[Ord. #468; 1976 Code § 158-1]
As used in this section:
PERSON
Shall mean any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
STREET
Shall mean any street, avenue, park, parkway, highway or
other public place.
TAXICAB
Shall mean any automobile or motorcar, commonly called taxi,
engaged in the business of carrying passengers for hire, which is
held out, announced or advertised to operate or run, or which is operated
or run, over any of the streets or public highways of the Township,
and particularly accepts and discharges such persons as may offer
themselves for transportation from points or places within the Township
to points or places within or without the Township.
[Ord. #468; 1976 Code § 158-2]
a. The Township Council shall have the sole power to grant licenses
required by this section.
b. The Township Council may reject any application for a license required by this section if the applicant does not comply with the requirements of subsections
4-1.5 through
4-1.9, as applicable.
[Ord. #468; 1976 Code § 158-3]
The Clerk shall:
a. Keep a register of all licenses granted under the provisions of this
section, which register shall show the character of the license, the
number, date of issue, name of person licensed and other information
pertaining thereto.
c. Endorse upon all applications pursuant to which licenses are granted
by the Township Council, the number of the license issued pursuant
to the provisions of this section.
[Ord. #468; 1976 Code § 158-4]
a. The licenses required by the provisions of this section shall be
issued and signed by the Clerk and shall be sealed with the Township
seal.
b. Each license shall be effective for one year commencing January 1
and shall expire on December 31 of the year for which the license
shall have been issued.
[Ord. #468; 1976 Code § 158-5]
No taxicab shall be operated within the Township for the transportation
of passengers for hire until a taxi owner's license shall have been
issued in accordance with the provisions of this section nor until
such owner shall have complied with all of the provisions of N.J.S.A.
48:16-1 et seq.
[Ord. #468; 1976 Code § 158-6]
Each application for a taxi owner's license shall:
a. Be addressed to the Township Council.
b. Set forth:
1. Description of vehicle to be licensed.
3. Residence address and office address of owner.
4. Complete schedule of fares.
c. Have annexed thereto satisfactory evidence of good moral character
of the applicant, attested in writing by two residents of the Township,
if the applicant is a natural person.
d. Be accompanied by the license fee as provided by subsection
4-1.10.
[Ord. #468; 1976 Code §§ 158-7, 158-8]
No taxi owner's license shall be issued to any natural person
unless he is:
a. Natural Person.
1. At least 18 years of age.
2. A citizen of the United States.
b. Corporation. No taxi owner's license shall be issued to any corporation
unless each stockholder, director, officer and manager of such corporation
qualifies in all respects as an individual applicant for such license.
1. If at any time during the period for which such license is issued
more than 25% of the stock of such corporation is transferred or any
new director or officer is elected or appointed or any new manager
is employed, then such new stock transferee, officer, director or
manager shall meet all of the requirements of an individual applicant
for such owner's license before such license shall continue in effect.
[Ord. #468; 1976 Code § 158-9; New]
No taxi owner's license shall be issued until:
a. The applicant shall have complied with the requirements of subsections
4-1.6 and
4-1.7.
b. The taxicab for which the license is sought shall have been inspected
and approved by the Chief of Police for operation and registration
and his approval endorsed upon the application for the license.
c. The owner shall have been fingerprinted and such prints filed at
police headquarters.
d. The applicant shall have filed with the Clerk an insurance policy acceptable to the Township Council as to form and sufficiency, with premium prepaid, as provided in Revised Statutes of New Jersey, Title 48, Chapter
16 (N.J.S.A. 48:16-1 et seq.), except that the amount of such policy shall be in the sum of at least $300,000 against loss from liability imposed by law upon the owner for damage on account of bodily injury or death suffered by one person as the result of an accident occurring by reason of the ownership, maintenance or use of such vehicle; and in the sum of at least $500,000 against loss from liability imposed upon the owner for damage on account of bodily injury or death suffered by more than one person as the result of an accident occurring by reason of the ownership, maintenance or use of such vehicle; and in the sum of at least $50,000 against loss from liability imposed by law upon owner for property damage suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of such vehicle. Such taxicab shall be licensed only so long as such insurance shall remain in full force and effect for the full amounts as herein provided.
e. The application has been approved by the Township Council.
[Ord. #468; 1976 Code § 158-10]
The taxi owner's license shall briefly describe the taxicab
licensed and shall contain the motor vehicle registration number as
well as the serial and motor numbers of such taxicab.
[Ord. #468; 1976 Code § 158-11]
The fee for a taxi owner's license shall be $35 per year or
portion thereof for each vehicle licensed under this section.
[Ord. #468; 1976 Code § 158-12]
The taxi owner's license shall at all times be openly and conspicuously
exhibited in any motor vehicle licensed under the provisions of this
section.
[Ord. #468; 1976 Code § 158-13]
No taxi owner's license shall be transferable.
[Ord. #468; 1976 Code § 158-14]
No person shall drive or operate any taxicab used for the transportation
of passengers for hire within the Township until he shall have obtained
a taxi driver's license as provided by this section.
[Ord. #468; 1976 Code § 158-15]
a. Each applicant for a taxi driver's license shall be:
1. At least 18 years of age.
2. A citizen of the United States.
3. Fit to drive or operate a motor vehicle carrying passengers for hire.
5. Possessed of good eyesight and hearing.
b. No taxi driver's license shall be issued to any person who:
1. Is subject to epilepsy, vertigo, heart trouble or any other infirmity.
2. Is addicted to the use of intoxicating liquors, habit-forming narcotics
or other drugs.
3. Habitually violates the motor vehicle laws or traffic laws of the
State of New Jersey or any of the ordinances of the Township relating
to the use of streets or public places.
4. Violates any of the provisions of this section.
5. Is convicted of any crime.
[Ord. #468; 1976 Code § 158-16]
Each application for a taxi driver's license shall:
a. Be addressed to the Township Council and filed with the Clerk.
b. Set forth:
2. Residence address of applicant.
c. Be accompanied by:
1. Certificate of good moral character attested by two residents of
the Township.
2. Four recent photographs of the applicant, of such size as shall be
required by the Police Department (commonly known as passport size).
One of such photographs shall be attached to the driver's license;
one shall be filed with the application for such driver's license
in the office of the Clerk, and two shall be filed at police headquarters.
3. Doctor's certificate certifying that the applicant driver has good
eyesight and hearing and is not subject to epilepsy, vertigo, heart
trouble or any physical infirmity which, in the opinion of the doctor,
would make him unfit to drive or operate an automobile.
4. License fee as provided by subsection
4-1.17.
[Ord. #468; 1976 Code § 158-17]
No taxi driver's license shall be issued until:
a. The applicant has met all of the requirements of this section.
b. The applicant has been fingerprinted and his prints filed at police
headquarters.
c. The Chief of Police has endorsed his approval of the applicant on
the application.
d. The Township Council has approved the license.
[Ord. #468; 1976 Code § 158-18]
The fee for a taxi driver's license shall be $4 per year.
[Ord. #468; 1976 Code § 158-19]
No taxi driver's license shall be transferable.
[Ord. #468; 1976 Code § 158-20]
a. The taxi driver's license provided for in this section shall be a
card in such form as to contain the photograph and signature of the
licensee. Such photograph shall be one of the photographs filed with
the application, shall be a front view of the head and shoulders of
the licensee taken within 90 days of the date of application and shall
be so attached to the license that it cannot be removed and another
photograph substituted without detection.
b. The license issued to the taxi driver shall be displayed in the holder referred to in subsection
4-1.24 at all times while the taxi driver to whom such license has been issued is driving such taxicab.
c. No licensee shall remove any photograph from a license or substitute
another thereon, nor willfully or maliciously deface, damage or obliterate
any official entry made upon his license.
[Ord. #468; 1976 Code § 158-21]
All taxicabs herein required to be licensed, used or operated
for the carrying of passengers, shall be automobile sedans with a
minimum of three doors. At least two of the doors shall be for the
exclusive use of the passengers.
[Ord. #468; 1976 Code § 158-22]
All vehicles used as taxicabs shall be at all times clean and
in good repair.
[Ord. #468; 1976 Code § 158-23]
a. The total number of persons permitted in any taxicab at any one time
shall not exceed the number of persons for which permanent seating
capacity is provided in the vehicle as originally designed.
b. No person other than the licensed driver of a taxicab or a passenger
for hire shall ride or sit in the compartment of the taxicab reserved
for the driver thereof.
[Ord. #468; 1976 Code § 158-24]
Every taxicab licensed under the provisions of this section
shall have fastened in a conspicuous place therein a printed card
showing the rates provided for in the approved application, in letters
and figures of not less than 1/2 inch in height. Such card shall bear
the license number of such vehicle and the name of the owner thereof.
[Ord. #468; 1976 Code § 158-25]
a. Each licensed taxicab shall be provided by the owner thereof with
a holder for the license of the taxi driver, which holder shall permit
such license to be freely inserted therein or removed therefrom.
b. The holder shall be securely attached to the rear of the front seat
and shall permit a clear view of the taxi driver's license to passengers
in the taxicab.
[Ord. #468; 1976 Code § 158-26]
a. The charges for carrying passengers shall conform to the rates set forth in the schedule of fares filed with the application pursuant to subsection
4-1.6 of this section.
b. Such charges shall not be increased either during the license year
or upon renewal of the license unless and until an application for
such increase shall have been submitted to the Township Council not
less than three months prior to the proposed effective date of such
increase and shall have been approved by the Township Council. The
application shall be accompanied by financial statements, balance
sheets, profit and loss statements, cash flow projections and such
other evidence as shall be pertinent to the establishment of rates
that will yield a fair and reasonable return, all in form satisfactory
to the Township Council and in accordance with standard accounting
practice. The application shall be promptly acted upon by the Township
Council and in no event later than the proposed effective date of
the increase. Only one application for an increase shall be considered
during any license year.
c. The charging of any fare or fares in excess of the approved rates
referred to shall constitute a violation of this section by the owner
or driver, or both.
[Ord. #468; 1976 Code § 158-27]
a. Taxi stands may be established in such places as the Township Council
shall authorize. Such stands shall be designated by appropriate signs.
b. Taxi stands established and designated as provided by paragraph a
shall be occupied only by licensed taxicabs and shall be subject to
such rules and regulations as to the use of public taxi stands as
the Township Council may promulgate and establish. No vehicle other
than one licensed hereunder and prepared to accept passengers on request
shall stand in any public taxi stand, provided that the location of
such public taxi stand, together with a statement of the number of
vehicles that may occupy the stand or the amount of space reserved
therein, is conspicuously displayed at the front end of such stand.
[Ord. #468; 1976 Code § 158-28]
No taxicab shall be permitted to stand on any street other than
at a taxi stand, except when the same shall be waiting to pick up
or discharge a passenger. The driver of any such vehicle shall remain
in or immediately outside such vehicle when the same is at any taxi
stand, street or public place.
[Ord. #468; 1976 Code § 158-29]
No person shall solicit customers for transportation in any
taxicab in a noisy or offensive manner nor at any place other than
the office of the taxicab owner or at a public taxi stand.
[Ord. #468; 1976 Code § 158-30]
No driver of any taxicab which is disengaged shall refuse to
carry any orderly person who tenders payment of the rate or fare permitted
to be charged.
[Ord. #468; 1976 Code § 158-31]
Upon the request of any passenger, the driver of any taxicab
shall give to such passenger a receipt for the fare paid.
[Ord. #468; 1976 Code § 158-32]
a. Any taxi owner's license issued pursuant to this section may be suspended
as punishment or revoked by the Township Council, after due notice
and hearing, for any of the following grounds:
1. The licensee shall be adjudged by the Township Council to have violated
any of the provisions of this section or of any ordinances of the
Township or of State or Federal laws applicable thereto.
2. The licensed taxicab is determined by the Township Council to be
unsafe, unfit, unsanitary or unsuited for public patronage.
3. The licensee shall be found by the Township Council not to have complied
with the provisions of N.J.S.A. 48:16-10.
b. A second suspension of any taxi owner's license shall, at the option
of the Township Council, be cause for the revocation of such license.
c. The Chief of Police may suspend a taxi owner's license issued under
this section, based upon any of the grounds set forth in paragraph
a of this subsection, for a period of not more than 15 days, pending
a hearing by the Township Council.
[Ord. #468; 1976 Code § 158-33]
a. Any taxi driver's license issued pursuant to this section may be
suspended as punishment or revoked by the Township Council, after
due notice and hearing, for any of the following grounds:
1. Inability of the licensee to comply with the physical or mental requirements
or qualifications prescribed by this section.
2. Violation of any of the provisions of this section or of any State
or Federal law applicable thereto.
b. A second suspension of any taxi driver's license shall, at the option
of the Township Council, be cause for the revocation of such license.
c. The Chief of Police may suspend a taxi driver's license issued under
this section, based upon any of the grounds set forth in paragraph
a of this subsection, for a period of not more than 15 days, pending
a hearing by the Township Council.
[Ord. #468; 1976 Code § 158-34]
Any person who violates any provision of this section shall, upon conviction, be subject to the penalty as stated in Chapter
1, Section
1-5.
[Ord. #1268, § I; Ord. #1412, § 1]
Limousine or livery service shall mean and include any autocab, automobile, motor car service, minibus or van which provides arranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis, that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided, that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in subsections
4-1.34 through
4-1.40 shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers, autobuses which arc subject to the jurisdiction of the Department of Transportation, or interstate autobuses required by Federal or State law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.
[Ord. #1268, § I; Ord. #1412, § 2]
a. No limousine service, the owner of which has his principal place
of business in the Township of Mahwah, shall be operated along any
street in the Township until the owner thereof shall have obtained
the consent at the Township Council.
b. No consent by the Township Council to the owner of a limousine or
livery whose principal place of business is the Township shall become
effective until the owner of such limousine or livery shall have filed
with the Municipal Clerk an insurance policy or certified copy of
a policy written by an insurance company duly licensed to transact
business under the insurance laws of the State, conditioned for the
payment of the sum of not less than $1,500,000 combined single limit
to satisfy all claims for damages by reason of bodily injury to or
the death of any persons and damage to property of others resulting
from an accident by reason of the ownership, operation, maintenance,
or use of such limousine or livery upon the public streets of the
Township of Mahwah. Said insurance policy shall contain a clause that
should it be cancelled, materially amended, or non-renewed, or should
any of the vehicles herein be removed or substituted from the policy,
the insurance company shall mail beforehand for cancellation, material
amendment and/or non-renewal and after for removal or substitution
30 days' notice to the Municipal Clerk certified mail, return receipt.
Any consent to operate a limousine which has been granted by the Township
Council shall become void and of no effect in the event that the aforementioned
insurance policies are cancelled or for any reason become ineffective.
[Ord. #1268, § I; Ord. #1412, § 3]
The owner of each limousine service shall execute and deliver
to the Township Clerk concurrently with the filing of the insurance
policies herein required, a copy of a power of attorney, wherein and
whereby the owner shall appoint the Director of the Division of Motor
Vehicles his true and lawful attorney for the purpose of acknowledging
service of any process of a court of competent jurisdiction.
[Ord. #1268, § I]
No limousine service which has its principal place of business
within the Township of Mahwah, shall be operated along any street
in the Municipality until the owner or operator of said limousine
service shall have obtained a limousine certificate for each limousine
so operated.
a. Written application for such certificate shall be made to the Municipal
Clerk on forms furnished by the Municipal Clerk. Each application
shall be accompanied by the requisite fees as herein fixed for the
certificate applied for. Each application shall set forth under oath
or affirmation:
1. The type, maker's name, seating capacity, weight, year of manufacture,
factory number, vehicle registration number and engine number of each
vehicle;
2. The principal location of each vehicle when not being operated upon
the streets as a limousine;
3. The home and business address of the owner of the vehicle;
4. A statement as to whether the applicant has ever been convicted of
a crime, and if the applicant has been convicted of a crime, a complete
statement concerning dates and disposition thereof. In the case of
a corporate applicant, the statement shall be completed as to each
officer, director and owner of more than 10% of the stock of the corporation.
b. Based on a review of the information obtained in the application,
the Municipal Clerk may deny the applicant a certificate if all the
information is not presented.
[Ord. #1268, § I]
All certificates issued under the provisions of subsections
4-1.34 through
4-1.40 shall expire on December 31 of the year for which they are issued and shall be nontransferable. The fee for a certificate for each limousine or livery is $50. Each application shall be accompanied by the full amount of the license fee.
[Ord. #1268, § I]
Any certificate issued pursuant to the provisions of this Code may be revoked or suspended (without refund of fees) by the Municipal Clerk for any violation of subsection
4-1.37 through
4-1.40. The person or corporation affected by such revocation or suspension shall have the opportunity for a public hearing before the Township Council in a summary manner in order to contest the suspension or revocation. Pending hearing and decision by the Township Council, the revocation or suspension shall remain in effect. In order to obtain a hearing from a summary revocation or suspension of a certificate the holder of the certificate shall be required to request the hearing in writing within 10 business days of the effective date of the suspension or revocation imposed by the Municipal Clerk.
[Ord. #1268, § I]
Any person who violates any provision of subsections
4-1.34 through
4-1.40 shall, upon conviction, be subject to the penalty as stated in Chapter I, Section
1-5.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
As used in this section, the following terms shall have the
meanings indicated:
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm. Basic tow only includes providing
access to the vehicle during normal business hours, 8:00 a.m. till
5:00 p.m. Any additional services, including tow outs, will be negotiated
with the party requesting same.
CALENDAR YEAR
The period of time between January 1 and December 31 of any
given year.
GVWR
Gross vehicle weight rating.
HEAVY-DUTY TOW VEHICLE
A vehicle specifically designed to tow, transport or otherwise
move motor vehicles with a gross vehicle weight rating of 16,001 and
above.
INSIDE BUILDING
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
LAND ALL TRAILER
Detachable trailer capable of hauling vehicles, machinery
and/or equipment, commonly referred to as "low-boy."
LICENSED PREMISES/SITE
The licensed storage area under which the official tower
conducts operations in accordance with the provisions of this section.
LIGHT DUTY TOW VEHICLE
A vehicle specifically designed to tow, transport or otherwise
move motor vehicles with a gross vehicle weight of up to 10,000 lbs.
MEDIUM DUTY TOW VEHICLE
A vehicle specifically designed to tow, transport or otherwise
move motor vehicles, with a gross vehicle weight of at 10,001 to 16,000
lbs.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the licensed owner
or operator of the motor vehicle even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the licensed owner
or operator of the motor vehicle.
OFFICIAL TOWER
A person or company licensed by the Township of Mahwah to
tow and/or store vehicles whose licensed site meets the standards
set forth in this section.
OUTSIDE SECURED
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a locked gate. The facility is
to be lighted at night.
SERVICE
An occurrence in which a motor vehicle becomes inoperable.
This vehicle is not involved in contacting another vehicle or object.
SPECIAL RECOVERY SERVICES
Any action that is not normally associated with roadside
towing, winching, righting an overturned vehicle or other services
required when a vehicle is not on any portion of a traveled roadway
or shoulder. Winching a vehicle onto a flatbed, with damaged wheels
or transmission is not considered special recovery services.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under reach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
WINCHING
Repositioning a vehicle that has been overturned or is off
the roadway or shoulder so as to accommodate the hooking and positioning
of the vehicle on the tow vehicle. Winching excludes the pulling of
a vehicle onto a flatbed.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
a. The Governing Body of the Township of Mahwah, or its designated agent
or officer, may license persons or companies meeting the criteria
set forth in this section and engaged in the business of or offering
the services of motor vehicle towing, wrecking or storage (service),
whereby damaged, (or) disabled and/or impounded motor vehicles are
towed or otherwise removed from the place where they are damaged,
(or) disabled, and/or impounded by use of a tow vehicle, as defined
herein. Such person(s) or company shall be known as an "official tower."
b. Official towers shall be identified by means of a license, which
shall be issued by the Township as hereinafter provided. Each licensed
official tower shall also have issued by the Township a decal or insignia
for each vehicle used in the towing operation by the official tower
and which shall be placed on each vehicle in a prominent portion of
such vehicle as required by the Chief of Police or his designee. No
vehicle or motorized equipment shall engage in towing vehicles unless
such insignia or decal is affixed as set forth and the name of the
official tower permanently affixed to the vehicle. The decal shall
remain on the vehicle during the licensed term. A new decal shall
be issued upon approval of a re-application and re-inspection. ("Permanently
affixed" herein shall mean attached to or placed directly on the vehicle
in such a manner as such cannot be removed or repositioned.)
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
a. The official tower shall furnish adequate and proper towing, wrecking,
storage and emergency repair service to damaged or disabled motor
vehicles within the limits of the Township when requested to do so
by the Chief of Police or his designee. The official tower shall be
available to render service 24 hours per day, seven days per week
with a maximum twenty-minute response time to Township border in adverse
weather or traffic.
b. In the event that a disabled vehicle requires special towing equipment
and the official tower does not possess such equipment, the assigned
tower may utilize other Mahwah Township official towers in the rotation
list that do possess the necessary special equipment to tow such disabled,
damaged or impounded vehicle. No official tower shall subcontract
or assign any work that is to be performed by the official tower under
the provisions of this section.
c. At the request of the Fire Chief or his designee, another tower on
the list, may be called to assist with the recovery if the on-call
tower does not have the specialized equipment. (air bags, struts,
etc.) Should this occur, the on-call tower will be the primary tow
operator, with the secondary assisting in the process.
[Ord. No. 1769; Ord. No. 2016-1792 § 1; amended 8-11-2022 by Ord. No. 1980]
a. Application for an official tower license shall be made to the Council
of the Township of Mahwah upon a form provided by the Township Clerk
and shall contain all of the following information:
1. The name, business address, including the principal place of business
verified by the State of New Jersey Division of Taxation and the address
of the location that is to be licensed pursuant to this section, telephone
number and federal tax identification number (where applicable). When
the official tower is owned and operated by an individual, the name,
social security number, residential and business addresses and telephone
number(s) of such individual shall be provided. When the official
tower is a corporation or partnership, the application shall contain
the names, residences, telephone numbers, date of birth and social
security number of all persons owning any interest in the official
tower. Principal place of business verified by the State of New Jersey
Division of Taxation.
2. In the event that the official tower is conducting business operating
under a trade or business name, the applicant shall submit a certificate
of such name as proof that such name has been appropriately filed
with the County Clerk's Office of Bergen County and/or with the
Secretary of State of the State of New Jersey.
3. Any such information as may be required by the Council (or designee),
concerning the personnel, vehicles, equipment and storage facilities
of such applicant, as hereinafter provided, showing that the applicant
meets the minimum standards of performance.
4. A certificate or certificates of insurance evidencing adequate insurance
coverage as hereinafter provided. If insurance expires within 30 days
of issuance of license, a renewal policy or certificate from insurance
agent must be included.
5. A fee of $1,000 to cover the administrative expenses incurred by
the Township in processing the application and an additional fee of
$100 for each vehicle for which an identifying decal is issued. Application
fees must be included in full with the application and are nonrefundable.
6. The names and addresses of two business references not in the employ
of the Township who have known the applicant for at least two years
and who can attest to the applicant's experience and performance
in the towing, wrecking and storage business.
7. Vehicles.
(a)
All towing vehicles must be listed on the application, including
the make and model number, year of vehicle and vehicle identification
number (VIN) and any and all other information that the Council may
deem necessary.
(b)
No vehicle may be listed on more than one application, nor can
there be a transfer of vehicles between towers.
(c)
All vehicles MUST be operational and be able to satisfactorily
pass a DOT inspection at time of application.
8. A complete list, including dates of service, of all other municipalities,
state agencies and/or governmental entities that the applicant is,
or has been, an official tower of or held a towing permit from. No
person applying individually shall be eligible for approval or appointment
as an official tower of the Township of Mahwah unless that person
shall have been an official municipal tower with a minimum of three
years' experience in municipal towing in any municipality of
the State of New Jersey. No corporation or partnership shall be eligible
for approval or appointment as an official tower of the Township of
Mahwah unless that business entity shall have been an official municipal
tower with a minimum of five years' experience in municipal towing
in any municipality of the State of New Jersey including a minimum
of two years' experience in municipal towing in any municipality
in the County of Bergen, State of New Jersey.
9. A complete list of all actions taken against the applicant by a governmental
entity for the applicant's alleged violation of any towing ordinance
or regulation while towing as a licensed or permitted tower for that
governmental entity. If the applicant's towing license or permit
has been revoked, suspended or denied, the applicant shall list each
time, what governmental entity was involved and a brief description
of the event(s) that led up to the revocation, suspension and/or denial
of a towing license or permit.
10. If the applicant is an official tower in any other jurisdiction the
applicant must submit the rotational list from these jurisdictions.
As an official tower for the Township of Mahwah the Township shall
receive priority treatment when in capacity of the on-call tower for
the Township.
b. No license shall be granted to a tower unless and until the tower
seeking the license has appointed the Township Clerk as the applicant's
true and lawful attorney for the purpose of acknowledging service
out of any court of competent jurisdiction to be served against the
applicant.
c. Suspension or revocation of a license, and/or the prior denial of
an application affecting the applicant, from this municipality or
any county or State agency granting such license may be cause for
denial of a license under this section.
d. At the expense of the applicant, the applicant shall also cause each
of its drivers to have a background check performed at a State-approved
facility prior to that driver performing any towing services in the
Township. Copies of the results of the background check shall be submitted
to the Chief of Police on an annual basis of each calendar year. Fingerprint
results are to be submitted with the application. Failure to provide
results will result in the application being denied.
e. Upon receipt of a completed application, the Township Clerk shall
forward a copy to the Chief of Police or his designee for his review
and recommendation. The review by the Chief of Police or his designee
shall consist of the following: An inspection of the personnel, vehicles,
equipment and storage areas proposed to be utilized by the applicant
to verify the accuracy of the information contained in the application
and to determine compliance with applicable laws and regulations and
the standards of performance required by this chapter.
FAILURE TO SUBMIT A COMPLETE APPLICATION WILL RESULT IN THE
APPLICATION BEING DENIED.
f. An applicant may be included on the official towers list by an official
action of the Mayor and Council, by resolution adopted at a combined
work session and public meeting, when, from a consideration of the
application and from such other information as may be obtained, the
Mayor and Council find that all of the following circumstances exist:
1. The applicant has not knowingly and with intent to deceive made any
false, misleading or fraudulent statements of material fact in the
application or in any other document required pursuant to this section.
2. The applicant has met the standards in this section and has furnished
the required hold harmless agreement and certificate(s) of insurance.
3. The application has been reviewed and the Chief of Police or his
designee has submitted a favorable report.
4. Background check; disqualification.
(a)
No principal, shareholder employee, or agent of the applicant
shall have been convicted within the last seven years of any indictable
offense or any offense involving stolen or embezzled vehicles, fraud
relating to the towing business, stolen property, or any other offense
of similar nature.
(b)
Applicant hereby agrees that it will supply the Township any
information, and will execute or have executed at the Township's
request any document(s) necessary to enable a criminal background
check to be performed on its principals, shareholders and/or employees
and to have that information provided to the Township. Applicant further
agrees to insure that, upon the Township's request, the necessary
process is undertaken and completed. If it is determined by the Township
that a principal within applicant's company/corporation or any
employee or shareholder of applicant's corporation shall have
criminal record information existing on file in the Federal Bureau
of Investigation, Identification Division, or in the State Bureau
of Identification in the division of State Police that violates the
terms set forth below, the applicant will immediately be given notice
and five days to take appropriate action as set forth by the Township.
In the event that the Township requests that a principal/employee
be disqualified from employment because of the reasons set forth herein,
applicant agrees to be bound by and conform to this request. Applicant
understands and further agrees that failure to take the action set
forth by the Township will preclude the applicant being considered
and/or will constitute a material breach of the license and may result
in suspension or termination.
As used herein, shareholder means any owner or person in control
of 10% or more of the shares of the corporation which is submitting
the application. The Township reserves the right to request this information
and perform background checks as it deems necessary throughout the
license term.
(c)
Disqualification will be warranted if the criminal history check
reveals a conviction:
(1)
In New Jersey, of any crime or disorderly persons offense:
[a]
Involving danger to a person pursuant to N.J.S.A. 2C:11-1 et
seq., N.J.S.A. 2C:24-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A.
2C:15-1 et seq.; or
[b]
Against the family, children or incompetents, pursuant to N.J.S.A.
2C:24-1 et seq.; or
[c]
Involving a violation of any nature regarding work on any contract
with the State, any State agency or any county or municipality for
the provision of services similar to the services to be provided by
this license. In any other state or jurisdiction, for conduct which,
if committed in New Jersey, would constitute any of the crimes or
offenses included in paragraph f4(c)(1) of this subsection.
(d)
Notwithstanding the above provisions, a principal/employee shall
not be disqualified hereunder on the basis of any conviction disclosed
by a criminal history record check, upon the recommendation of the
Chief of Police, if the individual has affirmatively demonstrated
to the Township clear and convincing evidence of his rehabilitation.
5. In determining whether an individual has affirmatively demonstrated
rehabilitation, the Township shall consider:
(a)
The nature and responsibility of the individual's prospective
position;
(b)
The nature and seriousness of the offense;
(c)
The circumstances under which the offense occurred;
(e)
The age of the principal/employee when the offense was committed;
(f)
Whether the offense was repeated;
(g)
Social conditions which may have contributed to the offense;
and
(h)
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received,
acquisition of additional, academic or vocational education, successful
participation in correctional work-release programs, or the recommendation
of persons who have supervised the principal/employee.
g. The Chief of Police or his designee shall conduct his or her review
and render a report to the Council recommending either the approval
or denial of the application within 60 days of receipt of the application
from the Township Clerk. The Council shall take action by resolution
with regard to the report of the Chief of Police within 30 days or
at the next combined work session/public meeting of the Council, whichever
is later. The applicant or its representative shall be given notice
of the date on which the Council will consider the application and
shall be permitted to appear and be heard at that time.
h. Written notice of the approval or denial of the application shall
be provided to the applicant within seven days of the decision of
the Council.
[Ord. No. 1769; Ord. No. 2016-1792 § 2; amended 8-11-2022 by Ord. No. 1980]
a. Upon approval of the application as herein provided, the Township
Clerk of Mahwah shall issue for the applicant an official tower's
license for each tow vehicle or flatbed vehicle to be utilized in
providing services pursuant to this section by submitting such to
the Chief of Police or designee for issuance to the official tower(s).
b. Said licenses and identifying decal is to be affixed by the Chief
of Police or his designee at police headquarters, which shall be in
a form so approved by the Mayor and Council, and shall be displayed
on the tow vehicle or flatbed vehicle at all times.
c. Expiration; Renewal; Revocation.
1. Each official tower's license shall be in effect for a period
of two years and shall expire on March 31 of the second year from
issuance. The commencement date of the license shall be April 1 of
the year of its issuance. Each applicant for an official tower's
license shall apply for such license on or before January 1 of the
year prior to the expiration of the existing license. The license
shall not be transferable or assigned and may be subject to revocation
by the Council for any of the following reasons:
(a)
If it is subsequently determined that the applicant knowingly
and with intent to deceive made false, misleading or fraudulent statements
of material fact in the application or in any other document required
pursuant to this section.
(b)
Violation of any Federal or State law or municipal ordinance
or regulation relating to the operation of a motor vehicle or the
provision of towing services.
(c)
Violation of any rule or regulation promulgated by the New Jersey
Department of Insurance.
(d)
Violation of any of the provisions of this section.
2. No license shall be issued for less than a full year nor should a
license be issued at any other time than the period set forth above.
d. Upon the expiration of an official tower's license, the applicant,
prior to performing any service thereafter, shall refile completely
for such official tower's license, setting forth all the information
required in the form provided by the Municipal Clerk and complying
with the provisions of this section.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
a. Minimum Vehicle Requirements.
1. Every official tower shall maintain and have available to render
services required by this section a minimum of one regular tow vehicle
with wheel lift, two flatbed vehicles, one medium-duty towing vehicle
of at least 15,000 pounds gross vehicle weight and one heavy-duty
towing vehicle of at least 35,000 pounds gross vehicle weight. In
lieu of a medium-duty towing vehicle, the tower may substitute an
additional heavy-duty towing vehicle in its place. Registration documents
shall be shown to the Township certifying registration is the same
or better than the gross vehicle weight (GVW) of the vehicle, as plated
on the vehicle. No vehicle shall be listed on more than one application
for a towing license.
2. Vehicle Classes.
(a)
Heavy-duty tow vehicles of 35,000 pounds gross vehicle weight
or more must be equipped with a boom with a 20 ton minimum boom rating
or winch assembly mounted on the chassis, a tow sling or tow bar and
a wheel lift assembly or underreach. The winch assembly must have
100 feet of at least five-eighths-inch steel cable attached to a motor-driven
winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate the transporting
of vehicles.
b. Each applicant shall submit, along with its application, proof of ownership or lease of the vehicles, which will be utilized to provide services pursuant to this section. The provisions of subsection
4-2.4a7 of this section shall apply.
c. Minimum Equipment and Reporting Requirements.
1. Every tow vehicle or flatbed vehicle shall have two-way radio or
cellular phone capability with a dispatching center on a twenty-four-hour
basis.
2. Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least three advanced warning devices or flares of a type
to be visible for a distance of not less than 1,000 feet from the
disabled vehicle.
(b)
Approved warning lights/devices, brake and light connections
for towed vehicle and safety chains. Flashing amber light bars must
be used at all times while servicing the vehicle and be visible for
a distance of not less than 1,000 feet from the disabled vehicle.
An Amber Light Permit as required by State law must be acquired by
the applicant, and submitted with application.
(c)
Extra chains and cable for pulling or securing a towed vehicle.
(d)
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 10 pounds of dry sand or a drying compound for gasoline
and oil spilled on the roadway and containers for removal thereof
and a sufficient quantity and types of tools to enable the tow vehicle
operator to perform proper and adequate emergency repair services
for the tow.
(e)
Safety vests must be worn by tow personnel when they are performing
services on the roadways. In accordance with the following specifications,
Safety Vests shall meet the ANSI Specifications for American National
Standard for High Visibility Safety Apparel. The vest shall have a
minimum background area of 0.5m2 (775 in2) material of either fluorescent yellow/green, fluorescent
orange/red, or fluorescent red in color and a minimum of 0.13m2 (201 in2) retroreflective
materials in a contrasting fluorescent color red, orange/red, or yellow/green.
The retroreflective material shall have contiguous areas encircling
the torso, placed in such a manner to provide 360° of visibility.
3. Every tow vehicle or flatbed vehicle shall comply with any and all
State, Federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Chief of Police or his designee at any
time. All inspections shall be scheduled by the Police Department
and performed at Police Headquarters, 221 Franklin Turnpike, Mahwah,
New Jersey. Where applicable, all permits required by other agencies
than the Township shall be provided to the Township upon request of
the Township.
4. Every tow vehicle or flatbed vehicle shall display the official tower's
decal and shall have the name of the official tower, by a permanently
affixed or painted sign prominently displayed on the vehicle in such
manner so as to conform to the provisions of N.J.S.A. 39:4-46. Such
demarcations shall be placed on the outside door panels of the vehicle.
The sign shall be at least three inches in height and diameter, be
visible to the naked eye and the names must be the same on both panels.
5. Within 10 calendar days of the expiration of each rotation period,
the official tower shall submit to the Chief of Police or his designee,
a copy of all of the invoices for services rendered to any owner or
operator of a damaged or disabled vehicle on a form of invoice provided
by the Township. The invoice shall be a four part copy to be distributed
as follows:
(a)
One to applicant/official tower;
(d)
One to Police Officer when vehicle is towed from scene.
In the absence of a Township form, the official tower will submit
the bills which state: the name and address of the person towed; the
make and model of the vehicle towed; plate number; and, the in date
of the tow and the out date of the tow. Only fees applicable in this
section shall appear on said invoice, and there shall be only one
invoice per vehicle towed.
d. Minimum Personnel Requirements. Official towers shall have available,
at all times, a minimum of two drivers to provide the services required
by this section. All drivers employed by official towers to provide
the services required by this section shall meet the following requirements
and be subject to the following regulations. They shall:
1. Be competent and able to provide minimum road services for disabled
vehicles.
2. All drivers of vehicles over 26,000 pounds are required to have a
commercial driver's license (CDL) by the State of New Jersey
and/or Federal regulations are required to furnish such license for
the purpose of this section.
3. Obey all traffic laws and regulations.
4. Not have been convicted of 1st, 2nd, or 3rd degree crime in the State
of New Jersey or the equivalent felony of any other state within the
past two years.
5. All drivers who do not possess a CDL must submit to random drug testing
two times each year at the expense of the applicant or driver at the
discretion of the Chief of Police.
6. Each licensee shall have a recovery specialist with Level 3 certification
from the Towing and Recovery Association of America (TRAA), or equivalent
certification from Wreckmaster or other nationally recognized training
organization. This certificate is to be included with the initial
application. This recovery specialist shall be on-scene for any heavy
duty recovery.
e. Minimum Storage Requirements.
1. Every official tower shall maintain an inside building and outside
secured storage area "Licensed Site" meeting the following requirements:
(a)
All official towers must have sufficient storage area on their
own premises to store towed vehicles at the licensed site. This area
must be over and above the requirement that is in effect for parking
for the site. No vertical stacking of vehicles is permitted. Each
tow vehicle must be stored at the official tower's licensed site.
A driver must be on call at the licensed site to respond to a call
for towing during the tower's rotation. Official towers located
within the Township cannot store vehicles on the thoroughfares of
the Township, whether under the auspices of the Township, County of
Bergen or State of New Jersey without Township approval. Storage of
vehicles on the thoroughfares of other municipalities wherein Township
towers are located is subject to the requirements of those municipalities.
(b)
The location of the storage area shall be located within the
limits of the Township or must be within five miles from the border
of the Township. Vehicles cannot be stored in New York State. Lettering
on yard location must be a minimum of 10 inches tall, visible from
the roadway. The sign must be properly affixed to fence structure
or building; plastic ties are unacceptable.
(c)
The storage area shall have appropriate signage subject to the
following minimum requirements:
(2)
Letters 10 inches in height.
(3)
Visible from the roadway where located.
(4)
Properly affixed to building or fence with proper hardware.
(d)
The storage area shall be fenced with fencing at a minimum of
six feet in height. The fenced area shall be no less than 5,000 square
feet in area dedicated solely to the operation of the tow company
at the licensed site. No other business or tow company shall use the
storage area designated. The storage area shall have a suitable gate
and be installed with a locking device or a similar on-site security
measure. The facility is to be lighted at night.
(e)
A certificate of occupancy must be furnished with the application
indicating that the licensed site is legally zoned for towing and
storage of vehicles or is subject to land use approval permitting
such use in accordance with the requirements set forth herein.
(f)
The storage facility shall be available from at least 8:00 a.m.
until 6:00 p.m. Monday through Friday and from at least 8:00 a.m.
to 1:00 p.m. on Saturday. The applicant shall prominently display
the hours with proper signage during which the facility will be open.
The storage area must have a building wherein a permanently installed
telephone is located and the building must be sufficiently staffed
and equipped to allow for the prompt intake and release of vehicles.
The building shall be within sight distance and/or within 500 feet
of the entrance of the storage area. On the application for a towing
license, the applicant shall list all business hours required pursuant
to the subsection for the calendar year of the license in question,
which shall not be changed during the calendar year. The building
must be staffed during times of operation and at a minimum while on
towing rotation and three days thereafter.
(g)
The official tower shall not charge any additional fee or other
charge for releasing vehicles to their owners after normal business
hours or on weekends or for moving a vehicle from one location to
another in the storage area.
(h)
The applicant shall, with its application, submit proof of ownership
or a complete copy of the lease of the storage area.
(i)
The official tower shall be responsible for ensuring the proper
and safe storage of all vehicles towed pursuant to this section. The
official tower shall be liable for any damage incurred by such vehicles
while in transit to or while stored in the storage areas.
(j)
Towing rates must be displayed prominently at the licensed site.
Rate cards shall be provided by the Township for vehicles and personnel.
(k)
All storage of vehicles shall be at the licensed site.
(l)
Inside storage shall be capable of storing no less than two
vehicles with each having an overall length of 245 inches long by
96 inches wide per license.
2. To ensure the timely release of a vehicle, the tower shall release
a vehicle to the owner/occupier of the vehicle no later than one hour
from the vehicle's arrival at the tower's facility or within
one hour of being contacted by the owner/occupier of the vehicle that
he/she wishes to take possession of said vehicle during regular business
hours. A tow receipt containing an itemization of all fees must be
provided for every transaction.
3. Credit Cards. All official towers must have the ability to receive
credit card payment and will accept same for payment without additional
charge, of all towing and storage services included, specifically
or by reference, in this section.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
a. Official towers shall be placed on the list once their application
is approved and license issued. Once the initial list has been established,
new official towers, when their applications have been approved, will
be added to the list. The towing rotation shall be determined by the
Police Department.
b. The Township shall request wrecking, towing and storage services
from each official tower in rotation. The rotation period shall be
for a period of one week commencing at Wednesday at midnight and ending
the following Tuesday at 11:59 p.m. When called, the tower shall advise
the dispatcher if a vehicle is available and the estimated time of
arrival. The tower called shall not be permitted to subcontract any
wrecking, towing or storage services being requested. If no tower
vehicle is available or if the response time will exceed 20 minutes,
the next official tower on the list shall be called. If none of the
official towers are available or able to provide such services as
are requested by the Township, the Township may request such services
from any other available source. All requests shall be made by the
Chief of Police or his designee.
c. The Township shall request service only from official towers; provided,
however, that if no emergency or road hazard exists, the Chief of
Police or his designee shall request such service from such other
person as the owner of the motor vehicle in need of such services
may request, provided that the request is responded to within 30 minutes.
d. During adverse weather conditions, heavy traffic conditions or emergency
conditions, official towers shall give priority to requests from the
Township over any other requests which may be received by the official
towers.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
Applicants shall agree, in writing, to assume the defense of
and indemnify and hold harmless the Township, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the Township may be subject to
any kind and nature whatsoever resulting from, caused by, arising
out of or as a consequence of the provision of towing, wrecking, storage
and/or emergency services provided at the request of this Township
pursuant to this section.
Official towers shall enter into a hold harmless agreement in
a form to be prepared by the Attorney for the Township prior to being
included on the official towers list.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
An official tower shall maintain, during the life of its license,
insurance policies of the type and with the minimum limits indicated
below and in a form satisfactory to the Township. An official tower
shall provide a certified copy of the policies and/or certificates
of insurance satisfactory to the Township with initial application.
All policies and/or certificates shall be submitted to the Township
risk management consultant for review and approval.
a. Garage Liability Insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence including premises operations and products/completed
operations.
b. Automobile liability insurance; general property damage and liability
insurance.
1. Automobile Liability Insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
2. General Property Damage and Liability Insurance. Limit of liability
shall not be less than $1,000,000 combined single units.
c. Garagekeeper's Insurance. Physical damage insurance policies
shall be specifically endorsed to provide direct primary insurance,
where applicable, for vehicles in tow, possession of, or storage on
property owned or controlled by the tower. Limit of said coverage
shall be not less than $500,000.
d. Excess Umbrella Insurance. Limit of liability shall be not less than
$1,000,000 providing protection in excess of the $1,000,000 garage,
auto liability coverage and general property damage and liability
coverage.
e. On all liability policies, the Township shall be added as an additional
insured, and insurance policies and/or certificates shall indicate
such coverage as primary coverage notwithstanding any insurance carried
by the Township.
f. Workers' Compensation Insurance. New Jersey statutory coverage,
including employer's liability coverage.
g. An official tower shall indemnify the Township and the public against
any loss due to injuries, accident or damages of any character whatsoever
where any such damage is the result of an act or omission of the official
tower, its agents or employees in or due to the execution of the work
called for under the contract.
h. Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Township of Mahwah shall be provided with
the application. Each such policy or certificate shall contain a provision
that it is not subject to material change, cancellation or nonrenewal
unless 30 days' prior written notice via certified mail/return
receipt shall have been given to the Township of Mahwah by the tower's
insurer. All insurance policies or certificates must be received 30
days prior to commencement of any work.
i. The providing of any insurance required herein does not relieve an
official tower of any of the responsibilities or obligations assumed
by the official tower for which the tower may be liable by law or
otherwise.
j. If any policies contain deductible or co-payments, it shall be the
responsibility of the official tower to pay such sums at the same
time a claim is settled by the official tower's insurance company.
k. If any policies contain limits of liability with an aggregate limit,
the official tower or official tower's insurance company shall
provide the Township quarterly during the policy period a statement
evidencing the limits of liability required under the contract to
be in force.
l. Policies of insurance required by this section shall be maintained
in full force and effect at all times. In the event that any coverage
is cancelled, terminated or coverage decreased in amount, same shall
constitute a material breach of the license and the tower shall be
immediately removed from the official towers list until such time
as required coverage is reinstated.
m. All policies shall be written by either a company licensed to do
business in the State of New Jersey or a New Jersey eligible Surplus
Lines Company, with a minimum Best rating A-VII (A minus seven). Same
shall be written on an ISO (Insurance Services Office) form or better.
n. Failure to maintain or comply with insurance requirements will result
in immediate suspension, and forfeiture of one rotation period. The
certificate or certificates and declaration pages shall provide that
the policies shall not be changed or cancelled until 30 days'
prior written notice has been given to the Township.
[Ord. No. 1769; Ord. No. 2016-1792 § 3; amended 8-11-2022 by Ord. No. 1980]
a. All charges shall be limited to the New Jersey State Police Rates published at the Garden State Towing Association website at http://gsta.org, except for any type of motorcycles or on-/off-road vehicles as set forth at subsection
4-2.10b.
b. Motorcycles and all other on-/off-road vehicles shall be charged
$225 plus the rate of one additional certified towing operator. Any
other objects not covered herein, which are towed by an official tower
at the request of the Township, shall be subject to fees as determined
by the Chief of Police or his designee.
c. There will be no charge for towing any Mahwah Township Vehicles.
1. In the event that that the Mahwah Police Department tows a vehicle
to Police Headquarters or a designated location for investigative
purposes, the fee for towing said vehicle will be deducted from the
monthly administrative fees sent to the Township. There shall be a
maximum of four vehicles towed per authorized tower per year under
this area.
(a)
In addition to the fees set forth herein, each vehicle towed
shall be subject to an administrative fee of $25. The administrative
fee is included in the charges set forth below and shall be remitted
to the Township of Mahwah within 30 days. Any resident of the Township
of Mahwah may request a refund of the administrative fee by application
available from the Township Clerk.
d. Fees for towing and storage of Light Duty vehicles damaged in an
accident or recovered after being stolen may not exceed the fees established
by the New Jersey Department of Insurance pursuant to N.J.S.A. 40:48-2.55.
Those towing and storage fees which are set forth in N.J.A.C. 11:3-38.1,
as amended and supplemented, are incorporated herein by reference.
Pursuant to law, the fee schedules shall be reviewed by the New Jersey
State Commissioner of Insurance on an annual basis and may be revised
if necessary. In the event that the schedules are revised by the New
Jersey State Commissioner of Insurance, the revised fees shall be
the maximum fees that may be charged by official towers, and this
section shall be deemed amended accordingly.
e. Calculation of Rates and Fees.
1. Tow vehicles transporting multiple passenger cars at one time shall
receive the applicable fees for each vehicle transported.
f. No storage of any disabled or damaged vehicle shall be located on
any public street or sidewalk in the Township.
g. The official tower will be responsible to perform necessary clean
up from an accident or removal scene where required. Said cleanup
will include sweeping the roadway and removing all glass, debris,
plastic, and/or other parts and shall include the drying and removal
of any oil, gas, or other materials, including those used for cleanup,
from the scene, on the roadway, or in the vicinity. The cost of labor
and materials (first bag of Speedy-Dri) as well as any necessary disposal
of roadway debris is included in the towing fee. There is no additional
charge for these services.
h. There shall be no charge for towing, storage, or impoundment if it
is determined by the Chief of Police that such vehicles have been
towed, stored, or impounded due to an error by the towing operator
or the Police. The determination shall be in the sole discretion of
the Police Chief and is binding upon the licensee, who shall make
no claims against the Township or owner of the vehicle.
i. If the owner of an unattended vehicle appears on the scene and the
vehicle does not need to be towed or impounded, the licensee shall
not charge for the service call unless the vehicle has been hooked
up to the tow truck in which event 50% of the authorized towing charge
may be assessed against the owner or driver of the vehicle.
j. Waiting time fees may be charged at the rate of 50% of the recovery
rate for waiting at scene for investigation or other reasons. The
first 60 minutes shall be at no charge with $25 per 15 minutes thereafter.
The time shall be determined from notification by the Police Desk.
k. Any vehicle subject to impound by the Mahwah Police no matter the
circumstances is subject to the impound fees.
l. All fees charged by an official tower shall be paid in cash or by
credit card. The official tower has the discretion to accept other
means of payment, but is required to accept cash or credit cards for
services provided.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
a. Copies of this section and the schedule of fees that may be charged
by official towers shall be made available to the public during normal
business hours at the Township Hall. Copies shall also be made available
to the public at each official tower's place of business.
b. All official towers shall post, in a prominent place at each storage
area clearly visible to the public, a schedule of fees that may be
charged for all services, provided that the same is pursuant to this
section.
c. The Township reserves the right to make periodic unannounced inspections
of the personnel, vehicles, equipment and storage areas of all official
towers.
d. The relationship between an official tower and the Township is one
of an independent contractor. Neither party shall be construed in
any manner whatsoever to be an employee of the other, nor shall any
employee or agent furnished by any party be construed to be an employee
or agent of the other party. Inclusion on the official towers list
shall not be construed or considered as a joint venture, partnership,
association, contract of employment or profit-sharing agreement.
e. The Township shall not be liable or responsible for compensating
the official towers for any of the services performed under this section
unless those services are performed for Township vehicles. Compensation
shall be the responsibility of the owner of the towed motor vehicle
and the official tower shall proceed directly against the owner.
f. The official tower shall, at all times, be solely responsible for
the conduct of its employees.
g. Each official tower shall keep and maintain adequate and complete
records showing all vehicles towed, stored and released, all services
rendered and all fees charged and collected. All records shall be
available for inspection by the Township at any time during normal
business hours. Records shall be kept and maintained by the official
tower at one central location and shall be retained for a period of
seven years. Records may be written, printed or computerized as long
as the requirements of this subsection are met.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
a. The Mahwah Police Department shall be the enforcement agency. The
enforcement agency shall have the authority to hear complaints against
any official tower whether brought by Township representatives, the
public and/or other official towers. Any and all complaints lodged
against a towing agent in the Township by another towing agent shall
be put in writing. The complaint will be forwarded to the Township
Clerk who will forward a copy to the Police Department. The Police
Chief or his designee will have 15 business days to respond in writing
to the complaint. A copy of the response shall be provided to the
Township Clerk.
b. The enforcement agency shall have the power to issue subpoenas to
compel attendance at the hearing.
c. In the event that a complaint (of a noncriminal nature) is received
by the Township, involving the improper or unsatisfactory performance
of services by an official tower, excessive charges or damage to a
motor vehicle while in the custody of the tower, the enforcement agency
shall give written notice of said complaint, by certified mail, return
receipt requested to the official tower against whom the complaint
is made. The official tower shall make a written response to such
complaint within five calendar days from receipt of the written notice.
Copies of the notice of complaint and written response shall be provided
to the Township Clerk.
d. The enforcement agency after hearing the matter shall have the authority
to (1) for the first violation, immediately suspend the official tower's
license until the next rotation; (2) suspend the official tower's
license for a period of 90 days for the second or third violation;
and (3) revoke the offending tower's license for more than three
violations. A copy of the determination by the enforcement agency
shall be provided to the Township Clerk. Any contestation of such
action by the enforcement agency shall be made by way of appeal to
the Council within 14 calendar days of the notice of said suspension
or revocation. The Council shall then conduct a hearing regarding
the appeal of the suspension or revocation at the next public Council
meeting or within 30 calendar days of the tower's notice of appeal.
Any suspension will be for the remainder of the tow week, and at a
minimum the following rotation.
e. If, after considering the matter and the findings by the enforcement
agency, the Council shall determine that there is good and sufficient
cause for suspension or revocation of the official tower's license,
the tower shall surrender said license to the Township Clerk within
one calendar day.
f. Failure to surrender the license upon suspension or revocation shall
constitute a violation of this section, subject to all legal action
available to the Township, including permanent removal from the official
towers list.
g. Nothing contained herein shall prevent or limit the right of any
person to commence or maintain an action for damages or any other
relief directly against an official tower in a court of competent
jurisdiction. Upon the second suspension within one towing term, said
towing agent shall be revoked for the remainder of the term.
[Ord. No. 1769; amended 8-11-2022 by Ord. No. 1980]
a. Any person, firm or corporation who shall violate any of the provisions of this section shall, in addition to the penalties established in subsection
4-2.12 herein, upon conviction, shall be subject to the provisions of the general penalty clause set forth in Section
1-5 of this Code. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
b. In addition to the fine provided above, a violation of any of the
provisions of this section shall be cause for revocation of the official
towers' license.
[Ord. No. 2017-1814]
The purpose of this section is to prevent fraud, crime, undue
public annoyance and unethical and dishonest solicitation and canvassing
practices within the Township of Mahwah. All application fees to be
charged for the issuance of permits are not to be considered as revenue,
but are charges for the purpose of covering the expenses of administering
this section.
[Ord. No. 2017-1814]
MERCHANDISE
Shall mean all goods, wares, food, drinks, fruits, vegetables,
magazines, subscription, periodicals, printed material, farm products,
and all type of articles of personal property, services and orders
for contracts for services, home improvements or alterations, and
anything that may be sold or distributed shall be considered "merchandise"
for the purposes of this section.
NONPROFIT ORGANIZATION
Shall mean (1) any nonprofit charitable, religious, fraternal,
social, civic or veteran organization, service club, or other organization
qualified under 501(c)(3) of the Internal Revenue Code, or any volunteer
fire or first aid company serving the Township of Mahwah; or (2) any
nonprofit organization (whether or not qualified under 501(c)(3) of
the Internal Revenue Code), located in the Township of Mahwah, the
primary purpose of which is to benefit the school age children of
the Township of Mahwah, including but not limited to, schools, school
clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts
and similar youth groups.
PEDDLER
Shall mean any person, whether a resident of the Township
of Mahwah or not, who goes from house to house or place to place by
any means of conveyance, carrying or transporting merchandise for
the purpose of selling and delivering the merchandise to customers.
The term peddler shall include the words hawker and huckster and shall
also include a person who from time to time offers merchandise for
sale from one or more fixed locations out of doors, when the merchandise
is displayed or stored in a motor vehicle located on the property,
whether the property is owned by that person or by others.
PERSON
Shall mean and include any natural person, firm, partnership,
corporation, organization, club or association or any principal or
agent there.
SOLICITOR
Shall mean an individual who goes from house to house or
from place to place by any means of conveyance, soliciting or attempting
to take orders for the sale of merchandise or services of any kind
for future performance or delivery, whether or not such individual
has, carries or exposes for sale a sample of the merchandise or services,
and whether or not he is collecting advance payments on such sales
or orders, or who engages in any of the foregoing activities from
a stationary location or any street or any public place. The word
solicitor shall also mean any individual who goes from house to house
or from place to place for the purpose of obtaining contributions
or subscriptions, or who does research analyses, makes surveys or
opinion polls, obtains rating date or similar information, distributes
advertisements or handbills of a commercial or partially commercial
nature or who engages in any similar work which involves a door to
door or place to place activity. The word solicitor shall also include
the word canvasser.
TRANSIENT MERCHANT
Shall mean any person who merchandises or sells with the
intent to close out or discontinue a business within a period of one
year from the date of commencement and occupies a room, building or
other permanently constructed premises for the purpose of selling
merchandise. The words transient merchant shall also include the words
itinerant vendor.
[Ord. No. 2017-1814]
It shall be unlawful for any peddler, solicitor or transient
merchant to sell, offer for sale or distribute merchandise, printed
material or services within the Township without first obtaining a
license from the Chief of Police by filing an application for license,
paying a license fee and obtaining said license.
[Ord. No. 2017-1814]
Upon obtaining a license as hereinafter provided, a peddler,
solicitor or transient merchant may conduct his activities within
the Township only as long as he adheres to the regulations set forth
in this section and carries the license upon his person or displays
the license in a conspicuous place at all times during the conduct
of this activities. The license shall identify the person and type
of activity for which he is licensed and shall be shown to any Township
Official, or Police Officer or any individual upon request.
[Ord. No. 2017-1814]
An application for license shall be made upon forms provided
by the Township, including a New Jersey State Bureau of Identification
Form authorizing release of any criminal history record information.
The applicant shall also be required to go online to the New Jersey
State Police website to request a fingerprint check. The cost of the
fingerprint check shall be borne by the applicant. The applicant may
submit, in lieu of a criminal history record form, a criminal history
based upon fingerprints required in the past three months preceding
to this application which shall be filed with the Mahwah Police Department
and shall contain or be accompanied by the following information:
a. For Solicitors and Peddlers:
1. Name, age, physical description and Social Security or Federal I.D.
Number of the applicant.
2. Complete permanent home and local address of applicant together with
telephone numbers.
3. Name and address of the organization or persons for whom canvassing
or soliciting is being made together with telephone numbers.
4. Description of the nature of business or activity and the goods,
services or wares to be sold.
5. Two recent photographs of the applicant which shall be approximately
2 1/2 by 2 1/2 inches in size and showing the head and shoulders
of the applicant in a clear and distinguishing manner.
6. The days and dates upon which canvassing or soliciting is to take
place.
7. A statement as to whether or not the applicant has been convicted
of a crime of the fourth degree or higher, a disorderly persons offense,
a petty disorderly persons offense, or a moving motor vehicle offense,
and if so, the details thereof.
8. The make, model, year, color and license plate number of such vehicle
used by the applicant during the period of canvassing or soliciting
within the Township and the number of applicant's drivers license
and the State in which it is issued.
9. The name and address of the insurance carrier and insurance policy
number with respect to such vehicle or vehicles.
10. A list of municipalities where the applicant has ever engaged in
the activities of canvassing, peddling or soliciting, whether or not
a permit was applied for or received in connection therewith.
11. A statement as to whether or not the applicant has been denied a
canvassing, peddling or soliciting permit and whether such permit
or licensee has ever been revoked.
12. If the applicant is not an individual, the State in which it is registered
or incorporated, and the name and address of the registered agent.
13. If the person applying is unable to provide any of the foregoing
information, an explanation shall be provided of the reasons why such
information is unavailable.
14. Applications of corporations, partnerships or other entities shall
have attached to their applications individual statements containing
all of the information required by this subsection as to each employee
or agent who shall engage in the licensed activity; said statements
shall be signed and sworn to by each employee or agent and shall be
treated, for investigation purposes, as separate applications to engage
in a licensed activity. Applications by partnerships, corporations
or other entities shall be signed by an authorized representative
of the corporation, partnership or entity.
15. All applicants shall submit the original or a certified copy of a
valid Certificate of Authority issued by the Director of the New Jersey
Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the
vendor to collect sales tax. Certificates shall not be required for
the sale of property exempted from sales and use taxation pursuant
to N.J.S.A. 54:32B-8.2. All vendors shall attach the original Certificate
to their cart, stand, truck or other merchandising device, as required
by N.J.S.A. 54:32B-15.
16. All applicants selling food items shall submit a copy of the Board
of Health license.
b. For Transient Merchants:
1. Name, age, physical description and Social Security or Federal I.D.
Number of the applicant.
2. Complete permanent home and local address of applicant together with
telephone numbers.
3. Description of the nature of the business or activity including the
average quantity, kind and value of the property to be sold.
4. Two recent photographs of the applicant which shall be approximately
2 1/2 by 2 1/2 inches in size and showing the head and shoulders
of the applicant in a clear and distinguishing manner.
5. The dates during which the business is to be conducted.
6. The name and addresses of the persons from whom the goods making
up the stock were or are to be purchased by the applicant.
7. A statement as to whether or not the applicant has been convicted
of a crime of the fourth degree or higher, a disorderly persons offense,
a petty disorderly persons offense, or a moving motor vehicle offense,
and if so, the details thereof.
8. A list of municipalities where the applicant has ever engaged in
transient merchandising, whether or not a permit was applied for or
received in connection therewith.
9. A statement as to whether the applicant has ever been denied or had
revoked a transient merchant's license or permit.
10. An instrument in accordance with N.J.S.A. 45:24-6 appointing the
Chief of Police as the applicant's true and lawful agent.
11. If the applicant is not an individual, the state in which it is registered
or incorporated, and the name and address of the registered agent.
12. If the person applying is unable to provide any of the foregoing
information, an explanation shall be provided of the reasons why such
information is unavailable.
13. Applications of corporations, partnerships or other entities shall
have attached thereto individual statements containing all of the
information required by this subsection as to each employee or agent
who shall engage in the licensed activity, and said statements shall
be signed by each employee or agent. Applications by partnerships,
corporations or other entities shall be signed by an authorized representative
of the corporation, partnership or entity.
14. All transient merchants are subject to the statutory requirements
set forth in N.J.S.A. 45:24-1 et seq., and shall be subject to the
penalties set forth therein in the event of a failure to comply with
any of said requirements.
15. All applicants shall submit the original or a certified copy of a
valid Certificate of Authority issued by the Director of the New Jersey
Division of Taxation, pursuant to N.J.S.A. 54:32B-15, empowering the
vendor to collect sales tax. Certificates shall not be required for
the sale of property exempted from sales and use taxation pursuant
to N.J.S.A. 54:32B-8.2. All vendors shall attach the original Certificate
to their cart, stand, truck or other merchandising device, as required
by N.J.S.A. 54:32B-15.
16. All applicants selling food items for immediate consumption shall
submit a copy of the Board of Health license.
[Ord. No. 2017-1814]
a. Following the filing of a complete application and payment of the license fee as set forth in subsection
4-3.11 to the Chief of Police, who shall conduct such investigation of the applicant, which may include fingerprinting and background checks of the business responsibility and character of the applicant or any employee or agent who shall engage in the licensed activity, for the protection of the public good.
b. If, as a result of such investigation, the character of business
responsibility of the applicant or any employee or agent who shall
engage in the licensed activity is found to be unsatisfactory, the
Chief of Police shall endorse on such application his disapproval
and the reasons therefor. The Chief may disapprove an application
if such a disapproval is based on one or more of the following findings
with respect to the applicant:
1. Conviction of a crime of the fourth degree or higher, a disorderly
persons offense, a petty disorderly persons offense, or a moving motor
vehicle offense.
2. Previous fraudulent acts or conduct.
3. Records of breaches of solicitation contracts.
4. Fraud, misrepresentation or false statements contained in the application
for license.
c. In the absence of such findings, the Chief of Police shall find the
applicant satisfactory and shall endorse his approval on the application.
d. The Township Council reserves the right to adopt such rules and regulations
governing the investigation by the Police Department in the issuance
of licenses pursuant to this section and the keeping of records thereof
as the Township Council may deem necessary for the proper enforcement
of this section.
[Ord. No. 2017-1814]
a. If the applicant or any employee or agent who shall engage in the
licensed activity is found unsatisfactory by the Chief of Police,
and he endorses his disapproval upon the application, he shall notify
the applicant by mail that the application is disapproved and shall
deny issuance of the license. Such notice shall be mailed within five
working days following the endorsement of disapproval by the Chief
of Police.
b. If the application is found to be satisfactory by the Chief of Police,
the Chief of Police shall issue a license addressed to the applicant
to conduct the business applied for. The license shall expire December
31st of the calendar year in which it is issued unless, by its terms,
it expires prior to that time, and shall be limited to the express
purpose set forth therein.
c. If a license is issued, the applicant shall receive an identification
tag from the Township Clerk. The identification tag shall be worn
by the applicant in a conspicuous location while the applicant is
engaged in a licensed activity.
[Ord. No. 2017-1814]
a. Licenses may be revoked by the Chief of Police, or his designee,
for any of the following causes:
1. Fraud, misrepresentation or false statements contained in the application
for license.
2. Fraud, misrepresentation of false statement made in the course of
carrying out activities pursuant to the license.
3. Violation of any provision of this section or violation of any Municipal
Ordinance.
4. Conviction of a crime of the fourth degree or higher, a disorderly
persons offense, a petty disorderly persons offense, or a moving motor
vehicle offense.
5. Conduct of the business of peddling or soliciting in an unlawful
manner or in such a manner as to constitute a breach of the peace
or constitute a menace or disturbance to the residents of the Township.
b. Notice of revocation shall be personally communicated to the licensee,
and thereafter it shall be unlawful for him or any of his employees
or agents to sell, offer for sale or distribute merchandise or services
in the Township.
[Ord. No. 2017-1814]
Any person aggrieved by the action of the Chief of Police in
the denial of an application for a license, or in the decision with
reference to revocation of a license, shall have the right to appeal
to the Township Council. Such appeal shall be taken by filing with
the Township Clerk, within 14 days after notice of the action complained
of, has been mailed to such person's last known address, a written
statement setting forth fully the grounds for a hearing on such appeal.
The Township Council shall set a time and place for hearing the appeal
and a notice of the hearing shall be given to the applicant. The decision
of the Township Council on the appeal shall be final and conclusive.
[Ord. No. 2017-1814]
It shall be unlawful for a person to:
a. Attempt to peddle or distribute merchandise or printed material,
or solicit funds or canvass for information, without first having
identified himself as a peddler, solicitor, transient merchant or
canvasser registered with the Township and display the license issued
therefor.
b. Have exclusive right to any location on public property.
c. Enter or attempt to enter the land of any resident in the Township
where such resident has posted a legible and reasonably prominent
notice prohibiting such entry.
d. Refuse to leave a private dwelling or property after having been
once requested to do so by the owner or occupant hereof.
e. Distribute obscene merchandise or printed material that advocates
unlawful conduct.
f. Litter the streets, public places or other property within the Township
by any merchandise or printed material.
g. Station, place, set up or maintain a cart, wagon, motor vehicle or
other vehicle, or allow it to remain on any sidewalk in a way that
would:
1. Restrict, obstruct, interfere with or impede the pedestrians right-of-way;
2. Restrict, obstruct, interfere with or impede the ingress or egress
from the abutting property;
3. Create or become a nuisance;
4. Increase traffic congestion, cause or increase traffic delay or hazard;
5. Cause or create or constitute a danger to life, health or property.
h. Solicit or offer to sell except between the hours of 10:00 a.m. and
sunset Sunday through Saturday. The foregoing limitation shall not
apply to mobile food vendors or ice cream trucks which shall be allowed
to conduct business seven days a week from 8:00 a.m. to 9:00 p.m.
j. Peddle using a cart of the dimensions of which exceeds two feet in
width, four feet in length and four feet in height including wheel
height, while conducting business on any sidewalk.
k. Use, set up, attach, place or permit the use of any table, crate,
carton, rack, device or structure of any kind to increase the selling
or display capacity of the peddler's cart.
l. Station, place, set up or maintain a peddler's cart or allow it to
remain on any sidewalk if to do so would reduce the unobstructed pedestrian
right-of-way.
m. Engage in the business of peddling within 10 feet of any location
where the curb has been depressed to facilitate pedestrian or vehicle
movement.
n. Engage in the business of peddling on any sidewalk or along any street
within 15 feet of any fire hydrant, crosswalk or driveway.
o. Station, place, set up or maintain a peddler's cart or goods against
display windows of fixed location businesses, nor shall they be within
20 feet from an entranceway to any building, store, theater, library,
school, museum, movie house, sports arena or other place of public
assembly.
p. Engage in the business of peddling on any sidewalk or along any street
within 10 feet from intersecting streets or sidewalks.
q. Engage in the business of peddling within 30 feet of any location
where another peddler is engaged in the business of peddling.
r. Engage in the business of selling at any location without giving
a written receipt to each customer for any sale in excess of $20.
The receipt shall show clearly the seller's name, business address,
license number, a description of the merchandise sold, and the purchase
price, and shall be sequentially numbered.
s. Engage in the business of peddling on any sidewalk or along any street
within 90 feet of a bus stop. For purpose of this section, the words
"bus stop" shall include the sidewalk and the adjoining street where
there is a designated bus stop.
t. Sell food, drinks, ice cream, confections or other items for immediate
consumption unless the peddler has available for public use his litter
receptacle which shall be clearly marked and maintained for his patronage
use, nor shall any peddler leave any location without first picking
up, removing and disposing of any trash or refuse remaining from the
sales made by him, nor shall any person sell food, drinks, ice cream,
confections or other food items for consumption without having first
received any permit or license required by the Board of Health for
food handling.
u. Leave any cart unattended at any time or place or leave the same
overnight on any sidewalk.
[Ord. No. 2017-1814]
a. Each application shall be accompanied by an application fee of $100
for each individual solicitor or peddler, to compensate the Township
of Mahwah for the cost of administering this section, and such fees
shall not be refunded for any reason.
b. No license issued under this section shall be used at any time by
any person other than the person to whom it was issued.
c. Where an organization has several agents peddling, soliciting, distributing
merchandise or printed material or services, or canvassing, each agent
shall pay the applicable application fee and shall be issued a separate
license.
[Ord. No. 2017-1814]
The following persons are expressly exempt from the payment
of any application fees:
a. Any solicitor for a nonprofit organization as defined in subsection
4-3.2 of this section.
b. Any person honorably discharged from the military service of the
United States, in conformity with N.J.S.A. 45:24-9 and 24-10.
c. Any person who is an exempt fireman, as defined by N.J.S.A. 45:24-9
and 45:24-10, possessing corresponding identification, in conformity
with said statute.
d. Any person holding a solicitation license or permit issued under
any legislation of the United States government or by a State agency
pursuant to statute.
[Ord. No. 2017-1814]
This section shall not affect any of the following persons or
activities;
a. Any person engaged in campaigning for any elected public office or
public question which is to be voted upon in the Township at a general,
special, primary, or school board election; nor shall this section
apply to the distribution of circulars or advertising with respect
thereto.
b. Any person engaged in the delivery, in the regular course of business,
of goods, wares, merchandise, or other articles of personal property
to the premises of persons ordering or otherwise entitled to receive
same.
c. Any nonprofit organization, as defined in subsection
4-3.2 of this section, engaged in the solicitation of funds for charitable purposes solely from its members.
d. Any person engaged in this solicitation of funds for a nonprofit
organization, when solicitation occurs on premises owned or controlled
by the person soliciting funds or with the permission of the person
who owns or controls the premises.
e. Federal census-taking and surveys taken pursuant to Federal, State
or local laws.
f. Any public utility, or its employees, which is subject to the regulation
of the State Board of Public Utility Commissioners; provided, however,
that such employees shall display the identification badge or card
issued by the employer.
g. Children enrolled in public and private elementary and secondary
schools in the Township of Mahwah, including children peddling or
soliciting for schools, school clubs and organizations, Cub Scouts,
Boy Scouts, Brownies, Girl Scouts and similar youth groups.
h. Any person engaged in the solicitation of funds for a Township of
Mahwah fire company, first aid squad or Police Department.
[Ord. No. 2017-1814]
All applications filed with the Chief of Police, whether or
not a permit has been issued, shall be a public record and shall be
available for public inspection during regular office hours.
[Ord. No. 2017-1814]
Any person who shall solicit or peddle, or operate as a transient merchant within the Township in violation of any provision of this section shall be subject to the penalties provided for in Chapter
1, Section
1-5 of the Revised General Ordinances of the Township of Mahwah.
[Ord. No. 2017-1814]
a. For the purpose of protecting residents from criminal activities
and safeguarding their privacy, there is hereby established a No-Knock
Registry of properties where canvassing and soliciting are prohibited.
The No-Knock Registry shall be maintained by the Township Clerk.
b. The Township Clerk shall prepare a list of addresses of those premises
whose owners or occupants have notified the Clerk that canvassing
or soliciting are not permitted on their premises. Notification shall
be by the completion of a form, available online and at the Township
Clerk's Office during normal business hours. The premises shall remain
on the Registry unless the owners or occupants notify the Township
Clerk, in writing, that they wish the property to be removed from
the Registry. The Township Clerk shall update the list monthly. The
inclusion of a premises on the Registry shall be deemed a revocation
of any privilege or license to enter or attempt to enter the property.
c. Owners or occupants who have requested to be listed on the Mahwah
No-Knock Registry pursuant to paragraph a herein, may procure from
the Clerk's Office a notice for display on the premises indicating
the enlistment on the Mahwah No-Knock Registry. The notice shall indicate
which solicitors may contact the residents and shall read substantially
as follows:
"These premises are listed on the Township of Mahwah's No-Knock
Registry (Mahwah Code Sec. 4.3-16). You may not enter or attempt to
enter these premises for the purpose of canvassing or soliciting,
which includes offering to purchase real estate on behalf of any person
or organization. Non-profit and political organizations are exempt
from this law. Violation of Mahwah Code § 4.3-16 may result
in a fine of up to $1,250 and/or up to 90 days community service."
This notice shall be prominently displayed on the owner's or
occupant's door or adjacent to the door.
d. The first notice shall be provided free of charge and may be picked
up in person during regular business hours. If a replacement notice
is required, the individual may pick up the replacement notice at
the Clerk's office for a fee of $5, which shall be payable to the
Township Clerk. A fee of an additional $1 per notice will be applied
for any individual who desires to have a notice mailed to him or her,
payable to the Township Clerk. Pursuant to N.J.S.A. 2C:18-3, "any
owner or occupant who has listed his or her premises on this registry
shall be deemed to have revoked any express or implied legal privilege
or license to enter or attempt to enter the premises".
e. The Township Clerk shall distribute the current Mahwah No-Knock Registry
to a licensed canvasser or solicitor at the time of issuance of a
license.
f. Although the most current list of registrants on the Mahwah No-Knock
Registry shall be provided by the Township Clerk, it is the responsibility
of the canvasser or solicitor to have the most up-to-date list prior
to engaging in any canvassing or soliciting.
g. Any person convicted of violating this subsection upon competent
evidence by an owner, occupant or other person with personal knowledge
of such violation shall be subject to the following:
1. First offense: A minimum fine of $100 with a maximum of up to $750;
2. Subsequent offense: A minimum fine of $100 with a maximum of up to
$1,250 for each offense, together with community service for a period
of up to 90 days; and
3. Any offense: In addition to the above, a permanent revocation of
any license issued under the within section.
h. The Township shall post a No-Knock Registry application on the Township
webpage and distribute to other media outlets as designated by the
Township. The Township shall provide copies of the application to
the public and undertake reasonable efforts in education and distribution
in order to further public awareness of the No-Knock Registry.
i. This subsection does not preclude an owner or occupant from filing
any other appropriate complaint with the Mahwah Police Department,
including a complaint for trespass.
[Ord. #1357, § I]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this section, have the meanings set forth below:
CLERK
Shall mean the Municipal Clerk of the Township of Mahwah.
FIRE OFFICIAL
Shall mean the head of the Fire Prevention Bureau of the
Township of Mahwah.
PERSON
Shall mean any individual, firm, partnership, association,
corporation, company or organization of any kind, including a charitable,
religious, membership, hospital or not-for-profit corporation.
SPECIAL EVENT
Shall mean any form of entertainment open to the public or
private event conducted indoors or outdoors, with or without an admission
fee and held on a one-time or occasional basis, which may include,
but not be limited to, for example, carnivals, circuses, fairs, bazaars
and outdoor shows, horse shows or exhibitions, concerts, road races
and parades. A special event shall not include any event having less
than 500 persons or an event conducted in a hotel which has obtained
municipal land use board approval for such uses.
TOWNSHIP
Shall mean the Township of Mahwah.
[Ord. #1357, § I]
a. No person shall use, allow, let or permit to be used property for
a special event unless a special event permit has been issued by the
Township Council of the Township of Mahwah.
b. Application for such permit shall be on the form provided by the
Clerk, addressed to the Township Council and filed with the office
of the Clerk at least 30 days prior to the date the special event
will begin, unless otherwise waived by the Township Council.
c. The application shall include the following information:
1. The name, age and address of the applicant; if the applicant is a
corporation, the name of the corporation and the names and addresses
of directors and officers of the corporation; if the applicant does
not reside in Bergen County, the name, address and phone number of
any agent, who shall be a natural person and shall reside or have
a place of business in the County of Bergen and who shall be authorized
to and shall agree by verified statement to accept notices or summonses
issued with respect to violations of any law, ordinances, rules or
regulations.
2. The name and address of the record owner of the subject property
or properties and the nature and interest of the applicant in the
property; proposed use of Town or other publicly owned property; proposed
dates and hours of the special event, including setup and shutdown
times; expected maximum number of persons intended to use the property
at one time and collectively, including organizers, employees, vendors,
exhibitors and spectators; the expected number of automobiles and
other vehicles intended to use the property at one time and collectively;
if there are animals the approximate number and types of animals,
the number and types of vehicles used to transport and/or house the
animals, the storage and provisions for disposal of all animal wastes,
the purpose of the event, including the nature of the activities to
be carried on and the admission fee to be charged, if any; and the
name of groups, organizations, charities or individuals who shall
benefit from the proceeds of the event.
3. A plan or drawing showing the size of the property; the zoning district
in which it is located; the streets or highways abutting said property;
the size and location of any existing building, buildings or structures
or of any proposed building, buildings or structures or signs to be
erected for the temporary event; the location of the stage or tents,
if any, proposed to be erected; the designated areas of use for spectators,
exhibitors, vendors, employees, and organizers; the location of all
exits; the type of fuel being used for cooking; the location of all
fire extinguishers and other fire safety equipment; and the location
of all temporary utilities to be installed for the event.
4. A plan or drawing showing the method to be used for the disposal
of sanitary waste and sewage, including toilet facilities.
5. A plan or drawing showing the method to be used for the supply, storage
and distribution of water.
6. A plan or drawing showing the layout of any parking area for automobiles
and other vehicles and the means of ingress and egress to such parking
area. Such parking area shall provide one parking space for every
four persons in attendance.
7. Provisions to dispose of any garbage, trash, rubbish or other refuse
including provision for licensed pesticide control.
8. The name, address and telephone number of the person who will be
engaged in the sale or distribution of food, beverages and alcohol,
along with copies of the menus and completed health department application,
any required sanitary permits issued by the Township Board of Health.
9. A plan for the use of live music, loud speakers, horns, or other
sounds which will be used, if any, and the type and location of speakers
and other audio equipment.
10. A plan for the use of lighting, if any, and the type and location
of such equipment.
11. The name and address of the security company, if any, which will
work on the premises, and a description of the duties to be performed.
12. A description for fire protection and a map specifying the location
of fire lanes and water supply for fire control.
13. A description of the facilities and the number of medical technicians
on site to be available for emergency for any person who might require
immediate medical or nursing attention.
14. A description of camping or housing facilities to be available, if
any, and a plan showing the intended number and location of them.
15. A plan for emergency procedures.
16. A description of any type of hot air balloon, blimp, flammable gases
or hazardous materials.
17. For any event which will have live animals, (circus, carnival, etc.)
proof of current immunization status of animals is required as well
as a contact phone number where the owner of the animals can be reached
for a minimum of 30 days after the event.
18. The application shall be signed by the applicant and the property
owner.
[Ord. #1357, § I]
a. Prior to the issuance of a permit, the permittee shall furnish the
Township with written authorization to permit the Township or its
lawful agents to enter the subject property for the purpose of inspecting
the same, and for the protection of health, safety and welfare of
citizens of the Township of Mahwah.
b. Prior to the issuance of a permit, the applicant shall furnish the
Township with a comprehensive liability insurance policy, issued by
a company duly licensed by the State of New Jersey, insuring the applicant
against liability for damage to persons or property, with limits as
established by the Township's Risk Management consultant, which policy
shall name the Township as an additional insured and shall be noncancellable
without prior written notice to the Township.
c. Where the expected maximum number of persons shall exceed 1,000 persons
at any time during a special event, or where the duration of the special
event will impact the health, safety and welfare, as a condition of
the granting of the permit, the Township Council may require the permittee
to reimburse the Township for costs of police, fire and ambulance
protection and public works department personnel as may be deemed
necessary by the Township Council to adequately and safely control
and protect the persons attending the event, the event area and traffic
in and around the area of the event. Costs for such police, fire and
ambulance protection and public works department personnel shall include
those over and above routine staffing including overtime and the hiring
of special police officers. The amount shall be provided to the applicant
and the Township Council by written report from the Chief of Police
and Director of the Department of Public Works provided prior to the
issuance of the permit.
d. The Township Council may require applicant to provide a letter of
credit, bond or other suitable security instrument to secure compliance
with conditions in the permit and to insure adequate clean up of the
property after the event. The Township Council shall set the amount
by resolution, and no permit shall be issued until the security has
been provided to the Clerk. If the applicant fails to honor the permit
conditions or does not clear the property of debris, the Township
may, upon written notice, use such portion of the security as is required
to remedy the situation.
e. The Township may issue a permit upon such other reasonable conditions
necessary to ensure compliance with this law and for the general protection
of the health, safety and welfare of the persons and property in the
Township.
[Ord. #1357, § I]
a. All applications for a permit shall be reviewed by the Township Council,
the Chief of Police and the Fire Official. The Chief of Police, the
Fire Official, Health Department, D.P.W., Construction Official, Ambulance
Squad and Office of Emergency Management shall submit a written report
to the Township Council and such additional reports as may be requested
by the Township Council. The Fire Official shall obtain such further
reports from local public safety organizations, including ambulance
and fire departments, as he deems appropriate. The Chief of Police
shall also provide a written estimate of additional police services
that shall be necessary to adequately protect the public during the
event. The Township Council may also request an advisory report from
any advisory board whose expertise and evaluation may be appropriate.
b. The Township Council may, in its discretion, require a public hearing
on any application. In making a determination on whether to do so,
the Township Council shall consider the size and type of event, duration
and potential impacts on the environment, including the surrounding
community and the Township as a whole, including but not limited to
noise, traffic, aesthetics and character of the area. If the Township
Council determines that it should hold a public hearing, the Township
Council shall fix a time and place for a public hearing and shall
provide for the giving of notice at least 10 days prior to the date
of the hearing.
c. In determining whether to approve or deny an application, the Township
Council shall consider the information provided at the public hearing
and such other information as may be available, including but not
limited to:
1. Impact of the event on the safe and orderly movement of traffic within
and contiguous to the event.
2. Need for the Township to police such event, and whether the numbers
of police officers assigned to properly police such event will prevent
the Township from providing adequate police protection to the remainder
of the Township.
3. Impact of the event on fire and police protection and ambulance service
to the areas contiguous to the event and to the Township in general.
4. Impact of the event on the movement of fire-fighting equipment or
ambulance service to the Township or to areas contiguous to the event.
5. Impact of the event on the general health, safety and welfare of
the Township.
6. Verification that there are no outstanding violations on the property
at which the event will be held or any outstanding or unsatisfied
conditions of a Township agency approval, including but not limited
to the Planning Board or the Zoning Board of Adjustment.
7. Verification that the information contained in the application is
not found to be false or nonexistent in any material detail.
8. Verification that the grant of the permit would not violate any existing
covenants on the property.
d. If permission to hold a special event is granted, the permit shall
set forth the maximum number of persons permitted to attend the event.
The Township Council, in determining the maximum limit, shall take
into consideration the capacity of the site, the facilities to be
available and the availability of public highway and other means of
transportation to and from the site. The applicant shall limit all
ticket sales or invitations to such maximum number and shall include
such limitations in all advertising.
e. A special event permit is not transferable and shall expire at the
close of the event for which it is issued.
[Ord. #1357, § I]
a. The fee to be paid for a license required under the terms of this
section shall be $100 per day and shall be paid with the application
for a license.
b. In addition, the applicant shall also pay the costs reported under
subsection 4-3.3c, above.
[Ord. #1357, § I]
a. If, after a permit is issued, the Township Council determines that any of the representations and/or statements contained in the application or any of the conditions of the permit have not been complied with, the Township Council may serve the permittee's agent, for service of process as appointed pursuant to subsection
4-4.2 hereof, a five-day notice of public hearing specifying the manner in which the permittee has not complied with the terms of its permit, and, at which hearing, the Township Council may for good cause modify or rescind such permit, absolutely or upon conditions.
b. If the Police Chief or Fire Official determines that there is an
immediate threat to public safety as a result of weather conditions,
overcrowding, code violations, traffic or other reasons the Police
Chief or Fire Official may revoke the permits.
[Ord. #1357, § I]
The provisions of this section are not exclusive, and applicants
remain subject to all other applicable permits as may be required,
including but not limited to approvals for tents and fireworks and
any further permits as may be required for animal shows, carnivals,
circuses and similar events.
[Ord. #1357, § I; Ord. #1602]
a. The following events shall be exempt from complying with the requirements
of this section.
1. Funeral and wedding processions;
2. Any agency of the Township of Mahwah or Mahwah Board of Education
acting within the scope of its function so long as an informational
application is filed in advance with the Clerk.
b. Any person conducting or operating a special event shall be subject
to the requirements of this section even though the special event
is conducted on State, County, Municipal or Board of Education property
unless the special event program is within the scope of the governmental
entities' governmental purposes.
[Ord. #1357, § I]
Any person violating any of the provisions of this section shall, upon conviction thereof, be punishable by the penalty as stated in Chapter
1, Section
1-5.
[Ord. No. 1764]
This section is for the purpose of regulating all games of chance
held, operated or conducted within the Township, pursuant to the Acts
of the Legislature of the State of New Jersey, known as the "Bingo
Licensing Law", N.J.S.A. 5:8-24, the "Raffles Licensing Law", N.J.S.A.
5:8-50, and in accordance with the rules and regulations issued or
to be promulgated by the Legalized Games of Chance Control Commission
in the Department of State of the State of New Jersey. All applications,
licenses and proceedings in connection therewith shall be subject
to the provisions of the Acts and the rules and regulations and any
laws, rules and regulations thereafter enacted and shall be further
subject to the provisions of this section.
[Ord. #707; 1976 Code § 116-1; Ord. No. 1764]
No person shall own or operate within the Township "games of
chance" as defined in the statutes dealing with legalized games of
chance (R.S. 5:8-1 through R.S. 5:8-77) without obtaining a license
therefor issued by the Township Council. The license shall be issued
pursuant to and subject to the provisions of the "Bingo Licensing
Law" and "Raffles Licensing Law" and rules and regulations issued
thereunder.
[Ord. No. 1764]
Subject to the terms, conditions and restrictions of this section,
the Raffles Licensing Law (N.J.S.A. 5:8-50), the Bingo Licensing Law
(N.J.S.A. 5:8-24), the Legalized Games of Chance Control Law (N.J.S.A.
5:8-1 et seq.) and the rules and regulations adopted and promulgated
or to be adopted and promulgated hereafter by the Legalized Games
of Chance Control Commission of the State of New Jersey, licenses
shall be issued to bona fide organizations or associations as determined
by these laws.
[Ord. #707; 1976 Code § 116-2; Ord. No. 1764]
Each applicant for a license under this section shall file with
the Township Clerk a written application as prescribed by the statute
and in accordance with the rules and regulations promulgated by the
Legalized Games of Chance Control Commission.
[Ord. No. 1764]
The Township Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application in accordance
with the applicable licensing laws. The Township Clerk is designated
as the person having authority to approve the issuance of raffle and
bingo licenses. All other licenses to be issued under this section
shall be approved by the Township Council.
[Ord. No. 1764]
No license shall be:
a. Issued for a period of more than one year.
b. Issued for holding, operating or conducting any game of chance which
may be licensed under other licensing laws.
[Ord. No. 1764]
Each license shall be in the form prescribed by the State Control
Commission.
[Ord. No. 1764]
The Township Clerk issuing any license pursuant to this section
and applicable licensing laws shall have and exercise control and
supervision over all licensed games of chance.
[Ord. #707; 1976 Code § 116-3; Ord. #1555; Ord. No. 1764]
The fees payable by law are as follows:
a. Bingo: $30 for each occasion on which any game or games of bingo
are to be conducted under the license. $10 of the fee for each occasion
shall be remitted to the Township and the remaining $20 of the fee
for each occasion shall be remitted to the Legalized Games of Chance
Control Commission.
b. On-Premises Draw Raffle for Cash (50/50) or Merchandise Exceeding
$400 Total Prize Value: $20 for each day on which a drawing is to
be conducted under the license made payable to the Legalized Games
of Chance Control Commission and an additional $10 to the Township
of Mahwah at the time of filing the reports, a copy of which shall
be provided to the Township.
c. On-Premises Draw Raffle for Cash Prizes (50/50) that Do Not Exceed
$400 or Merchandise Prizes Where the Total Combined Retail Value of
Prizes Awarded Does Not Exceed $400: No licensing fee. In the event
the retail value of the prize(s) offered or awarded exceeds $400 in
a raffle in which it was anticipated that the retail value would not
exceed $400, the licensee shall submit a check or money order made
payable to the Legalized Games of Chance Control Commission in the
amount of $20 at the time of filing the report of operations required
by N.J.A.C. 13:47-9 and an additional licensing fee of $10 to the
Township of Mahwah, together with a copy of the Report of Raffle Operations.
d. Off-Premises Draw Raffle Awarding Merchandise as a Prize: $20 for
each $1,000 or part thereof of the retail value of the prize(s) to
be awarded to the Legalized Games of Chance Control Commission and
$10 to the Township for each $1,000 or part thereof of the retail
value of the prize(s) to be awarded.
e. Carnival Games or Wheels: $20 to the Legalized Games of Chance Control
Commission for each game or wheel held on any one day, or any series
of consecutive days not exceeding six at one location and $10 to the
Township for each game or wheel held on any one day, or any series
of consecutive days not exceeding six at one location.
f. Off-Premises Cash 50/50 Raffle: $20 shall be paid to the Legalized
Games of Chance Control Commission at the time the application is
filed. In the event the awarded prize exceeds $1,000, then an additional
fee of $20 for each $1,000 or part thereof in value of the awarded
prize in excess of $1,000 shall be forwarded to the Legalized Games
of Chance Control Commission together with the Report of Operations
as required by N.J.A.C. 13:47-9 a copy of said Report of Raffle Operations
shall also be provided to the licensing municipality and an additional
$10 for each $1,000 or part thereof in value of the awarded prize
in excess of $1,000 must be paid to the Township.
g. Special Door Prize Raffle: No fee is payable and no license is required,
provided the merchandise is wholly donated, has a total retail value
of less than $50. NOTE: Cannot be conducted when other games of chance
are being conducted, held or operated.
h. Calendar Raffle Awarding Cash or Merchandise as a Prize: $20 to the
Legalized Games of Chance Control Commission and an additional $10
to the Township for each $1,000 or part thereof of the retail value
of the prize(s) to be awarded.
i. Instant Raffle Games Awarding Cash or Merchandise as a Prize:
1. $20 to the Legalized Games of Chance Control Commission and $10 to
the Township for each day on which instant raffle tickets are sold
or offered for sale; or
2. $750 to the Legalized Games of Chance Control Commission and $250
to the Township for a one-year license to sell, or to offer for sale,
instant raffle tickets during that year.
j. Golf Hole-in-One Contest: $20 to the Legalized Games of Chance Control
Commission and $10 to the Township for each $1,000 or part thereof
of the retail value of the ancillary prizes offered.
k. Armchair Race: $50 to the Legalized Games of Chance Control Commission
and $10 to the Township per licensed day of operation.
l. Casino Night: $100 to the Legalized Games of Chance Control Commission
and $10 to the Township for each day of operation.
m. Pursuant to N.J.A.C. 13:47-4.9 and 4.10 the licensee fees set forth
shall not apply to any senior citizen association or club registered
with the Control Commission, which will hold, operate or conduct the
games solely for the bona fide active members of the licensed association
or club. No fee shall be charged to any senior citizen association
or club for processing an application or issuing a license to hold,
operate or conduct any legalized game of chance solely for its bona
fide active members.
[Ord. #707; 1976 Code § 116-4; Ord. No. 1764]
The aforesaid games of chance may be conducted from 12:00 noon
until 12:00 midnight on the same day, including the first day of the
week known as Sunday.
[Ord. No. 1764]
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant
to any license issued by the Township.
[Ord. No. 1764]
All licenses issued under this section shall be subject to applicable
conditions, restrictions, regulations and rules of the Raffles Licensing
Law, Bingo Licensing Law, Legalized Games of Chance Control Law and
the State Control Commission.
[Ord. No. 1764]
The Township Clerk shall:
a. File with the Legalized Games of Chance Control Commission a certified
copy of this section within 60 days after its adoption.
b. On or before the first day of February in each year or at any other
time or times which the Commission may determine, report to the Commission
the number of licenses issued by the Township; the names and addresses
of all persons prosecuted for such violations; and the result of each
such prosecution, including the penalties imposed therein, during
the preceding calendar year or the period the report is required.
[Ord. No. 1764]
No person, organization, club, company or squad shall conduct,
operate, run, participate in or attend at any unlicensed raffle or
bingo games in the Township.
[N.J.S.A. 5:8-1, et seq.]
No person, organization, club, company or squad shall violate
any of the terms or provisions of:
a. The Raffles Licensing Law (N.J.S.A. 5:8-50).
b. The Bingo Licensing Law (N.J.S.A. 5:8-24).
c. The Legalized Games of Chance Control Law
d. The provisions of this section.
[Ord. No. 1764]
[Ord. #707; 1976 Code § 116-5; Ord. No. 1764]
a. In the event any licensee violates any provision of this section
or of the aforementioned State statutes or the rules and regulations
promulgated by the Legalized Games of Chance Control Commission or
the terms of the license, the licensee shall be deemed a disorderly
person. Upon conviction, he shall, in addition to suffering any other
penalties which may be imposed, forfeit any license issued to him
under this section.
b. Any person, organization, club, company or squad convicted of a violation
of any of the provisions of this section shall be subject to the following
penalties:
1. Suspension and revocation of the license issued by the Township pursuant
to this section in accordance with N.J.S.A. 5:8-30; and
2. Any additional penalties, including civil monetary penalties, that
may be imposed by the Legalized Games of Chance Control Commission
pursuant to N.J.S.A. 5:8-30 a through e and N.J.S.A. 5:8-30.2.
[Ord. #707; 1976 Code § 116-6; Ord. No. 1764]
Where no other specific penalty is prescribed, any person who violates any provision of this section shall, upon conviction thereof, be subject to the penalty as stated in Chapter
1, Section
1-5.
[Ord. No. 1764]
A conviction for violating this section hereunder shall be grounds,
in the discretion of the Township Clerk, to suspend or revoke a license
issued under this section.
[Ord. #685; 1976 Code § 112-1; Ord. #1219]
As used in this section:
a. Mechanical amusement game shall mean any machine which may be operated
by the public for entertainment or amusement whether the machine is
coin operated or not, and whether or not it registers, scores or tallies.
Mechanical amusement games include but are not limited to pinball
machines, electronic games, bowling machines, skee-ball machines,
pokerino machines, commercial pool tables, and similar devices. This
enumeration is intended to be typical and shall not be construed as
exclusive.
b. Person shall mean any person, firm or corporation or partnership.
c. Operator shall mean any person in whose place of business any mechanical
amusement game is placed or kept for operation by the public.
d. Distributor shall mean any person who supplies any mechanical amusement
game to another for use in his place of business, whether under lease
or any similar arrangement.
[Ord. #685; Ord. #748; Ord. #786; 1976 Code § 112-2]
a. License Requirement. No person shall maintain, operate or possess
in any store, building or other place where the public may enter,
or in any building or other place wherein any club or organization
meetings are held, within the Township any mechanical amusement game
without first obtaining a license therefor.
b. Exceptions to License Requirement. Any persons who own or lease mechanical
amusement games covered by this section and who are non-profit, charitable
or religious organizations or such other organizations are exempted
from the fee and payment requirements of obtaining a license or licenses
upon the said amusement games, but such organizations shall remain
subject to all other provisions of this section.
c. Purpose. The purpose of this section is to license and/or permit
the operation of mechanical amusement games in commercial establishments
as accessory to the principal permitted use; for the purpose of making
a profit and for their regulation and control thereof.
d. Limitation. The operation or distribution of mechanical amusement games which require any payment of monies as a condition of operation are expressly prohibited from all areas of the Township designated within the C-80, R-40, R-20, R-10, R-5, R-11, zones as delineated in Chapter
24 of this Code, as amended.
[Ord. #685; Ord. #786; 1976 Code § 112-3]
a. All applications for a license under this section shall be made and
delivered to the Township Clerk in duplicate on forms to be supplied
for the purpose and shall be subscribed and sworn to by the applicant.
b. The application for license shall contain the following:
1. Name and address of the applicant.
2. Name under which the place of business is being operated and the
location of the same.
3. Number and type of alcoholic beverages licenses, where applicable.
4. Number and type of machines sought to be licensed.
5. Location where each mechanical amusement game is to be located if
different from paragraph b2.
6. Name and address of the person from whom each such device is to be
purchased, rented or otherwise obtained.
7. Description of each mechanical amusement game sought to be licensed
including for each device, the name of the manufacturer, model number
and serial number.
8. Terms of agreement governing the acquisition and installation of
the mechanical amusement game.
9. Information indicating whether the distributor, the applicant or
any person connected with the operation of the place of business wherein
the game or device is to be installed has ever been convicted of any
crime or found guilty of the violation of any ordinance pertaining
to gambling or gaming.
10. The applicant shall submit as a sketch at a scale of one inch equals
10 feet showing the physical location of proposed amusement machines
and its relationship to other activities within the place of business.
11. Any other information which the Township Council may deem necessary
and proper for the full protection of the interests of the public.
c. The Township Council may request of any applicant additional information
supplementing the information given in the application.
[Ord. #685; 1976 Code § 112-4; Ord. #1088]
a. The application fee for all applications for licenses pursuant to
this section shall be $50 in addition to all licensing or transfer
fees.
b. The fee for a license to operate a mechanical amusement game shall
be $150 per machine.
c. This section shall not apply to juke boxes or similar music playing
devices.
[Ord. #685; 1976 Code § 112-5]
a. All licenses issued under this section shall be for a term of one
year, commencing on January 1, and expiring on December 31.
b. A license may be transferred from one machine to another by giving
notice to the Township Clerk to that effect and giving a description
of the new machine including manufacturer, model number and serial
number. A license may be transferred from one place to another by
giving notice to the Township Clerk to that effect and supplying the
required information as to the new premises. There shall be a fee
for all transfers from one place to another in the amount of $25 per
place of transfer.
[Ord. #685; 1976 Code § 112-6]
No person shall, in his place of business, permit gambling in
connection with the playing of any mechanical amusement game.
[Ord. #685; Ord. #786; 1976 Code § 112-7]
The Chief of Police may make an investigation of the premises
and the applicant to determine the truth of the facts set forth in
the application. The Fire Subcode Official may inspect the premises
to determine whether the premises complied with existing fire regulations
of the Township. The Chief of Police and the Fire Subcode Official
may upon completion of their inspection, attach to the application
their reports in writing. Upon receipt of the application and inspection
reports, if any, the Township Council shall proceed to consider the
same and shall either approve or disapprove the issuance of the license
to the applicant. If the application is approved, the Township Council
shall authorize the Township Clerk to issue the necessary license
upon the receipt of the license fee or fees as herein provided.
[Ord. #685; Ord. #786; Ord. #866; 1976 Code § 112-8;
Ord. #916; Ord. #1125, §§ 1,2]
a. Revocation of License. Any time after the granting of the license,
the Township Council may, in the exercise of its discretion, revoke
the same.
b. Posting and Display. An operator's license granted pursuant to this
section shall:
1. Be posted in a conspicuous place at the location for which the license
was granted.
2. State the name and address of the licensee.
3. State the manufacturer, model number and serial number for each and
every mechanical amusement game for which the license was issued.
c. Exception to License Requirement. Any persons who own or lease mechanical
amusement games covered by this section and who are nonprofit, charitable
or religious organizations or such other organizations are exempted
from the requirements of obtaining a license or licenses upon the
mechanical amusement games.
d. Number of Machines.
1. The maximum number of mechanical amusement devices for any establishment
shall be established by the Township Council on an individual basis
based upon the applicant's ability to comply with all other existing
provisions of this Chapter.
2. Each mechanical game of amusement shall have set aside a minimum
of 75 square feet of clear floor area to accommodate each machine.
e. Location Within Building or Place of Business. Mechanical amusement
machines shall not be located so as to obstruct aisleways, entrance
ways or exits. No machine shall be located within 15 feet of any existing
doorway.
f. Geographic Location. No games subject to this section may be operated
within a structure located within 250 feet of any house of worship
or school buildings or structures.
g. Expiration and Renewal of License. All licenses issued pursuant to
the provisions of this section shall expire at midnight on December
31, next succeeding the date of the issuance thereof, and all persons
desiring to continue in such business after the expiration of any
license granted hereunder shall make application before November 1,
for a new license for the ensuing year and shall pay the license fees
in like manner and amount as for the review and issuance of the original
license.
[Ord. #685; 1976 Code § 112-9]
Every person violating any provision of this section or who
fails to comply therewith, shall severally for each and every violation
and noncompliance pay a penalty not to exceed the sum of $500 or be
imprisoned in the Bergen County Jail for a period of not more than
30 days, or both. Each day a violation exists under this section shall
constitute a separate offense under this section. The application
of the above penalty shall not be held to prevent any proceeding for
suspension or revocation of licenses.
[Ord. #36; 1976 Code § 79-1]
No person shall keep a billiard table, pool table, bowling alley
or shuffleboard for public use or hire within the Township without
first obtaining a license.
[Ord. #36; 1976 Code § 79-2]
Application for such license shall state the location of the
building and room where such billiard table, pool table, bowling alley
or shuffleboard is to be used; the name of the applicant; the number
of tables, bowling alleys or shuffleboards; and the name of the owner
of the building.
[Ord. #36; 1976 Code § 79-3]
a. All licenses granted under the provisions of this section shall be
issued by the Township Clerk at the direction of the Township Council.
b. The Township Council shall have the power to revoke or suspend such
licenses in its discretion in case gambling or disorderly conduct
is permitted or any provision of this section is violated. Licenses
not revoked or suspended may be renewed, subject to the same conditions
and charges as the original license. All licenses shall expire on
the 31st day of December next ensuing the date of issuing the same.
[Ord. #36; 1976 Code § 79-4]
The annual license fee for keeping a billiard parlor, pool parlor,
bowling alley or shuffleboard shall be $5 for each table or shuffleboard
and $10 for each bowling alley.
[Ord. #36; Ord. #107; 1976 Code § 79-6]
a. No play shall be permitted in any establishment licensed under the
provisions of this section between the hours of 2:00 a.m. and 8:00
a.m. on weekdays.
b. No play shall be permitted in any establishment licensed under the
provisions of this section between the hours of 3:00 a.m. and 12:00
noon on Sundays.
c. The hours above referred to shall be Eastern standard time except
when daylight saving time shall be in effect, which shall then be
the prevailing time.
[Ord. #36; 1976 Code § 79-7]
Any person or persons violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalty as stated in Chapter
1, Section
1-5.
[Ord. #1046]
A new section is hereby established providing procedures for
issuance or renewal of licenses or permits as follows:
a. Any applicant who requests the issuance, re-issuance or renewal of
any license or permit issued by, or requiring the approval of, the
Township Council, or of any agency or department of the Township which
issues permits, shall be required to pay any delinquent property taxes
or assessment, if he is the owner of the property where the business
or activity is located.
b. Any license or permit issued by the Township Council, or any permit
issued by an agency or department of the Township, may be revoked
or suspended by the Township Council when any licensee, who is an
owner of the property upon which the licensed business or activity
is conducted, has failed to pay the taxes due on the property for
at least three consecutive quarters.
c. If any licensee or permittee is the owner of the real property where
the business or activity, license or permit regulates, has failed
to pay real property taxes for three consecutive quarters, then the
Township Council may revoke or suspend the license or permit until
such time as the taxes are paid.
[Ord. #1046]
a. The Tax Collector shall advise the Council in writing 30 days after
any property owner, who is also a licensee or permittee, has failed
to pay real property taxes for three consecutive quarters and serve
notice upon the owner of the deficiency, by regular mail, with a request
for payment and a copy of the ordinance.
b. In the event that the owner does not pay the delinquent taxes entirely,
plus interest and penalties allowed by law, then the Council may,
at a regular public meeting of that body, schedule a hearing to revoke
or suspend the license or permit. The Council shall provide at least
10 days' written notice, to the owner, of the public hearing, including
the time and place, with a copy of this section. All hearings shall
be conducted in public and the owner provided an opportunity to present
their defense. The decision of the Council shall be by written resolution
and a copy served upon the owner.
c. Upon payment of the delinquent taxes or assessment, the license or
permit shall be restored.
d. The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to Chapter
6 of the Revised General Ordinances of the Township of Mahwah or licenses or permits for individual animals as provided for in Chapter
5, Sections
5-2.1 through
5-2.6 of the Revised General Ordinances.
[Ord. #1046]
All ordinances or parts of ordinances which are inconsistent
with the provisions of this section are hereby repealed to the extent
of such inconsistency.
[Ord. #1046]
This section shall take effect 20 days after final passage and publication as prescribed by law.
[Ord. #522; 1976 Code § 71-1; Ord. #934, § I]
The purpose of this section is to provide standards, fees, regulations
and penalties for various types of intrusion, burglar, fire and other
emergency alarm devices, whether by direct line, radio, telephone
or other means, actuating a device at the Police Headquarters of the
Township or by indirect or transfer of notice of alarm to the Police
Department or Fire Department of the Township and requiring response
thereto by the Police Department, Fire Department and or other municipal
agencies.
[Ord. #522; 1976 Code § 71-2; Ord. #934, § II]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon directly or indirectly the Police Department, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall in no way prohibit alarm companies from providing service by private source to other offices within the Township so long as such activity is not reported directly or indirectly to Mahwah Township police headquarters, except, however, that any person, firm or corporation having a premises protected by an alarm device shall still be responsible for the registration thereof in accordance with subsection
4-9.6, paragraph a without fee.
[Ord. #522; 1976 Code § 71-3; Ord. #934, § III;
New]
As used in this section:
ALARM CONSOLE
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.
ALARM DEVICE
Shall mean any type of alarm system actuating equipment in
the alarm console providing warning of intrusion, flood or other peril,
except fire or smoke.
ALARM INSTALLATION
Shall mean any alarm device or combination of devices installed
for one or more buildings at a location other than that of the alarm
console.
DIAL ALARM
Shall mean that type of device using telephone lines transmitting
an alarm directly through the police switchboard.
FALSE ALARM
Shall mean any alarm actuated by inadvertence, negligence
or unintentional act of someone other than an intruder, and includes
as well alarms caused by malfunctioning of the alarm device or other
relevant equipment but does not include alarms created by malfunctioning
of the alarm console.
FALSE FIRE ALARM
Shall mean any fire alarm received by the Township Police
Department or Fire Department via any method directly or indirectly
indicating a need for the Fire Department or a Fire Officer to respond
to or investigate the alarm which fire alarm is actuated by inadvertence,
negligence or unintentional act of someone other than an intruder,
and includes as well alarms caused by malfunctioning of the alarm
device or other relevant equipment but does not include alarms created
by malfunctioning of the alarm console. Failure to give advance notice
to the Fire Department of alternations or repair to fire alarm system
shall be considered a false alarm.
FIRE ALARM DEVICE
Shall mean any type of alarm system actuating notice to the
Township Police Department or Fire Department providing warning of
fire or smoke.
LICENSEE
Shall mean the person obtaining the license to maintain the
alarm console as hereinafter set forth.
LOCAL ALARM
Shall mean any alarm or device which when actuated produces
a signal not connected to the alarm console, such as store burglar
alarms actuating bell devices or any type of audio noise.
PERMITTEE
Shall mean any person owning an alarm device or a local alarm
within the scope of this section.
[Ord. #522; Ord. #658; 1976 Code § 71-4]
a. There is hereby established a police alarm console license which shall be granted upon recommendation of the Chief of Police as set forth in subsection
4-9.5. Any such licensee shall have exclusive use and control of the alarm console except for use by the Police Department of the Township, and such licensee will be responsible at no cost to the Township for the establishment, construction and installation of the console containing equipment and being of a design approved by the Police Chief and for the care, maintenance and management thereafter of the console; the licensee shall locate the console and relocate the console if necessary under the supervision of the Chief of Police at no cost to the Township. For any such license granted hereunder the licensee will assume all liability and agree to indemnify and save harmless the Township, its agents and the Police Department for any acts in conjunction with the operation of the police alarm console, and in conjunction therewith he shall furnish annually to the Township Clerk a non-cancelable insurance certificate indicating liability coverage in an amount no less than $500,000.
b. Any connection to the police alarm console shall be of a type inspected
and approved by the Chief of Police of the Township or his designated
representative, and any person aggrieved by the decision may appeal
the decision in writing within 10 days to the Township Council.
c. All alarms existing as of the date of the adoption of this section
(except dial alarms) shall be connected hereunder to the alarm console
by the licensee, and no connection cost for such transfer shall be
permitted.
d. The licensee for the police alarm console shall be permitted to charge
subscribers a maximum installation fee of $60 and a maximum monthly
retainer or maintenance fee of $7. Any increase in this fee, due to
the cost of living must be approved by the Township Council by resolution
after requested by the Chief of Police. No fee shall be charged to
the Township or the Board of Education for monthly charges for any
existing or future systems in public buildings.
e. The licensee shall install initially an annunciator or display console
having no less than 1,000 zones available for present systems and
future connections which console shall be approved by the Underwriters
Laboratories. The licensee should be U.L. listed.
f. Except as provided in subsection
4-9.7, any license issued hereunder shall be for a term of five years from the date of approval by the Mayor and Township Council of the Township; such licensee shall post with the Township Clerk a performance bond in the amount of $5,000, noncancelable without notification to the Mayor and Township Council, guaranteeing performance for five years of the obligation of the licensee and ensuring maintenance of the console and alarm system during the period when such license is in force.
[Ord. #522; 1976 Code § 71-5]
a. Prequalification. Persons desiring to bid for the license shall make
application to the Chief of Police, which application shall disclose
whatever information may be required by the Township concerning the
ability of the applicant to comply with the requirements of this section
and shall indicate, in any event, that:
1. The proposed licensee has satisfactory financial and personal references
indicating his or its ability to comply with the terms of this section.
2. Said proposed licensee has an office with adequate personnel available
on a twenty-four-hour basis to service the equipment.
b. Upon receipt by the Chief of Police of a list of those persons or
corporations who prequalified, the Chief of Police shall then designate
the time and place for receiving sealed bids by those eligible to
submit bids as set forth in paragraph a above, which bids shall indicate
the bond and other requirements of this section and the maximum installation
and monthly charges prescribed by this section or a lesser amount.
Upon the return of the sealed bids, the Mayor and Township Council
may award the license to the person whose bid taken as a whole is
the most advantageous to both the subscribers to the system and the
Township from a cost standpoint, and in conjunction therewith the
Mayor and Township Council reserves the right to reject any and all
bids.
c. Renewals of the license or awarding of new licenses should any license be terminated in accordance with subsection
4-9.7 shall be accomplished by following the procedures of paragraphs a and b aforesaid.
[Ord. #522; Ord. #688; 1976 Code § 71-6; Ord. #934,
§ IV; New]
a. Except as hereinafter provided, it shall be unlawful for any individual,
partnership, corporation or firm to operate or maintain an alarm device
or fire alarm device as defined by this section, within the Township,
without a valid permit. A separate permit shall be required for each
device.
b. Any individual, partnership, corporation or firm which owns and operates
or maintains an alarm device or fire alarm device shall make application
to the Chief of Police or Fire Chief, respectively for a permit therefor
on forms supplied by the Police Department; the application shall
specify the name, address and telephone number of the owner and user
of the alarm installation, the exact location of the alarm device,
the name and address of the installer of the device, the type of device,
the name and address of the individual or firm regularly servicing
the device, if any, the provisions relating to false alarms and testing
procedures, a list of names and addresses of persons to be contacted
in the event of an alarm and other information relating to the alarm
device reasonably required by the Chief of Police.
c. Issuance and Renewal of Permits.
1. The Chief of Police is the designated official of the municipality
to issue and renew permits; to remove or suspend permits and to otherwise
enforce and apply the provisions of this section to alarm devices.
2. The Fire Chief is the designated official of the municipality to
renew fire alarm permits; to remove or suspend permits and to otherwise
enforce and apply the provisions of this section to fire alarm devices.
d. An application for a permit or permit renewal may be denied if the
Chief of Police or Fire Chief disapproves of the equipment intended
to be used or continued by the applicant or the manner of use thereof
or if the applicant has violated any other provisions of this section
or is in default in the payment of any fee required by this section.
e. All permits as may be granted hereunder shall be accepted upon the
express condition that (1) the permittee shall defend, indemnify and
save harmless the municipality and its authorized officials, agents
and employees from and against any and all damages, costs, expenses
and liability arising out of the acts or failure to act of the municipality;
the alarm console licensee, permittee, alarm contractor or any one
or more of them; arising out of any defects, deficiencies or inadequacies
in any alarm device or devices for which a permit has been granted
or in any installation, monitoring or maintenance thereof or by reason
of any malfunction or defect in the operation or maintenance of the
alarm console, and (2) the permittee shall comply with all other provisions
of this section.
[Ord. #522; 1976 Code § 71-7]
The Township shall be under no duty or obligation to any permittee
hereunder or to any alarm console licensee hereunder, the alarm console
and allied equipment being maintained at will and subject to termination
at any time by cancellation of the system by resolution duly adopted
by the Mayor and Township Council, and any individual permit issued
hereunder may be revoked at any time by the Mayor and Township Council
upon recommendation of the Police Chief, provided that 30 days' notice
is given in writing to the permittee by registered mail.
[Ord. #522; 1976 Code § 71-8, Ord. #934, § V;
Ord. #1378, § I]
a. In the case of a false fire alarm any person having knowledge thereof shall immediately notify the Fire Department in a manner to be prescribed by rules and regulations in accordance with subsection
4-9.9. In addition, in the case of false fire alarms the Fire Chief shall cause an investigation to be made and keep a record of alarms on file for such false fire alarms. For such false alarms the Township Council prescribes the following investigation fees:
1. For the first two false fire alarms in any calendar year a warning
shall be issued.
2. For the third false fire alarm in the same calendar year $100.
3. For the fourth false fire alarm in the same calendar year $250.
4. For all false fire alarms in one calendar year after the fourth false
fire alarm $500.
5. Investigation fees shall be paid within 30 days of notice to the
permittee that such fee is due.
When the investigation by the Fire Department discloses continued
abuse of the privilege of connection to the Fire Department or Police
Department and a disregard by the permittee for taking remedial steps
to avoid false alarms, or if the permittee fails to pay the investigation
fee as required, the Township Council may require disconnections of
the fire alarm to the municipal system, provided that no such permit
shall be revoked or suspended without giving the permittee an opportunity
to show cause before the Council why such action should not be taken.
b. Any licenses for the alarm console and any permittee utilizing the
services of any other alarm company connected to the console shall
provide for a representative to be on call at all times, and such
service shall be provided immediately when necessary after notification
by the Police Department of any malfunctions of any equipment.
c. In the 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
4-9.9. In addition, in the case of false alarms the Chief of Police shall cause an investigation to be made and keep a record of alarms on file. For such false alarms the Township Council prescribes the following investigation fees: for the first and second false alarm in any given calendar year, a warning shall be issued; for the third false alarm in the same calendar year, $15 shall be paid to the Township of Mahwah; and for the fourth false alarm, $25 shall be paid to the Township of Mahwah; for false alarms after the fourth alarm in the same calendar year $25 shall be paid to the Township of Mahwah. Investigation fees shall be paid within 30 days of notice to the permittee that such fee is due. Where the investigation by the Police Department discloses continued abuse of the privilege of connection to the alarm console and a disregard by the permittee for taking remedial steps to avoid false alarms, the Township Council reserves the right to require disconnection from the alarm console for a limited or permanent time provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Township Council why such action should not be taken.
d. Any unauthorized equipment may be disconnected by the Chief of Police
or his designated representative for noncompliance with this section,
and any person installing or maintaining unauthorized equipment shall
be prosecuted for violation of this section and each and every day
the equipment is in operation shall be considered a separate violation.
Any permittee shall, by acceptance of the permit, 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
representative.
e. Properties owned and controlled by the State of New Jersey, County of Bergen, Township of Mahwah, Township of Mahwah Board of Education, or any agencies of these entities shall be exempt from the investigation fees set forth in the preceding subsection
4-9.8c.
[Ord. #522; 1976 Code § 71-9; Ord. #934, § VI]
The Chief of Police and the Fire Chief and/or the Fire Official
may from time to time promulgate rules and regulations supplementing
this section in order to provide for record-keeping and efficient
management of the system; provided, however, that the Mayor and Council
must first approve the rules or any changes thereto.
[Ord. #522; 1976 Code § 71-10]
Any person, firm or corporation found guilty in the Municipal Court of the Township of a violation of the terms of this section shall be subject to the penalty as stated in Chapter
1, Section
1-5.
[Ord. #522; Ord. #688; 1976 Code § 71-11]
Dial alarm devices shall be permitted only under the following
conditions:
a. All owners of dial alarms shall register same in the manner set forth in subsection
4-9.6 of this section.
b. No dial alarm devices shall be finally registered until a test alarm
has been made by the owner in conjunction with the Chief of Police
or his representatives.
c. No dial alarm devices shall be permitted unless of a type approved
by the Chief of Police.
d. All dial alarms shall be coded to dial a special separate number,
which number can be obtained from the Chief of Police, and no dial
alarm shall be coded to dial the number of the general police switchboard
of the Township, unless authorized by the Chief of Police.
e. Any dial alarm device shall be coded as well to notify a relative,
neighbor, or other third party who will be disclosed in the registration
of the equipment as required by this ordinance.
f. All dial alarm devices shall be capable of disconnect to enable the
owner to call the police switchboard to indicate that a false alarm
has occurred.
g. For dial alarm devices the owners shall pay to the Township an annual
fee of $25 to cover the cost of registration, testing and to amortize
the cost of the special phone line or lines required in the Town Hall
along with ancillary tape devices of the Police Desk necessitated
by these systems.
h. Owners of dial alarm devices shall be governed by the false alarms
procedures and penalties set forth in this section.
i. In the event that any person has a dial alarm device in existence
at the time of the passage of this ordinance, he shall have 30 days
in which to pay the annual fee. Any person not so complying shall
be liable to a penalty payable to the Township in the amount of $50.
j. The contents of any recorded message from a dial alarm device must
be intelligible and in a format approved by the Chief of Police, no
such message shall be transmitted more than three times as a result
of a single stimulus of the mechanism, messages shall not exceed 15
seconds and the time gap between delivery shall be approximately 10
seconds.
k. The sensory mechanism of such devices shall be adjusted so as to
suppress false indications and not to be actuated by impulses due
to pressure changes in water pipes, short flashes of light, wind,
noises, rattling or vibration of doors or windows or other forces
unrelated to general alarms.
l. All components of such equipment must be maintained by the owner
in good repair and when evidence exists that there has been failure
to comply with the operational requirements of this section, the Chief
of Police is then authorized to demand that such device be disconnected
until such time as compliance with current requirements is re-established.
[Ord. #1256, § 4-10.1; amended 10-7-2021 by Ord. No. 1951]
As used in this section, the following terms shall have the
meanings indicated:
DIRECTLY IMPACTED MERCHANTS
Those merchants whose shops are located in areas where parking,
traffic and sidewalk restrictions are created as a result of the applicant's
filming activities.
DIRECTLY IMPACTED RESIDENTAL PROPERTIES
Those residents whose homes are located in areas where parking,
traffic and sidewalk restrictions are created as a result of the applicant's
filming activities.
FILMING
Shall mean the taking of still or motion pictures, either
on film, videotape or similar recording medium, for commercial or
educational purposes intended for viewing on television or in theaters
or for institutional use. The taking of still or motion pictures,
either on film, videotape or similar recording medium, for commercial
or educational purposes, intended for viewing on television, in video
games, on cable television, or in theatres or for institutional use,
including the use of any public lands to facilitate same. Filming
shall include setup and breakdown time. Filming of news stories within
the Township shall not be subject to the provisions of this chapter.
MAJOR MOTION PICTURE
Any film that is financed and/or distributed by a major motion
picture studio (such as Universal, MGM, Disney, and others). The term
"major motion picture" shall also include any film for which the budget
is at least $500,000; any recurrent weekly television series programming
(such as for HBO, Showtime, Cinemax and others), made for a streaming
service, TV motion picture, any commercial, video game, or made for
cable television movie.
PERSON
An owner of property, or any applicant for a permit under
this chapter.
PRIVATE LANDS
All other areas within the Township, including areas zoned
for residential as well as business use.
PUBLIC LAND
Shall mean any and every public street, highway, sidewalk
or square, public park or playground or other public place within
the Township that is within the jurisdiction and control of the Township.
RESIDENTIAL ZONES
Shall mean as established by Chapter
24 of the Code of the Township of Mahwah.
[Ord. #1056, § 4-10.2; amended 10-7-2021 by Ord. No. 1951]
a. No person shall film or permit filming within the Township of Mahwah
without first obtaining a permit therefor, which permit shall set
forth the location of such filming and the date or dates when filming
shall take place.
b. Permits shall be obtained in the office of the Township Clerk during
normal business hours. Applications for such permits shall be in a
form approved by the Township Clerk and shall be accompanied by a
permit fee as hereinafter set forth. Incidental use of a public sidewalk
or street that does not result in a closing of the street or sidewalk
to public use shall not be considered filming on public land.
c. One permit shall be required for each location.
d. One permit shall be sufficient to authorize outdoor filming one day and indoor filming on one day within a period of not more than 10 days beginning on the date of issuance of the permit, provided that each such date on which filming is to take place shall be specified in the permit and further provided that the maximum number of days on which filming may be authorized in any calendar year for premises located in any residential zone shall not exceed seven days without a waiver pursuant to §
4-10.3b,10 of this section.
e. If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Township Clerk may, at the request of the applicant, who shall
certify that filming did not in fact take place on the dates specified,
issue a new permit for filming on other dates subject to full compliance
with all other provisions of this section. No additional fee shall
be paid for this permit.
[Ord. #1256, § 4-10.3; amended 10-7-2021 by Ord. No. 1951]
a. No permit shall be issued for filming at a particular location in a residential zone within the Township of Mahwah that would permit filming at said location on more than seven days during any one calendar year unless a waiver pursuant to §
4-10.3b,10 of this section is granted.
b. No permit shall be issued for filming upon public lands within the
Township of Mahwah unless the applicant meets the following insurance
requirements:
Applicant shall maintain during the life of the project insurance
policies of the type and with the minimum limits indicated below and
in form satisfactory to the Municipality. The applicant shall provide
a certified copy of the policies and/or certificates of insurance
satisfactory to the Municipality prior to commencement of work.
1. Policy and limit guidelines as follows:
(a)
Commercial general liability insurance coverage, written on
an occurrence basis, and must not be altered by any endorsements limiting
coverage. Limits of liability shall not be less than the following:
$2,000,000
|
General aggregate per location/per project
|
$2,000,000
|
Products/completed operations
|
$1,000,000
|
Personal injury and advertising injury limit
|
$1,000,000
|
Each occurrence combined single limit for bodily injury and
property damage
|
(3)
Contractual liability covering liability assumed under the indemnification
provision contained in this Agreement and deleting any third-party
beneficiary exclusion.
(4)
Broad form property damage liability including completed operations.
(5)
Personal injury coverage, including coverage for liability arising
from false arrest, malicious prosecution, willful detention, libel,
slander, defamation of character, invasion of privacy and wrongful
egress or entry.
(6)
Products and completed operations.
(7)
Limited pollution cleanup at a limit of $100,000 if there is
to be any environmental disturbance.
(b)
Comprehensive automobile liability insurance covering the use
of all owned, non-owned, hired or leased automobiles with limits of
liability not less than $1,000,000 combined single limit for bodily
injury and property damage.
2. Additional requirements as follows:
(a)
Certified copies of all insurance policies provided above or
certificates thereof satisfactory to the Township of Mahwah shall
be furnished forthwith. Each such policy or certificate shall contain
a provision that it is not subject to change or cancellation unless
30 days' prior written notice via certified mail, return receipt shall
have been given to the Township of Mahwah by the applicant's insurer.
(b)
The applicant agrees that it will defend, indemnify and hold
harmless the Township of Mahwah, its officers, agents and employees
from any and all liability, suits, actions, and demands all damages,
costs or fees on account of injuries to persons or property, including
accidental death, arising out of or in connection with the project,
or by reason of the operations under this agreement.
(c)
The posting of a $5,000 cash security deposit, or $5,000 maintenance
bond running in favor of the Township of Mahwah protecting and insuring
that the location utilized will be left after filming in a satisfactory
condition, free of debris, rubbish and equipment, and that due observance
of all Township ordinances, laws, and rules or regulations will be
followed. The Township will return the security deposit or maintenance
bond within 21 days after the completion of the filming, provided
that there has been no damage to public property or public expense
caused by the filming. Monies to repair damage to public property
or reimburse public expense may be deducted from the security deposit
at the sole discretion of the Township Council.
(d)
The hiring of a Township police officer(s) for the times indicated
on the permit shall be mandatory in the event that the Mahwah Police
Department in its discretion, determines that the presence of a police
officer(s) is required for the filming of a major motion picture as
defined in this section. The permit holder shall comply with all lawful
directives of the Mahwah police officer(s) present for the filming,
including but not limited to directives regarding the free passage
of pedestrians and traffic over public lands, or to halt filming in
the event of a violation of any provisions of this section. The Township
reserves the right to require the applicant to hire an on-site police
officer(s) of the Mahwah Police Department in other filming applications,
if, in the discretion of the Township, the proposed production may
impede the proper flow of pedestrian or vehicular traffic.
(e)
The hiring of an on-site licensed electrician where existing
electrical power lines are utilized by the applicant, or if the applicant
does not have a licensed electrician on site.
(f)
All insurance purchased and maintained by the applicant shall
designate the Township of Mahwah, its officers, officials, agents,
employees, and consultants as additional insured.
(g)
Except as modified by the Township of Mahwah in writing, the
insurance requirements herein shall also apply to subcontractors and
to the sub-subcontractors, and the applicant will be responsible for
supervision of the filing of certified copies of the insurance policies
and/or insurance certificates prior to any subcontractor commencing
work on the project.
3. In the event that the applicant provides evidence of insurance valid
for a period of time less than the period during which the applicant
is required to maintain insurance, the applicant shall be obligated
to renew its insurance policies as necessary and to provide new evidence
of insurance in order that the Township of Mahwah is continuously
in possession of evidence of the applicant's insurance in accordance
with the foregoing provisions.
4. The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Mahwah Police Department with respect thereto.
5. The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit to the extent possible
any interference with normal public activity on such public lands.
6. The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon the completion of filming or the expiration
of the permit, whichever comes first.
7. Filming shall be permitted only Monday through Friday between the
hours of 8:00 a.m. to 7:00 p.m., except in the Business District where
filming shall be permitted only Monday through Thursday 7:00 a.m.
through 10:00 p.m. In this connection, the setup of equipment and
vehicles and the breakdown of such equipment and vehicles at the end
of the filming shall be accomplished within the permitted time period.
Equipment and vehicles are permitted to arrive in the Township prior
to 7:00 a.m., but in no event shall equipment be set up earlier than
7:00 a.m. on the day filming is permitted. Filming past 10:00 p.m.
shall require the approval of the Township Council, and shall add
an additional cost of $1,000 per hour for the approved time period.
8. The Township Clerk may refuse to issue a permit whenever the Clerk
determines, on the basis of objective facts, after a review of the
application and a report thereon by the Police Department and by other
Township agencies involved with the proposed filming site, that filming
at the location and or time set forth in the application would violate
any law or ordinance or would unreasonably interfere with the public's
use of public lands, unreasonably impede the free flow of vehicular
or pedestrian traffic otherwise endanger the public's health or welfare.
9. Any person aggrieved by a decision of the Township Clerk denying or revoking a permit or a person requesting relief pursuant to paragraph i may appeal to the Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk. An appeal from the decision of the Township Clerk shall be filed within 10 days of the Township Clerk's decision. The Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Council shall be in the form of a resolution. A resolution supporting the decision of the Township Clerk or granting relief pursuant to §
4-10.3b,10 shall be approved by the Council at the first regularly scheduled public meeting of the Council after the hearing on the appeal unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Clerk shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to §
4-10.3b,10 shall be deemed denied.
10. The Council may authorize a waiver of any of the requirements or
limitations of this Chapter and may authorize filming other than during
the hours herein described or may extend the duration of a permit
beyond 10 days or may permit filming at a particular location in a
residential zone on more than four days during any one calendar year
or may waive any other limitation or requirement of this section whenever
it determines that strict compliance with such limitation will pose
an unreasonable burden upon the applicant and that such a permit may
be issued without endangering the public's health, safety and welfare.
11. The applicant shall notify the Fire Official 48 hours before filming
takes place and permit the Fire Official or his designee to inspect
the site and the equipment to be used. The applicant shall comply
with all fire safety instructions issued by the Fire Official or his
designee.
12. The holder of a permit for filming on public lands shall hire, at
said person's sole cost and expense, a Mahwah police officer(s) who
will be present at all times at the site during the filming.
13. Automobiles, trucks and all other vehicles owned, leased or used
by the holder of a permit for either residential or public land filming
shall not be parked on more than one side of the street.
14. The applicant shall notify adjacent property owners at least 72 hours
before filming takes place of the date and location of the filming.
[Ord. #1256, § 4-10.4; amended 10-7-2021 by Ord. No. 1951]
The fees which shall be paid to the Township Clerk in advance
of the filming and issuance of the permit, are as set forth in Fees
and Deposits.
Fees and Deposits
|
---|
Filming of Commercials, Movies, etc., per diem permit:
|
Filming permit
|
$500
|
Filming permit for filming on public land
|
$1,000
|
Filming permit for non-profit applicants
|
|
Filming for educational purposes (including public
land)
|
$25
|
The holder of a permit for filming on public lands shall hire
at their sole expense a Mahwah police officer who will be present
at all times at the site during the filming.
|
In addition to any fees or costs mentioned in this chapter,
the applicant shall reimburse the Township for any lost revenue, such
as parking meter revenue, repairs to public property, or revenues
the Township may be prevented from earning because of the filming.
|
[Ord. #1256, § 4-10.5; amended 10-7-2021 by Ord. No. 1951]
Any person violating this section or rules and regulations contained
herein shall be subject to a fine not to exceed $1,000 or imprisonment
for a term not to exceed 90 days, or both.
Any person violating this chapter or the rules and regulations
contained therein, shall, upon conviction thereof, be punished by
a fine not exceeding $1,000 per day, and/or forfeiture of the security
deposit or maintenance bond posted in connection with the issuance
of a filming permit. Where the owner of the premises is not an applicant,
the owner and the applicant shall each be liable for violations of
this section. As to private property, this section shall be enforced
by the Building Inspector, and as to public property, this section
shall be enforced by the Police Department and the Township of Mahwah
Fire Department. This section may also be enforced by direct action
of the Township Council. The following acts shall constitute prima
facie violations of any filming permit:
a. Unauthorized street closings.
c. The use of equipment and/or vehicles not disclosed on the application.
[Ord. #1256, § 4-10.6; amended 10-7-2021 by Ord. No. 1951]
The provision of this section shall not apply to the filming
of news stories by authorized press personnel within the Township,
the Township of Mahwah Police Department, Fire Department or Ambulance
Corps, nor shall it apply to filming for training provided by such
Township agencies.
The Township Council may authorize a waiver of any of the requirements
or limitations of this section and may authorize filming other than
during the hours and days herein described whenever it determines
that such a permit may be issued without endangering the public health,
safety and welfare and without unreasonably disturbing the peace and
tranquility of the neighborhood where it is proposed to film. A public
hearing shall not be required to be held for every application for
a waiver. The Township Council shall fix the time and place and shall
give written notification to abutting and adjacent property owners.
[Ord. #1256, § 4-10.7; amended 10-7-2021 by Ord. No. 1951]
As to any responsibility or assignment designated to the Township Clerk by this Section
4-10, the Council may, by resolution, designate the Township Administrator in the alternative.
[Added 8-11-2022 by Ord.
No. 1981]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this section, have the meanings set forth below:
AGGRIEVED PARTY
Any person, persons, or entity, whether corporate or private,
aggrieved by the sound of outdoor entertainment emanating from an
establishment.
AMPLIFIED
Increased sound volume created by any mechanical, electric
or electronic device.
APPLICATION
An application for an Outdoor Entertainment License.
BAR
A place of business duly licensed by the Alcoholic Beverage
Control Board for the sale and on-premises consumption of alcoholic
beverages by the drink as the principal or primary use, with the option
of some food service provided, including but not limited to prepackaged
snacks.
BREWERY
A brewery operating under a brewery license pursuant to N.J.S.A.
33:1-10.
DECIBEL LEVEL
Unit for measuring the volume of a sound, equal to 20 times
the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20 micronewtons
per square meter), as measured from an establishment's property
boundary.
DISTILLERY
A distillery that has been issued, and is in compliance with,
a distillery license pursuant to N.J.S.A. 33:1-10.
ESTABLISHMENT
Any commercial for-profit bar, distillery, restaurant and
other food and beverage establishment.
EVENT
A performance for which an Outdoor Entertainment License
has been issued.
FOOD & BEVERAGE
Food and/or beverages that are cooked, prepared, sold, served,
and consumed on the business premises.
OUTDOOR
A measurement taken from any point within the property boundaries
of an aggrieved party, excluding Township rights-of-way, or taken
from any point outside of the commercial establishment at the discretion
of the Township.
OUTDOOR ENTERTAINMENT
Any amplified live act, including vocalists, actors, dancers,
floor shows, instrumentalist, recorded music played by a DJ, and live
performances, including but not limited to musical performances, and
the playing or projecting of any content from a recording or streaming
service, for an audience of less than 500 people, that is taking place
in an Outdoor Space and that is intended to be audible or that is
actually audible beyond the Outdoor Space. Outdoor Entertainment shall
not include non-amplified acoustic performances.
OUTDOOR SPACE
A patio or deck, whether covered or uncovered, a yard, a
walkway, or a parking lot, or a portion of any such space, that is
located on or adjacent to the establishment, which space is owned,
leased, or otherwise in the lawful control of the owner or operator
of the establishment.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including a charitable, religious,
membership, hospital or not-for-profit corporation.
RESTAURANT
A place of business or portion thereof where food and beverages
are cooked, prepared, sold, served, and consumed on the business premises.
[Added 8-11-2022 by Ord.
No. 1981]
a. Outdoor entertainment shall be prohibited at all establishments,
except where specifically requested in an outdoor entertainment license
application and approved by the Township Zoning Officer.
b. An outdoor entertainment license is granted to a specific person
to offer outdoor entertainment in a specified outdoor space on a single
specified date and time.
c. The application for a license shall be on the form provided by the
Clerk, addressed to the Zoning Officer, and filed with the Clerk at
least 21 days prior to the date the event will be held.
d. The Application shall include, but not be limited to, the following
information:
1. The name, age and personal address of the applicant, including proof
of address in the form of a photo ID; if the applicant is a corporation,
the name of the corporation and the names and addresses of directors
and officers of the corporation; if the applicant does not reside
in Bergen County, the name, address and phone number of any agent,
who shall be a natural person and shall reside or have a place of
business in Bergen County and who shall be authorized to and shall
agree by verified statement to accept notices or summonses issued
with respect to violations of any law, ordinances, rules or regulations.
2. The name and personal address of the record owner of the subject
property or properties and the nature and interest of the applicant
in the property; the proposed date and hours of the outdoor entertainment,
including setup and shutdown times; expected maximum number of persons
intended to use the property at one time and collectively; the expected
number of automobiles and other vehicles intended to use the property
at one time and collectively; the purpose of the event, including
the nature of the activities to be carried on and the admission fee
to be charged, if any; and the name of groups, organizations, charities
or individuals who shall benefit from the proceeds of the event.
3. The application shall be signed by the applicant and the property
owner.
[Added 8-11-2022 by Ord.
No. 1981]
a. Outdoor entertainment shall not be the norm and a license shall be
granted only where the Zoning Officer is convinced that it would not
unreasonably interfere with the quality of life of the surrounding
community. In determining whether or not to grant a license, the Zoning
Officer shall consider, but not be limited to, the following criteria:
1. Nature and location of the establishment, including its proximity
to residential properties, and input of residents of the surrounding
area, including history of complaints from any aggrieved parties;
2. Impact of the event on the safe and orderly movement of traffic within
and contiguous to the event;
3. Need for the Township to police the event and the event's impact
on fire and police protection and ambulance service to contiguous
areas.
4. Impact of the event on the general health, safety and welfare of
the Township.
5. Verification that there are no outstanding violations on the property
at which the event will be held or any outstanding or unsatisfied
conditions of a Township agency approval, including but not limited
to the Planning Board or the Zoning Board of Adjustment.
6. Verification that the information contained in the application is
not found to be false or nonexistent in any material detail.
7. Verification that the grant of the outdoor entertainment license
would not violate any existing covenants on the property.
b. If a license is granted, the license shall set forth the maximum
number of persons permitted to attend the event. The Zoning Officer,
in determining the maximum limit, shall take into consideration the
capacity of the site, the facilities to be available and the availability
of public highway and other means of transportation to and from the
site. The applicant shall limit all ticket sales or invitations to
such maximum number and shall include such limitations in all advertising.
c. An outdoor entertainment license shall expire at the close of the
event for which the license is issued.
d. Licenses are limited to seven times per calendar year and no more
than two times per month, for a maximum of three hours per license.
e. Licensed outdoor entertainment shall begin no earlier than 12:00
noon and end no later than 7:00 p.m. on Monday through Thursday and
no later than 9:00 p.m. on Friday and Saturday. No licenses shall
be issued for Sundays. Outdoor entertainment shall be limited to no
more than three hours total per license.
f. The decibel level of outdoor entertainment shall not exceed 55 dB.
g. The establishment and outdoor space shall be fully accessible to
authorized members of the Mahwah Police Department and the various
Township departments having regulatory jurisdiction over the premises.
Prior to the issuance of a license, the applicant shall furnish the
Township with written authorization to permit the Township or its
lawful agents to enter the subject property for the purpose of inspecting
the same, and for the protection of health, safety and welfare of
citizens of the Township of Mahwah.
h. Prior to the issuance of a license, the applicant shall furnish the
Township with proof of a comprehensive liability insurance policy,
issued by a company duly licensed by the State of New Jersey, insuring
the applicant against liability for damage to persons or property,
with limits as established by the Township's risk management
consultant.
i. The Township may issue a license upon such other reasonable conditions
necessary to ensure compliance with this law and for the general protection
of the health, safety and welfare of the persons and property in the
Township.
[Added 8-11-2022 by Ord.
No. 1981]
a. All applications shall be submitted to the Township Clerk. Applications
will be reviewed by the Chief of Police, Fire Official, Health Office
and any other required Township Departments prior to the Zoning Officer
rendering a decision.
b. An appeal for a review of any license approval, denial, revocation,
suspension, or waiting period issued by the Zoning Officer may be
filed through the Township Clerk with the Township Council, with a
copy forwarded to the Zoning Officer. The Township Council, or a designee
if so delegated by the Township Council, shall conduct a hearing within
30 days of the appeal properly being filed with the Clerk, unless
an extension is agreed to between the Township Council and the appellant.
The Township Council shall thereafter render a decision.
[Added 8-11-2022 by Ord.
No. 1981]
The license fee shall be $100 per license/event, to be paid
with the application.
[Added 8-11-2022 by Ord.
No. 1981]
a. If, after a license is issued, the Zoning Officer determines that any of the representations and/or statements contained in the application, or that any of the conditions of the license have not been complied with, the Zoning Officer may serve the licensee's agent, for service of process as appointed pursuant to subsection
4-11.2 hereof, a five-day notice of public hearing specifying the manner in which the licensee has not complied with the terms of its license, and, at which hearing, the Township Council may for good cause modify or rescind such license, absolutely or upon conditions.
b. If the Police Chief or designee, or Fire Official or designee, determines
that there is an immediate threat to public safety as a result of
weather conditions, overcrowding, code violations, traffic or other
reasons the Police Chief or Fire Official may revoke the licenses.
[Added 8-11-2022 by Ord.
No. 1981]
a. Any person who violates any provision of this section shall, upon
conviction thereof, be punishable by a fine not exceeding $2,000 or
such other penalties consistent with N.J.S.A. 40:49-5. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
b. Any person violating any of provisions of this section shall be subject
to a six-month waiting period before applying for a subsequent outdoor
entertainment license.
[Added 11-10-2022 by Ord.
No. 1993]
a. The owner of a business or the owner of a rental unit or units, other than a multifamily home as set forth in subsection
4-12.1b below, shall be required to maintain liability insurance for all negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.
b. The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
[Added 11-10-2022 by Ord.
No. 1993]
a. Any owner of a business or rental unit(s) required to maintain insurance
as set forth in this section is required to register the certificate
of such insurance coverage with the Township Clerk as follows:
1. Within 30 days of the date this section takes effect.
2. Within 30 days of the date of establishment of said business or rental
unit(s) within the Township of Mahwah.
3. On or before January 15 or each year following enactment of this
section.
b. A new certificate will be required annually for each calendar year.
All certificates shall be renewed no later than January 15 of each
year. It shall be the responsibility of any owner conducting, operating
or engaging in any business covered by this requirement to apply for
a certificate at the Office of the Township Clerk.
[Added 11-10-2022 by Ord.
No. 1993]
The following words and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
BUSINESS
Any person offering and/or engaged in buying, selling, storing
and/or transferring merchandise, goods, real property, personal property,
moneys, services and/or other items who do so for a fee, price, retainer,
commission, percentage and/or other means of compensation for the
purpose, stated or otherwise, of realizing a profit or other gain.
[Added 11-10-2022 by Ord.
No. 1993]
a. Any business owner, rental until owner, or owner of a multifamily
home that is four or fewer units, one of which is owner occupied,
located within the Township of Mahwah shall file a completed municipal
insurance registration form and certificate of insurance with the
Township Clerk and shall pay the required fee.
b. The municipal insurance registration form shall contain the following
information for each owner applying for a certificate:
2. The nature of and address of the business, rental unit(s) or multifamily
home(s).
3. The business address of the owner.
4. The home address of the owner.
5. The business telephone number of the owner.
6. The home telephone number and/or cell number of the owner.
7. The trade name or other business identification titles used by the
owner.
c. The Township Clerk shall issue a municipal insurance registration
certificate to any owner who files a completed municipal insurance
registration form with certificate of insurance demonstrating the
required coverage, and pays the required fee.
d. Upon receipt of the requirements of subsection
4-12.4c, the municipal insurance registration certificate shall be issued along with a copy of the completed municipal insurance registration form with an acknowledgment by the Township Clerk that it has been properly filed.
[Added 11-10-2022 by Ord.
No. 1993]
a. In the event that two or more businesses occupy the same location,
the owner shall be required to complete a separate municipal insurance
registration form and obtain a separate certificate for each such
business.
b. In the event that the same owner conducts businesses at two or more
locations, a separate business registration form and certificate shall
be required for each location.
[Added 11-10-2022 by Ord.
No. 1993]
Every owner having a municipal insurance registration certificate
for a business or rental unit or multifamily home of four or few units,
one of which is owner occupied, that ceases to operate, changes the
principal activity in which it is engaged, changes its location and/or
locations in the municipality, moves out of the municipality or changes
owners and/or managers, must submit written notice to the Township
clerk within 30 days of such change. In the event of cessation of
business or moving out of the municipality, the person having a certificate
for a business must provide the name, address and home telephone number
of the person or principal officer of the business to the Township
Clerk within 30 days of such event.
[Added 11-10-2022 by Ord.
No. 1993]
Issuance of a municipal insurance registration certificate by
the Township Clerk does not evidence compliance with other applicable
rules, regulations, ordinances and statutes of the municipality, county
and State of New Jersey, or other regulatory agencies having jurisdiction
over the activities of the certificate holder.
[Added 11-10-2022 by Ord.
No. 1993]
The annual fee for registration of the certificate of insurance
pursuant to this Section shall be $25, due at the time the certificate
of insurance is to be registered with the Township Clerk.
[Added 11-10-2022 by Ord.
No. 1993]
If the owner of a business or rental unit(s) subject to the
registration requirements of this section is found to be in violation
of these provisions, a fine of not less than $500 but no more than
$5,000 may be assessed against same through a summary proceeding in
accordance with the provisions of in N.J.S.A. 2A:58-10 et seq.