
[1982 Code § 4-6.4; New]
a.
No license shall be granted for any junkyard that is not operated
within the limits of the property described in the application and
in compliance with the Zoning Regulations. No junkyard shall be located
on a tract of land less than two acres in area nor occupy an area
greater than 10 acres.
b.
Every junkyard shall be enclosed by either a cyclone or other fence
approved by the Borough Council, seven feet high, provided with substantial
gates secured with locks, and the fence shall be so located as to
conform to the building setback lines provided in the current zoning
regulations. The property shall be screened from view by means of
adequate shrubs or other plantings.
c.
No junk shall be permitted to accumulate or be placed, stored or
deposited in the open, but shall be stored, accumulated or placed
only within the area consisting of the junkyard as described in the
application and shall be located inside the fence herein required.
[1982 Code § 4-6.5]
No business shall be conducted at any junkyard before 7:00 a.m.
or after 9:00 p.m. During the time the junkyard is closed, all doors
and other openings affording access thereto shall be securely locked.
[1982 Code § 4-6.6]
Any junk or other waste matter that may be burned in connection
with any junkyard shall be burned in accordance with all Federal,
State and municipal laws and so that smoke or noxious fumes or odors
emanating therefrom may be dissipated without annoyance to the residents
in the neighborhood.
[1982 Code § 4-6.7]
a.
Proper precaution shall be taken to prevent rats, mice or other vermin
or insects from being harbored or bred in the junkyard.
b.
Every person licensed under this section shall at all times maintain
the licensed premises in a safe and sightly manner with due regard
to the public safety and health.
c.
All junk, particularly old cars, shall be so placed and arranged
that fire lanes at least 20 feet wide are always open affording ingress
and egress to all areas of the junkyard for fire-fighting equipment.
[Added 5-20-2020 by Ord. No. 04-20]
The purpose of this section is to properly control mobile retail
food establishments in order to prevent and discourage undesirable
business practices; to help protect the public from fraud; to permit
the activity regulated to a limited degree in consideration of the
density of population, size of streets and public rights-of-way; and
to promote the health, safety and welfare of the residents of the
Borough of Jamesburg.
As used in this section:
Shall mean any movable restaurant, truck, van, trailer, cart,
bicycle or other motor vehicle or movable unit in or on which food
or beverage is transported, stored or prepared for retail sale at
temporary locations.
As defined under New Jersey motor vehicle laws, shall mean
any vehicle propelled or drawn by mechanical or electrical equipment
used for transportation of people or goods.
Shall mean an individual, partnership, corporation, trust,
joint venture, association, society, church, congregation or other
organization.
Shall mean the act of selling, holding out for sale, exchange,
transfer, advertising or delivery.
No person shall operate a mobile retail food establishment within
the Borough of Jamesburg except in compliance with the provisions
of this section. With the exception of Borough authorized special
events, it shall be unlawful for any person to conduct a mobile retail
food establishment in the Borough unless they have been issued a license
pursuant to this section. Licenses shall be issued on a first-come,
first-served basis by the Borough. The number of licenses that may
be issued and in effect during any twelve-month period shall not exceed
three. No person shall be issued more than one license.
Any mobile retail food establishment that is issued a license
pursuant to this section shall be assigned a specific location for
the operation of its business by the Borough. With the exception of
Borough-authorized special events, licensed mobile retail food establishments
shall not be permitted to operate at any location(s) within the Borough
other than that which is specified as part of its license.
Mobile retail food establishments shall be limited in size to
a maximum length of 30 feet.
a.
Application for a license for a mobile retail food establishment
shall be made, in writing, on a form to be provided by the Borough
of Jamesburg. It shall require that the applicant and every employee
shall provide two photographs, taken within 30 days of the application,
of a size approximately 2 1/2 inches by 2 1/2 inches on
thin paper having a white or beige background clearly showing a frontal
view of the applicant's face and his/her employee's face,
one of which is to be attached or posted to the application.
b.
In addition, such application for license shall require that the
applicant provide the following information:
1.
Name of applicant. If the applicant is an entity other than a natural
person, then the name of the primary individual who shall be operating
the mobile retail food establishment shall be provided, and the responses
set forth below shall relate to said individual.
2.
Specific address for the past three years.
3.
Date and place of birth and citizenship.
4.
Arrests or convictions, within the past 10 years, of any crime or
disorderly persons offense, or of any municipal ordinance or regulation.
5.
Description of all items to be sold.
6.
Description of trailer, vehicle or other unit to be used; photo,
current vehicle insurance, liability insurance and registration for
the trailer, vehicle or other unit to be utilized.
a.
The term of each license issued under this section shall be for one
year. Licenses may be renewed for successive annual terms during the
time period between January 1 and January 31 of each year.
b.
There shall be an annual fee for each license in the amount of $500,
which fee shall not be prorated. The annual fee shall be in addition
to all other required fees, including but not limited to the fees
associated with a food handler's license, fire inspection and
County Health Sanitation.
a.
Each application for a license shall be made to the Zoning Officer
of the Borough of Jamesburg, who shall review the application to confirm
that it is complete in all respects, including payment of the required
license fee.
b.
Once the Zoning Officer has determined that an application is complete,
then he/she shall forward same to the Police Department for an investigation.
c.
Upon satisfactory completion of the Police Department investigation,
the license shall be issued to the applicant by the Municipal Clerk.
If the investigation produces unsatisfactory findings, then the applicant
shall be notified of the denial of its application and the reason(s)
therefor.
d.
Any unsuccessful applicant may file an appeal to the Mayor and Council
within 10 days following the applicant's receipt of a written
notice of denial from the Borough. The Mayor and Council's determination
shall be final and binding upon the applicant.
a.
Each license issued by the Municipal Clerk shall set forth the specific
type(s) of food and beverage(s) authorized to be sold, the location
for the same, the name of each employee and the expiration date of
the license.
b.
No person shall engage in any activity except that which is permitted
under the license and at the location specified therein. Upon granting
of the license, each licensee shall be required to prominently display
said license on the trailer, vehicle or other unit employed to transact
its business.
c.
No license may be transferred from one person or entity to another.
a.
The hours of operation associated with each license shall be from
10:00 a.m. to 3:00 p.m. from Mondays through Fridays.
b.
No licensee shall transact business on Saturday or Sunday.
c.
No licensee shall transact business from its vehicle unless it is
properly parked in the approved location.
d.
No licensee shall park a vehicle overnight at the approved location.
e.
No licensee shall operate at any location other than the specific
location specified as part of its license.
f.
The service window associated with all mobile retail food establishments
shall face the grass (curbline) on West Railroad Avenue.
g.
All mobile retail food establishments shall be responsible for all
garbage created by their establishment and for removal of said garbage
on a daily basis.
h.
There shall be no additional signage permitted, with the exception
of vehicle markings.
i.
All mobile retail food establishments must comply with all federal,
state, county and local laws, as well as all zoning laws.
j.
The above regulations may be relaxed by the Borough in connection
with Borough-authorized special events.
All mobile retail food establishments must, in addition to obtaining
a license, be licensed by the Middlesex County Board of Health. Such
Board of Health certification must be displayed to the public and
renewed annually.
Each licensee may reapply to the Zoning Officer for a new license
for the successive year, between January 1 and January 31 of the following
year. The applicant must recertify the information contained in its
initial application and/or complete a new application in order to
provide new information. After January 31, where an applicant fails
to reapply, licenses will become available on a first-come, first-served
basis to others.
Any person, firm, corporation, partnership or other entity violating any provisions of this section or any regulations promulgated by the Borough of Jamesburg pursuant hereto shall be subject to the penalties set forth in § 1-5 of the Borough Code. Each and every violation and nonconformance with this chapter on each day that any provision of this section shall have been violated shall be construed as a separate offense.
Editor's Note: Prior ordinance history includes portions
of 1982 Code §§ 4-7.1 — 4-7.5 and Ordinance
Nos. 2-98, 4-99, 02-00, 01-01, 02-02, 01-03, 23-03, 03-05 and 03-06.
[Ord. No. 09-08]
There shall be no Taxicab licenses issued by the Borough of
Jamesburg.
[Ord. No. 05-91 § 1]
No person shall keep, hire or use for hire or pay, or cause
to be kept or used for hire or pay, any motor vehicle or limousine
utilizing the Borough as a place of business or place of garaging
as expressed in N.J.S.A. 48:16-13 et seq. without having first obtained
a license for that purpose from the Borough Clerk for such limousine
or livery, which license shall be known as "limousine license." Such
license shall be for a term of one year and shall be renewable annually
and shall be nontransferable.
[Ord. No. 05-91 § 2; Ord. No. 4-92; Ord. No.
1-94; Ord. No. 8-94; Ord. No. 1-95; Ord. No. 4-96; Ord. No. 2-98; Ord. No. 4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord.
No. 02-02 § 1; Ord. No.
01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1; Ord. No. 09-08 § 2]
a.
The fee for the issuance of such license shall be as set forth in
the Borough Schedule of Fees Ordinance on file in the office of the
Borough Clerk for each limousine or automobile license. Each such
vehicle used as a limousine shall be licensed separately.
b.
The Borough Zoning Officer is required to inspect the place of business
to verify parking area before signing off on the limousine license.
The Borough Clerk shall issue such license after the satisfactory
compliance by the applicant with the provisions of N.J.S.A. 48:16-13
through 22, the payment of the aforesaid fee, the submission of a
current certificate of insurance and a signed statement from the Borough
Zoning Officer certifying that the limousine service is not operating
in a residential zone.
[Ord. No. 05-91 § 3]
a.
There shall be a separate license issued for each limousine to be
licensed. The license shall be in writing, numbered, in triplicate,
signed by the Borough Clerk on a form provided by the municipality
and shall contain the following information:
1.
Name, business address, and business telephone number of the owner;
2.
Number of the license, make, model, year, serial number and license
plate of the vehicle;
3.
The name of the company supplying insurance coverage and policy number;
4.
The name, address, and telephone number of the insurance agent.
[Ord. No. 05-91 § 4]
Licenses for limousine and liveries or any renewal thereof shall
be issued by the Borough Clerk and no approval of the Borough Council
shall be required.
[Ord. No. 05-91 § 5]
One copy of the limousine license when issued shall be retained
by the Borough Clerk. The applicants shall receive an original and
one copy. The original shall be kept in the limousine at all times.
[Ord. No. 05-91 § 6;
New]
[Ord. No. 15-91]
Newspaper vending machines, hereinafter referred to as "newsracks"
may be maintained in the Borough, subject to the following:
a.
No person shall install, use or maintain, any newsrack which projects
onto, into, or over any part of the roadway of any public street or
which rests wholly or in part upon any portion of a roadway.
b.
No person shall install, use or maintain any newsrack which in whole
or part rests upon, in, or over any sidewalk when such installation,
use, or maintenance endangers the safety of persons or property.
[Ord. No. 15-91]
Any newsrack which in whole or part rests upon, in or over any
sidewalk shall comply with the following standards:
a.
No newsracks shall exceed five feet in height, 30 inches in width,
or two feet in depth.
b.
Newsracks placed adjacent to the wall of a building shall be placed
parallel to such wall and not more than six inches from the wall.
Newsracks placed near the curb shall be placed no less than six inches
from the edge of the curb.
c.
Newsracks may be chained or otherwise attached to one another; however,
no more than three newsracks may be joined together in this manner,
and a space of no less than 18 inches shall separate each group of
three newsracks so attached.
d.
No newsrack, or group of attached newsracks allowed under paragraph
c., above, shall weigh, in the aggregate, in excess of 125 pounds
when empty.
e.
No newsrack shall be placed, installed, used or maintained:
1.
Within three feet of any marked crosswalk;
2.
Within 15 feet of the curb return of any unmarked crosswalk;
3.
Within three feet of any fire hydrant, fire call box, police call
box, or other emergency facility;
4.
Within three feet of any driveway;
5.
Within 10 feet to the rear of any sign or other demarcation marking
the beginning of a designated bus stop;
6.
Within three feet of any bus bench, except where such bench is within
a bus shelter, in which event this restriction shall not apply provided
that the newsrack is not placed within such bus shelter;
7.
Within three feet of any display window of any building abutting
the sidewalk or parkway, or in such manner as to impede or interfere
with the reasonable use of such window for display purposes.
[Ord. No. 15-91]
No newsrack shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale, or purchase
of the paper or news periodicals sold therein.
[Ord. No. 15-91]
Each newsrack shall be maintained in a clean, neat condition
and in good repair at all times.
[Ord. No. 15-91]
Every person who places or maintains a newsrack on the streets
of the Borough of Jamesburg, shall have his name, address, and telephone
number affixed thereto in such a way where the information may be
easily seen.
[Ord. No. 15-91; Ord. No. 1-95; Ord. No.
4-96; Ord. No. 2-98; Ord. No. 4-99; Ord. No. 02-00 § 1; Ord.
No. 01-01 § 1; Ord. No.
02-02 § 1]
Any person owning a newsrack in the Borough shall, within 15
days after beginning the maintenance, register his name, address,
phone number, and location of the newsracks maintained in the Borough
and shall pay an annual fee as set forth in the Borough Fee Schedule
Ordinance on file in the office of the Borough Clerk to defray the
cost to the Borough for registration and inspection of the racks.
For every subsequent year, the owner shall pay an annual fee as aforesaid
by the 10th day of January of that year. The owner shall at all times
promptly notify the Borough Clerk of any changes in the registration
information.
[Ord. No. 15-91]
Any newsrack maintained in the Borough which creates a hazard
to pedestrians or obstructs traffic or interferes with the response
to an emergency situation by a public officer, fire fighter, ambulance
corps or medic, may be summarily relocated by the public officer of
the Borough, to the nearest location not presenting the hazard. Any
such relocation shall be reported as soon as reasonably possible to
the Borough Clerk, who shall thereafter notify the registered owner
of the newsrack as soon as possible of the new location. The owner
may thereafter relocate the newsrack to any location not presenting
a hazard and otherwise comply with the terms of this section.
[Ord. No. 15-91]
a.
If any newspaper distribution box is determined to violate any of
the provisions of this section, then a notice of violation shall be
sent to the person designated to receive notices in the registration
form.
b.
The notice shall state the specific provisions of this section which
have not been adhered to and notify the owner that the box must either
be removed or brought into compliance with the specified provisions
of this section within seven business days. If the owner elects to
cure the specified violation or violations within the time period,
then the owner shall take all necessary curative actions prior to
the expiration of the time period.
[Ord. No. 15-91]
Upon request, the official issuing a notice of violation shall
meet with the recipient of such notice to discuss the basis for the
determination that a violation exists and any proposed means of eliminating
any violations. A request for such a meeting shall not toll the time
for correcting or eliminating any violation, unless the official is
unavailable for a meeting at any reasonable time within three business
days following the receipt of a request. Following any such meeting,
the official issuing the notice of violation may rescind the notice
if he determines that there was no violation. The official may also
grant an extension of up to one week for the correction of any violation
upon request and a showing of good cause.
[Ord. No. 15-91; New]
Any person who violates any of the provisions of this section after having been served with a notice of violation and having failed to correct or eliminate the violation shall be subject, upon conviction, to the fine stated in Chapter 1, Section 1-5, with a minimum penalty of $50. Each violation of a separate section of this section and each violation by a different newspaper distribution box shall constitute separate offenses.
