[Ord. No. 2013-04]
It shall be unlawful for any person or persons to engage in,
carry on or conduct the business of hawker, huckster, peddler or itinerant
vendor within the limits of the borough without having first obtained
a license from the borough clerk so to do, and having paid the license
fees therefor as hereinafter fixed.
[Ord. No. 2013-04]
The borough clerk is hereby authorized to issue any such license
upon payment by the applicant of the proper fee therefor, as hereinafter
provided upon the approval of the Police Chief.
Every such license shall remain in force and be valid only for
the time therein expressed and all licenses issued within any calendar
year shall expire by limitation on December 31 of the year in which
issued, and shall apply only to the person to whom granted and shall
not be transferable.
Any person to whom such license is granted as herein provided
shall be required to exhibit the license whenever called upon to do
so.
[Ord. No. 2009-08]
The license fees are hereby fixed at $500 per annum, provided
that no rebate from the amount of such fee shall be allowed for a
portion of the year.
Each licensee shall furnish a certificate of liability insurance
to the municipal clerk as a condition precedent to obtaining said
license providing for liability coverage in the minimum amount of
$100,000 each person, $300,000 each accident and property damage insurance
in the amount of $50,000.
The license fees herein mentioned and imposed are for the purpose
of revenue, and all monies received for license fees or fines under
this section shall be paid forthwith to the borough treasurer for
the use of the borough.
Notwithstanding any other provisions of this section, it shall
be unlawful for any person to peddle, sell or otherwise market cooked
foods, or food requiring any handling or preparation of any kind,
and which are for immediate consumption by the public, such as but
not limited to hamburgers and hot dogs. It shall be unlawful for any
person to peddle, sell or otherwise market non-individually wrapped,
sealed, or otherwise packaged food items of any type.
The following rules and regulations shall be observed with respect
to the licensing and operation of motor vehicles on the strand or
ocean beach of this borough.
[Ord. No. 2004-17; Ord. No. 2012-06]
Every person desiring to operate a motor vehicle on the strand
or ocean beach of this borough must first register the same with the
Chief of Police.
The person registering any such vehicle shall be issued a special
plate or other identifying insignia serially numbered for identification
purposes and to be displayed in a conspicuous place on the vehicle
while being operated on the strand or beach. Such registration shall
be issued only to vehicles with four-wheel drive known as “beach
buggy” or “jeep.”
The applicant shall pay a registration fee of $50.
Said registration shall be valid only in the calendar year the
registration is issued.
Every person desiring to operate a motor vehicle on the strand
of ocean beach of this borough for the purpose of competing in the
annual Long Beach Island Fishing Club Tournament shall pay a registration
fee of $5 per vehicle to be valid only during the tournament.
[Ord. No. 2019-07]
The annual registration fee shall be waived for any applicant
presenting proof of a medically documented disability. The disabled
person registering the vehicle shall be issued a special plate or
other identifying insignia for identification purposes, which shall
be displayed in a conspicuous place on the vehicle while accessing
the beach and while it is being operated by the disabled person on
the strand or beach. Any other operator of the registered vehicle
shall be subject to the registration fee.
[Ord. No. 2017-24]
No vehicle shall be operated on the strand or beach front between
May 16 and September 30.
No vehicle shall be operated on the strand or beach front at
a speed in excess of 15 miles per hour.
No vehicle shall be operated on the sand dunes and all vehicles
shall obtain access to the beach front from the public streets only
at places specifically designated by the police department.
All such vehicles shall be required to maintain a reasonable
distance from congested bathing beaches or other areas where bathers,
surf fisherman or others using the beach are present.
No rubbish, debris or litter of any sort shall be discarded
from any vehicle while being operated on the beach front.
No vehicle shall be operated on the beach front at night without
adequate lights.
Every vehicle being operated on the beach shall be operated
in a safe, reasonable and careful manner at all times so as not to
endanger the lives and safety of other persons using the beach front.
Places of resort are hereby established in the borough for the
public health, recreation and entertainment, including beaches, bathing
and recreational facilities, safeguards and equipment. Such places
of resort shall be located at the ocean front at areas to be designated
by the board of commissioners by resolution or by order as safety
and attending circumstances require.
[Ord. No. 2007-04; Ord. No. 2016-16; Ord.
No. 2019-03; Ord. No. 2020-02; Ord. No. 2021-05; Ord. No. 2021-12]
In order to provide the necessary funds to improve, maintain
and police the places of resort in this borough, including the employment
of lifeguards and the purchase of necessary equipment for the protection
of bathers, the following fees shall be charged for the registration
of persons using the facilities.
a. No fee
shall be charged for any child under the age of 12 years. Any senior
citizen over the age of 65 years shall be charged a seasonal rate
of $12. Any senior citizen shall furnish proof of age by means of
a birth certificate, driver’s license, passport, or any other
officially valid document containing the date of birth.
b. No fees
shall be charged to or collected from any individual while attired
in street clothing upon the beach.
c. $35 per
person per season provided that application is made to the proper
authorities on or before June 15 of the bathing season.
d. $45 per
person per season in the event that application is made to the proper
authority subsequent to June 15 of the bathing season.
e. $20 per
person per week for any week or fractional part thereof of the bathing
season.
f. $7 per
person per day, or any fractional part thereof, for the bathing season.
g. When available,
holiday badges shall be sold at the established pre-season rate plus
$2 for a gift box.
No person of the age of 12 years or over shall bathe at or otherwise
use the lands, facilities or privileges of any of the municipal bathing
beaches without having first acquired and then having conspicuously
displayed upon his or her person a proper and effective badge, license
or permit to use the beaches.
[Ord. No. 2012-06]
Free daily beach admission shall be provided to active members
of the United States Armed Services and their dependents upon the
presentation of a valid military status identification card to any
badge-checker or Borough personnel.
[Ord. No. 2016-04]
Free daily beach admission shall be provided to any person who
has served in any of the Armed Forces of the United States and who
was discharged or released therefrom under conditions other than dishonorable
and who either has served at least 90 days in active duty or has been
discharged or released from active duty by reason of a service-incurred
injury or disability upon presentation of acceptable proof of discharge
to any badge-checker or Borough personnel.
The purpose and intent of this chapter is to assist law enforcement
officials and victims of crime in recovering scrap metal, stolen precious
metals and other secondhand goods by requiring minimum identification,
reporting, maintenance, and distribution criteria for licensed dealers
in these goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of scrap metal, precious
metals or other secondhand goods without complying with the requirements
of this chapter in the exact manner described herein.
ACCEPTABLE IDENTIFICATION
A current valid New Jersey Driver’s License or Identification
Card, a current valid photo driver’s license issued by another
US state, a valid United States Passport, or other verifiable US Government
issued identification, which will be recorded on the receipt retained
by the dealer and subsequently forwarded to the local police department
on request.
DEALER
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: a scrap metal business
involving the buying and/or selling of scrap metal as defined herein,
including itinerant businesses and transient buyers as defined herein;
the buying for purposes of resale of precious metals, jewelry, or
other secondhand goods as defined herein; pawnbrokers as defined herein;
itinerant businesses as defined herein. For the purposes of this ordinance,
transient buyers, as defined herein, are subject to the same licensing
and reporting requirements as any other dealers.
ITINERANT BUSINESS
A dealer who conducts business intermittently within the
municipality or at varying locations.
MUNICIPAL CLERK
The statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed
clerk of the “city,” “town,” “township,”
“village,” or “borough.”
PAWNBROKER
Any person, partnership, association or corporation: lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
PRECIOUS METALS
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
PUBLIC
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods as defined herein are purchased or pawned.
SCRAP METAL
Used, discarded, or previously owned items that consist predominantly
of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel,
or alloys.
SCRAP METAL BUSINESS
A commercial establishment, which, as one of its principal
business purposes, purchases scrap metal for purposes of resale or
processing including transient buyers of scrap metal and itinerant
businesses, as defined herein.
SECONDHAND GOODS
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this ordinance, secondhand goods shall
not include goods transacted in the following manner: i) judicial
sales or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising.
SELLER
A member of the public who sells scrap metal to a dealer
or who sells or pawns used goods such as precious metal, jewelry,
or other secondhand goods to a dealer.
TRANSIENT BUYER
A dealer or an operator of a scrap metal business, as defined
herein, who has not been in a registered retail business or scrap
metal business continuously for at least six months at any address
in the municipality where the dealer is required to register or who
intends to close out or discontinue all retail business within six
months.
No person, partnership, limited liability company, corporation, or other entity shall engage in the scrap metal business or in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefore from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in Subsection
4-4.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this chapter.
Advertising in any print or electronic media or by sign regarding
the purchase of scrap metal at any location within the municipality
shall constitute engaging in business as a dealer of scrap metal within
the jurisdiction of the municipality for purposes of this chapter.
No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such items, articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in Subsection
4-4.9.
a. Upon receipt
of an application completed pursuant to this chapter, the Municipal
Clerk shall refer such application to the Chief of Police, who shall
make an investigation of the prospective licensee, pursuant to this
chapter for the purpose of determining the suitability of the applicant
for licensing. The investigation shall include, but shall not be limited
to the following:
1. The experience of the applicant in the business of purchase and sale of scrap metal and those articles or goods referred to in Subsection
4-4.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2. The reputation
of the applicant for fair dealing in the community, which shall be
made among credible sources, which sources shall be disclosed to the
applicant in the event of a denial of any license;
3. Any criminal
record of the applicant including any past convictions for any crime(s),
disorderly persons offense(s), or municipal ordinance violation(s)
within this or any other jurisdiction. The Chief of Police may, as
part of the application process, require a fingerprint criminal background
check through the Federal Bureau of Investigation, Criminal Justice
Information Services Division, which may require an additional fee
from the applicant.
4. The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal and precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection
4-4.6d of this chapter will be stored as well as the location where scrap metal and purchased goods will be retained during the mandatory inspection period required under Subsection
4-4.6a.
b. The Chief
of Police shall complete any investigation pursuant to this chapter
within 30 days of the submission of the application to the Municipal
Clerk, fully completed by the applicant. If a criminal record check
has been requested within the thirty-day period and has not been received
by the Chief of Police within that period, the Chief of Police may,
if all other factors are satisfactory, recommend a conditional issuance
of the license subject to the finding regarding criminal record.
c. The Chief
of Police shall, upon completion of the investigation, recommend “grant”
or “denial” of the license to the Municipal Clerk, who
shall grant or deny the license. Any recommendation of the Chief of
Police shall be in writing and, in the case of a recommendation of
denial, shall state fully and specifically the reasons for said recommendation.
If the Municipal Clerk accepts the recommendation of the Chief of
Police to deny any license, the applicant shall be notified in writing
within 10 days of such denial and the Clerk shall forward to the applicant
a statement of the reason or reasons for such denial.
d. Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a scrap metal business or a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection
4-4.5, the retention and inspection requirements of Subsection
4-4.6, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection
4-4.8 of this chapter.
e. Whenever
any application for a permit is denied, the applicant shall be entitled
to a hearing before a three-person panel appointed by the Chief of
Police, at which time the applicant shall be permitted to introduce
such evidence as may be deemed relevant to such denial. Any applicant
exercising the right to appeal must file a written notice of appeal
within 10 days of receiving written notice of denial of a license
to act as a scrap metal business or a dealer of secondhand goods.
f. No license
shall be assignable by the dealer.
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a. Require of each member of the public selling scrap metal and each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in Subsection
4-4.2.
b. Require
each seller to execute a “Declaration of Ownership,” which
shall contain the following certification: “My signature
confirms that I am the sole legal owner of and am legally authorized
to sell the goods being sold. By signing below I certify that I did
not obtain and do not possess the identified goods through unlawful
means. I am the full age of 18 years and the identification presented
is valid and correct.”
c. Record
and issue to each person selling or pawning such goods on a sequentially
numbered receipt:
1. The name,
address, and telephone number of the purchaser, including the clerk
or employee of the licensee making the purchase;
2. The name,
address, date of birth, and telephone number of the seller or sellers;
3. A photographed
recording of the seller in a format acceptable to the Chief of Police,
along with a physical description of the seller, including height
and weight (approximate), hair color, eye color, facial hair, if any,
etc.;
4. A photographed recording of the seller’s presented acceptable identification, as set forth in Subsection
4-4.2, in a format acceptable by the Chief of Police;
5. A photographed
recording of all items sold in a format acceptable by the Chief of
Police. When photographing, all items must be positioned in a manner
that makes them readily and easily identifiable. Items should not
be grouped together when photographing or imaging. Each item should
have its own photograph;
7. For precious
metals or other secondhand goods a detailed, legible description of
the item(s) and the manufacturer and model of the item(s) if known;
in the case of jewelry, the descriptions must include style, length,
color, design, and stones, if any; any identifying marks, including
numbers, dates, sizes, shapes, initials, names, monograms, social
security numbers engraved thereon, serial numbers, series numbers,
or any other information, which sets apart the particular object from
others of like kind;
8. For scrap
metal, a full description of the item(s) purchased, including but
not limited to the manufacturer, type, amount, form, model, any identifying
marks, numbers, dates, sizes, shapes, initials, monograms, and serial
numbers;
9. The price
paid for the purchase or pawn of the item(s);
10. If precious
metals, the net weight in terms of pounds Troy, pennyweight (Troy)
or kilograms/grams; fineness in terms of karats for gold, and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.;
11. For
scrap metal, the make, model and license plate of the motor vehicle
delivering the scrap metal;
12. The
time and date of the transaction.
d. The information outlined in Subsection
c above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this chapter and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection
f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection
c above.
e. In the event of a database failure, or dealer’s computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection
c above into the database as soon as possible upon the dealer’s equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this chapter and subsequently being subject to the penalties for doing so including revocation of the dealer’s license as described in Subsection
4-4.6.
f. It shall be the requisite duty of every dealer, and of every person in the dealer’s employ, to admit to the premises during business hours any member of the police department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal, precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in Subsection
4-4.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
g. For all reportable transactions between a dealer and a member of the public, the dealer may only accept delivery of scrap metal for purchase by motor vehicle and the license plate of the motor vehicle must be recorded as provided in Subsection
c above.
h. No scrap
metal business shall, except as provided in Subsection I below, purchase:
1. Any metal
marked with identification of a telephone, cable, electric, water,
other public utility, or other government entity;
2. Any utility
access or water meter cover;
3. Any street
light pole or fixture;
4. Any road
or bridge guard rail;
5. Any highway
or street sign, traffic directional or control sign, or light signal;
6. Any metal
beer keg that is clearly marked as being the property of the beer
manufacturer;
7. Any historical
marker, grave marker, or burial vase;
8. Any central
air conditioner evaporator coils or condensers or catalytic converters
that are not attached to a vehicle; or
9. Any metal
bleachers or benches.
i. The provisions of Subsection
h shall not apply to purchases of scrap metal from entities who manage such metal in the ordinary course of business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process scrap metal in the ordinary course of business.
a. All scrap metal purchased by a dealer in a reportable transaction and all precious metals and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 15 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection
4-4.5. All scrap metal, precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the fifteen-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b. Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection
4-4.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under
N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be
considered the “victim” of the offense for the purposes
of
N.J.S.A. 2C:43-3. The officer shall seize
the goods, provide the dealer with a receipt, and issue a criminal
complaint against the seller for theft by deception and any other
criminal charges for which the officer has probable cause that the
seller has committed. If convicted of theft by deception and if so
found by an order of a court of valid jurisdiction, the seller will
be responsible for providing restitution to the dealer under
N.J.S.A. 2C:44-2 for the amount paid by the dealer to
the seller for the stolen goods.
c. If market
conditions would create a hardship on the dealer by holding scrap
metal, precious metals or other secondhand goods for such period,
the dealer may present the property to the Chief of Police in order
that it may be photographed and, if deemed necessary by the Chief
of Police, an investigation may be implemented. The Chief of Police
shall have the authority to grant the dealer a waiver of the requirement
under this section.
d. In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of scrap metal, precious metals and other secondhand goods in the form prescribed in Subsection
4-4.5c.
e. No dealer
shall purchase any item covered by this chapter from any person under
the age of 18 or in the absence of providing prior notification of
such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f. Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer’s license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection
4-4.9 of this chapter.
1. Grounds
for suspension. The following shall constitute grounds for suspension:
violation of any provisions of this chapter, including failure to
comply with any training or fees associated with the electronic database
software system in use by the municipality; violation of any other
statute, regulation, or local ordinance; or any other illegal, improper,
or fraudulent activity.
2. Procedure for suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection
h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease all purchasing and/or selling of scrap metal and the engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
3. Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chief’s designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection
h.
g. Revocation. A license issued under this chapter may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chief’s designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection
4-4.9.
1. Grounds
for revocation. The following shall constitute grounds for revocation:
a third violation under this chapter; a second violation under this
chapter less than one year after an earlier violation under this chapter;
conviction for a criminal offense within this or any jurisdiction;
or multiple violations of any other regulations or local ordinances
within this or any jurisdiction.
2. Procedure
for revocation. Upon a determination that appropriate grounds exist
and that a revocation is warranted, the Chief of Police of the Chief’s
designee shall so report to the Municipal Clerk in writing. A temporary
suspension will immediately and automatically issue, if one is not
already in effect, pending the outcome of the charge. A three-person
panel, appointed by the Chief of Police, shall review the stated grounds
for revocation and the panel shall issue an appropriate disposition
of either suspension, revocation, or reinstatement. If the panel determines
that revocation is the appropriate disposition, it shall set forth
the grounds for the same in writing in the form of a notice of revocation,
which shall be provided to the dealer. The notice shall advise the
dealer of the right to appeal. If the panel determines that suspension
is the appropriate disposition, it shall provide the dealer with a
notice of suspension that shall advise the dealer of the right to
appeal. Following revocation, the dealer must relinquish his or her
license and must immediately and indefinitely cease operating a scrap
metal business or as a dealer of precious metals or other secondhand
goods within the municipality.
h. Appeal.
Any applicant wishing to appeal an issuance of a suspension or revocation
shall be entitled to a hearing before a three-person panel, appointed
by the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such suspension
or revocation. Any applicant exercising the right to appeal must file
a written notice of appeal within 10 days of receiving written notice
of revocation or suspension of license.
i. A dealer
shall have the right to change the location of the licensed business,
provided that he or she notifies the Municipal Clerk, in writing,
of the street address of said new location.
Each dealer covered under this chapter shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A: 9-139, and shall be in the penal sum of
$10,000, conditioned for the due and proper observance of and compliance
with the provisions and requirements of all ordinances of the municipality
in force or which may be adopted respecting the conduct of this business
and conditioned also that the bond shall be and remain for the benefit
of any person or persons who shall have received judgment against
the dealer licensed under this chapter, which damage shall be established
by a judgment of a court of proper jurisdiction. Said bond shall contain
the following language: “The obligation of this bond shall,
in addition to the [party municipality], be and remain for the benefit
of any person who shall obtain a judgment against obligor as a result
of damage sustained in operation pursuant to any license granted under
this chapter.” Said bond shall be kept for a minimum of one
year from the date of issuance of license and must be renewed annually
along with the license.
A nonrefundable fee for initial application and license for an operator of a scrap metal business or for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this chapter, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection
4-4.5d of this chapter. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
Violation of any provision of this chapter by any dealer shall,
upon conviction thereof, be punished by a fine not in excess of the
limitations of
N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsection
4-4.6f and
g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this chapter within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection
4-4.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.
[Ord. No. 2014-17]
Any person, partnership, limited liability company, corporation,
or other entity engaging in the scrap metal business or in the business
of a pawnbroker, or a dealer in precious metals or other secondhand
goods shall conform to the provisions of this chapter within 90 days
following the effective date of this chapter.
Words and phrases defined. The following words and phrases as
used in this section shall have the following meanings and definitions:
GARAGE SALES
Includes all sales entitled “garage sale”, “lawn
sale”, “attic sale”, “rummage sale”,
or “flea market sale”, or any similar casual sale of tangible
personal property which is advertised by any means whereby the public
at large is or can be made aware of such sale.
GOODS
Is meant to include any goods, warehouse merchandise or other
property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations,
and corporations.
[Ord. No. 2009-03]
a. It shall
be unlawful for any person to conduct a garage sale in the Borough
of Harvey Cedars without first filing with the borough clerk the information
hereinafter specified and obtaining from such clerk a license so to
do, to be known as a “garage sale license”. The fee for
such license shall be and the same is hereby fixed at $5. Such filing
shall be made at least one week prior to the requested sale date.
b. Such license
shall be issued to any one person a maximum of two times within a
calendar year and no such license shall be issued for more than two
consecutive calendar days. Charitable and religious and civic organizations
may be allowed more than two licenses with the approval of the Borough
Board of Commissioners.
c. Each license
issued under this section must be prominently displayed on the premises
upon which the garage sale is conducted throughout the entire period
of the licensed sale.
The information to be filed with the borough clerk pursuant
to this section shall be as follows:.
a. Name of
person, firm, group, corporation, association or organization conducting
the sale;
b. Name of
owner of the property on which sale is to be conducted and consent
of owner if applicant is other than owner;
c. Location
at which sale is to be conducted;
e. Date, nature
of any past sale;
f. Relationship
or connection applicant may have with any other person, firm, group,
organization, association or corporation conducting such sale and
the date or dates of such sale;
g. Whether
or not applicant has been issued any other vendor’s license
by any local, State or Federal agency;
h. Sworn statement
or affirmation by the person signing that the information therein
given is full and true and known by him to be so.
[Ord. No. 2009-03]
All garage sales must be conducted between the hours of 7:00
a.m. and 6:00 p.m. only.
[Ord. No. 2009-03]
No sign for the advertisement of the sale shall be posted or
erected any earlier than one week prior to sale and all signs shall
be removed within 24 hours after the completion of the sale.
The provisions of this section shall not apply to or affect
the following persons or sales:
a. Persons
selling goods, pursuant to an order or process of a court of competent
jurisdiction;
b. Persons
acting in accordance with their powers and duties as public officials;
c. Any person
selling or advertising for sale an item or items of personal property
which are specifically named or described in the advertisement and
which separate items do not exceed five in number.
d. Any publisher
of a newspaper, magazine or other publication or other communication
media who publishes or broadcasts in good faith without knowledge
of its false, deceptive or misleading character or without knowledge
that the provisions of this section have not been complied with;
e. Any sale
conducted by any merchant or mercantile or other business establishment
from or at a place of business wherein such sale would be permitted
by the zoning regulations of the Borough of Harvey Cedars or under
the protection of the nonconforming use section thereof or any other
sale conducted by a manufacturer, dealer or vendor and which sale
would be conducted from properly zoned premises and not otherwise
prohibited by the revised ordinances.
a. It shall
be unlawful for any person to offer for sale mattresses, bedsprings,
cots, lounges and sofas in any garage sales authorized under this
section without first complying with the appropriate section of N.J.S.A.
26:10-1 through 26:10-18 with respect to the labeling, sterilizing
and disinfecting of the mattresses, bedsprings, cots, lounges and
sofas.
b. No refrigerator
or icebox having a capacity of 1 1/2 cubic feet or more, with an attached
lid or door which may be opened and fastened shut by means of an attached
latch, lock or other similar device, shall be displayed, offered for
sale or sold at a garage sale unless the attached lid or door shall
first be removed and detached therefrom.
Upon application by any bona fide charitable, eleemosynary,
educational, cultural or governmental institution or organization,
the mayor and board of commissioners may waive any or all of the requirements
of this section; provided, however, that the burden of establishing
eligibility for waiver shall be on the organization or institution
applying for such waiver.
This section shall be enforced by the police department. It
shall be the duty of members of the police department to investigate
any violations of this section coming to their attention, whether
by complaint or arising from their own personal knowledge, and if
a violation is found to exist, they shall prosecute a complaint before
the local municipal court pursuant to the provisions of this section.
It shall be the duty of the police department of the Borough of Harvey
Cedars to bring to the attention of the mayor and board of commissioners
for further investigation and violations of this section of which
the police department becomes aware during the course of its normal
duties.
The person to whom such license is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit any loud or boisterous conduct on such
premises nor permit vehicles to impede the passage of such traffic
on any roads or streets in the area of such premises. All such persons
shall obey the reasonable orders of any member of the police or fire
departments of the Borough of Harvey Cedars in order to maintain the
public health, safety and welfare.
Any person, association or corporation conducting any such sale
or similar activity without being properly licensed therefor or who
shall violate any of the other terms and regulations of this section
shall upon conviction be subject to a fine of not more than $500 or
to imprisonment for not more than 30 days or to both such fine or
imprisonment. Each day that such sale shall continue without being
duly licensed shall be considered a separate violation.
The following rules and regulations shall be observed with respect
to the licensing of vessels beached on municipally owned bayfront
properties.
[Ord. No. 2013-04]
Every person desiring to beach a vessel on any municipally owned
bayfront property shall first apply for a permit from the Chief of
Police.
The person applying for such permit shall be issued a special
identification insignia serially numbered for identification purposes,
which shall be displayed on a conspicuous place on the vessel while
said vessel is beached. Such permit shall be issued to non-motorized
vessels only.
[Ord. No. 2013-04]
An individual applying for said permit shall provide the Chief
of Police with his or her address and telephone number, whether it
be local or otherwise, and shall keep the Chief of Police informed
of any changes therein during the permit period.
Any such vessel as previously described shall be properly secured
at all times so as to prevent damage to municipal property and/or
private property. Any damage caused by a beached vessel shall be the
responsibility of the owner and permittee of said vessel.
Any person applying for said permit agrees to hold the borough
harmless for any damages or injuries to himself or his vessel. The
permittee also agrees to hold harmless and indemnify the borough for
any injuries or damages to third parties.
[Ord. No. 2013-04]
The applicant shall pay a registration fee of $0 to $500 as
determined and adopted annually by resolution of the Governing Body.
Said permit and fee shall be valid from May 15 through October 1.
No vessel shall be beached or stored on municipal property from
October 2 through May 14.
Any person violating any subsection of this section shall be
subject to a fine not exceeding $500.
The borough retains the right to direct the removal of any vessel
so permitted from its lands upon 24 hours’ notice for a period
of time not to exceed 10 days.
The following activity committee fees shall constitute the range
of fees for the activities specified below:
Event space rental
|
$35
|
to
|
$250
|
|
Decals
|
$1
|
to
|
$10
|
|
Neon Necklaces
|
$1
|
to
|
$10
|
|
Books
|
$5
|
to
|
$25
|
|
Posters
|
$1
|
to
|
$10
|
|
Advertising
|
$200
|
to
|
$400
|
|
Plants
|
$5
|
to
|
$25
|
|
Event Entry Fee
|
$5
|
to
|
$50
|
[Ord. No. 2011-10; Ord. No. 2023-08]
|
Shirts, tank tops
|
$5
|
to
|
$50
|
[Ord. No. 2011-10; Ord. No. 2023-08]
|
Sweatshirts/jackets
|
$15
|
to
|
$100
|
[Ord. No. 2015-07; Ord. No. 2023-08]
|
Hats
|
$10
|
to
|
$40
|
[Ord. No. 2004-12; Ord. No. 2023-08]
|
Pony Rides
|
$1
|
to
|
$10
|
|
Magnets
|
$1
|
to
|
$10
|
|
Flags & Accessories
|
$1
|
to
|
$50
|
|
Bags/totes
|
$10
|
to
|
$30
|
[Ord. No. 2007-12; Ord. No. 2023-08]
|
Towels
|
$10
|
to
|
$25
|
|
Patches
|
$2
|
to
|
$10
|
|
Refreshments
|
$0.25
|
to
|
$10
|
|
Keychains
|
$1
|
to
|
$10
|
|
Pins
|
$1
|
to
|
$10
|
|
Memorial Benches
|
$0
|
to
|
$900
|
|
Promotional Items
|
$0.25
|
to
|
$50
|
|
Mugs/glassware
|
$5
|
to
|
$25
|
[Ord. No. 2023-08]
|
Ornaments
|
$5
|
to
|
$25
|
[Ord. No. 2023-08]
|
[Ord. No. 2009-03; Ord. No. 2010-15; Ord.
No. 2010-21; Ord. No. 2012-01; Ord. No. 2019-01; Ord. No. 2020-02; Ord.
No. 2021-05; Ord. No. 2022-15; Ord. No. 2023-02]
The following fees shall be charged:
a. Outdated
beach badges: $1.
b. Certified
list of property owners: $10 per lot.
d. Stop payment
on check fee: $20.
e. Bid specification
fees: $10 - $100.
f. Duplicate
tax bill fee: $1.
g. Copies.
1. There
is hereby established a fee for furnishing photocopies of any record
or other document kept in the normal course of business and except
as hereinafter provided at the following rates:
(a) The
fee for letter size page or smaller shall be $0.05 per page.
(b) The fee for legal size page or larger shall be $0.07 per page. If the page exceeds the legal size page then the Borough may charge its actual costs exceeding the $0.07 per page. If that be the case the actual cost for duplicating the record shall be the cost of materials and supplies used to make a copy of the record but shall not include the cost of labor or other overhead expenses associated with making said copy except as provided in Subsection
b of this section.
2. A special
service charge may be imposed if the printed matter cannot be copied
by ordinary document copying equipment in ordinary business size or
involves an extraordinary expenditure of time and effort to accommodate
the request. The Borough shall charge a special service charge in
addition to the actual duplicating of the record which shall be reasonable
and shall be based upon the actual direct costs of providing the copy
or copies. The Borough shall establish rates for duplication of particular
records when the actual cost of copying exceeds the foregoing rates
which shall be established in advance by Ordinance. The requester
shall have the opportunity to review the rates with the Clerk and
object to the charge prior to being incurred.
3. Requesters
shall have the right to copy documents in mediums other than those
used by the Borough of Harvey Cedars to maintain the records. If a
request involves a request for a record involving the following, the
agency may charge a special charge that is reasonable and based on
the cost of extensive use of information technology, or for labor
cost of personnel providing the service that is actually incurred
by the agency or attributable to the agency for programming, clerical,
and supervisory assistance, or both, provided:
(a) A
request for a medium not routinely used by the Borough.
(b) A
request that is not routinely developed or maintained by the Borough.
(c) A
request that requires a substantial amount of manipulation or programming
of information technology.
4. Individuals
requesting duplicate cassettes of Borough recorded information shall
pay a fee of $195 per hour for cassette conversion.
5. Access
to electronic records in non-printed material shall be provided free
of charge, but the Borough shall charge for the actual costs of any
needed supplies for said purposes. Computer discs shall be charged
at the rate of $3 per disc.
h. Duplicate
tax sale certificate fee: $100.
k. Flood map
determination fee: $3.
l. Tennis
court fee: $10 per hour.
m. Pickleball.
All persons playing pickleball shall purchase a Pickleball Pass at
the following rates:
1. Harvey
Cedars property owner/resident shall present their Harvey Cedars non-senior
beach badge to obtain a Pickleball Pass (limit six per household).
2. Non-owner/resident:
$100 per season; $20 per week; $10 per day.
3. Replacement
Pickleball Pass fee: $5 per pass.
n. Public
property obstruction removal fee: $20 - $50.
o. Set of
property address labels: $35.
p. Facsimile
machine usage: $4 for the first page; $1 per page for all additional
pages.
q. Lifeguard
in Training Program Fee: $250 - $500 per session.
r. Re-Entry
Placard: $50 per placard upon proof of residency.
s. Public
property clean-up deposit: $50 - $200 Upon approval of a facility
use request, a refundable deposit may be required at the discretion
of the Board of Commissioners for clean-up purposes. Said deposit
shall be refunded upon inspection of the facility. Deposits shall
be dependent on the size and nature of the event.
t. Copies
other than public records: $0.50 per page for first 10 pages; $0.25
per page for all additional pages.
u. Motor Vehicle
Accident Reports:
1. Every citizen shall have the right, during regular business hours and under supervision, to inspect and copy accident reports and shall also have the right in person to purchase copies of the accident report for the fee as set forth in Subsection
g above.
2. If copies of reports are requested other than in person, an additional fee of $5 shall be added to the copy fees as set forth in Subsection
g above.
v. Approved
Public Facility Usage Advertisements on Borough Website Calendar:
$10 per posting per day.
No person or group shall be permitted to conduct any private,
commercial, or non-profit event or conduct any type of business upon
municipal owned property without first obtaining a permit. Permits
shall be obtained by applying to the Governing Body in accordance
with the application form and instructions on file in the office of
the Borough Clerk. The application shall contain no less than the
following information:
a. The name
and address of the applicant.
b. The name
and address of the person, persons, corporation or associations sponsoring
the activity, if any.
c. The day
and hours for which the permit is desired.
d. The specific
location of municipal property or portion thereof for which such permit
is desired.
e. Any other
information which the Governing Body shall find reasonably necessary
for a fair determination as to whether a permit should be issued.
a. The permittee
shall be bound by all applicable ordinances fully as though the same
were inserted in said permits.
b. The person
or persons to whom the permit is issued shall be liable for all loss,
damage, or injury sustained by any person whatever by reason of the
negligence of the person or persons to whom such permit shall have
been issued. The Governing Body shall have the right to require any
permittee to submit evidence of liability insurance covering injuries
to members of the general public arising out of such permitted activities
in such amounts as may be from time to time determined by the commission
prior to the commencement of any activity or issuance of any permit.
c. The Governing
Body or Chief of Police shall have the authority to revoke a permit
upon a finding of violation of any rule or ordinance, or upon good
cause shown.
d. When background checks are required as part of the permit approval,
the approval shall be contingent on background checks being submitted
by the given deadline date. Failure to do so shall cause the permit
to be revoked, the applicant's activities to cease, any deposits or
fees collected shall be forfeited, and the applicant shall be prohibited
to operate any activity or event in the Borough.
[Added 11-4-2022 by Ord.
No. 2022-19]
[Ord. No. 2022-02]
All approved permits shall be charged a fee of $0 to $15,000
as more specifically established and adopted annually by resolution
of the Governing Body and available in the office of the Borough Clerk.
In addition to any fee, any permits issued are subject to refundable
deposits.
[Ord. No. 2013-04]
Any person or persons violating any subsection of this section
shall be subject to a fine not exceeding $500.
Any qualified organization as the term is defined in N.J.A.C.
13:47-1.1 applying for a bingo or raffle license in the Borough of
Harvey Cedars shall be exempt from the payment of any municipal licensing
fee per N.J.A.C. 13:47-4.10(c).
The Municipal Clerk is hereby authorized and delegated the authority
to approve the granting of raffle and bingo licenses to be held in
the Borough of Harvey Cedars.
[Ord. No. 2022-08]
The Borough of Harvey Cedars shall permit games of chance on
all days of the week including Sundays.