[1973 Code § 4:1-1]
In addition to specific standards set forth in the individual
sections of this chapter with regard to a particular type of license,
the Township Committee, or other Township officials charged with responsibilities
connected with any license under this chapter shall, in the determination
of the question of issuance or renewal, or on any hearing for suspension
or revocation, consider such of the following standards or criteria
as may be applicable:
a.
Investigation and/or references concerning the conduct of any similar
business by the licensee in other municipalities, in the case of initial
application.
b.
Experience of the Township with the licensee and the licensed premises
with regard to compliance with or violation of other ordinances of
this Township and the local Board of Health, and laws, rules and regulations
of the State of New Jersey and any board, bureau or agency thereof
related to the conduct of the licensee or the licensed premises.
c.
Recommendations of the Fire Department and Bureau of Fire Prevention
with regard to the licensed premises.
d.
The record of the licensee and his employees with regard to compliance
with or violation of the terms of this chapter.
[1973 Code § 4:1-2]
Each applicant for a license or license renewal under any section
of this chapter shall, if required by the Township, furnish proof
that all personal property or business personal property taxes connected
with the licensed premises have been paid, and no license shall be
issued or renewed if such taxes have not been paid to the date of
issuance or renewal.
[1973 Code § 4:1-3]
This chapter is independent of and not in conflict with the
Zoning Ordinance of the Township and nothing in this chapter shall
authorize, or be deemed to authorize, any use in conflict with the
Zoning Ordinance of this Township as the same may exist. Further,
the issuance of any license under this chapter for any use apparently
in conflict with the Zoning Ordinance shall not be taken to be an
admission or adjudication of the legality of such use or a determination
that such use is a valid nonconforming use which pre-existed prohibitory
zoning regulations.
[1973 Code § 4:1-4; New]
a.
Any person who shall violate any of the provisions of this chapter shall be subject to the General Penalty established in Section 1-5 of this Code.
b.
Each day a violation is permitted to exist shall constitute a separate
offense.
c.
The penalties above set forth are additional to and independent of
the remedies of suspension, revocation and refusal to renew licenses
as set forth in the several sections of this chapter.
[Prior ordinance history includes portions of 1973 Code §§
4:8-1 — 4:8-13, Ord. No. 2009-757.]
[Ord. No. 2015-820]
As used in this section:
Shall mean a person commonly referred to either as a peddler
or hawker, who goes from house to house or place to place or carries
with him/her goods, wares, and merchandise, either on his or her person
or by conveyance or vehicle, or on foot for the purpose of selling
and delivering them to purchasers.
Shall mean a person, commonly referred to either as a solicitor
or canvasser, who goes from house to house or place to place selling
goods by sample or taking orders for future deliveries with or without
accepting an advance payment for the goods.
[Ord. No. 2015-820]
It shall be unlawful for any peddler or solicitor to sell or
offer for sale any goods, wares or merchandise within the Township
except pursuant to and within the terms of this section and a permit
first obtained for the Township Clerk; provided, however, that this
subsection shall not apply to:
a.
Milkmen and bakery employees operating from a company truck and having
identification as a regular company employee.
b.
Persons honorably discharged from the military, naval or marine forces
of the United States or exempt members of volunteer fire departments
of municipalities of this State, who hold licenses issued pursuant
to N.J.S.A. 45:24-10.
c.
Duly authorized United States official census takers.
d.
Distributors of free printed, typed or written matter dealing solely
with religious, political, educational or similar subjects not of
a commercial nature.
e.
Township residents who are participating in a project connected with
a nonprofit organization with a connection to the Township of Green
Brook, such as, but not limited to, church, fraternal and service
organizations and Boy Scout and Girl Scout organizations, provided,
however, the person in charge of such project, together with the dates
such project is to be undertaken, shall be provided to the Township
Clerk who shall keep the same on file; no fee shall be charged for
such filing.
[Ord. No. 2015-820]
Permits shall not be transferable from person to person; a separate
permit must be obtained for each and every peddler and solicitor.
[Ord. No. 2015-820]
Applications for permits shall be in writing as prescribed by
the Green Brook Police Department signed by the applicant and filed
with the Township Clerk to include the following information and supplements:
a.
Name, description, social security number, driver's license
number and date and place of birth of the applicant;
b.
Permanent home address, telephone number and local address and telephone
number for the applicant, and place or places of residences for the
past three years;
c.
A brief description of the nature of the business or organization,
the goods to be sold or services to be performed, the nature and time
of any proposed soliciting;
d.
If an agent, employee or representative, the name, address, and New
Jersey tax identification number or copy of a tax exempt certificate
of the principal or employer, accompanied by a letter from same, authorizing
the applicant to engage in the business of peddler or solicitor on
their behalf, or the applicant shall submit other satisfactory evidence
of such authorization;
e.
Applicants representing or operating a residential home improvement
business must show proof of compliance with the New Jersey Contractor's
Registration Act by providing their New Jersey Division of Consumer
Affairs registration number prior to application approval;
f.
A photocopy of the applicant's driver's license, or other
valid government photo identification;
g.
A statement as to any arrests or convictions of crimes, misdemeanors
or violations of municipal ordinances, the date, the nature of the
offense and the penalty assessed of each applicant;
h.
A list of all Somerset County municipalities from which the applicant
has obtained a solicitor's or peddler's permit within the
last 24 months. Include the name, address and permit number(s) for
each municipality;
i.
Prior to submitting their completed applications, applicants shall
complete a New Jersey Universal Fingerprint Form, Type: LOX (available
through the Green Brook Police Department) and follow the instructions
for obtaining a criminal history background check, which includes
making an appointment to be fingerprinted by the State contract vendor.
Any applicant who fails to consent to or cooperate with a criminal
history background check will not be considered for approval of a
peddlers or solicitors permit.
[Ord. No. 2015-820]
No permit-holder shall:
a.
Offer for sale any good, wares or merchandise except on weekdays
from 9:00 a.m. until sundown or 8:30 p.m., whichever comes first;
b.
Solicit the sale of merchandise in a noisy, persistent or offensive
manner or in such manner as to obstruct the passage of vehicles or
pedestrians upon any street, sidewalk or other public place;
c.
Misrepresent the purpose of the solicitation or canvass;
d.
Misrepresent the affiliation of those engaged in the solicitation
or canvassing;
e.
Continue efforts to solicit from or canvass an individual once that
individual informs the solicitor or canvasser that he or she does
not wish to give anything or to buy anything from that solicitor;
f.
Represent the issuance of any permit under this section as an endorsement
or recommendation by the Township of the solicitation or canvassing;
g.
Enter upon any premises when the same is posted with a sign stating
"No Peddlers Allowed" or "No Solicitation Allowed" or other words
to such effect;
h.
Knowingly make any false statement on an application for a permit
hereunder;
i.
Engage in any fraud, misrepresentation or false statement in the
course of carrying on the business.
[Ord. No. 2015-820]
No person, whether or not such person is required to obtain
a permit under this section, shall stand or remain upon any sidewalk,
street or other public place for the purpose of selling, soliciting
the sale or offering for sale any goods, wares or merchandise longer
than 10 minutes at any one time, if requested to move from any such
place by the owner or occupant of any premises opposite or adjacent
thereto, or if ordered to move by any police officer; but upon such
request or order shall move with the merchandise and vehicle, if any,
to a point at least 250 feet from the place from which he was requested
or ordered to move.
[Ord. No. 2015-820]
It shall be unlawful to sell, solicit the sale or offer for
sale any sandwiches, hot dogs ice cream, drinks or other edibles of
similar nature from conveyance or vehicle, or on foot on public property.
[Ord. No. 2015-820]
Each application shall be referred to the Chief of Police or his designee, who shall institute an investigation of the applicant and the associated business as to their moral character and business practices. Upon the completion of the investigation, the Chief of Police or his designee shall endorse the application with his/her approval or disapproval of the applicant, noting the reasons for disapproval in connection with subsection 4-2.9 of this section.
[Ord. No. 2015-820]
Any permit issued pursuant to this section may be suspended
or revoked by the Township Clerk, or their designee, after reasonable
opportunity to the permittee to be heard. A permit under this section
may be denied, suspended or revoked for any of the following causes:
a.
Fraud, misrepresentation or false statement contained in the application
for a permit;
b.
Fraud, misrepresentation or false statement made in the course of
carrying on the business of being a peddler, solicitor or canvasser;
d.
Conviction of any felony or other crime involving moral turpitude,
or conducting the business of peddling, soliciting or canvassing in
a non-lawful manner or in such manner as to constitute a breach of
the peace or so as to constitute a menace to the health, safety or
welfare of the public.
Any such suspension or revocation may be either in addition
to or instead of the penalties prescribed herein for violation of
this section.
[Ord. No. 2015-820]
The Township Clerk or his/her designee is authorized to grant
permits pursuant to this section, after Police Department review and
release of the application, signed by his/herself, of his/her designee
and by virtue of his/her authority, after determination that the applicant
is of good moral character and has complied with the provisions of
this section.
[Ord. No. 2015-820]
Any person aggrieved by any action of the Township Clerk in
refusing to grant such a permit, or in suspending or revoking any
permit previously issued, may appeal in writing to the Township Committee
which shall afford such person an opportunity to be heard. After such
hearing, the Township Committee may uphold the action of the Township
Clerk, or may reverse the same and issue such permit upon such terms
and conditions as it shall deem appropriate.
[Ord. No. 2015-820]
The Township Clerk or his/her designee, shall issue a permit
certificate to any person or corporation, to whom a peddler's
or solicitor's permit shall be granted, which shall state the
name and business address of the permittee, the number of the permit,
the date of its expiration, and such other information as the Township
Clerk shall deem appropriate; the certificate shall be carried upon
the person of the permittee at all times when the permittee is engaged
in the business for which the permit is granted and shall be displayed
by the permittee to any person or police officer requesting inspection
of the same.
[Ord. No. 2015-820]
The fee for a peddler's or solicitor's permit for
the period of January 1 of each year to December 31 of the same year,
or any portion thereof, shall be $125. Each permit, unless a shorter
term be therein specified, shall expire on December 31 of the year
in which issued. The Township Clerk shall review each application
for a permit and no permit shall be issued until 10 business days
after the application therefor has been made.
[Ord. 2-11-82 § 1]
As used in this section:
Shall mean any machine which upon insertion of a coin, slug,
token, plate or disc, may be operated by the public generally (or
such segment of the public as may be admitted to the premises) for
use as a game, entertainment, or amusement, whether or not registering
a score, including but not limited to such devices as marble machines,
pinball machines, skill ball, mechanical grab machines, and all games,
operations or transactions similar thereto under whatever name they
may be indicated.
It shall include video type games or machines, or similar
devices that use a display screen for points, lines and dots of light
that can be manipulated to simulate games or other types of entertainment.
It shall also include projection booths or designated areas
where movies, film, video cassettes or the like may be viewed individually
or in small groups, operated as above.
Shall mean any person in whose premises any automatic amusement
device is placed or kept for operation.
[Ord. 2-11-82 § 1]
The purpose of this section is to license, regulate and control
those automatic amusement devices which are operated for the purpose
of making a profit.
The purpose and objective of this section is to regulate the
business and amusement devices so as to prevent nuisances to patrons
and the public, fire hazards from overcrowding, poor ingress and egress
at premises where amusement devices are located, the promotion of
gambling, loitering, or the creation of an unhealthy atmosphere for
the youth of the community or other foreseeable undesirable effects
of such devices.
[Ord. 2-11-82 § 1]
No person shall maintain, operate or possess in any store, building
or other place where individuals may enter, excluding private residences,
or in any building or other place wherein any club or organization
meetings are held within the Township, any automatic amusement device
without first obtaining a license therefor.
[Ord. 2-11-82 § 1]
a.
All applications for a license under this section shall be made to
the Township Clerk on forms to be supplied for the purpose and shall
be subscribed and sworn to by the applicant.
b.
The application for the license shall contain the following:
1.
Name and address of the applicant.
2.
Name under which the place is being operated and the location of
same.
3.
Number and type of alcoholic beverage licenses, where applicable.
4.
Number and type of machines sought to be licensed.
5.
Location where each automatic amusement device is to be located.
6.
Description of each automatic amusement device sought to be licensed
including for each device, the name of the manufacturer, model number
and serial number.
7.
Information indicating whether the applicant or transferee or any
person connected, by way of employment, with the operation of the
establishment wherein the device is to be installed has ever been
convicted or pleaded guilty to: a crime relating to narcotics or a
controlled dangerous substance as defined in the Statutes of the State
of New Jersey; or a crime pertaining to gambling or gaming in violation
of the Statutes of the State of New Jersey; or a crime involving moral
turpitude.
c.
The Township Committee may request of an applicant additional information
to supplement the information given in the application.
[Ord. 2-11-82 § 1; Ord. 8-11-83 § 1[B]]
a.
Each device shall be located at least 10 feet from the entranceway
to the premises in which located, and be placed so that it does not
obstruct or interfere with the free and unfettered passage of patrons
or users of the premises.
b.
Each device located by itself shall have an unobstructed radius projecting
from the front and sides thereof of not less than 2 1/2 feet
wherein the users of the device may use, watch or wait to use the
device. This shall not prevent side-by-side or back-to-back machines,
but the open spaces shall be provided at the outer perimeter at the
ends of such groupings.
c.
An automatic amusement device may only be used or operated during
the hours of operation of the premises in which located, and provided
the operator or an employee of the operator is present in the premises.
[Ord. 2-11-82 § 1; Ord. 8-11-83 § 1[A]; Ord. 8-11-94 § 1; Ord. No. 2012-794]
a.
The fee for all applications for licenses pursuant to this section
shall be $100 in addition to all licensing or transfer fees.
b.
The annual fee for a license to operate an automatic amusement device
shall be: $100 for the first machine located on a separate premises,
and $25 per machine for each additional machine on the same premises.
c.
Any fees charged pursuant to this section shall be prorated based
on the number of months remaining in the year of licensing but no
less than 1/4 the amount set forth in paragraph b above.
d.
A monthly late fee of $25 shall be imposed.
[Ord. 2-11-82 § 1; Ord. 8-11-83 § 1[C]; Ord. No. 2012-794]
a.
All licenses issued under this section shall be for a term of one
year, commencing on February 1 and expiring on January 31 of the following
year.
b.
Such place to place transfer fee is required only where the business
itself changes its location within the Township, and not where a machine
itself is moved from one location within the Township to another location
within the Township.
[Ord. 2-11-82 § 1]
No person shall in his place of business permit gambling in
connection with the playing of any automatic amusement device.
[Ord. 2-11-82 § 1]
The Chief of Police, or his designee, may make an investigation
of the premises and the applicant to determine the truth of the facts
set forth in the application. The Fire Chief or his designee may inspect
the premises to determine whether the premises comply with existing
fire regulations and the Fire Code of the Township. The Chief of Police
and the Fire Chief or his designee, upon completion of their investigation
and inspections, respectively, shall attach to the application their
reports in writing. The report of the Chief of Police shall advise
the Township Committee as to the veracity of the facts as set forth
in the application. The report of the Fire Chief, or his designee,
shall advise the Township Committee as to the compliance or non-compliance
of the premises to the fire regulations and code.
[Ord. 2-11-82 § 1]
Upon receipt of the application and reports as set forth in
the above section, the Township Committee shall proceed to consider
the application, and shall either approve or disapprove the issuance
of a license to the applicant.
The action of the Township Committee in approving or disapproving
the application, shall be taken no later than the second regular meeting
of the Township Committee following submission of the application
and payment of the required fees by the applicant; failure to take
such action within such time by the Township Committee shall constitute
an approval of the application. An application shall not be considered
complete, and no action shall be taken thereon, until the fees shall
have been paid.
If the application is approved, the Township Committee shall
authorize the Township Clerk to issue the necessary license. If the
application is disapproved, the applicant shall be notified, in writing,
of the disapproval and the reasons therefor.
The applicant, upon being advised of a denial of his application,
may in writing request a hearing, and be afforded an opportunity to
dispute or disprove the reasons for the denial at the hearing. Applicant
may be represented by an attorney at the hearing. The Township Committee
shall either affirm or reserve the decision in denying the application
within 15 days after the date of the hearing unless there is an extension
of time agreed to by both the applicant and the Township Committee.
[Ord. 2-11-82 § 1; Ord. 8-11-83 § 1[D]]
a.
Revocation of License. At any time after the granting of a license
under this section, the Township Committee in the exercise of its
reasonable discretion, may revoke the license if the Township Committee
determines a violation of any of the following:
1.
Gambling on the premises.
2.
False or incorrect material on the application or information furnished
by the applicant.
3.
Failure to maintain good and safe conduct on the premises.
4.
Violation of the Laws of the State of New Jersey, as set forth in subsection 4-3.4, paragraph b, 7 above.
5.
If the presence or use of the devices result in gambling, obscene
and loud language disturbing to the public or to other patrons of
the premises, creating of a nuisance, excessive noise, litter, traffic
or rowdyism by the patrons.
Revocation shall require proper notice to be given to the licensee
setting forth the reasons for the proposed revocation, and the affording
of a hearing to the licensee to dispute or disprove the violation
as set forth in the notice of proposed revocation. The applicant,
upon being advised of a revocation of his license, may in writing,
request a hearing and be afforded an opportunity to dispute or disprove
the reasons for revocation at the hearing. Applicant may be represented
by an Attorney at the hearing. The Township Committee shall either
affirm or reverse their decision in revoking the license within 15
days of the date of the hearing, unless there is an extension of time
agreed to by both the applicant and the Township Committee.
b.
Posting and Display. An operator's license granted pursuant
to this section shall:
c.
Number of Machines. The maximum number of automatic amusement devices
per establishment shall be two.
However, the applicant may, in its application set forth reasons
why additional devices would not constitute a violation of the purpose
and objective of this section. In no event, however, may an establishment
exceed four devices unless the establishment is located in the RHC
Regional Highway Commercial District, as defined in the Zoning Ordinance
of the Township.
There is no limit on the number of devices in an establishment
located in an RHC Zone, but attention is called to the provisions
of the Construction Code, Fire Code and other ordinances which regulate
width of corridors, unobstructed passageways and the like, and may
have the effect of limiting the number of devices that may fit in
a given establishment.
d.
Location. No devices subject to this section may be operated within
500 feet of a school, up to the 12th grade, or house of worship. The
distance shall be measured in the same manner as distances from schools
or houses of worship are measured for similar restrictions imposed
and as interpreted for alcoholic beverage licensed premises by the
Alcoholic Beverage Commission.
[Ord. 2-11-82 § 1]
It is recognized that at the time of adoption of this section
there are many automatic amusement devices existing in the Township,
some of which exist contrary to the zoning laws of this Township or
in contravention of other regulations. The licensing of any such existing
devices, and the acceptance of fees therefor under this section, shall
not be deemed a recognition of the validity of the existence of any
such device, and the Township reserves all its powers to prosecute
for illegal location or use under any other section.
[Ord. 6-9-66 § 1]
As used in this section:
Shall mean any food or beverage or ingredients consisting
in whole or in part of milk, milk products, eggs, meat, fish, poultry,
or other food capable of supporting the growth of micro-organisms
which can cause food infections or food intoxication. However, products
in hermetically sealed containers processed by heat to prevent spoilage
and dehydrated, dry or powdered products low in moisture content as
to preclude development of micro-organisms are excluded from the terms
of this definition (although not excluded from the other regulations
of this section).
Shall mean, and is hereby defined to be, any device, machine,
equipment or contrivance, or piece of mechanical or electrical equipment
which, upon the insertion of a coin, or a token, slug or article used
in lieu of a coin, into a slot or place on the machine, device or
equipment, results in dispensing or making available to the user or
public any food, non-alcoholic beverage, tobacco product, refreshment
or any article or product of any nature whatsoever.
[Ord. 6-9-66 § 2]
No person shall keep, or maintain, or operate, or possess in
any store, building, premises, structure, lands or other place within
the Township, wherein the public is invited or permitted or where
the public may enter, any vending machine, as herein defined, without
first obtaining a license therefor as hereinafter provided.
[Ord. 6-9-66 § 3]
A separate license shall be obtained for each vending machine
from the Board of Health. The following information shall be furnished
by each applicant on forms provided by the Board of Health:
a.
Name and address of applicant.
b.
Name, address and written consent of the owner of the premises.
c.
Location of the proposed vending machine on the premises.
d.
Name and address of person or firm who will clean and service the
vending machine.
e.
Name and address of manufacturer of the vending machine and the serial
number of the vending machine. Nothing herein shall prevent the licensee
or distributor from changing machines or replacing a machine for which
a license has been issued and no new license shall be required for
the replacement machine, provided that notice of such replacement,
with the new serial number, is given to the Township Clerk, together
with the number of the machine being replaced.
f.
Name and description of the product or products to be sold from the
vending machine.
g.
General description of the vending machine, particularly with reference
to its construction, operation, method of temperature control and
cleaning.
h.
Days or dates on which the machine will be cleaned and serviced.
i.
Days or dates on which the product or products in the vending machine
will be restocked, replaced or replenished.
j.
A description of the manner in which preservation of "readily perishable"
foods or beverages to be vended will be assured, if applicable.
k.
Such other information as may be necessary and proper to facilitate
the regulation of the product to be sold from the vending machine,
or as may be deemed necessary by the Board of Health.
[Ord. 6-9-66 § 4]
In passing upon applications hereunder, the Board of Health
shall be guided by the following standards:
a.
Whether or not the proposed device as located will constitute a traffic
hazard or other menace to the public health, safety, and welfare,
or constitute a danger to the lives or safety of pedestrians using
the sidewalk in the vicinity of the vending machine.
b.
That the proposed site of the device or machine is a permitted use
at such location and that the location will not violate the Zoning
Ordinance of the Township governing the location of accessory buildings
and structures.
c.
That the proposed device or machine is sanitary and that the product
or products to be vended therefrom are properly packaged, bottled
or otherwise protected from contamination or foreign substance.
d.
That the schedules for cleaning and servicing the device or machine,
and for restocking, replacing or replenishing the product or products
therein, are adequate to protect the public health and welfare.
e.
That the electrical wiring and motor or other operating mechanism
of the machine meet the standards prescribed by the National Board
of Fire Underwriters and any applicable local fire and/or electrical
regulations.
[Ord. 6-9-66 § 5]
a.
All milk, cream or milk products dispensed or sold in any such vending
machine shall be from a source approved by the Board of Health of
the Township, and shall be changed and a fresh supply thereof shall
be placed in each machine daily.
b.
The interior of each such vending machine for dispensing milk, cream,
or milk products shall be so designed and constructed as to be readily
cleaned and kept clean, in accordance with the schedule established
in the application.
c.
The refrigeration unit shall be of sufficient capacity to keep the
entire content of milk products at a temperature of 50° F. or
below.
d.
The vending machine shall be equipped with an automatic cut-off device
that locks the machine when the temperature of the interior where
milk or fluid milk are stored goes above 50° F., and then returns
patrons' coins. No milk then in the machine shall thereafter
be sold from vending machines.
[Ord. 6-9-66 § 6]
All licensed vending machines shall:
a.
Have the name, address and telephone number of the operator or owner
affixed thereto.
b.
Be kept in a sanitary condition at all times.
c.
Maintain such temperature as shall keep the product or products therein
from spoiling and as may be required by any statute, regulation or
ordinance concerning the perishable product or products vended.
d.
Have the serial number in plain view.
e.
Not rely upon frozen water, dry ice, or other similar substance to
maintain the required temperature.
[Ord. 6-9-66 § 7]
A license to engage in the business of vending food, beverages,
or refreshments from a vending machine shall not be transferable from
place to place or person to person without the consent of the Board
of Health.
[Ord. 6-9-66 § 8; Ord. No. 2012-794]
Each license shall be good for the annual period from February
1 to January 31 of the following year, and each license must be renewed
on or before the expiration date. Applicants for renewal of licenses
need not repeat answers in applications previously submitted unless
such answers would be different from the original application.
[Ord. 6-9-66 § 9; Ord. No. 2012-794]
a.
The annual license fee for each vending machine dispensing any "readily
perishable" food, beverage or refreshment from a vending machine shall
be $25 for each such vending machine.
b.
The annual license fee for each vending machine dispensing any cigarettes
or other tobacco products, or any food products not included in paragraph
a., shall be $10 for each such vending machine.
c.
The annual license fee for each vending machine dispensing any beverage,
food, refreshment, or any article or product other than included in
paragraphs a or b, shall be $5 for each such vending machine.
d.
Any fees charged pursuant to subsection 4-4.8 shall be prorated based on the number of months remaining in the year of licensing but no less than 1/4 the amount set forth in paragraph a, b, and c above.
e.
A monthly late fee of $25 shall be imposed.
[Ord. 6-9-66 § 10]
The licensed machine shall be subject, at all reasonable times
to inspection by an authorized agent of the Board of Health of the
Township.
[Ord. 6-9-66 § 11]
The licensee shall cooperate at all times with the Board of
Health, its enforcement official or officials, Chief of Police, Construction
Official, Township Clerk and other Township officers or officials,
when required or requested to do so, to obtain information or knowledge
which will enable them or any of them to safeguard the health, welfare
and safety of the public as the same may be affected in any way by
the vending machines. For failure to render such cooperation, or provide
information or knowledge relative to the vending machine, the Board
of Health may forthwith temporarily suspend such licensee's license,
in the manner hereinafter set forth, and the licensee shall be given
notice and hearing as hereinafter provided to determine further suspension
or permanent revocation of such license.
[Ord. 6-9-66 § 12]
Whenever an agent of the Board of Health shall find, or has
probable cause to believe, that any food, beverage or refreshment
sold or dispensed from any vending machine is not free from dust,
contamination or foreign substance, or that the contents thereof are
or may be unsanitary or inimicable to the public health, a tag or
other appropriate marking, giving notice that such vending machine
is suspected of being in violation of this or any other statute, regulation
or ordinance and that it has been detained or embargoed, and warning
all persons not to remove or dispose of the articles in the machine
by sale or otherwise until permission for removal or disposal is given
by the Board of Health. It shall be unlawful for any person to remove
or dispose of such detained or embargoed article by sale or otherwise
without first obtaining such permission.
[Ord. 6-9-66 § 13]
a.
Whenever a license is temporarily suspended as provided herein, or
whenever the contents of a vending machine are detained or embargoed
as provided herein, written notice of such action, together with the
charges or reasons therefor, resulting in the temporary suspension
or detention or embargo, as the case may be, shall be mailed to the
licensee as set forth in the application. The licensee shall be afforded
a hearing thereon within 15 days after the notification of the charges
or reasons, and shall be subject to further suspension or permanent
revocation of such license after such hearing.
b.
Any license may be revoked or suspended upon proof of circumstances
or conditions which are inimical to the health, welfare, morals or
safety of the people of the Township, or the general public, but only
after a hearing by the Board of Health after notice thereof to the
licensee as hereinbefore provided.
[Ord. 6-9-66 § 14]
If a license is not renewed, or if the license is revoked prior
to its expiration date, the licensee shall take all necessary proceedings
to remove the vending machine from the Township within 10 days or
in default thereof shall be presumed to have abandoned the machine
to the Township, and by the acceptance of the license hereby agrees
that under such circumstances aforesaid, the Township may thereupon
cause the machine to be destroyed or otherwise disposed of. The 10
days' period above referred to shall run from the expiration
date of the license or from the date of revocation, as the case may
be, and may be extended by the Board of Health; any extension of the
period by the Board of Health shall not thereafter preclude the Board
from exercising the remedy herein provided after the expiration of
the extension.
[Ord. 6-9-66 § 15]
a.
Vending machines kept, maintained, operated or possessed by any religious,
charitable, benevolent, fraternal or non-pecuniary association, or
a volunteer fire company, rescue squad, or other similar association
not incorporated or formed for profit, must be licensed as provided
in this section but no fee shall be charged for such license.
b.
Automatic amusement devices of the types commonly known as bagatelle, pin-ball, "bowling", or like devices, licensed under ordinances of the Township (For regulations concerning the licensing of automatic amusement machines, see Section 4-3 of this chapter.), are not within the scope of this section.
[Ord. 6-9-66 § 17;
New]
a.
Any person violating any provision of this section shall, upon conviction thereof, be subject to the General Penalty established in Section 1-5 of this Code.
b.
Each day that a violation exists or is permitted to exist shall constitute
a separate violation.
c.
The penalties herein set forth shall be in addition to the powers
of the Board of Health to suspend or revoke any license or to refuse
to renew the same.
[Ord. 4-9-87 § 1]
a.
Application for Permit. Where any person, firm or corporation places,
maintains or operates a vending machine for the sale and/or distribution
of newspapers, magazines or books, within the public right-of-way
within the confines of the Township, and such public right-of-way
shall include any public streets or sidewalks, an application for
a permit for such vending machine shall be applied for from the Township
Clerk within five business days from the date of placement of the
vending machines.
b.
Conditions for Permit Issuance. Such an application may include a
single or any number of proposed specific locations of the vending
machines and shall be made in writing to the Township Clerk upon a
form as provided and shall contain the name and address of the applicant,
and the proposed specific location(s) of the vending machines. The
application shall be signed by the applicant and shall be accompanied
by a fee of $25 per vending machine. The Township Clerk shall, upon
receipt of the application, request an examination by the Chief of
Police and the Construction Official of the Township, each to certify
as to the placement locations of the applied for vending machines.
Within 10 days after the application has been filed, the Clerk shall
certify to the Township Committee those applications which are complete
and are ready for the issuance of permits. In the event that a permit
is not to be issued by the Township Committee, the Clerk shall notify
the applicant who may then appeal within 10 days from the date of
receipt of the notice of the denial of the permit for the specific
vending machine at the specific location. At such an appeal hearing,
the Township Committee will review the application and its location
in conjunction with the various standards for the placement of the
vending machines as contained in this section.
[Ord. 4-9-87 § 1; Ord. No. 2012-794]
a.
Such permits as are issued shall be valid for a period of one year,
commencing on February 1 and expiring January 31 of the following
year.
b.
Any fees charged pursuant to subsection 4-5.2 shall be prorated based on the number of months remaining in the year of licensing but no less than 1/4 the amount set forth in paragraph a above.
c.
A monthly late fee of $25 shall be imposed.
[Ord. 4-9-87 § 1]
Any newspaper vending machine which in whole or in part rests
upon or over any public sidewalk, or within the area between a public
sidewalk and the travelled portion of the street, shall comply with
the following standards.
a.
No vending machine shall exceed 60 inches in height, 24 inches in
width or 20 inches in thickness.
b.
No vending machine shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase
of the newspaper, magazine or book sold and/or distributed therein.
c.
Each vending machine shall be equipped with a coin-return mechanism
in good working order.
d.
Each vending machine shall have affixed to it in a readily-visible
place so as to be seen by anyone using the vending machine a notice
setting forth the name and address of the distributor and the telephone
number of a working telephone service to call to report a malfunction
or to secure a refund in the event of a malfunction of the coin-return
mechanism, or to give the notice as provided for in this section.
e.
Each vending machine shall be maintained in a neat and clean condition
and in good repair at all times. Specifically, but without limiting
the generality of the foregoing, each vending machine shall be serviced
and maintained so that:
1.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof;
2.
It is reasonably free of rust and corrosion in the visible and painted
metal areas thereon;
3.
Its clear plastic or glass parts thereof; if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discolorations;
4.
The paper or cardboard parts or inserts thereof, if any, are reasonably
free of tears, peeling or fading;
5.
The structural parts thereof are not broken or unduly misshapen.
[Ord. 4-9-87 § 1]
Any vending machine or box for the sale and/or distribution
of newspapers, books and/or magazines, which rests in whole or in
part upon or on any portion of the public right-of-way, or which projects
onto, into or over any part of a public right-of-way, shall be located
in accordance with the provisions of this subsection.
a.
No vending machine shall be used or maintained which projects onto,
into or over any part of the roadway of any public street, or which
rests wholly or in part along or over any portion of the roadway of
any public street.
b.
No vending machine shall be used or maintained which when located
in a public right-of-way provides access to the printed materials
from the roadside of the public right-of-way and thus enable persons
in automobiles to obtain the printed materials while remaining in
their vehicles.
c.
No vending machine shall be permitted to rest upon, in or over any
public sidewalk, or in the area between a public sidewalk and the
paved portion of any street, when such installation, use or maintenance:
1.
Endangers the safety of persons or property;
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
3.
Unreasonably interferes with the ingress or egress of any residence
or place of business; or
4.
Unreasonably interferes with the use of traffic signs or signals
or fire hydrants permitted at or near the location.
d.
Vending machines shall be weighted so as to prevent their being blown
down or around the public right-of-way; the machines shall not be
chained to public signs or utility poles, trees, fences or any other
object for such purpose.
e.
Vending machines may be placed next to each other provided that no
group of vending machines shall extend for a distance of more than
six feet along a curb. By "group" is meant up to three machines and
separated from any other group by a distance of at least three feet.
f.
No vending machine shall be placed, installed, used or maintained:
1.
Within three feet of any marked crosswalk;
2.
Within 12 feet of the curb return of any unmarked crosswalk;
3.
Within five feet of any fire hydrant, fire callbox, police callbox
or other emergency facility;
4.
Within five feet of any driveway;
5.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping, except those areas between curblines
and sidewalk locations, whether existing or not;
6.
Within 100 feet of any other vending machine on the same side of
the street in the same block containing the same issue or edition
of the same publication;
7.
Within five feet of any "No Stopping — No Standing" zone.
g.
The operation of such vending machines shall be considered the operation
of a business use and hence shall not, without the benefit of necessary
variance, be permitted in residential zones in the Township.
h.
The Chief of Police and the Chief of the Fire Department shall each
certify that the placement of the subject vending machine at the location
set forth in the application is unobjectionable from the viewpoint
of welfare, safety or traffic considerations.
i.
The Construction Official and Zoning Officer of the Township shall
certify that the location of the subject vending machine complies
with the Construction Code and Zoning Ordinance of the Township.
[Ord. 4-9-87 § 1]
Any person, association or corporation maintaining a coin-operated
vending machine for the sale and/or distribution of newspapers, magazines
or books in the Township without obtaining proper permits in accordance
with the provisions of this section, shall upon conviction be fined
up to $100 per violation. Further, at the option of the Township,
vending machines for which no permit is obtained may be confiscated
by the Township after notice of the violation of the provisions of
this section are given to the machine owner five days prior thereto.
[Ord. 4-9-87 § 1]
All ordinances or parts of ordinances inconsistent with this
section, as they are applied to vending machines for the sale and/or
distribution of newspapers, magazines or books shall be superseded
by the provisions of this section. The enactment of this section shall
not, however, be construed as granting any waivers of the licensing
and permit requirements for coin-operated vending machines for the
sale and/or distribution of newspapers, magazines or books which may
already be located within the Township, it being the intent of this
section that all such machines obtain permits and be licensed in accordance
with the provisions of this section.
[1973 Code § 4:2-1; Ord. 97-618]
As used in this section:
Shall mean any building used for housing purposes designated
for transient use in which a person or persons is or are boarded,
roomed or lodged, either with or without the serving of meals, for
a consideration.
Shall mean any building, structure or place in which or at
which overnight or temporary sleeping or resting accommodations are
rented, leased, kept, operated, conducted or provided to tourists,
travelers or transients for a consideration; also any such building
or structure, or group thereof, being devoted primarily or exclusively
to the conduct and operation of what are commonly known and designated
as tourist lodges, tourist cabins, tourist courts, motor lodges, motor
courts, motels and/or auto courts, with or without the service of
meals, for a consideration.
The sleeping accommodations of a hotel or motel shall be rented
only for the use of transient occupants and shall not be used or occupied
on any permanent basis, and no such occupant shall be deemed to be
a resident therein.
No person shall use or occupy any room or any portion of a room
in any hotel for more than 30 consecutive calendar days, and a portion
of a calendar day shall be considered a full day. This provision limiting
the use or occupation of a room or a portion of a room to no more
than 30 consecutive days shall apply to all dwellings, lodgings or
sleeping rooms or room or any portion of the same, whether located
in the same hotel, as defined herein, or located in one or more different
hotels, as defined herein, as long as said hotel is located within
the Township of Green Brook.
[1973 Code § 4:2-2]
No person shall operate, conduct and/or engage in the business
of operating and/or conducting a hotel, boarding house, rooming house,
lodging house, apartment house or building, motel, tourist home, tourist
lodge, cabin or auto court, without first having applied for and obtained
from the Township Committee a license to do so. No such license shall
be issued to any person who has been convicted of a crime involving
moral turpitude, nor shall any such license be issued to any corporation
in which any stockholder holding 10% or more of the stock thereof,
or of which any director or officer shall have been convicted of a
crime involving moral turpitude. No licensee shall employ any person
who has been convicted of a crime involving moral turpitude, in any
capacity in and about the licensed premises.
[1973 Code § 4:2-3]
Each applicant for a license hereunder shall make written application
setting forth the following information in detailed form:
a.
The full name, residence and/or business office (including post office)
address of the applicant;
b.
The exact location of the proposed licensed premises, giving the
street address, tax lot and block number as shown on the Official
Tax Map and the exact dimensions of the lands on which the business
is to be;
c.
A description of the buildings, structures and accommodations, situate
upon the lands, or those proposed to be erected thereon, including
the number of housing or lodging units either erected or proposed,
together with the maximum number of persons who can be or may be in
the future accommodated at any given time, a description of the character
of the buildings or structures as to size, type of construction and
whether or not the same are or will be fireproof, and a description
of the automobile parking space and facilities;
d.
The name and address (including post office) of the owner of the
lands and building;
e.
The name or names of the person or persons on the licensed premises
designated or to be designated as agent of the applicant upon whom
process may be served;
f.
Whether any person constituting the individual or partnership applicant,
or whether the corporate applicant or any stockholder holding 10%
or more of the stock thereof or any director or officer thereof, has
been convicted of a crime, misdemeanor or violation of any municipal
ordinance; and if so, the details thereof, including with respect
to each conviction, the name of the person convicted, the date thereof,
the nature of the offense, the court in which the conviction was had
and the punishment imposed. (Traffic and motor vehicle violations
are not included herein nor required to be given).
g.
In the case of corporate applicants, the name of corporate applicants,
the name and residence of each stockholder holding 10% or more of
stock of the corporation, the name and residence of each member of
the board of directors, and the name and residence of each officer
of the corporation, and the office held.
Each application shall be prepared in triplicate and shall be
signed and sworn to by the applicant; three executed copies thereof
shall be presented to the Township Clerk, together with a certified
check or cash in the amount of the applicable license fee as fixed
herein. All physical descriptions called for above shall be accompanied
by a sketch or plan of the premises, showing all buildings and structures,
their size and location, and the parking area location or locations.
Any change in any fact set forth in such application after filing
the same but before the issuance of a license shall be communicated
to the Township Clerk within three days of such change. No such change
shall be made or permitted to occur or exist after the issuance of
a license unless the proposed change shall first be communicated to
the Township Clerk and approved by the Township Committee. All notifications
shall be made in the same manner as the original application.
[1973 Code § 4:2-4]
a.
The Township Clerk shall forthwith forward a copy of the application
to the Secretary of the Board of Health and to the Fire Chief of the
Township, who shall inspect the premises or cause the same to be inspected
in order to determine whether the premises comply with all Board of
Health and fire ordinances and regulations of the Township. If the
premises do not so comply, the officers shall attach to the application
a written list of the failures and their recommendations and return
the same to the Township Clerk, who shall return a copy of the application
with such list of recommendations to the applicant. If the premises
do so comply, the officers shall attach thereto certificates so stating.
b.
The Township Clerk shall thereafter present the application, with
the certificates of compliance attached, to the Township Committee.
The Township Committee may thereupon cause to be made such further
investigation of the premises and of the information set forth in
the application as it deems necessary and advisable, and shall determine
whether or not such license shall be granted.
[1973 Code § 4:2-5]
a.
Each licensee shall procure and at all times cause to be maintained
on the licensed premises a permanent registration system which shall
consist either of a permanently bound volume of consecutively numbered
pages, or of a system of consecutively numbered registration cards
so designed that they can be filed or bound in numerical sequence.
Such registration system shall be submitted to the Chief of Police
of the Township for his approval. The Chief of Police shall endorse
the first or title page thereof or the initial card thereof with the
words "Official Register", followed by the name of the licensee, the
date of endorsement and the signature of the Chief. In the event of
the absence or disability of the Chief, the endorsement may be made
by the Acting Chief or by such other person as the Township Committee
shall direct. No registration system other than the "Official Register"
endorsed as aforesaid shall be used by the licensee unless and until
the "Official Register" shall have been completely filled, or all
cards used, as the case may be, upon the filling of any register,
or the completion of cards making up any such register, such register
or set of cards shall be preserved for not less than three years upon
the licensed premises, and a new registration system, endorsed as
aforesaid shall thereupon be used for subsequent registration.
b.
No person shall occupy, and no licensee shall permit any person to
occupy, any housing or lodging units on the licensed premises unless
the person renting such housing or lodging unit shall first:
1.
Display to the licensee or to his duly authorized agent or employee
in charge of the official register the official State registration
certificate of the motor vehicle, if any is then being used by the
registrant; and enter such information in registrant's handwriting,
in ink, in the Official Register; and
2.
Write in the Official Register immediately following his registration,
in ink, the full and true name, address and relationship, if any,
to the registrant of every other person who is to occupy such housing
or lodging unit, together with the make, year and State license or
registration number of the motor vehicle then being used by such registrant.
3.
Thereafter, the licensee shall cause to be entered in the Official
Register, in ink, the number or name of the housing or lodging unit
assigned to each such registrant, the date and hour of registration,
the signature of the agent or employee of licensee making or accepting
the registration, together with the date of such registration and
thereafter the date when the occupant or occupants of each housing
or lodging unit quits and surrenders the same.
c.
The Official Register shall be kept and preserved by the licensee
and shall be available on request at any hour of the day or night
to any law enforcement officer.
[1973 Code § 4:2-6]
The license required by this section, together with a copy of
this section, shall be posted in a conspicuous place in the lobby
or main entrance hall of every licensed premises.
[1973 Code § 4:2-7]
a.
The provisions of the New Jersey State Housing Code, heretofore adopted
in this Township, shall apply to all rooms licensed under this section;
in any case where the regulations under the Housing Code are more
restrictive than the requirements of this section, the Housing Code
shall control; and in any case where the provisions of this section
are more restrictive than the provisions of the Housing Code, the
provisions of this section shall control.
b.
Every room occupied for sleeping purposes by one occupant shall contain
at least 80 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
60 square feet of floor space for each occupant thereof.
c.
No premises shall be operated or conducted as licensed premises hereunder
which does not provide at least one flush type water closet, lavatory,
and a bathtub or shower, for every eight persons or part thereof.
d.
Every room in any licensed premises hereunder which is occupied or
is intended, arranged or designed to be occupied for sleeping purposes
shall be of such size as to provide at least 250 cubic feet of air
space for each person 12 years of age and older and at least 200 cubic
feet of air space for each child under 12 years of age. No greater
number of occupants than so determined shall be permitted to sleep
in any one room. No room in any licensed premises shall be used or
occupied by more than four persons over the age of 15 years, for sleeping
purposes, at any one time. No such room shall be used for sleeping
purposes, which does not open to the outside of the building on a
street, alley, yard or court; each such sleeping room shall have at
least one window not less than eight square feet in area and one door
for ingress and egress.
e.
No basement, kitchen, garage, lobby, hallway or barn shall be used
or occupied for sleeping purposes; no porches shall be so occupied
unless the adjoining space or room is occupied by the same registrant,
and then only if the cubic content and floor space thereof shall comply
with all provisions of this section.
f.
No gas, coal or electric range or stove or any other apparatus or
appliance shall be used for cooking or the preparation of food, or
be installed in any room or unit in any licensed premises which is
occupied or is intended, arranged or designed to be occupied for sleeping
purposes, nor shall any food be cooked, prepared or stored in any
such room or unit.
g.
No licensee hereunder shall let, underlet, rent or permit any licensed
premises or any part thereof for the purpose of being occupied by
any registrant with the privilege of installing in any room occupied
or intended, arranged or designed to be occupied as a sleeping room,
any gas, coal or electric range or stove or any other apparatus or
appliance to be used for the purpose of cooking, storing or preparing
food.
h.
No registrant hereunder or occupant of any licensed premises shall
store food or cook or otherwise prepare food in any room in such licensed
premises which is or are occupied or intended, arranged or designed
to be occupied for sleeping purposes.
[1973 Code § 4:2-8]
Any license issued under this section may be suspended or revoked
for any violation of this section or revoked for any violation of
this section or for any conviction of any licensee or of any stockholder
holding 10% or more of any corporate license, or director or officer
thereof, of a crime involving moral turpitude, after due notice of
the charges and a hearing by the Township Committee, at which time
the licensee shall be afforded full opportunity to be heard.
[1973 Code § 4:2-9; Ord. No. 2012-794]
[1973 Code § 4:2-10; Ord. No. 2012-794]
All licenses issued under this section shall be for a term of
one year, commencing on February 1 and expiring on January 31 of the
following year.
[Ord. No. 2003-676 §§ 1,
2]
a.
Purpose. It is the purpose of this subsection to implement the provisions of P.L. 2003, c. 114 (N.J.S.A. 40:48F-1 et seq.), which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any government entity upon the occupancy of a hotel room.
b.
There is hereby established a Hotel and Motel Room Occupancy Tax in the Township of Green Brook which shall be fixed at a uniform percentage rate of 1% on charges of rent for every occupancy of a hotel or motel room in the Township of Green Brook on or after July 1, 2003, but before July 1, 2004, and 3% on charges of rent for every occupancy of a hotel or motel room in the Township of Green Brook on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).
c.
The Hotel and Motel Room Occupancy Tax shall be in addition to any
other tax or fee imposed pursuant to statute or local ordinance or
resolution by any governmental entity upon the occupancy of a hotel
room.
d.
The Hotel and Motel Room Occupancy Tax authorized herein shall not be imposed on the rent for and occupancy if the purchaser, user, or consumer is an entity exempt from the tax imposed on the rent for an occupancy under the "Sales and Use Tax Act" pursuant to subsection (a) of section 9 of P.L. 1966, c.30 (C. 54:32B-9).
e.
In accordance with the requirements of P.L. 2003, c.114:
1.
All taxes imposed by the Chapter shall be paid by the purchaser.
2.
A vendor shall not assume or absorb any tax imposed by this ordinance.
3.
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will not be separately charged and stated to the customer,
or that the tax will be refunded to the customer.
4.
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
5.
The penalty for violation of the foregoing provisions shall be $100
for each offense.
f.
The tax imposed by this Chapter shall be collected on behalf of the
Township by the person collecting the rent from the hotel or motel
customer. Each person required to collect the tax herein imposed shall
be personally liable for the tax imposed, collected, or required to
be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
part of the rent and payable at the same time; provided that the Chief
Financial Officer of the Township shall be joined as a party in any
action or proceeding brought to collect the tax.
g.
A copy of the Ordinance shall be transmitted to the State Treasurer
and to each hotel or motel located within the Township of Green Brook.
[Ord. 8-9-73 § 1.1;
1973 Code § 7:2-1; Ord. 97-629 § 2]
The purpose of this section is to provide standards and regulations
for intrusion, burglar, fire and other emergency alarm devices whether
by direct line, telephone or other means actuating a device at the
Police Headquarters of the Township, and requiring response thereto
by the Police Department, Fire Department, emergency medical service,
or other municipal agencies.
[Ord. 8-9-73 § 1.2;
1973 Code § 7:2-2; Ord. 10-14-82 § 1; Ord. 97-629 § 2]
The provisions of this section shall apply to any person who operates, maintains or owns either an alarm device or local alarm designed to summon the Police, Fire Department, emergency medical service, or other local municipal services; or any local alarm system which when activated gives public attention so that the Police, Fire Department, emergency medical service or other local agencies may be summoned to any location in response to such type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Township, so long as such activity is not connected to the alarm console; except, however, that any person having a premises protected by an alarm device or local alarm shall still be responsible for the registration thereof in accordance with subsection 4-7.5, without fee.
[Ord. 8-9-73 § 1.7;
1973 Code § 7:2-3; Ord. 2-10-77 § 5; Ord. 12-10-81 § 1; Ord. 97-629 § 2]
As used in this section:
Shall mean the console or control panel of devices giving
a visual or audio response, or both, and located within the confines
of the Police Department of the Township.
Shall mean any type of alarm system actuating equipment in
the alarm console providing warning of intrusion, fire, smoke, flood,
medical emergency, or other peril.
Shall mean any alarm device or combination of devices installed
for one or more buildings at a location other than the alarm console.
Shall be limited to a member of the Police Department of
the Township.
Shall mean that type of device using regular telephone lines
transmitting a digital code signal to the digital receiver at Police
Headquarters.
Shall mean any alarm actuated by inadvertence, negligence
or unintentional act of someone other than an intruder, and shall
include sounding of alarms caused by malfunctioning of the alarm device
or other relevant equipment, but shall not include alarms created
by malfunction of the alarm console, or intentional false alarms which
shall be subject to penalty under statute.
Shall mean any type of alarm system which is situated within
the confines of any dwelling or commercial structure with a horn,
speaker or other sounding device designed to produce an external audible
signal.
Shall mean any person owning an alarm device or a local alarm within the scope of this section, and any person given permission to connect a dial alarm device to a separate or special police number pursuant to subsection 4-7.7, paragraph a.
[Ord. 8-9-73 § 1.4;
1973 Code § 7:2-4; Ord. 12-10-81 § 1; Ord. 97-629 § 2]
a.
The Police Department of the Township shall install and maintain,
as Township property, the alarm console, being the Police Receiving
System, Ademco Number 535 (Alarm Device Manufacturing Company), including
control cabinet, plug-in control module, display panel and appropriate
energy packs and the Ademco Number 685 Digital Receiver, subject to
periodic review of the efficacy of the system by the Chief of Police
and the Township Committee. No other alarm console shall be installed
or maintained in the Police Department.
b.
Any connection to the police alarm console or digital alarm receiver
shall be of a type inspected and approved by the Chief of Police of
the Township, or his designated representative, and shall be compatible
with the alarm console and/or the digital receiver. The acceptance
of any alarm system by the Chief of Police as provided herein shall
in no manner place upon the Township of Green Brook Police Department
any additional liabilities other than those statutorally incurred
with police or fire functions.
c.
There shall be a charge for the initial connection to the alarm console
of $50, which shall be payable prior to connection.
d.
Transfer. All alarms existing as of the effective date of this section
must be reregistered, but are exempt from payment of the $50 connection
fee, provided they are re-registered within 12 months of the date
hereof.
[Ord. 8-9-73 § 1.5;
1973 Code § 7:2-5; Ord. 2-10-77 § 1; Ord. 97-629 § 2; Ord. No. 2012-794]
a.
Any person, firm or corporation which owns or operates a police alarm
device, or audible local alarm shall make application for the continuance
thereof in writing to the Chief of Police, which application shall
contain at least the location of the device, the name of the installer
of the device, the type of device, maintenance provisions, provisions
relating to false alarms and testing procedures, a list of persons
to be contacted in the event of an alarm, and other information as
may be required by the Chief of Police
b.
Outside audible local alarms shall be registered, but no fee shall
be charged therefor.
c.
For alarm devices, the permittee shall pay whatever charges are required
by any alarm company making such installation, telephone leasing charges,
and in addition thereto, such connection or other charges as hereinabove
provided, to the Township an annual fee for the privilege of maintaining
connection to the console, which fee shall be payable by February
1 of each year annually so long as the permit is in force; any permit
issued between February 1 and January 31 shall require a prorated
payment for each full month of service. The fee shall be established
and adjusted by resolution or ordinance of the Township Committee.
Should any such fee be delinquent for more than 30 days, the Chief
of Police shall notify the permittee in writing that such system will
be disconnected from the alarm console unless the fees are paid within
seven days of notice.
d.
Any permit granted to a permittee hereunder is granted with the express
condition that the permittee shall make no claim against the Township,
its boards, agencies, agents, or employees for any personal injury
or property damage arising out of activities of the permittee, the
permittee's alarm contractor, or the telephone company.
[Ord. 8-9-73 § 1.6;
1973 Code § 7:2-6; Ord. 97-629 § 2]
The Township shall be under no duty or obligation to any permittee
to continue the alarm service provided hereunder. The alarm console
and allied equipment are maintained at will and subject to termination
at any time by cancellation of the system by resolution duly adopted
by the Township Committee, and any individual permit issued hereunder
may be revoked at any time by the Township Committee upon recommendation
of the Chief of Police providing that 30 days' notice is given
in writing to the permittee.
[Ord. 8-9-73 § 1.7;
1973 Code § 7:2-7; Ord. 2-10-77 §§ 2 — 4; Ord. 12-10-81 § 1; Ord. 10-14-82 § 1; Ord. 9-8-83 § 1; Ord. 97-629 § 2]
b.
Special Fire Alarm Installations.
1.
All fire alarm devices shall be installed in accordance with the
requirements of the State of New Jersey and with the approval of the
Chief of the Bureau of Fire Prevention of the Township Fire Department.
2.
Where the fire alarm system required by a particular permittee requires
a coded tape in addition to performing the functions of the Modularm,
provided through the police alarm console, a digital communicator
is to be utilized.
c.
Representative Shall Be on Call. Any permittee utilizing the police
alarm console or police digital receiver shall provide for a representative
or alarm service person to be on call at all times, and service shall
be provided within 24 hours of notification by the Police Department
of any malfunction of any equipment.
d.
Alarms Shall Automatically Deactivate. Alarm devices, whether or
not connected to the police console, and all local alarms utilizing
an external audible signal shall be designated so as to automatically
silence after 15 minutes of activation.
1.
Connections to the police alarm console shall be compatible with
Ademco Model 535. Alarm permittees are to supply Ademco Model Number
641 Fire Module or Ademco Model Number 444 Grade AA Line Security
Module. Permittees utilizing the police alarm console are required
to provide battery capability so that false alarms are not transmitted
during power failure.
2.
Alarm companies or permittees who are not able to supply alarm systems compatible with the Ademco Alarm Console Model Number 535, or the Ademco Digital Receiver may provide interfaces with the stipulation that interface shall not require any control by the police desk officer. Any such interface installation shall be approved by the Chief of Police. The cost of installation and maintenance of such interface shall be paid by the applicant, in addition to any fees required in subsection 4-7.5, paragraph c.
3.
In the event an audible signal shall fail to silence after 15 minutes
of activation (whether an alarm device into Police Headquarters or
local outside audible alarm), the permittee shall be given a reasonable
opportunity, by notification at the emergency number as registered
with the Police Department, to disconnect the signal. Such reasonable
time shall be determined at the discretion of the Chief of Police,
or his designee, considering the loudness of the signal, the time
of the day or night, and the disturbance being caused by its failure
to deactivate. If the owner does not arrange for its disconnection
within such time, or cannot be reached within such time, the Chief
of Police or his designee shall have the authority to enter upon the
owner's premises for the purpose of disconnection so as to abate
a public nuisance.
e.
False Alarms.
1.
In case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with subsection 4-7.8. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and keep a record of the alarm activations on file.
2.
Where the investigation of the Police Department discloses continued
abuse of the privilege of connection to the alarm console and a disregard
of the permittee for taking remedial steps to avoid false alarms,
the Township Committee reserves the right to require disconnection
from the alarm console for a limited or permanent time, provided that
no such permit shall be suspended or revoked without giving the permittee
an opportunity to show cause before the Township Committee why such
action should not be taken.
3.
In case of false alarms from digital communicator permittees or from
privately maintained alarm systems, the Chief of Police shall cause
an investigation to be made and keep a record of the alarm activations
on file. The Chief of Police shall issue a written warning upon receipt
of three false alarms during any twelve-month period. At the fourth
false alarm activation during any twelve-month period, a summons will
issue, with a fine of no less than $50. At the fifth false alarm during
any twelve-month period, a summons will issue, with a fine of no less
than $100. At the sixth false alarm during any twelve-month period,
a summons will be issued, with a fine of no less than $250. Permittees
whose systems generate more than six false alarms in any twelve-month
period may be disconnected from the system at the discretion of the
Township Committee, upon 30 days' written notice from the Chief
of Police.
A false alarm which investigation shows to be the result of
an electrical storm, defective electronic component or other cause
not the result of negligence or human error on the part of the permittee,
and beyond the control of the permittee, shall not be counted against
the permittee in assessing the foregoing penalties or computing the
number of false alarms.
f.
Inspection. Any permittee shall be deemed as having consented to
inspection of the premises on which the alarm devices are installed
at reasonable hours by the Chief of Police or his designated representatives.
g.
Notification. Any permittee who shall fail to respond to the premises
when notified by the police of the fact of any alarm, either in person
or by designated and authorized agent, shall be in violation of this
section and subject to the penalties hereunder. Notification as contemplated
hereunder shall be complete when made by the police by telephone or
other means to the permittee or any person answering any telephone
or at any address designated by the permittee for notification in
case of emergency.
[Ord. 8-9-73 § 1.8;
1973 Code § 7:2-8; Ord. 97-629 § 2]
The Chief of Police may promulgate rules and regulations supplementing
this section in order to provide for record-keeping and efficient
management of the system, provided, however, that the Township Committee
must first approve the rules or any changes thereto.
[Ord. No. 2012-794]
Monthly fees for this service shall be set from time to time
by the Township Committee by resolution or ordinance.
[1973 Code § 4:7-1]
No person or corporation shall maintain, conduct or operate,
or engage in or carry on the business of maintaining, conducting or
operating any pool room or billiard room, or place in which pool or
billiards shall be played for gain, hire or reward, in the Township
without a license to do so as hereinafter provided.
[1973 Code § 4:7-2; Ord. No. 2012-794]
A license fee equal to $20 for each pool table and/or billiard
table to be used or operated shall be paid for such license upon the
issuance thereof. All licenses issued under this section shall be
for a term of one year, commencing on February 1 and expiring on January
31 of the following year. Any fees charged pursuant to this subsection
shall be prorated based on the number of months remaining in the year
of licensing but no less than 1/4 the amount set forth in this subsection.
A monthly late fee of $25 shall be imposed.
[1973 Code § 4:7-3]
Such license may be issued by the Township Clerk upon payment
to him of such license fee, but only after resolution of the Township
Committee granting the same upon written application by the person
asking therefor setting forth the location and description of the
room or premises in which the business is to be conducted, the full
name and address of each person or corporation interested therein
as owner and the number of pool rooms, billiard rooms, pool tables,
and billiard tables to be used therein; and no license shall be issued
to any person or corporation other than the actual proprietor of the
room or place of business licensed. In case of sale or transfer of
such business, such license may be transferred upon consent thereto
by the Township Committee, and upon the payment of a transfer fee
of $10.
[1973 Code § 4:7-4; Ord. 6-10-76 § 1; Ord. 2-16-88 § 1]
No pool or billiard room shall be open to the public between
the hours of 2:00 a.m. and 10:00 a.m. prevailing time, and no pool
table or billiard table located in a room used for other purposes
in licensed premises shall be used between such hours.
Notwithstanding the foregoing, in licensed premises which are
not located in premises for which an alcoholic beverage license is
also issued, the Township Committee, by resolution and upon application
of the licensee, is authorized:
a.
To permit earlier morning use of licensed premises for use of pool
tables or billiard tables in connection with organized activities
connected with a school or regularly organized and sponsored youth
activity; any such resolution shall specify the terms of such authorization,
the nature of the organization, school or use, and the period of such
authorization.
b.
To permit use of such licensed premises during the period between
2:00 a.m. and 10:00 a.m. prevailing time, for use of adult patrons
of such licensed premises, provided there shall be at least two personnel
(operators or employees or combination thereof) on such premises during
such hours, that the premises maintain a security system for the premises
connected to the police headquarters, and that no substantial amount
of cash be kept on said premises during these hours which would be
accessible to employees or patrons of the premises; and such resolution
shall specify the terms of such authorization and the periods of such
authorization, and shall be subject to annual review by the Township
Committee, which shall obtain a report from the Chief of Police prior
to adoption of any such resolution of authorization.
[1973 Code § 4:7-5]
All premises licensed under this section shall have a competent
adult attendant present at all times.
[1973 Code § 4:7-7]
All licensees and persons employed by them in connection with
the aforesaid businesses shall be persons of good moral character.
The licensed premises shall be neat and sanitary and kept well-lighted,
and shall conform to all ordinances of the Township relating to buildings,
their construction and use, and shall have adequate parking. In considering
renewals the Township Committee may consider the past experience with
the licensee and his premises, and with new applications, the Township
Committee may seek references from municipalities where the applicant
has operated similar businesses.
[1973 Code § 4:7-8]
The Township Committee may revoke any license, or may suspend
the same, for sufficient cause after a hearing for which at least
five days' written notice has been given to the licensee.
[1973 Code § 4:5-1]
No person shall maintain, conduct or operate, or engage in the
business of maintaining, conducting or operating any bowling alley
or bowling alleys, or place or room in which bowling shall be played,
for gain, hire, or reward, in the Township, without a license to do
so as hereinafter provided.
[1973 Code § 4:5-2; Ord. No. 2012-794]
A license fee equal to $10 for each bowling alley to be used
or operated shall be paid for such license upon the issuance thereof,
All licenses issued under this section shall be for a term of one
year, commencing on February 1 and expiring on January 31 of the following
year. Any fees charged pursuant to this subsection shall be prorated
based on the number of months remaining in the year of licensing but
no less than 1/4 the amount set forth in this subsection. A monthly
late fee of $25 shall be imposed.
[1973 Code § 4:5-3]
Such licenses may be issued by the Township Clerk upon payment
to him of such license fee, but only after resolution of the Township
Committee granting the same upon written application by the person
asking therefor, setting forth the location and description of the
premises in which the business is to be conducted, the full name and
address of each person or corporation interested therein as owner,
and the number of bowling alleys to be used therein, and a description
of any other uses, amusements, and restaurant facilities to be provided
in the same premises. No license shall be issued to any person other
than the actual proprietor of the place of business licensed. In case
of sale or transfer of such business, such license may be transferred
upon consent thereto by the Township Committee and on the payment
of a transfer fee of $10.
[1973 Code § 4:5-4]
All premises licensed under this section shall have a competent
adult attendant present at all times.
[1973 Code § 4:5-5]
All licensees and persons employed by them in connection with
the aforesaid business shall be persons of good moral character. The
licensed premises shall be neat and sanitary and kept well lighted
and shall conform to all ordinances of the Township relating to buildings,
their construction and use, and all ordinances and regulations relating
to fire prevention and fire protection. In considering renewals, the
Township Committee may consider the past experience with the licensee
and his premises; and with new applications, the Township Committee
may seek references from municipalities where the applicant has operated
similar businesses.
[1973 Code § 4:5-6]
The Township Committee may revoke any license or may suspend
the same, for good cause after a hearing for which at least five days'
written notice has been given to the licensee.
[1973 Code § 4:10-1]
All truck warehouses, transfer terminals, now or hereafter existing
in the Township, are hereafter to be licensed annually under the terms
and conditions herein after stated.
[1973 Code § 4:10-2; Ord. No. 2012-794]
A truck terminal or transfer station shall be deemed to be any
lands and premises or lands or premises used for the transfer of materials
and other personal property by truck or other motor vehicle on route
which stops enroute in the Township. The license fee for the operation
of the truck transfer terminal or warehouse as hereinbefore set forth
shall be $150 annually. All licenses issued under this section shall
be for a term of one year, commencing on February 1 and expiring on
January 31 of the following year. Any fees charged pursuant to this
subsection shall be prorated based on the number of months remaining
in the year of licensing but no less than 1/4 the amount set forth
in this subsection. A monthly late fee of $25 shall be imposed.
All applications for licenses shall be made to the Township
Clerk, and shall set forth the following information:
a.
Name of record owner of premises or buildings to be licensed.
b.
Name of tenant or lessee of the premises.
c.
Area to be occupied in the conduct of the business.
d.
Nature of goods, merchandise, and chattels transported.
e.
Name of person in State of New Jersey who is responsible for obtaining
the license.
[1973 Code § 4:10-3]
No explosive or volatile substance shall be stored on route
under the terms of the section unless permission for same is first
had and obtained from the Chief of the Fire Department.
[1973 Code § 4:10-4]
All merchandise shipped and enroute and stored in the Township
in the original vehicle of transfer or stored in a building warehouse
therefor shall not be exposed.
[1973 Code § 4:10-5]
No accumulation of waste or debris shall be permitted on the
lands and premises surrounding the premises or the truck or vehicle,
in which the goods and chattels are stored.
[1973 Code § 4:10-6; New]
a.
It shall be the duty of the Chief of the Fire Department of the Township
to strictly enforce all of the provisions of this section, provided,
however, that nothing herein shall be deemed to remove the concurrent
right of enforcement in the Police Department.
b.
The general agent, owner, tenant, or any other person who commits, takes part or assists in any violation of this section or who maintains any building or premises or lands on which any violation of this section shall exist, may, for each and every violation, be subject to the penalties provided in Chapter 1, Section 1-5 of this Code.
c.
Each day that a violation is permitted to exist shall constitute
a separate offense.
[Added 4-16-2018 by Ord.
No. 2018-845]
It shall be unlawful for any person or persons to engage in
the business of selling, renting, leasing or exchanging any motor
vehicle, as hereinafter defined, within any building or upon any open
lot in the Township without first obtaining a license therefor as
herein provided; provided, however, that no license shall be required
for the offering for sale of one motor vehicle on a residential lot
that is owned and registered to a resident residing on the premises.
[Added 4-16-2018 by Ord.
No. 2018-845]
As used in this section:
Shall mean and include the offering of motor vehicles for
sale, rental, lease, or exchange by exhibiting, storing, parking,
locating or keeping such motor vehicles within a building or upon
an open lot, as aforesaid with the intent to sell, rent, lease or
exchange such vehicles.
Shall mean and include all vehicles which are self-propelled
otherwise than by muscular power, and designed for use on land or
roadways, whether new or used, and including but not by way of limitation,
all passenger cars and vehicles, motorcycles, motorbikes, and the
like.
Shall mean any lot, tract or parcel of land, or portion of
the same, not enclosed in a substantial, permanent building; it shall
include any portion of any lot, tract or parcel of land used for the
legal and valid sale, rental, lease or exchange of any motor vehicles
from open areas, whether or not the same be in conjunction with or
adjacent to the same or similar or allied business from an enclosed
building.
[Added 4-16-2018 by Ord.
No. 2018-845]
a.
Applications for licenses to conduct the business of selling or exchanging
motor vehicles within a building or upon an open lot shall be made
to the Township Clerk and shall be accompanied by the license fees
hereinafter stated. Such applications shall be made upon forms to
be prepared by the Township Clerk and shall set forth: The full name
of the applicant with his post office address; an accurate description
of the premises whereon the business is to be conducted including
a sketch of such location; the number of square feet to be devoted
to such business; the name of the owner of such open lot with his
post office address; a designation of the areas to be kept open and
free of vehicles so as to provide adequate access for surveillance
and fire equipment, as hereinafter provided; specification of the
types of lighting to be provided, including the location thereof and
the intensity, construction and type thereof; and such other matters
as may be required by the Township Clerk.
b.
Before any license or renewal shall be issued, the Township Committee
shall receive the following:
1.
A copy of the Certificate of Occupancy for the premises showing that
the same conforms to the Zoning Ordinance of the Township, or when
such Certificate shall have been issued more than one year prior to
the time for the issuance of such license or renewal, a report from
the Zoning Officer affirming that the Certificate is still in effect
and a summary of the preceding years zoning violations (if applicable).
2.
A report from the Police Department showing record of any violations
which have occurred on the premises and detailing complaints received
with references to the premises and all police activity connected
with the licensed premises since the last report thereon.
3.
A report from the Fire Company setting forth any calls to the premises
and showing the results of an inspection thereof with regard to fire
hazards and fire prevention.
5.
A copy of the license to do business as a New or Used Car Dealership
from the New Jersey Motor Vehicles Commission.
c.
The issuing authority for all licenses, including renewals, shall be the Township Committee. Before issuing any such license or renewal the Township Committee shall be satisfied that all the requirements of this section have been met; that the premises do conform to all other applicable ordinances of the Township; that the location has been so located and will be so situated as to afford readily available access for police services and firefighting equipment, and so as to be observable and accessible for police protection; that the lighting proposed shall be such as not to cause glare to other premises or to violate any other ordinance of this Township, but shall be sufficient to allow surveillance at times when the premises are unattended and to mitigate against the commission of crimes on the premises (For regulations concerning the maintenance of standards on business and industrial properties to assist in the providing of police and fire protection, see § 3-3 of Chapter III, Police Regulations.); and that the proposed licensee holds or will hold the proper State licenses in connection with the registration aspects of such business.
d.
Where the Township Committee has authorized the issuance of a license,
or renewal, as the case may be, the Township Clerk shall issue such
license under his hand and the seal of the Township, which license
shall bear the date of the day of its issue and shall expire one year
thereafter.
e.
All licenses issued under this section shall be for a term of one
year, commencing on February 1 and expiring on January 31 of the following
year.
[Added 4-16-2018 by Ord.
No. 2018-845]
The annual license fee for the license aforesaid shall be:
a.
As a Principal Use on the lot: $900.
b.
As an Accessory Use on the lot: $100.
c.
Any fees charged pursuant to subsection 4-11.3 shall be prorated based on the number of months remaining in the year of licensing but no less than 1/4 the amount set forth in this subsection.
d.
A monthly late fee of $25 shall be imposed.
[Added 4-16-2018 by Ord.
No. 2018-845]
No license issued hereunder shall be assigned unless application
therefor be made to the Township Committee and its approval obtained,
and no license shall be transferred to a different location than that
for which issued, unless application therefor be made to the Township
Committee and its approval obtained.
[Added 4-16-2018 by Ord.
No. 2018-845]
a.
No motor vehicle shall be exhibited, stored, parked, located or kept
under the license issued hereunder except upon the premises described
in the application therefor, and this shall not be construed to include
the sidewalk or street or shoulder thereof, upon which the premises
abut, nor any part of the lot or parcel of which the licensed premises
shall form a part required by the Township, its Land Use or Zoning
Ordinance, as the case may be, for required open space, sideyard,
or buffer.
b.
The licensee shall file with the Chief of Police and keep up-to-date
at all times during the license period, a telephone number or numbers,
and an address, at which a responsible representative of the licensee
may be reached at all hours at which the premises are unattended.
c.
The sale, rental, leasing, storage, or display of trucks with a gross
vehicle weight above 8,500 lbs, busses, truck trailers, trailers designed
or intended for hauling or transporting, trailers designed or intended
for dwelling purposes, campers, recreational vehicles (whether self-contained,
motorized, or requiring another vehicle in order to move same from
place to place), boats, motorized sleds or carts, motorcycles, motor
bikes or the like, or construction, quarrying or tree service equipment,
and construction machinery is prohibited.
d.
All lights used for display of the motor vehicles upon the open lot
shall be turned off no later than 10:00 p.m., prevailing time; and
shall not be relighted until the next business day; subject, however,
to the requirement that there be sufficient exterior lighting at all
times to allow surveillance at times when the premises are unattended
and to mitigate against the commission of crimes on the premises,
as aforesaid.
e.
Loading and unloading of vehicles shall only occur within designated
areas of the site, as approved by the Land Use Board, and may not
occur on any public roadways.
f.
Landscaped buffers shown on the approved site plan shall be maintained
and replaced as needed to insure their intended purpose is achieved.
g.
For used motor vehicle sales as an accessory use:
1.
Are only permitted on sites with a principal use of public garage.
2.
Are limited to three motor vehicles for sale at any time.
3.
Vehicles for sale may not be placed within any parking spaces designated
for use by customers of the principal use, handicap accessible spaces,
or obstructing driveways or fire lanes.
4.
Vehicles shall not be displayed within 35 feet of any public right-of-way.
[Added 4-16-2018 by Ord.
No. 2018-845]
Each licensee shall submit proof of public liability insurance
in the amount of $100,000 per person/incident up to $250,000 per incident
for bodily injury or death, $100,000 for property damage and $250,000
combined personal injury and property damage per incident for all
owned or fleet vehicles. Such insurance certificate must contain a
thirty-day cancellation clause.
[Added 4-16-2018 by Ord.
No. 2018-845]
The Township Committee may suspend or revoke any time any license
issued hereunder, after public hearing of which five days' notice
in writing shall be given to the licensee by serving the same personally
upon him or by mailing the same to the address shown in the application
for such license, if the licensee shall have used or permitted the
premises licensed to be used for any improper, immoral or illegal
business or purpose, or if the licensee shall fail to keep the licensed
premises in a clean, safe and sanitary and proper condition, or for
violation of the provisions of this section or Zoning Ordinance.
[1973 Code § 4:3-1]
It shall be unlawful for any person, firm or corporation to
maintain, operate or conduct a junk shop or junk yard, in or upon
which junk as hereinafter described, shall be purchased, sold, stored,
repaired, renovated or restored, within the Township, without first
having obtained a license for such purpose, as hereinafter provided.
[1973 Code § 4:3-2]
As used in this section:
Shall mean the violation of any of the provisions of this
section, or any false statement contained in the application for license,
or failure to pay any license fee when due, or any conviction of the
applicant during the term for which the license was issued for the
violation of any criminal statute or law of the State of New Jersey,
or of any State in the United States, or the United States Government.
Shall mean and include rags, scrap, iron, shavings, borings,
old rope, old iron, brass, copper, tin, lead, aluminum and other old
materials, automobiles, trucks, tractors, trailers, construction equipment
and all manner of vehicles which are unfit for reconditioning for
sale for use of transportation, used parts of any of such vehicles
or equipment, old bottles, drums, barrels, glass, lumber, paper, discarded
machinery or parts thereof, old or broken pipe, brick, tubing and
any forms of construction materials, discarded ice-boxes, refrigerators,
freezers, washing machines, water heaters, tubs, bathtubs, water closets,
lavatories and other discarded fixtures, and any other second-hand
articles or used materials and merchandise and such other articles
or things as commonly come within the classification of junk.
Shall mean any person, firm, association, partnership, or
corporation which deals in junk for commercial purposes, or who buys
or otherwise acquires or collects or stores junk for commercial purposes
within the Township, in the manner provided in this section.
Shall mean any building within the Township in which junk
is stored, or placed, or sold, or purchased for commercial purposes
within the provisions of this section.
Shall mean any lands or parcels thereof on which junk is
collected or placed or stored for commercial purposes or for any remuneration
whatever.
Shall mean any land or building or both whereon a junk yard
is maintained under license hereunder or any junk shop which is licensed,
or any premises for which a license is issued to a junk dealer under
the provisions of this section.
[1973 Code § 4:3-3]
a.
All applicants desiring a license for the maintenance of a junk yard
or junk shop, or as a junk dealer, shall first file a written application
signed by the applicant with the Township Clerk, containing the following
information.
1.
Name and status of applicant; that is whether individual, corporation,
partnership or association. If an applicant is a corporation, the
applicant shall furnish the names and addresses of all officers and
registered agents and shall designate the office of each; if a partnership
or association, the applicant shall state the names and addresses
of all members thereof.
2.
Permanent residence address of applicant.
3.
The place or places of the permanent residence of the applicant for
each of the preceding three years.
4.
A full description of the premises desired to be licensed, including
a metes and bounds description of the lands constituting the premises,
together with a description of any buildings or improvements thereon,
and a sketch, diagram or map of the lands desired to be licensed.
5.
A description of the type and size of any buildings to be maintained
as a junk shop.
6.
A description of materials to be purchased or sold or stored in any
junk shop or in any junk yard, or in which any junk dealer intends
to deal.
7.
A statement of the number and places of arrests or convictions for
crimes against the applicant and the nature of the offenses on which
such arrests or convictions were made.
8.
A statement of the equipment to be used in the operation of the business
and the method of operation.
b.
Applications shall be accompanied by payment of the amount of the
license fee for the period involved.
c.
An applicant for a license shall cause notice of his application
to be published twice in successive weeks, at least once each week,
in a newspaper published and circulating within the County of Somerset,
the first of which publication shall be at least 10 days prior to
the date for consideration of the application by the Township Committee;
and the applicant shall also file due proof of publication with the
Township Clerk prior to the date for consideration of the application.
d.
The Township Clerk shall present any application, together with the
fee accompanying the same and proofs of publication, to the Township
Committee at its next meeting following receipt of proofs of publication
from the applicant. In the event the license applied for shall be
denied, the fee accompanying the license shall be returned, less,
however, the sum of 10% thereof to cover the cost of investigation
of the applicant.
e.
If the applicant is not the owner of the site where the business
is to be conducted, the owner's consent to the conduct of the
business described in the application shall be endorsed in writing
on the application, or otherwise annexed thereto.
[1973 Code § 4:3-4]
a.
The Township Committee may consider the application for license at
the meeting for which the application and proofs and fees are presented,
or it may set a date for a hearing to be held on the application at
some reasonable time thereafter, which hearing, however, shall not
be later than one month from the date of the Township Committee meeting
considering the same, and at which hearing any objectors to the license
may be heard and may present evidence as well as the applicant and
those in support of the license.
b.
If a date for hearing on the application for license is set, the
Township Committee may investigate the applicant and the matters set
forth in the application through its own officers, employees, or representatives,
and
1.
The Township Committee shall also obtain a report in writing from
the Tax Collector of the Township as to whether the applicant is in
default in the payment of any taxes owing the Township at the time
the application is filed, which report shall be filed with the Township
Clerk at least five days before the date of hearing set for the application.
2.
The Township Committee may investigate and consider as part of its
determination for the issuance of a license any unreasonable depreciation
of surrounding property of adjoining owners which might ensue from
the establishment or maintenance of such a business at the location
designated in the application. The proximity of schools, churches,
public highways, the suitability of the applicant to receive the license,
which shall include his arrest or conviction for criminal acts, social
and aesthetic desirability shall also be taken into consideration
of such application.
c.
After considering all the evidence with respect to the application,
the Township Committee may issue, or deny the license to the applicant
for good cause revealed by the facts or evidence, and if any application
for license is denied, the Township Committee shall state in writing
the reasons for the denial forming the good cause found by the Township
Committee denying license to the applicant.
d.
The license when issued by the Township shall be displayed in a conspicuous
place upon the licensed premises at all times.
e.
The Township Committee, after investigating and considering an application
for license hereunder, or after hearing the same shall, if the application
subscribes to the provisions of this section, authorize the Township
Clerk to issue a license to the applicant, which licensee shall be
effective from the date of issuance to midnight of June 30 in the
year following the date of issue.
[1973 Code § 4:3-5]
All licenses granted under this section and all premises licensed
hereunder shall be subject to the following regulations:
a.
Fence or Enclosure Required; Entrances and Exits Locked When Unattended.
1.
A junk yard shall be completely obstructed from view from the public
road. In obstructing the view of the licensed premises from the public
road, the licensee shall have at the time of the application, or shall
construct within 60 days of the granting of any license and before
storing of any junk, a solid board fence or other solid material at
least seven feet high from the ground and built in such manner so
as to obstruct visibility of the junk yard from any public street
or public property from outside the enclosure. The said fence or enclosure
shall be painted with either a white or dark green paint and shall
be maintained in good condition at all times. There shall be no advertisement
allowed or any description or writing on the fence except the owner's
name and description of the character of his business, and such description
or writing shall not exceed an area of six square feet.
2.
The licensed premises shall be enclosed at the entrances and exits
thereto and therefrom by a gate or gates which shall be securely closed
and locked when unattended so as to preclude any entrance to the enclosure
whenever the enclosures may be unattended.
3.
The remaining premises around the junk yard shall be obstructed from
the view of adjoining owners so far as possible by a fence or shrubbery
either seven feet high or of such height as may obstruct the view
from surrounding property as best as may be done.
b.
No junk or rubbish or salvage material of any type shall be maintained
outside the enclosure surrounding the licensed premises of any junk
yard, nor outside of any junk shop licensed hereunder.
c.
No license issued hereunder shall entitle any licensee to operate
under the license at, in, or on any lot, building, or location or
any part thereof other than just specified in the license, and no
license shall be assignable or transferable to any other person or
party whatever.
d.
There shall be no burning of materials on any licensed premises,
and no open fires shall be permitted, except that this shall not prohibit
the controlled use of acetylene torches in salvaging or repairing
any goods, motor vehicles, or other chattels on the premises or parts
thereof. In the event that fires of accidental nature occur on the
licensed premises in such numbers or such periods of time as to create
a fire hazard to other properties or inhabitants of the Township,
or otherwise occur so consistently or in such number as to become
a nuisance to the Fire Department of the Township, the Township Committee
may revoke the license granted after due hearing and notice thereof
because of the hazardous nature or conduct of the business. At all
times adequate access shall be provided for fire fighting equipment.
e.
No materials of an explosive nature shall be maintained or demolished
on any licensed premises.
f.
No materials shall be kept or maintained on the licensed premises
which shall be of such odorous nature as to be offensive to adjoining
property owners or other inhabitants in the area of the licensed premises.
g.
The licensee shall take all reasonable measures to keep rats or other
vermin from the licensed premises.
h.
The licensee shall maintain sufficient fire extinguishers on the
licensed premises at all times, and shall also establish fire protection
according to standards recommended by the National Board of Fire Underwriters
for such premises. The licensee shall also report all fires to the
Chief of the Township Fire Department, furnishing date and extent
of fire, and cause, if known.
i.
No licensee hereunder shall purchase any goods, articles, or other
materials whatever from any person under the age of 17 years.
j.
The business of the licensee shall be operated in such manner as
not to cause unreasonably loud noises that are either so consistent
or so audible as to be a nuisance to other property owners or inhabitants
in the neighborhood.
k.
No licensee shall pile or stack or place junk above the level of
the height of the fence enclosing a junk yard or otherwise in such
manner as to create a fire hazard or to create a place for the harboring
of rats, mice or vermin.
l.
No licensee shall buy, sell, receive, dispose of, conceal or have
in his possession any motor vehicle from which the manufacturer's
serial number or any other number of identification mark has been
removed, defaced, altered, covered, or destroyed with the apparent
purpose of concealing the identity of such vehicle.
m.
All junk dealers shall keep books in which records are maintained
of all purchases by the junk dealer and which books shall be open
to inspection by any law enforcement agency.
[1973 Code § 4:3-6; Ord. No. 2012-794]
All licenses issued under this section shall be for a term of
one year, commencing on February 1 and expiring on January 31 of the
following year. Any license issued by the Township may be renewed
each year thereafter without publication of notice of application
by furnishing notice of intention to renew the license in writing
with the Township Clerk at least 30 days prior to February 1 of the
renewal year, and upon payment of the annual license fee of $750.
No hearing shall be required for the issuance of any renewal license
unless objections are filed in writing with the Township Clerk by
any inhabitant or taxpayer of the Township against the renewal of
the license. In the event a written objection is filed before renewal
as herein provided, the Township Committee shall set a date for hearing
and proceed to hear the objection and all evidence for and against
the issuance of such license not later than 15 days from the beginning
of the renewal period, and at the conclusion of the hearing the Township
Committee may then determine whether to issue a renewal license or
to deny the same if the evidence presented indicates sufficient cause
by virtue of prior violations of the ordinance by the licensee.
The Township Committee may authorize a temporary permit for
such licensee until the hearing has been completed and a determination
made so that the business of a licensee may not be suspended or interfered
with unreasonably by filing of any written objections.
[1973 Code § 4:3-7]
No licensee shall conduct any processing operations or purchases
or sales of materials on the licensed premises after 8:00 p.m. and
prior to 8:00 a.m. of the following day on weekdays.
[1973 Code § 4:3-8]
a.
The Township Committee may revoke any license granted at any time
during the period for which the license was issued on the Township
Committee's own action, or on the objection of any taxpayer or
inhabitant of the Township for good cause shown after a hearing provided
to the licensee following complaint in writing and at least seven
days' notice to the licensee setting forth the grounds of complaint.
b.
The licensed premises shall be open to inspection by the Fire Department,
Board of Health, and other authorized officials of the Township, at
any reasonable time of day or night.
[1973 Code § 4:3-9; Ord. No. 2012-794]
a.
The annual fees for each license issued hereunder shall be the sum
of $750 which shall be prorated where the license shall not have been
issued on February 1 of a year, and any period of a month over 15
days shall constitute a full month, and any period less than 15 days
shall constitute a half month for the purpose of prorating the annual
fee.
b.
Payment of the fees shall accompany filing of all applications for
licenses or for any intention to renew thereafter. In the event an
application for license is denied or renewal license is denied, the
fee shall be returned, less 10% for the cost of the Township in investigating
the same. In the event that license shall be revoked for good cause
shown or terminated voluntarily by the licensee, there shall be no
refund of any portion of the license fee.
c.
A monthly late fee of $25 shall be imposed.
[1973 Code § 4:9-1]
No nursing, convalescent or old age home, as defined in subsection 4-13.2, shall be operated except under a license from the Bureau of Fire Prevention of the Township. Such license shall be issued annually for a period of one year running from July 1 to June 30 of the following year, and shall be revocable for cause. Application for license shall be made on the form provided and, where deemed necessary, shall include plans showing details of the construction, exit facilities and fire protection equipment. No license shall be issued or approval given by the Township until the provisions of this section have been complied with and approval has been obtained from the Bureau of Fire Prevention of the Township.
[1973 Code § 4:9-2]
As used in this section:
Shall mean accepted by the enforcing officer as a result
of his investigation and experience, or by reason of a test, listing
or approval by Underwriters' Laboratories, Inc. National Bureau
of Standards, the American Gas Association Laboratories or other nationally
recognized testing agencies.
Shall mean a system which automatically detects a fire condition
and actuates a fire alarm signal device.
Shall mean the Bureau of Community Institutions of the Department of Institutions and Agencies of the State of New Jersey, or such other bureau or agency as may be given State jurisdiction over nursing homes and similar used under Chapter 11, Title 30, of the Revised Statutes of New Jersey, as now exists or as it may be amended or supplemented.
Shall mean a building or buildings used for the lodging,
boarding or nursing care on a twenty-four-hour basis of four or more
infants or children, convalescents or aged persons, but shall not
include hospitals and mental or correctional institutions.
Shall mean any room or enclosed floor space used or designed
to be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, water closet compartments, laundries, pantries, foyers
or communicating corridors, closets and storage spaces.
Shall mean and include person, persons, children, infants,
firm, corporation or co-partnership.
[1973 Code § 4:9-3]
a.
Every room occupied for sleeping purposes by one occupant shall contain
at least 80 square feet of floor space, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
60 square feet of floor space for each occupant thereof.
b.
No occupancy not under the control of, or necessary to, the administration
of a nursing, convalescent or old age home shall be contained in any
building used as sleeping quarters for such occupancy.
c.
No room may be used for sleeping if the floor level of the room is
lower than 3 1/2 feet below the average grade of the ground adjacent
to and within 15 feet of the exterior walls of the room.
[1973 Code § 4:9-4]
All nursing, convalescent and old age homes shall be of fire-resistant
construction in accordance with the Building Code adopted in the Township.
[1973 Code § 4:9-5]
a.
Heating apparatus and boiler or furnace rooms shall be separated
from other areas by construction having a fire resistance rating of
not less than one hour.
b.
Hazardous areas such as basements or attics used for the storage
of combustible material, workrooms such as carpenter shops, paint
shops and upholstery shops, central storerooms such as for furniture,
mattresses and miscellaneous storage, and similar occupancies intended
to contain combustible materials which will either be easily ignited,
burn with an intense flame or result in the production of dense smoke
and fumes, shall be separated from other areas by construction having
a fire resistance rating of not less than one hour or shall be protected
by an approved automatic fire detection or automatic sprinkler system.
[1973 Code § 4:9-6]
a.
At least two exit ways, remote from each other, shall be provided
for every occupied story of a building.
b.
Exit doorways shall be of such number and so located that the distance
of travel from the door of any occupied room to an exit doorway from
that floor shall not exceed 50 feet in an unsprinklered building nor
75 feet in a sprinklered building, except where buildings are constructed
and protected to comply with all requirements applicable to new buildings
used for institutional occupancy.
c.
The aggregate width of exit stairs and ramps shall be such as to
provide sufficient twenty-two inch exit units, at the rate of 15 persons
per exit unit, for the maximum number of persons that may occupy any
floor, except where buildings are constructed and protected to comply
with all requirements applicable to new buildings used for institutional
occupancy.
d.
Each occupied room shall have at least one doorway opening directly
to the outside, or to a corridor leading directly or by a stairway
or ramp to the outside.
[1973 Code § 4:9-7]
a.
Stairs and ramps serving in required exit ways shall be not less
than 40 inches wide.
b.
At least one required exit doorway from each floor above or below
the first floor shall lead directly, or through an enclosed corridor,
to the outside. A second or third required exit doorway, where a more
direct exit is impractical, may lead to a first floor lobby having
ample and direct exits to the outside.
c.
All floor openings, such as interior stairways, laundry chutes and
dumbwaiter shafts, extending to cellar or basement and between occupied
floors shall be enclosed in partitions having a fire resistance rating
of not less than one hour, except that in sprinklered buildings such
enclosures may be of any construction having a fire resistance of
not less than 1/2 hour.
d.
All floor openings shall be enclosed as required by paragraph c,
except that stairway enclosures may be either at the head or foot
of each stairway from one floor to another.
[1973 Code § 4:9-8]
a.
Corridors and passageways in a required exit way shall be unobstructed
and shall not lead through any room or space used for a purpose that
may obstruct free passage. Corridors and passageways which lead to
the outside from any required stairway shall be enclosed as required
for stairways.
b.
Corridors and passageways in a required exit shall be at least 40
inches wide.
[1973 Code § 4:9-9]
[1973 Code § 4:9-10]
a.
All floors above the first floor occupied by persons under care and
exceeding 3,000 square feet in area shall be divided into separate
areas by smoke barriers so located as to provide ample space on each
side for the total number of beds on the floor. Doors provided in
such smoke barriers shall be smoke-resistive doors, as described in
paragraph b, so installed that they may normally be kept in open position,
but will close automatically or may be released manually to self-closing
action.
b.
Smoke barriers shall have a fire-resistance rating of not less than
1/2 hour. Metal, metal-covered or 1 3/8 inch thick solid core
flush-type wood doors, so hung as to be reasonably smoke-tight, may
be accepted as smoke-resistive doors. Openings in either smoke barriers
or smoke resistive doors shall be glazed with wired glass.
[1973 Code § 4:9-11]
Signs bearing the word "Exit" in plain legible block letters
shall be placed at each exit doorway, except at doors directly from
rooms to corridors or passageways and except at doors leading obviously
to the outside from the entrance floor. Additional signs shall be
placed in corridors and passageways wherever necessary to indicate
the direction of exit. Letters of signs shall be at least six inches
high, except that the letters of internally illuminated exit signs
may be not less than 4 1/2 inches high. All exit and directional
signs shall be maintained clearly legible by electric illumination
or other acceptable means when natural light fails. Fire exit plans
shall be kept current and exhibited in each room designed for occupancy.
[1973 Code § 4:9-12]
a.
Wall and ceiling surfaces of all occupied rooms and of all exit ways
therefrom shall be of such material or so treated as not to have a
flame spread classification of more than 75 according to the method
for the "Fire Hazard Classification of Building Materials" of Underwriters'
Laboratories, Inc., unless the building is sprinklered.
b.
All combustible decorative and acoustical material, including textile
floor coverings and curtains located in corridors, passageways or
stairway enclosures and in lobbies or other rooms or spaces for use
by occupants or visitors, shall be rendered and maintained flame-resistant.
A material shall be deemed to be flame-resistant if it will not ignite
and allow flame to spread over the surface when exposed to a match
flame test applied to a piece removed from the material and tested
in a safe place. The piece shall be held vertically and the bottom
edge exposed to a flame from a common match held in a horizontal position,
1/2 inch underneath the piece, and at a constant location for a minimum
of 15 seconds.
[1973 Code § 4:9-13]
a.
The heating of buildings occupied as nursing, convalescent or old
age homes shall be restricted to approved electric heat, or to steam,
hot water or warm air systems employing central heating plants with
installation such as to safeguard the inherent fire hazard. The use
of portable heaters of any kind is hereby prohibited.
b.
Installation of heating and ventilating systems and equipment in
accordance with the Code for the Installation of Heat Producing Appliances,
Heating, Ventilating, Air Conditioning, Blower and Exhaust Systems
recommended by the National Board of Fire Underwriters shall be deemed
prima facie evidence of compliance with the requirement that installation
be such as to safeguard the inherent fire hazard.
c.
Lighting shall be restricted to electricity. Electric wiring motors
and other electrical equipment shall be installed in accordance with
nationally recognized safe practice. Compliance with the Standards
of the National Board of Fire Underwriters known as the National Electrical
Code shall be deemed prima facie evidence of compliance with nationally
recognized safe practice.
d.
An emergency generator of an approved type, or battery-operated emergency
power system, or combination thereof, shall be kept and maintained
in working order on the licensed premises sufficient to provide power
for necessary treatment, maintenance and heating facilities, and for
sufficient lighting, in the event of failure of public power sources.
[1973 Code § 4:9-14]
Approved type extinguishers shall be provided on each floor,
so located that a person will not have to travel more than 100 feet
from any point to reach the nearest extinguisher. An additional extinguisher
shall be provided, or adjacent to, each kitchen, storage room, or
mechanical or boiler room.
[1973 Code § 4:9-15]
Sprinkler systems, when used, shall be provided with an approved
water flow alarm.
[1973 Code § 4:9-16]
b.
Fire alarm systems shall be of approved type. At least one fire alarm
sending station shall be provided on each story, located at a readily
accessible point in the natural path of escape from fire. The system
shall be so arranged that the operation of any sending station will
sound an alarm which is audible throughout the building, or where
advisable because of the type of occupancy, the system may be so arranged
that the initial alarm signal will sound only at some central point
where twenty-four-hour service is maintained.
c.
Automatic fire detection systems shall be approved supervised systems. Where fixed temperature devices are used, they shall be constructed to operate at 165° F. or less, except that in spaces where high temperature is normal, devices having a higher operating point may be used. Operation of a thermostatic device shall cause an alarm which is audible throughout the building, or where advisable because of the type of occupancy, the system may be so arranged that the initial alarm signal will sound only at some central point where twenty-four-hour service is maintained. (See subsection 4-13.5, paragraph b).
[1973 Code § 4:9-17]
Every nursing, convalescent or old age home shall have at least
one attendant on duty, awake and dressed therein at all times, and,
in addition, one stand-by attendant within hearing distance and available
for emergency service. These attendants shall be at least 18 years
of age and capable of performing the required duties of evacuation.
No person other than the management or a person under management control
shall be considered as an attendant.
[1973 Code § 4:9-18]
a.
Every nursing, convalescent or old age home shall formulate a plan
for the protection of all persons in the event of fire and for their
evacuation to areas of refuge and from the building when necessary.
All employees shall be instructed and kept informed respecting their
duties under the plan. (See also subsection 4-13.10.)
b.
Every mattress shall be provided with strong canvas or leather handles
so that it may serve as a stretcher when necessary for evacuation.
[1973 Code § 4:9-19]
Smoking may be permitted in nursing, convalescent or old age
homes only where proper facilities are provided. Smoking shall not
be permitted in sleeping quarters, except at such times as supervision
is provided.
[1973 Code § 4:9-20]
Every building coming within the scope of this section shall be inspected periodically by representatives of the agencies named in subsection 4-13.1 in order to insure proper compliance with the provisions of this section.
[1973 Code § 4:9-21]
Nothing herein shall be deemed to conflict with any other ordinance
of the Township, or its Board of Health, and every nursing, convalescent
or old age home shall comply with and abide by any and all present
or future regulations and requirements of the Bureau of Community
Institutions of the State of New Jersey, and all ordinances and laws
of this Township and its Board of Health, and where the regulations
or requirements of the Bureau of Community Institutions of the State
of New Jersey, and all ordinances and laws of this Township and its
Board of Health, and where the regulations or requirements of the
Bureau of Community Institutions, local Board of Health, or other
ordinances of this Township are more restrictive than the restrictions
in this section, such regulations or requirements of any or all of
the bodies shall control.
[1973 Code § 4:9-22; New]
In addition to the penalties set forth in Chapter 1, Section 1-5 of this Code, any license or approval issued hereunder may be revoked or suspended for good cause shown after a hearing provided to the licensee following the service of written charges upon the licensee at least seven days prior to the date of the hearing.
[Ord. No. 2007-726]
The Municipal Clerk is hereby delegated the authority to act
as the "issuing authority" to approve the granting of raffle and bingo
licenses.
[1]
Editor's Note: Prior history includes Ordinance No. 98-643.
[Ord. No. 2009-743]
Shall mean the Chief of Police of the Township of Green Brook.
Shall mean any person, firm, partnership, association, group
of two or more people, corporation, company or organization of any
kind.
Shall mean any parade, march, ceremony, show, demonstration,
rally, vigil, exhibition, pageant or procession of any kind, or any
similar display, in or upon any street, sidewalk, park or other public
place in the Township of Green Brook.
Shall mean a permit as required by this section.
[Ord. No. 2009-743]
No person shall engage in, participate in, aid, form or start
any special event, unless a special event permit shall have been obtained
from the Chief of Police.
[Ord. No. 2009-743]
A person seeking issuance of a special event permit shall file
an application with the Chief of Police on forms approved by such
officer.
a.
An application for a special event permit shall be filed with the
Chief of Police or his/her designee not less than 24 hours nor more
than 30 days before the date on which it is proposed to conduct the
special event except that if the special event requires any additional
accommodation such as the closing of a street or police, fire, or
emergency medical personnel to be on hand, or any other special accommodation
that requires Township resources, such application shall be filed
with the Chief of Police or his/her designee not less than two weeks
nor more than 60 days before the date on which it is proposed to conduct
the special event.
b.
The application for a special event permit shall set forth the following
information:
1.
The name, address and telephone number of the person seeking to conduct
the special event;
2.
If the special event is proposed to be conducted for, on behalf of,
or by an organization of any kind, the name of the organization and
of the authorized and responsible heads of such organization;
3.
The name, address and telephone number of the person who will be
the special event chairman or organizer and, if different, who will
be responsible for the conduct of the special event;
4.
The date when the special event is to be conducted;
5.
The route to be traveled, the starting point and the termination
point or, if the special event is going to be in a fixed location
and not moving, the location where the special event will be held;
6.
The approximate number of persons who will constitute or partake
in the special event;
7.
If animals will be included in the special event, the specific type
of each animal and whether each is domestic or wild;
8.
The number and description of the motor vehicles or any other type
vehicle expected to be used in the special event;
9.
The specific times when such special event will start and terminate;
10.
A statement as to whether the specific event will occupy all or only
a portion of the width of the sidewalks) or street(s) proposed to
be traversed or on which it will be located;
11.
The location of the street(s) or any assembly area(s) to be used
for the special event;
12.
The time at which units of the special event will begin to assemble
at each such assembly area;
13.
The interval of space to be maintained between units of the special
event if the event will be moving;
14.
If the special event is designed to be held by, or on behalf of or
for, any person other than the applicant, the applicant for such permit
shall file with the chief of police or his/her designee a communication
in writing from the person proposing to hold the special event, authorizing
the applicant to apply for the permit on its behalf;
15.
A statement of the purpose of the special event; and
16.
Any additional information which the Chief of Police or his/her designee
shall find reasonably necessary to a fair determination as to whether
a permit should be issued.
17.
(a)
If the special event will use or traverse any State or County
road or highway or be located on any Federal, State or County property
within the Township of Green Brook, the application shall be accompanied
by a written consent or other written authorization to hold such special
event on the date and at the time requested, issued by the public
agency or body having jurisdiction and control over said road, highway
or property.
(b)
When it reasonably appears that the applicant for a special event permit could not have complied with subsection 4-15.3 by filing the application for the special event permit not less than six days before the date on which it is proposed to conduct the special event, the Chief of Police or his/her designee shall have the authority to consider any application hereunder which is filed within such twenty-four-hour period in the same manner as if it had been timely filed, provided the applicant sets forth the good faith reasons it could not timely comply in its written application for the permit.
[Ord. No. 2009-743]
a.
The Chief of Police or his/her designee shall issue a permit as provided
for hereunder when, from a consideration of the application and from
such other information as may otherwise be obtained, he finds that
it is either:
1.
For any special event involving expressive activity protected by
the New Jersey Constitution or United States Constitution and includes
less than 25 people, provided the applicant signs a verified statement
that he in good faith believes the event's purpose involves such
expressive activity and will not require the closure of or substantially
block or interfere with the use of a sidewalk, street, alley or other
public right-of-way or other property owned or controlled by the Township
of Green Brook, or
2.
That:
(a)
The conduct of the special event will not substantially interrupt
the safe and orderly movement of other vehicular or pedestrian traffic
contiguous to its route or location;
(b)
The conduct of the special event will not require the diversion
of so great a number of police or fire officers of the Township of
Green Brook to properly police or protect the location or line of
movement and the areas contiguous thereto, as to prevent normal police
or fire protection for the Township;
(c)
The conduct of such special event will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the Township of Green Brook, other than that
to be occupied by the location or line of movement and areas contiguous
thereto;
(d)
The concentration of persons, animals and/or vehicles at the
location or assembly points of the special event will not unduly interfere
with proper fire and police protection of, or ambulance service to,
areas contiguous to such location or assembly area(s);
(e)
The conduct of the special event will not interfere with the
movement of fire-fighting equipment enroute to a fire;
(f)
The special event either will not move or is scheduled to move
from its point of origin to its point of termination expeditiously
and without unreasonable delays enroute; and
(g)
The special event 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.
[Ord. No. 2009-743]
If the application is disapproved, the Chief of Police or his/her
designee shall give written notice thereof to the Township Clerk and
applicant setting forth the reasons for the denial of the permit.
[Ord. No. 2009-743]
The Chief of Police or his/her designee shall notify the applicant
for a special event permit of his decision on such application within
24 hours of the time that the application was filed.
[Ord. No. 2009-743]
The chief of police or his/her designee also may condition the
issuance of a special event permit by imposing reasonable requirements
concerning the time, place, and manner of the event and such requirements
as are necessary to protect the safety of persons and property and
the control of traffic, provided such conditions shall not unreasonably
restrict the right of free speech. Such conditions include the following:
a.
Alteration of the date, time, route or location of the event proposed
in the event application;
b.
Conditions concerning the area of assembly and disbanding of parade
or other events occurring along a route;
c.
Conditions concerning accommodation of pedestrian or vehicular traffic,
including restricting the event to only a portion of a street;
d.
Requirements for the use of traffic cones or barricades;
e.
Requirements for provision of first aid or sanitary facilities;
f.
Requirements for the use of event monitors and providing notice of
permit conditions to event participants;
g.
Restrictions on the number and type of vehicles, animals, or structures
at the event and inspection and approval of floats, structures, and
decorated vehicles for fire safety by the Township of Green Brook
Fire Department;
h.
Compliance with animal protection ordinances and laws;
i.
Requirements for use of garbage containers and the cleanup and restoration
of Township of Green Brook and/or any other affected property;
j.
Restrictions on use of amplified sound;
k.
An application for a special event permit to conduct a block party
may be conditioned on notice and obtaining written approval of 50%
of the dwellings along the affected street(s);
l.
Compliance with any relevant ordinance or law and obtaining any legally
required permit or license.
[Ord. No. 2009-743]
Immediately upon the issuance of a special event permit, notice
thereof shall be forwarded by the chief of police or his/her designee
to the following:
[Ord. No. 2009-743]
Each permit shall state the following information:
a.
The starting time and ending time;
b.
The minimum speed, if applicable;
c.
The maximum speed, if applicable;
d.
The maximum interval of space to be maintained between the units
of the special event, if applicable;
e.
The location of the special event or the portions of the street(s)
to be traversed that may be occupied by the special event;
f.
The maximum length of the special event in miles or fractions thereof,
if applicable;
g.
Such other information as the Chief of Police reasonably shall find
necessary to the enforcement of this special events section.
[Ord. No. 2009-743]
A permittee hereunder shall comply with all permit directions
and conditions and with all applicable laws and ordinances. The special
event chairman, organizer or other person heading or leading such
activity shall carry the special event permit upon his person during
the conduct of the special event.
[Ord. No. 2009-743]
a.
No person shall unreasonably hamper, obstruct or impede, or interfere
with any lawful special event or with any person, vehicle or animal
participating or used in a special event.
b.
No driver of a vehicle, streetcar or trackless trolley shall drive
between the vehicles or persons comprising a lawful special event
when such vehicles or persons are in motion and are conspicuously
designated as a special event.
[Ord. No. 2009-743]
Any person who violates any provisions of this section shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment in the County jail for a term not exceeding 90
days, or both.
[Ord. No. 2009-743]
At the time an application for a special event permit is filed,
the applicant shall pay to the Township of Green Brook a nonrefundable
administrative fee of $35, which fee shall be waived if the Chief
of Police or his/her designee finds that the special event involves
expressive authority protected by the New Jersey Constitution or United
States Constitution, provided the applicant signs a verified statement
that he in good faith believes the event's purpose involves such
expressive activity.
[Ord. No. 2011-775]
As used in this section:
Shall mean an organization in a development in which individual
owners share common interests and responsibilities for the costs and
upkeep of common open space or facilities.
[Ord. No. 2011-775]
The purpose of this section is to require licenses and to regulate
homeowners' associations so as to prevent and/or remedy safety
hazards or environmental issues on the premises where the homeowners'
association is located, which could cause detriment to the health,
safety and/or welfare of the inhabitants of the development or to
surrounding Township residents.
[Ord. No. 2011-775]
It shall be unlawful for any person or organization to engage
in any of those practices regulated by this section or to operate
as a homeowners' association without having first obtained a
license therefor in accordance with the applicable provisions of this
section.
[Ord. No. 2011-775]
Applications for licenses required by this section shall be
made upon forms provided by the Township Clerk and shall be signed
and verified by the applicant. The application shall contain the following
information:
a.
The name and address of the applicant and the name, address and phone
number(s) of the homeowners' association organization.
b.
The name and address of each member of the board of directors and/or
the president of the homeowners' association.
c.
A highlighted map of the properties where the homeowners' association
has jurisdiction or operates.
d.
Name, address, phone number and contact person of property management
company retained by the homeowners' association.
e.
Certificate of insurance for commonly owned structures and areas
evidencing liability insurance coverage.
[Ord. No. 2011-775]
The annual license fee shall be $100. All licenses shall commence
as of the first day of July in each year and shall expire on the thirty-first
day of June in the year of issuance. All license applications shall
be reviewed by the Township Clerk and shall be certified as to whether
or not they comply with the requirements of this section, and, if
so certified, the Township Committee may approve the issuance of a
license.
[Ord. No. 2011-775]
After 20 days' notice and an opportunity to be heard, the
Township Committee may suspend any license issued under this section
if it finds that the licensee is violating a material term or provision
hereof, any conditions of Planning Board approval, or any applicable
statute of the State of New Jersey in such fashion as will be substantially
detrimental to the health, safety or welfare of any of the inhabitants
of the development or the Township.
[Ord. No. 2011-775]
This section shall be enforced by the Zoning Officer, who shall
investigate any violation of this section coming to his/her attention,
whether by complaint or arising from his/her own personal knowledge.
If a violation is found to exist, he/she shall serve a written notice,
by certified mail or personal service, upon the homeowners' association,
which notice shall require said violation to be abated within a period
of 20 days from the date of service thereof or within such lesser
period of time as the Zoning Officer shall deem reasonable in cases
where the danger to public health, safety and general welfare is so
imminent as to require more immediate abatement. If said homeowners'
association fails to abate said violation within the time specified,
the Zoning Officer shall notify the Township Committee and prosecute
a complaint in Municipal Court to terminate said violation.
[Ord. No. 2011-775]
The board of directors or president of any homeowners' association that violates any provision of this section or who otherwise fails to comply with any of the requirements of this section shall, for each such violation or offense, be subject to a fine in accordance with Chapter 1, Section 1-5, of the Revised General Ordinances of the Township of Green Brook. Each day that a violation or offense continues shall constitute a separate violation hereof.
[Ord. No. 2000-660]
As used in this section:
Shall mean and include all sales of goods consisting of five
or more items from residential premises, whether the sale be conducted
indoors and/or outdoors; and which such sale is designed to attract
customers to the place of sale, and is typically entitled "garage
sale," "lawn sale," "yard sale," "attic sale," "rummage sale," "flea
market sale," or other similar name, whether or not the same be advertised
in any manner.
Shall mean and include any goods, warehouse merchandise,
or other tangible personal property capable of being the object of
a sale regulated hereunder.
Shall mean and include individuals, partnerships, voluntary
associations and corporations.
[Ord. No. 2000-660]
No person, individually or in combination with other persons
shall conduct a garage sale at any one location more frequently than
twice within a calendar year. No garage sale shall be conducted for
a period longer than three consecutive calendar days' duration.
No sale shall be conducted prior to 8:00 a.m. or after 6:00
p.m.
No sign advertising the sale shall be posted any place other
than the premises upon which the sale is conducted, and no sooner
than one week prior to the first day of the sale and shall be removed
within 24 hours after the conclusion of the sale.
[Ord. No. 2000-660]
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction are exempt from the provisions of this section.
[Ord. No. 2000-660]
For violation of any provision of this section, the burden of
complaint and proof of violation rests with the aggrieved party. Conviction
for violation of this section will be for a first offense a fine of
no more than $100. For second and subsequent offenses occurring within
three years of the first offense, the fine upon conviction will be
not less than $500 for each offense. Each and every day in which a
violation of any provision of this Section exists shall constitute
a separate violation.
