[1974 Code § 101-1; Ord. No. 84-31; Ord. No. 04-34-OAB § 1]
For the purposes of this section, the terms used herein are
defined as follows:
Shall mean any person who goes from house to house for the
purpose of obtaining the views of any person upon any economic or
social question or project, or for the purpose of distributing literature,
pamphlets, circulars, samples and the like for the purpose of information
or advertising for commercial purpose or for the purpose of soliciting
contributions or other purposes.
Shall mean the Chief of Police/Director of Law Enforcement
of the Township of Berkeley, or a representative authorized by the
Chief of Police/Director of Law Enforcement to perform the acts of
the Chief of Police in accordance with this section.
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
Shall mean any public or private business, corporation or partnership that produces earnings primarily through door-to-door sales. "Door-to-door sales enterprise" shall include businesses, corporations or partnerships that participate in canvassing, itinerant vending, and/or peddling, as defined herein. "Door-to-door sales enterprise" shall not include an organization that participates solely in nonprofit solicitation, as defined in Subsection 5-1.4 of the Revised General Ordinances of the Township of Berkeley .
Shall mean any person who goes from place to place by traveling
on the streets and roads, or from house to house, taking or attempting
to take orders for the sale of goods, wares and merchandise or personal
property of any nature whatsoever for future delivery, or for services
to be furnished or performed in the future, whether or not such person
has, carries or exposes for sale a sample of the object to be sold
and whether or not he is collecting advance payments on such sales.
The term shall not include wholesalers calling on retail merchants.
Shall mean all goods, wares, food, fruit, refreshments, ice
cream, vegetables, farm products, magazines, periodicals and all kinds
of articles of personal property for domestic use; and orders or contracts
for a service, home improvement or alteration shall be, considered
"merchandise" within the terms of this section.
Shall be deemed to mean and include all principals who own
10% or more of the equity in the corporation or business, trust, partners,
and officers in the aggregate employed by the entity as well as any
subsidiaries directly controlled by the business entity.
Shall mean any person who goes from place to place by traveling
on the streets and roads, or from house to house, carrying, conveying
or transporting goods, wares or merchandise for the purpose of selling
and delivering them to customers. The word "peddler" shall include
the words "hawker" and "huckster."
[1974 Code § 101-2; Ord. No. 92-40]
The purpose of this section is to prevent unfair competition,
fraud, crime, unethical and dishonest business practices and for the
general protection, health and welfare of the residents of the Township.
This purpose is effectuated by requiring persons intending to engage
in any of the occupations to be licensed by this section to furnish
certain preliminary information and to conform to the requirements
of this section, and to the extent set forth in this section, to regulate
the conduct of persons engaged in any of such occupations.
[1974 Code § 101-3; Ord. No. 84-31; Ord. No. 04-34-OAB § 2]
Except as otherwise provided in Subsection 5-1.4 hereof, it shall be unlawful for any itinerant vendor, hawker, peddler or canvasser to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise, or to solicit orders for the performance of any service, or to engage in canvassing, within the corporate limits of the Township, without first obtaining a license therefor in compliance with the provisions of this section. Such licenses shall not be transferable from the person to whom issued to any other person. A separate license shall be obtained by a licensed itinerant vendor, hawker, peddler or canvasser for every agent or employee working for him.
a.
The Chief of Police shall initiate criminal history record background
checks of present and prospective canvassers, peddlers, itinerant
vendors or owners and employees of a door-to-door sales enterprise
as set forth in this section.
b.
No person shall be licensed as a canvasser, peddler, itinerant vendor or owner or employee of a door-to-door sales enterprise unless the Chief of Police certifies that the person has no criminal history record of a conviction for an offense enumerated in Subsection c of this subsection.
c.
A person subject to Subsection b of this subsection whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from receiving a license to conduct canvass, peddle, itinerant vend or perform door-to-door sales:
1.
If the conviction was in New Jersey, for a crime:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A.
2C:12-1 et seq., N.J.S.A. 2C:13-1 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, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq. or N.J.S.A. 2C:25-17 et seq.; or
2.
If the conviction was in any other State or jurisdiction, for conduct constituting any of the crimes described in Subsection c1 of this subsection.
3.
The Chief of Police is authorized to receive criminal history record
information from the State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation consistent
with applicable State and Federal laws, rules and regulations. The
applicant shall bear the cost, if any, for the criminal history record
background check, including all costs of administering and processing
the check.
4.
The Division of State Police in the Department of Law and Public
Safety, upon the request of the Chief of Police, shall conduct a criminal
history background check requested by the Chief of Police in accordance
to the provisions of this subsection. The check shall be performed
only upon certification by the Chief of Police that the person has
submitted to the Chief of Police the person's name, address, fingerprints
and written consent for a criminal history record background check
to be performed.
For purposes of conducting the criminal history record background
check, the State Police shall examine its own files and arrange for
a similar examination of Federal criminal records. The information
obtained as a result of any such check shall be forwarded to the Chief
of Police.
5.
(a)
A criminal history record background check shall not be initiated
pursuant to this subsection without the written consent of the person.
The consent required under this subsection shall be in the manner
and form prescribed by the Chief of Police and shall include, but
not be limited to, the signature, name, address and fingerprints of
the person.
(b)
Upon receiving the results of a criminal history record background
check, the Director shall promptly notify any person who has not been
convicted of a disqualifying offense. Along with that notice, the
Chief of Police shall forward a certification stating that the person
has been subject to a criminal history record background check and
that the check has not revealed any record that the person has been
convicted of a disqualifying offense. The certificate shall be in
a form, and contain any additional information, as the Chief of Police
may prescribe by rule and regulation.
(c)
The Chief of Police shall promptly notify a person whose criminal
record background check reveals a disqualifying criminal conviction
of the results of the background check. The person shall have 30 days
from the receipt of that notice to petition the Chief of Police for
a review and cite reasons substantiating the review. If the person
successfully challenges the accuracy of the criminal history record
information indicating a criminal conviction or the person demonstrates
affirmatively to the Chief of Police clear and convincing evidence
of rehabilitation, the Chief of Police may issue a certificate indicating
that the person has successfully cleared a background check.
In determining whether the rehabilitation of a person has been
affirmatively demonstrated, the Chief of Police shall consider:
(1)
The nature and seriousness of the offense;
(2)
The circumstances under which the offense occurred;
(3)
The date of the offense;
(4)
The age of the person when the offense was committed;
(5)
Whether the offense was repeated;
(6)
Social conditions which may have contributed to the office;
and
(7)
Any evidence of rehabilitation, including good conduct in the
community, counseling, psychological or psychiatric treatment, additional
academic or vocational training, or personal recommendations;
(e)
The Chief of Police shall not certify a person subject to the
provisions of this subsection who refuses to consent to, or cooperate
in, the securing of a criminal history record background check.
[1974 Code § 101-4; Ord. No. 84-31; Ord. No. 92-40; Ord. No. 93-5; Ord. No.
96-34; Ord. No. 02-48-OAB § 1; Ord. No. 2017-44-OAB]
The requirements of this section shall not apply to the following:
a.
Any charitable body that shall canvass or conduct sales of personal
property when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable object for which the
body exists, except that where such body shall undertake to canvass
for a period in excess of 14 days, such body shall be required to
apply for a license under this section. Any such licenses issued under
this section to such body shall be valid only for a period of 14 days.
b.
Any person honorably discharged from the military service who has
a license under N.J.S.A. 45:24-9 et seq.
c.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity
with the law.
d.
Any religious organization recognized as tax exempt under the United
States Internal Revenue Code, provided the organization is not selling
or attempting to sell merchandise.
e.
Any person not otherwise subject hereto engaged in the delivery of
goods, wares or merchandise or other articles or things in the regular
course of business to the premises of persons who had previously ordered
the same or were entitled to receive the same by reason of a prior
agreement.
f.
Any person canvassing for a governmental agency.
g.
Any person canvassing for a political purpose or party. The sale
of personal property shall not be exempted under this exception.
h.
Any charitable organization registered with the State of New Jersey
or the Attorney General pursuant to the Charitable Registration and
Investigation Act N.J.S.A. 45:17A-18, as it may be amended from time
to time.
[1974 Code § 101-5; Ord. No. 95-10; Ord. No. 04-34-OAB § 3]
Every applicant for a license under this section shall file
with the Chief of Police a sworn written application, in duplicate,
on a form to be furnished by the Police Department, which shall give
the following information:
a.
The name and a description of the applicant.
b.
The permanent home address and full local address of the applicant.
c.
A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
d.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
e.
The length of time for which the license is desired.
f.
If a vehicle or vehicles are to be used, a description of such vehicles
and license numbers.
g.
The place where the goods or property to be sold or offered for sale
are manufactured or produced and where such goods or property are
located at the time such application is filed and the proposed method
of delivery.
h.
Two photographs of the applicant taken within 60 days immediately
prior to the date of the application, which photographs shall clearly
show the head and the shoulders of the applicant and shall measure
two by two inches.
i.
With regard to itinerant vendors and peddlers, a copy of a valid
certificate of authority issued to the applicant pursuant to N.J.S.A.
54:32B-15 empowering the vendor to collect sales tax. The application
shall also contain the applicant's New Jersey State Sales Tax Identification
Number.
j.
Two business or banking references located in the County of Ocean,
or in the case of a student, one school, college or university reference.
k.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
l.
If the applicant is not an individual, the names and addresses of
the applicant's principal officers, operating managers and all members
of the applicant's Board of Directors.
m.
If the applicant is a nonprofit corporation of the State of New Jersey,
a certified true copy of its certificate of incorporation, together
with any amendments or supplements thereto.
n.
If the applicant is a corporation, an instate registered agent must
be identified by name and street address.
o.
If the applicant is an individual, the permanent home address and
full local address of the applicant.
p.
The name and address of the person or persons who will be in direct
charge of conducting the sale or offer of merchandise or service(s)
and the names of all promoters connected or to be connected with the
proposed sale or offer.
q.
An outline of the method or methods to be used in conducting the
sale or merchandise or service(s).
r.
A schedule of streets or portions thereof which will be canvassed
and the preferred dates of such canvassing.
s.
If the applicant is an individual, a set of fingerprints shall be
taken by the Berkeley Township Police Department.
t.
A statement to the effect that if a license is granted, it will not
be used or represented in any way as an endorsement by the Township
of Berkeley or by any department or officer thereof.
u.
Such other information as may be reasonably required by said Chief
of Police in order for him to determine the kind and character of
the proposed solicitation and whether such solicitation is in the
interest of any not inimical to the public welfare.
v.
Applicants shall maintain and produce proof of insurance coverage
in the minimum amounts of $100,000 per person for personal injuries,
$300,000 per occurrence for personal injuries and $50,000 for property
damage. The Township of Berkeley shall be named as an additional insured
on all such insurance policies. The insurance coverage shall not be
terminated or canceled prior to the expiration date thereon unless
30 days' advance written notice is provided to the Township of Berkeley.
w.
A temporary license may be issued for a period not to exceed 60 days
upon the written recommendation of the Chief of Police.
[1974 Code § 101-6; Ord. No. 95-10; amended 4-17-2023 by Ord. No. 23-15-OAB]
The license fees payable under this section shall be as follows:
a.
Where no vehicle is involved, the sum of $10.
b.
Where one vehicle is to be used by the applicant for his business,
the sum of $20.
c.
The further sum of $10 for each additional vehicle to be used for
the business for which licensing is sought.
d.
A fee of
$5 made payable to the Clerk's Office for the printing of the No Knock
Registry List.
[1974 Code § 101-7; amended 4-17-2023 by Ord. No. 23-15-OAB]
When the application is properly filled out and signed by the
applicant and the license fee is paid, the Chief of Police shall issue
the license to the applicant, provided that the Board of Health shall
have theretofore issued a food handler's license, if required. Such
license shall contain the signature of the issuing officer and shall
show the name, address and photograph of the licensee, the class of
license issued, the kind of goods or services to be sold thereunder,
the date of issue, the length of time the license shall be operative,
the license number and other identifying description of any vehicle
used in the peddling, soliciting or canvassing activity licensed.
Accompanying the license shall be the most recent copy of the Township's
No Knock Registry List for consultation by licensee.
[1974 Code § 101-8]
Before a license shall issue hereunder, the applicant shall
file with the Township Treasurer an instrument in writing nominating
and appointing the Township Treasurer his true and lawful agent with
full power and authority to acknowledge service or notice of process
for and on behalf of the applicant in respect to any civil matters
connected with or arising out of actions of the licensee in the municipality.
Such instrument shall also contain recitals to the effect that the
applicant consents and agrees that service of any notice or process
may be made upon such agent and, when so made, shall be as valid as
if personally served upon the applicant according to the laws of this
or any other State, and waiving all claim or right of error by reason
of such acknowledgment of service or manner of service. The Township
Treasurer shall, by certified mail, forward such notice of process
to the address shown on the application.
[1974 Code § 101-9; Ord. No. 92-40; Ord. No. 93-5; Ord. No. 2015-36-OAB; amended 6-27-2022 by Ord. No. 22-21-OAB; 4-17-2023 by Ord. No. 23-15-OAB]
Every holder of a license issued by the Chief of Police under
the authority of this section or by the Clerk of the County of Ocean
under the authority of N.J.S.A. 45:24-9 shall be required to carry
such license with him while engaged in the business or activity licensed
within the corporate limits of the Township. He shall produce such
license or sanitary inspection certificate, as hereinafter provided,
at the request of any official of the Township or of any resident
of the Township with whom he wishes to conduct, his business or activity.
Every such licensee shall restrict his or her activity within the
Township of Berkeley to the hours between 9:00 a.m. and 7:00 p.m.
prevailing time on Mondays through Saturdays, except in the PRRC communities,
which such hours shall be from 11:00 a.m. to 3:00 p.m. prevailing
time on Mondays through Saturdays. The licensee shall not engage in
any door-to-door business activity on the following family oriented
holidays: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving and Christmas.
a.
If a vehicle or vehicles are to be used by the licensee under this
section or by a licensee licensed under the authority of N.J.S.A.
45:24-9 et seq., where the business of the licensee is the sale of
foodstuffs, within the Township, the licensee shall, before commencing
business, present such vehicle or vehicles to the Ocean County Board
of Health for inspection. The Ocean County Board of Health shall inspect
such vehicle or vehicles and, if satisfied that the vehicle is in
a sanitary condition and capable of readily being maintained in a
sanitary condition, shall furnish to the licensee a certification
that such vehicle, identifying it by license plate number, has been
inspected and approved. The licensee shall thereafter have such vehicle
or vehicles so inspected and obtain from the Ocean County Board of
Health an endorsement to the initial certification of approval at
intervals of not more than two weeks from the previous inspection,
during the period in which the licensee engages in business. Any such
vehicle found to be in an unsanitary condition shall not be used by
the licensee in the conduct of business in the Township.
b.
If a vehicle or vehicles are to be used by a licensee in any operation regulated by this section, the applicant for a license hereunder shall file with the Chief of Police, in addition to the requirements of Subsection 5-1.5, evidence that such vehicles are covered by liability insurance to satisfy any claim for damages sustained by any person as a result of the use by licensee of such vehicle or vehicles in the conduct of his business under this section, resulting in property damage or personal injury. Such insurance shall have a minimum limit of $250,000/$500,000 for personal injury and $10,000/$20,000 for property damage.
c.
As a condition for the issuance or renewal of any license or permit
issued under this section or requiring the approval of the municipality,
the applicant shall be required, if he or she is the owner thereof,
to pay any delinquent property taxes or assessments on the property
wherein the business or activity for which the license or permit is
sought or wherein the business or activity is to be conducted.
[1974 Code § 101-10; Ord. No. 93-5; Ord. No. 99-25-OAB § 1; Ord. No. 11-24-OAB]
a.
No peddler, canvasser or itinerant vendor shall conduct or attempt
to conduct his business at any residence or on any property on which
is posted a sign expressly prohibiting such activity. A posted sign
stating "No Soliciting" or like warning must be honored by all peddlers,
canvassers or itinerant vendors.
b.
No peddler, canvasser or itinerant vendor shall park on public or quasi-public property, with or without permission of the owner or on a public street, for more than five minutes to conduct his business from the vehicle carrying merchandise. No person shall park on private property without the permission of the owner and a license issued under this section. A peddler, canvasser or itinerant vendor may apply to the Chief of Police for a license under the provisions of this section to conduct his or her business on private property only with the written permission of the owner. The Chief of Police shall issue such a permit if the Chief is satisfied that the applicant's business may be conducted on the subject property without harm to the general protection, health and welfare of the residents and, in addition, that the applicant has complied with the provisions of Chapter 35 Land Development by obtaining a zoning permit or site plan approval as required therein.
c.
No person regulated hereunder, nor a holder of a license under the authority of N.J.S.A. 45:24-9 (see Subsection 5-1.4b and c), shall hawk, peddle and vend any goods, wares or merchandise, including but not limited to food, ice cream and soft drinks, upon any public beach or place of recreation or on any public street adjacent to such beach or place of recreation with exception of the parking lot in Dudley Park.
d.
No person shall shout, make any outcry, blow a horn, ring a bell
or use any sound device, including any loudspeaking radio or sound-amplifying
system, upon any of the streets, alleys, parks or other public places
of this municipality or upon any private premises, where sound of
sufficient volume is emitted or produced therefrom to be capable of
being plainly heard upon the streets, avenues, alleys, parks or other
public places, for the purpose of attracting attention to any goods,
wares or merchandise which such licensee proposes to sell.
[Ord. No. 2015-36-OAB § 2]
No person shall engage in the following acts:
a.
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
b.
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion, or national origin in the area has resulted or may
result in:
c.
Make any representations (or misrepresentations) concerning the listing
or sale of the anticipated listing for sale or the sale of any real
property in any residentially zoned areas for the purpose of inducing
or attempting to induce the sale or listing for sale of other real
property in such area.
d.
Make any representation to any prospective purchaser that any block,
neighborhood or area has, will, or might undergo an adverse change
with respect to the religious, racial, or ethnic composition of the
block, neighborhood or area for the purpose of discouraging the purchase
of property in a particular area.
e.
Place a sign purporting to offer for sale any property that is not
in fact offered for sale.
f.
Advertise for sale or rental property which is nonexistent or which
is not actually for sale or rental.
g.
Engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, cause panic, incite
unrest, create or play upon fear with the purpose of inducing or attempting
to induce the sale or listing for sale of real property.
h.
To solicit or canvass any owner whose name and property address is
included on the list maintained by the City Clerk of persons requesting
that they not be canvassed or solicited.
i.
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this article.
j.
To aid, abet, incite, compel or coerce any person to engage in any
of the practices forbidden by this article or to obstruct or prevent
any person from complying with the provisions of this article.
k.
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
l.
Solicit or attempt to solicit the sale or rental or the listing for
sale or rental of real property without furnishing in written form
to the owner or occupier of such real property the name of the person
or organization soliciting such sale, rental or listing.
[1974 Code § 101-11]
It shall be the duty of any Police Officer to enforce the provisions
of this section and require any person seen peddling, soliciting or
canvassing who is not known by such officer to be duly licensed, to
produce his license.
[Ord. No. 04-34-OAB § 4]
a.
The Township Clerk shall prepare a list of addresses of those premises
where the owner and/or occupant has notified the Clerk that canvassing,
peddling, itinerant vending and door-to-door sales enterprises are
not permitted on the premises (hereinafter referred to as the "Do
Not Knock" Registry). Notification shall be by completion of a form
available from the Township Clerk's Office during normal business
hours, by mail or by phone request. The list shall be updated January
1st and July 1st of each year.
b.
Any owner and/or occupant who has requested enlistment on the "Do Not Knock" Registry, pursuant to Subsection a herein, shall be able to obtain from the Clerk's Office, a sticker for display at his/her/its premises indicating enlistment on the "Do Not Knock" Registry.
c.
The Township Clerk shall submit the "Do Not Knock" Registry to the
Chief of Police biannually to be distributed to the applicants for
a license to peddle, canvass, vend or otherwise sell door-to-door
pursuant to the provisions of this section. The licensee shall not
peddle, canvass, vend or conduct door-to-door sales at any premises
identified on the then current "Do Not Knock" Registry.
[Ord. No. 2015-36-OAB § 3]
a.
Investigation and Public Hearing. Based on reports thereof, the Business
Administrator and Township Attorney, or their designees, are hereby
authorized to investigate incidents of solicitations of real estate
in the Township. This investigation may be conducted with the assistance
and advice of any and all Township Departments. As part of the investigation,
the Business Administrator and the Township Attorney, or their designees,
shall conduct a public hearing to determine the nature and extent
of, and to develop additional information concerning, these incidents.
b.
Report. The Business Administrator and Township Attorney, or their
designees, shall submit to the Township Council a report detailing
the findings of the investigations and any recommended action.
c.
Cease and Desist Zones.
1.
If, based on the results of the investigation and public hearing, the Township Council finds (a) that residential real property owners within a defined geographic area of the Township are subject to intense and repeated solicitations or canvassing by real estate brokers and salespersons, or other persons or entities, to list or sell their property; or (b) are subject to intense and repeated canvassing or solicitation by other persons regularly engaged in the trade or business of buying and selling real estate to list or sell their real estate; or (c) have been subject to discriminatory practices prohibited under Subsection 5-1.10A, the Township Council may, by ordinance, establish a "Cease and Desist Zone".
2.
The geographic boundaries of a Cease and Desist Zone shall be set
forth in the ordinance.
3.
The establishment of a Cease and Desist Zone prohibits real estate brokers, salespersons, or persons regularly engaged in the trade or business of buying and selling real estate, or any other persons or entities, from canvassing for or soliciting the listing or sale of real estate, as defined under Subsection 5-1.1, within the zone's geographic boundaries.
4.
Residential property owners who wish to continue to receive solicitations
may file an affirmative statement to that effect with the Township
Clerk.
5.
A Cease and Desist Zone may remain in effect for a period not to
exceed five years from its effective date; however, the zone may be
re-established or continued in accordance with the procedures previously
set forth. A Cease and Desist Zone may be repealed by ordinance of
the Township Council.
6.
The boundaries of a Cease and Desist Zone may not be amended unless
formally repealed by ordinance and a new zone established in accordance
with the procedures previously set forth.
d.
Violations and Penalties. Real estate brokers, salespersons, persons regularly engaged in the trade or business of buying and selling real estate, or any other person or entity, convicted of violating a Cease and Desist Zone are subject to the penalties set forth in Subsection 5-1.20 and may be subject to revocation of any license pursuant to Subsection 5-1.17.
[1974 Code § 101-12]
The Chief of Police shall maintain a record of all licenses
and registrations issued under the provisions of this section and
shall record therein all convictions for violations of this section
and other pertinent circumstances and incidents. A copy of these records
shall be forwarded, to the Township Clerk as a part of the official
records of the Township.
[1974 Code § 101-13; Ord. No. 92-40; Ord. No. 93-5]
a.
Licenses issued under the provisions of this section may be revoked
by the Mayor or his designee, after notice and hearing, for any of
the following causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license.
2.
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
3.
Any violation of this section. If a person or persons found to be in violation of this section are members of an organized group of canvassers, vendors or peddlers, and the person or persons are found to have violated any provision of this section two or more times in one year, then and in that event the Mayor or his designee may deny licenses to other members of the organized group and may revoke any and all licenses of other members of the group pursuant to the provisions of Subsection b, below.
4.
Indictment or conviction of any offense involving moral turpitude.
5.
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
6.
Conducting the business licensed with an unapproved or uninspected
vehicle where the sale of foodstuffs is involved.
7.
When any licensee, who is the 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.
Upon payment of the delinquent taxes or assessments, the license or
permit shall be restored. The provisions of this section shall not
apply to or include any alcoholic beverage license or permit issued
pursuant to the Alcoholic Beverage Control Act.
b.
Notice of the hearing for revocation of a license shall be given
in writing. Such notice shall set forth the specific grounds of complaint
and the time and place of hearing and shall be sent by registered
mail to the licensee at his last known address at least five days
prior to the date set for the hearing.
c.
Any party whose license has been revoked pursuant to Subsections a and b, above may file a written appeal to the Township Council within five days of the Mayor's revocation. The Council may hear an appeal in its discretion within 30 days thereafter. Any decision rendered by the Council is final and binding.
[1974 Code § 101-14; Ord. No. 92-40]
Any person aggrieved by the action of the Chief of Police in the denial of a license as provided in Subsection 5-1.7 shall have the right of appeal to the Mayor or his designee. Such appeal shall be taken by filing with the Mayor or his designee, within 10 days after the 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 the appeal. The Mayor or his designee shall set a time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in Subsection 5-1.17 for notice of hearing on revocation. The decision of the Mayor or his designee on such appeal shall be final and conclusive.
[1974 Code § 101-15]
All licenses issued under the provisions of this section shall expire December 31 of the year in which they are issued. Any license may be renewed upon payment of the license fee as stated in Subsection 5-1.6 and upon submission by the licensee of a new application in conformity with the requirements of Subsection 5-1.5 or, in lieu thereof, a sworn statement in writing setting forth all changes in the information contained in the application for the expired license which are necessary to bring the application completely up-to-date.
[1974 Code § 101-16; Ord. No. 88-43; New]
[1]
Editor's Note: Former § 5-2, Builders and Contractors,
previously codified herein and containing portions of 1974 Code §§ 111-2
through 111-12 and Ordinance Nos. 559 and 19-76 was deleted in its
entirety by Ordinance Nos. 13-31-OAB and 13-31a-OAB.
[1974 Code § 122-1; Ord. No. 92-55; Ord. No. 94-32]
The best interests of the Township and its residents are served
by the licensing and regulation of tow truck operators acting pursuant
to police request in conformance with New Jersey State law permitting
the regulation of the towing of motor vehicles.
[1974 Code § 122-2; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 2017-19-OAB § 1]
As used in this section:
Shall mean a private passenger automobile, station wagon,
light truck, van or similar type vehicle with a GVW of 8,000 or less.
Shall mean the removal and transportation of an automobile
from a highway, street or other public or private road or a parking
area, to or from a storage facility, and other services normally incidental
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 in the right-of-way or berm.
Shall mean the hours of 8:00 a.m. to 4:30 p.m. Monday through
Friday, except New Jersey State holidays.
Shall mean vehicles with a G.V.W.R.
Shall mean vehicles with a G.V.W.R. up to 10,000 pounds.
Shall mean vehicles with a G.V.W.R. of 10,001 to 26,000 pounds
Shall mean vehicles with a G.V.W.R. of 26,001 pounds or greater.
Shall mean the operation of an unengaged wrecker along the
public streets in any fashion and intended, likely or calculated to
solicit business.
Shall mean the towing of any vehicles by a licensed towing
operator acting pursuant to police request.
Shall mean all situations in which the Chief of Police or
his designee determines that specialized training, equipment or experience
is necessary to facilitate the removal of vehicle(s).
Shall mean the maximum loaded weight to be carried by a particular
chassis as specified by the manufacturer of the vehicle.
Shall mean a vehicle storage facility that is completely
indoors, having one or more openings in the wall for storage or removal
of vehicles, and that is secured by a locking device on each opening.
Shall mean 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 owner
of the vehicle, even if they were caused by the intentional acts of
a third party or perpetrator where the third party or perpetrator
was not the owner or not otherwise authorized to engage in such conduct
by the owner.
Shall mean all times not otherwise classified as "business
hours."
Shall mean 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 passive alarm system.
The facility is to be lighted at night with a minimum of three separate
500 watt fixtures.
Shall mean an automobile storage facility that is not indoors
and is not secured by a fence, wall or other man-made barrier, and
all other storage facilities not defined above as inside building
or outside secured.
Shall mean an electronically powered alarm system which is
activated by motion, heat or a beam interrupter system.
Shall mean the maximum allowable amount to be charged by
a storage facility for a twenty-four-hour period or fraction thereof.
A new twenty-four-hour period begins at 12:01 a.m.
Shall mean the storage capacity of a facility as measured
by the number of vehicles which may be safely stored at a given location.
Shall mean an area designed for the placement of a motor
vehicle with a minimum dimension of 10 feet in width by 20 feet in
length.
Shall mean 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 private
passenger automobiles.
Shall mean the towing operator's principal place of business
where the tow vehicle is stationed when not in use.
Shall mean a person, firm or corporation engaged in the business of providing towing or wrecker services for vehicles towed, which services are made available to the general public upon such maximum rates, charges or fees as contained in Subsections 5-3.14, 5-3.15 and 5-3.16 herein and who is licensed under the provisions of this section.
Shall mean the act of connecting a cable from the wrecker
to a vehicle which has left the travelled portion of the roadway as
a result of a motor vehicle accident or similar driver action or inaction.
Shall mean a vehicle driven by mechanical power and employed
for the purpose of towing, transporting, conveying or removing any
and all kinds of vehicles or parts of vehicles which are unable to
be operated under their own power, for which a service charge or fee
is enacted.
[1974 Code § 122-3; Ord. No. 92-55; Ord. No. 94-32]
No towing operator shall engage in emergency towing services
within the Township without first obtaining a towing license in accordance
with the provisions of this section. Specifically exempted from this
license requirement is the towing, transporting, conveying or removing
of vehicles from private property within the Township or towing operators
which are directly and privately engaged or designated by the owner
of the vehicles to be towed, transported, conveyed or removed.
[1974 Code § 122-4; Ord. No. 92-55; Ord. No. 94-32]
a.
Equipment Requirements. No license shall be issued to a towing operator
who does not possess, for utilization in this business, the equipment
outlined in Subsections 1 through 4 below. This equipment shall be
titled, registered and insured in the name of the licensee. It shall
be inspected by the Chief of Police or his authorized representative
prior to a license being issued. The required equipment is as follows:
1.
At least one wrecker with a J-hook and/or front-wheel lift which
is capable of towing both front-wheel-drive and rear-wheel-drive vehicles
with a GVW of up to 8,000 pounds.
2.
At least one flatbed or car carrier with at least one car capacity
capable of removing and carrying a vehicle with a GVW up to 10,000
pounds.
3.
At least one vehicle equipped with tie-down equipment for the carrying
of motorcycles, mopeds, ATVs, bicycles, go-carts and other similar
off-road vehicles having a weight of up to 2,000 pounds.
4.
Safety equipment to be carried on all tow trucks should include a
universal towing sling; tow hooks and chains; one snatch block for
3/8 to 1/2 inch cable; two high-test safety chains; auxiliary safety
light kit to place on the rear of a towed vehicle; licensed 360°
revolving amber light; tool box with assortment of hand tools; rear
working lights and rear marker lights; cab lights; body clearing lights
located to clear a towed vehicle; blocking choke for the wrecker while
working; safety cones; shovel and broom; 30 gallon refuse container;
steering wheel lock or tie-down; two-way radio communication system;
with at least one ABC-type fire extinguisher, 15 pound minimum.
b.
Other Facilities. Each towing operator shall maintain within five
miles of the Township limits both an outside secured storage facility
for twenty-four-hour security and an inside secured storage facility
for the storing of impounded vehicles involved in criminal transaction,
the close proximity of such facilities being requisite to the efficient
and economical performance of the tow operator's duties.
[Amended 11-19-2018 by Ord. No. 18-60-OA]
c.
General Standards.
1.
All towing operators and their employees shall be fully trained and
knowledgeable in the operation of all required equipment and shall
successfully complete a certification examination administered by
the Chief of Police or his/her authorized representative.
2.
All towing operators and their employees shall display to the Chief
of Police or his/her authorized representative on an annual basis
a valid New Jersey driver's license and commercial driver's license
and shall be subject to background investigation by the Berkeley Township
Police Department.
3.
All towing operators must be available for service on a twenty-four-hour,
seven day a week basis while on any rotating list for police towing.
4.
Insurance.
(a)
All towing operators shall maintain and produce proof of the
following insurance coverage to the Township Clerk:
(1)
Garage keepers' liability policy in the amount of $300,000 for
any one claimant, and $1,000,000 for more than one claimant, with
$100,000 of coverage for property damage for any one event.
(2)
Automobile liability insurance in an amount not less than $1,000,000
combined single limits.
(3)
A general liability policy which holds the Township harmless
for any and all risk of loss of liability.
(4)
Automobile insurance policy endorsed to provide collision coverage
for vehicles in tow.
(b)
All insurance policies outlined above shall name the Township
as an additional insured.
5.
All towing operators shall be required to have a favorable review
from both the Better Business Bureau and the Ocean County Department
of Consumer Affairs.
6.
All towing operators, to the degree possible, shall be located within
their towing areas in order to ensure response to calls within 20
minutes during business hours and 30 minutes during night, weekend
and holiday hours.
[1974 Code § 122-5; Ord. No. 92-55; Ord. No. 94-32]
a.
Any person applying for a license under this section shall complete
and file with the Township Clerk an application form, which shall
be made available by the Township Clerk, and which shall call for
the following information:
1.
The name and address of the person or entity to be licensed.
2.
The make, model and motor vehicle registration number of each vehicle
to be employed by the licensee and its towing operation. This shall
include a copy of a valid New Jersey registration certificate.
3.
The street address and lot and block number and description of the
location to be maintained by the licensee as a storage area.
4.
The name, address, social security number, date of birth and driver's
license number of all employees of the applicant.
5.
If the applicant is a corporation, partnership or other entity, the
names, addresses and social security numbers of each individual holding
an interest in the ownership of such corporation, partnership or other
entity.
6.
If the applicant is a corporation, partnership or other entity, copies
of the articles of incorporation, together with a list of the names,
addresses and social security numbers of all officers and employees
of such corporation, partnership or other entity.
8.
A statement of nondiscrimination in employment practices as required
by law.
9.
Proof of worker's compensation coverage for employees as required
by law.
b.
Such application shall be accompanied by a fee payable to the Township
in the amount of $100. Upon the issuance of a license under this section,
an additional fee of $250 shall be payable by the applicant to the
Township. The fees provided for under this section shall be nonrefundable
for any reason.
c.
Upon receipt of a completed application, together with the application fee provided in Subsection b above, the Township Clerk shall forward a copy of the application to the Chief of Police, who shall review the application, and the Chief of Police or his/her designee shall inspect all storage facilities and tow vehicles/wreckers to determine whether the applicant meets those licensing standards and rules and regulations provided for in this section. After his/her review, the Chief of Police shall forward a written report to the Township Council indicating his/her recommendation as to whether the application shall be approved.
d.
Upon the receipt of such written recommendation, the Township Council
shall either approve or disapprove the issuance of a license under
this section. Should the Township Council approve the issuance of
a license, the applicant shall be issued a license in a form promulgated
by the Chief of Police, which shall contain the name and address of
the licensee, a license identification number and the signature of
the Chief of Police.
[1974 Code § 122-6; Ord. No. 92-55; Ord. No. 94-32]
Licenses issued pursuant to this section shall be valid from
January 1 of any calendar year or the date of their issuance, whichever
is earlier, through December 31 of each calendar year. All applications
for licenses or renewals of licenses shall be submitted in accordance
with this section between November 1 and November 30 for consideration
during the upcoming year.
[1974 Code § 122-7; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 2017-19-OAB § 2]
In order to ensure the provision of a safe and efficient towing
service, towing licenses pursuant to this section shall be issued
upon the following basis:
a.
Mainland. Five licenses for those portions of the Township of Berkeley
lying west of the Barnegat Bay may be issued by the Township.
b.
Beach Areas: Pelican Island and South Seaside Park. For those sections
of the Township lying east of the Barnegat Bay, one or more licenses
may be issued. Should no licenses be issued under this section for
the beach area of the Township of Berkeley, the Chief of Police or
his/her authorized representative may use towing services outside
the Township or beach area.
[1974 Code § 122-8; Ord. No. 92-55; Ord. No. 94-32]
The Township reserves the right to rotate licensees on a weekly
basis in order to ensure the provision of safe, prompt and efficient
towing services within the borders of the Township.
[1974 Code § 122-9; Ord. No. 92-55; Ord. No. 94-32]
a.
The Governing Body hereby designates the Police Department generally and the Chief of Police particularly as the supervising authority to enforce the provisions of this section as well as any rules and regulations adopted hereunder. The following shall constitute a list of rules and regulations, which may be amended and supplemented as provided in Subsection b:
1.
No towing operator shall engage in cruising as defined in this section.
2.
No towing operator shall solicit or attempt to divert patrons of
another towing operator, whether or not licensed under this section,
nor shall a towing operator solicit or divert prospective patrons
of a given repair service to another repair service.
3.
No flashing lights or sirens shall be used by a towing operator except
by permission granted by the Chief of Police under the provisions
of N.J.S.A. 39:11-1 et seq.
4.
Prior to license renewal and again during the months of May through
July, and at such other times as the Chief of Police shall deem necessary
to investigate any complaints for violating any provision of this
section, each towing licensee under this section shall be inspected
by a representative of the Police Department for fitness to receive/maintain
a license pursuant to the terms of this section.
5.
Each licensed towing operator shall at all times maintain and carry
the necessary equipment to remove disabled or locked vehicles or equipment
necessary to operate or open vehicles.
6.
Each towing operator, prior to departure from the scene of the towing
services, shall clean and clear the streets of any customary debris
resulting from any accident at such scene and shall at all times carry
the necessary equipment to perform such cleaning services.
7.
No towing operator, licensed under this section or otherwise, shall
respond to the scene of an accident except upon the request of the
driver or owner of the vehicle or vehicles involved, or except upon
notification by the channel of communication established by the Police
Department to notify licensed towing operators of the necessity of
its presence. The officer investigating accidents that require towing
service shall get verbal authorization from the driver or owner when
an unlicensed towing service is to be engaged.
8.
The refusal of a tow operator to tow from a scene, the type of car
refused and the reason for the refusal, if know, shall be reported
by the Police Officer assigned to the incident, to his/her superior.
The report of refusal shall be furnished to the Chief of Police and
the Township Clerk as soon as is practicable.
9.
Towing operators shall arrive at the scene to which dispatched within
a reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is defined as within 20 minutes during
business hours and 30 minutes during night, weekend and holiday hours.
10.
When an unusual situation occurs which may be dangerous to the safety
of the public, such as dangerous cargo, solvents, fluids, natural
gas, etc., or where specialized equipment not required by licensees
under this section may be required, the most qualified towing operator
will be selected by the Berkeley Township Police Department without
regard to any list established or license required under this section.
11.
When no designation has been made, licensed towing operators are
authorized to remove the vehicle to the towing operator's place of
business, except as provided herein.
12.
No towing operator shall perform any repair work on a motor vehicle
which has been towed, hauled, winched, stored or impounded pursuant
to the authority contained in this section, without the voluntary
written authorization of the owner of the vehicle. Nothing in this
section shall be constructed as prohibiting towing operators or their
employees from making whatever repairs are needed in order to safely
transport or tow the disabled vehicle.
13.
Where vehicles are towed to premises controlled by the Police Department
for purposes of utilizing the vehicle or its contents as evidence
or for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes the Police Department
with a receipt that towing service fees have been paid or otherwise
waived pursuant to the provisions of this section.
14.
No prepaid fee shall be charged by a licensed towing operator to
the owner of a stolen motor vehicle which has been recovered by the
Chief of Police or his/her authorized representative and towed to
premises controlled by the Police Department for the purpose of utilizing
the vehicle or its contents as evidence. In such cases, the licensed
towing operator will be required to release the vehicle to the owner
without pre-payment. The towing operator shall agree to accept payment
as follows:
15.
In all cases where motor vehicles are towed for illegal parking,
summonses for such offenses shall be issued prior to towing.
16.
No towing operator shall employ, directly or indirectly, any personnel
or employees of the Police Department.
17.
Each licensee under this section shall maintain a log on forms to
be provided by the Chief of Police or his/her authorized representative
of all vehicles towed, stored and released and all other services
rendered, together with an itemized list of all fees charged for any
such vehicle, which log shall be provided to the Chief of Police or
his/her authorized representative on both a monthly basis and upon
request during regular business hours.
18.
In the event that an operator of a towing service is not responsive
within 20 minutes during business hours and 30 minutes during night,
weekend and holiday hours, the officer on the scene may call the next
towing service on any list maintained by the Police Department.
19.
Each towing operator shall utilize auxiliary lighting equipment on
all towed vehicles unless the brake and tail lights of the towed vehicles
may be placed in proper working order prior to any tow.
b.
The Chief of Police shall be empowered to promulgate additional rules
and regulations which, in his/her judgment, shall be necessary in
order to enforce and implement the standards, requirements and rules
and regulations provided for under this section. Such rules and regulations
shall not become effective until approved by resolution adopted by
the Township Council. Upon the adoption of such resolution, the Township
Clerk shall forward a copy of such rules and regulations to each such
person or entity licensed under this section by certified mail, return
receipt requested.
c.
The Berkeley Township Police Department shall maintain a log of dates,
times and locations of all calls to licensed tow operators under this
section. The records shall be available for inspection by any licensed
towing operator upon reasonable notice.
d.
The Township Clerk shall maintain such regulations and fee schedules
of individual licensed tow operators for inspection by the public
during the normal business hours of the Township.
[1974 Code § 122-10; Ord. No. 92-55; Ord. No. 94-32]
a.
The Chief of Police or his/her designee shall have the authority
to issue written warnings to tow operators who violate any of the
following provisions:
3.
Failure to provide a written estimate of storage charges to the owner/driver of a towed vehicle: Subsection 5-3.16.
4.
Exerting undue influence upon the owner/driver of a towed vehicle to have repair work completed at the tow operator's place of business: Subsection 5-3.9a12.
5.
Such other violations of the rules and regulations of this section
as the Chief of Police or his/her designee shall determine to be appropriate
for a written warning and not for more severe sanctions under this
section.
c.
The Chief of Police or his/her designee shall have the authority to summarily suspend the license of a tow operator for a third violation of any of the provisions of Subsection a above or for any of the following violations:
1.
Overcharging of rates.
2.
Use of unapproved equipment.
3.
Damaging vehicles in tow due to the incompetence of the tow operator.
4.
Creating a hazardous condition.
5.
Failing to follow the directions of a Police Officer.
6.
Interfering with the Police.
7.
Failure to remove towed vehicle to the location specified by the
Police.
8.
Use of unlicensed operators.
9.
Use of unlicensed equipment.
10.
Any other situation in which the Chief of Police or his/her designee
determines that a summary suspension is in the best interest of the
public health, safety or welfare of the Berkeley Township Police Department,
the Township of Berkeley or its citizens.
d.
The Township Council shall have the right to suspend or revoke any
licenses issued under this section for good cause shown, upon written
complaint of the Chief of Police or his/her designee following his/her
determination that there is probable cause for a revocation or suspension.
1.
Written notice of such complaint and the basis of the complaint shall
be given to the towing operator, along with notification of any summary
suspension imposed.
2.
Any summary suspension imposed under Subsection c above shall constitute probable cause for revocation or suspension and shall remain in effect pending final determination of the complaint by the Township Council.
3.
Except as provided below, within 10 days from the receipt of written
notice of such complaint and the basis therefor, the towing operator
may request, in writing, a hearing before the Township Council President
prior to the final determination of the complaint by the Township
Council.
4.
Where a tow operator is charged with the use of unlicensed operators
or equipment and no hearing is requested within five days from the
receipt of written notice of such complaint and the basis therefor,
the matter will be submitted to the Township Council for final determination
on the suspension or revocation of the tow operator's license under
this section.
5.
In all other cases, or where no hearing is requested, the Township
Council shall make a final determination on the suspension or revocation
of the tow operator's license under this section within a reasonable
time after the expiration of the ten-day period following the operator's
receipt of written notice of such complaint and the basis of the same.
[1974 Code § 122-12; Ord. No. 92-55; Ord. No. 94-32]
Only one license shall be issued to any person or entity. No
license shall be issued to any person or entity where any of its owners,
principals, partners, officers or employees are owners, principals,
partners or officers of any other towing operator licensed under this
section.
[1974 Code § 122-13; Ord. No. 92-55; Ord. No. 94-32]
No license issued pursuant to this section shall be transferable,
and, upon cessation of activity through revocation or otherwise, the
license shall be deemed to be null and void.
[1974 Code § 122-14; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 06-57-OA § 1; Ord. No. 11-09-OAB; Ord.
No. 2017-19-OAB § 3]
a.
No licensee shall charge more than the following fees:
1.
2.
Township Vehicles. Notwithstanding the foregoing, the fees for towing
Township vehicles or changing tires on Township vehicles shall be
$50 for vehicles 9,000 pounds or less per incident.
3.
For winching of disabled vehicles as follows:
(a)
Class 1 and 2 vehicles - $150 an hour.
(b)
Class 3, 4, 5 and 6 vehicles - $200 an hour.
(c)
Class 7 and 8 vehicles - $275 an hour.
(d)
Dolly use/Air Line disconnect/Release linkage, brakes (per axle)
- $25 each.
(e)
No tow agency shall be allowed to charge any fee not defined
in this section unless previously authorized by owner or lessee of
the vehicle being towed.
(f)
Towing rates must be posted in a conspicuous place of each tower's
business where it will be visible to the general public.
4.
For recovery of stolen vehicles as follows:
(a)
Vehicles which have all wheels and are capable of being towed safely, the rates as shown in Subsection a1 of this section shall be applicable.
(b)
All stolen vehicles recovered and towed under this section shall
be taken to a location as directed by the Berkeley Township Police
Department.
(d)
No storage or administrative fees will be charged for recovered
stolen vehicles.
[1974 Code § 122-15; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 06-57-OA § 2]
No licensee shall charge more than a rate of $35 for road service,
together with the following:
[1974 Code § 122-16; Ord. No. 92-55; Ord. No. 94-32; Ord. No. 06-57-OA § 3]
a.
c.
These rates shall be posted in a prominent place at the licensee's
business establishment and shall be provided to customers prior to
any tow where storage will/may be involved. They shall also be printed
upon or appended to any invoice or receipt given to the owner of any
vehicle towed under this section.
d.
Notwithstanding the provisions above, no tow operator shall charge
the Township any fees for the storage of abandoned, unclaimed or municipal
vehicles which exceed the following rates established by N.J.S.A.
40:48-2.50:
1.
A limit of $3 per day for the first 30 days of storage per vehicle.
2.
A limit of $2 per day for the 31st day of storage and any day thereafter.
3.
A limit of $400 per vehicle stored regardless of the duration of
the storage; except that a waiver may be granted for good cause shown
upon the request of a municipality to the Division of Local Government
Services in the Department of Community Affairs.
[Amended 1-28-2019 by Ord. No. 19-02-OAB]
In view of the public health concerns associated with the use of kratom, the sale of kratom within the Township of Berkeley is hereby prohibited. This ban shall not apply to any establishments selling kratom prior to the adoption of this section. Violation of this section shall be subject to the penalties set forth in § 1-5.
[1974 Code § 113-1; Ord. No. 10-78]
No person shall advertise, represent or hold out that any sale
of goods, wares and merchandise is an insurance salvage, bankruptcy
stock, mortgage, insolvent, assignee's, executor's, administrator's,
receiver's, expiration of lease, closing-out, selling out or quitting
business at any particular location sale; or a sale of goods, wares
and merchandise damaged by fire, smoke, water or otherwise; or a sale
of the goods, wares and merchandise of a former owner thereof, whether
in the seller's own name or that of the form owner, at any location
other than the seller's bona fide retail establishment where he has
been in business for a period of at least one year prior thereto in
the Township; and it shall be unlawful for any person, in any of the
advertising in connection with any sale, except at a sale conducted
at the seller's bona fide retail establishment where he has been in
business for a period of at least one year, to use the words "bankrupt,"
"bankrupt stock," "United States District Court," "assignee," "receiver"
or "trustee" without first filing with the Township Clerk the inventory
hereinafter provided for and obtaining from the Township a license
so to do, to be known as a "closing-out-sale license;" provided, however,
that nothing in this section shall be deemed to apply to:
a.
Sheriffs, constables and other public or court officers.
b.
Any other person, acting under the direction of any court of record,
selling goods, wares and merchandise in the course of his/her official
duties.
c.
Any publisher of a newspaper, magazine or other publication who publishes
in good faith any advertisement without knowledge of its false, deceptive
or misleading character or without knowledge that the provisions of
this section have not been complied with.
[1974 Code § 113-2; Ord. No. 10-78]
Only one such license shall be issued to any one such person
within a twelve-month period, and no such license shall be issued
for more than 30 days.
[1974 Code § 113-3; Ord. No. 10-78]
a.
The inventory required by Subsection 5-6.1 shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the cost/price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized. By affidavit at the foot thereof, he or such agent shall swear or affirm that the information therein given is full and true and known by him or such agent to be so.
b.
It shall be unlawful to sell, offer or expose for sale at any such
sale or to list on such inventory any goods, wares or merchandise
which is not the regular stock of the store or other place, the business
of which is to be closed out by such sale, or to make any replenishments
or additions to such stock for the purposes of such sale or during
the time thereof, or to fail, neglect or refuse to keep accurate records
of the articles or things sold, from which records the Township may
ascertain the kind and quantity or number sold.
[1974 Code § 113-4; Ord. No. 10-78]
The Township may, in its discretion, verify the details of an
inventory filed for the purpose of obtaining a closing-out-sale license
or it may make a check and verify the items of merchandise sold during
the sale, and it shall be unlawful for any person to whom a closing-out-sale
license has been issued to fail or refuse to give the Township, the
Code Enforcement Officer or any person designated by it for that purpose,
all the facts connected with the stock on hand or the proper information
of goods sold or any other information that it may require in order
to make a thorough investigation of all phases connected with the
sale.
[1974 Code § 113-5; Ord. No. 10-78]
a.
The license to be issued under the provisions of this section shall
not authorize any person except the designated licensee to engage
in business under each license. Such license shall not be transferable
from the person to whom issued to any other person, except upon the
transferee complying with all the provisions of this section in relation
to original application and license, and shall then only be transferable
in case the original license is in order.
[1974 Code § 113-6; Ord. No. 10-78]
The license referred to herein shall be on display at all times
at the place designated in the application for such license.
[1974 Code § 113-7; Ord. No. 10-78]
A license may be revoked by the Township for the violation of
the terms of the license or falsification in applying for the license
or when, in the opinion of the Township, the business so licensed
is conducted in a manner contrary to law or to the public health or
to the safety of the life or limb of the public. Before a license
is revoked, the licensee shall be accorded a hearing before the Township
Council upon at least two days' notice, in writing. The decision of
the Township Council shall be final as to revocation.
[1974 Code § 113-8; Ord. No. 10-78]
A license may be suspended for not more than two weeks by the
Township Council upon probable cause being shown that the license
should be revoked.
[1974 Code § 113-9; Ord. No. 10-78]
The Township Council shall hold such hearing and make such investigations
as it may deem necessary in carrying out the provisions of this section
in relation to suspension or revocation of licenses.
[1974 Code § 113-10; Ord. No. 10-78]
No person shall:
a.
Prior to the acquisition of a license, conduct the sale, advertise
the sale or proposed sale by any means whatsoever.
b.
Permit any advertisement of the sale to continue after the licensed
period of the sale has run.
c.
Bring or permit to be brought to the licensed premises or place where
the sale is being conducted any goods, wares or merchandise not included
in the inventory during the licensed period of the sale.
d.
Falsely advertise the sale or any phase of it or any of the goods,
wares or merchandise sold or offered or listed for sale.
e.
Conduct or continue the sale after the licensed period has run.
f.
Fail to submit with an application for a license a complete schedule
of the advertisement medium or mediums to be used in the sale. No
advertisement of such sale shall be painted or erected on or in any
premises other than where the sale is licensed to be held.
g.
Fail to notify the Township Clerk, in writing, when the sale is concluded.
When the sale is concluded, all advertising of the sale shall be immediately
discontinued.
h.
Make application for such sale until all taxes levied by the municipality
against the personal property to be sold have been paid.
i.
Make an application for a sale at any premises which is or may become,
during the proposed sale period, unsafe for such purpose.
[1974 Code § 113-11; Ord. No. 88-43; New]
[1974 Code § 113-14; Ord. No. 88-55; Ord. No. 01-36-OAB]
As used in this section:
Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "estate sale," "rummage sale," "yard sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public-at-large is or can be made aware of the sale. Flea markets shall be regulated under § 5-8.
Shall mean and include any goods, warehouse merchandise or
other property capable of being the object of a sale regulated hereunder.
Shall mean and include individuals, partnerships, associations and corporations for profit. All nonprofit associations and organizations such as, but not limited to, homeowners' associations and first aid and volunteer fire companies shall be governed by § 5-8.
[1974 Code § 113-15; Ord. No. 88-55; Ord. No. 06-34-OAB § 1]
A garage or yard sale can be conducted between the hours of
9:00 a.m. and 5:00 p.m., Monday through Sunday.
[1974 Code § 113-16; Ord. No. 88-55; amended 4-17-2023 by Ord. No. 23-16-OAB]
A garage or yard sale can only be conducted by the assessed
owner of the premises. If an individual or business other than the
assessed owner(s) is conducting the sale, they shall provide the Township
with a notarized letter or contract from the assessed owner(s) granting
approval to conduct the sale. Any business conducting the sale shall
provide a copy of their current insurance policy covering the business.
[1974 Code § 113-17; Ord. No. 88-55; Ord. No. 01-26-OAB; Ord. No. 11-02-OAB; 8-26-2019 by Ord. No. 19-29-OAB]
The assessed owner of a property may have two garage or yard
sales per year. Each sale may not consist of more than three consecutive
days. A permit is required to be obtained from the Municipal Clerk
for each and every yard sale conducted. There is no fee for the first
permit. Thereafter, the Municipal Clerk shall charge a nonrefundable
fee of $5 per permit.
[1974 Code § 113-18; Ord. No. 88-55]
Garage or yard sales are not permitted on the premises of apartment
complexes.
[1974 Code § 113-19; Ord. No. 88-55; Ord. No. 2014-29-OAB]
a.
Garage or yard sale signs shall be set back at least 10 feet from
the curb or highway.
b.
Only two signs are permitted for a garage or yard sale.
c.
A garage or yard sale sign cannot measure more than four feet wide
and four feet high and must be properly mounted to stand free.
d.
A garage or yard sale sign can be posted on trees, poles, shrubs,
vehicles, dwellings or structures.
e.
Signs shall be permitted to be posted 24 hours in advance of any
garage sale and must be removed within 24 hours after the sale.
[1974 Code § 113-20; Ord. No. 88-55]
All articles, tables, displays, racks, etc., shall be set back
at least 10 feet from the curb or highway.
[1974 Code § 113-21; Ord. No. 88-55]
[1974 Code § 113-22; Ord. No. 88-55]
All garage or yard sales cannot impede nor cause to disrupt
motoring traffic or neighborhood parking.
[1974 Code § 113-23; Ord. No. 88-55]
All garage or yard sale items, tables, displays and signs shall
be removed from the premises at the end of each sale day.
[1974 Code § 113-24; Ord. No. 88-55]
No food or beverages may be sold or offered free at a yard or
garage sale.
[1974 Code § 113-25; Ord. No. 88-55]
No hawking or sound device, recording system or public address
system can be used at a garage or yard sale.
[1974 Code § 113-26; Ord. No. 88-55; New]
[1974 Code § 81D-1; Ord. No. 19-83]
a.
FLEA MARKET
For the purposes of this section, the following terms shall have
the meanings indicated:
Shall mean a sale of items of tangible personal property
wherein on one location there are one or more vendors who have paid
a fee for the privilege of occupying this space allotted to such vendor
or vendors for the purpose of displaying and selling items of tangible
personal property, other than in a building or structure which is
a valid nonconforming structure or which has received site plan approval.
[1974 Code § 81D-2; Ord. No. 19-83]
No person, firm or corporation may conduct or operate a flea
market, other than a bona fide charitable, eleemosynary, educational,
cultural organization or a public service organization, such as but
not limited to a first-aid squad or volunteer fire company, all of
which are not organized for profit; subject, however, to the following
requirements:
a.
Each organization authorized to conduct or participate in displaying
or selling at a flea market in accordance with this section shall
file an application with the Township Clerk with a fee of $10 prior
to the commencement of any such flea market sale, which application
shall set forth:
1.
The name of the organization conducting the sale.
2.
The name and address of the owner of property upon which the flea
market sale is to be conducted.
3.
Written consent of the owner of the property, if the applicant is
other than the owner of the property.
4.
The street address or Tax Map lot and block of location at which
the flea market sale is to be conducted.
5.
A copy of the charter, certificate of incorporation or other evidence
of the organization's being a bona fide charitable, eleemosynary,
educational, cultural or public service organization organized not
for profit.
6.
A sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
b.
In the event the application is in proper form, the Clerk shall issue
a permit.
[1974 Code § 81D-3; Ord. No. 19-83]
No flea market shall be more than three consecutive days in
duration.
[1974 Code § 81D-4; Ord. No. 19-83]
In the event that any charitable organization holds more than four flea markets in one calendar year, a license must be obtained; an application and a fee shall be forwarded to the Township Clerk by such organization for such license. The license fee shall be $50. The application for a license shall contain the following information, in addition to the information contained in Subsection 5-8.2.
a.
The proposed dates and duration of flea markets.
[1974 Code § 81D-5; Ord. No. 19-83]
Names and addresses of all parties and individuals who have
paid a fee for the privilege of occupying an allotted space at any
flea market shall be retained by the licensee for a period of one
year. The list shall be available for police inspection any time.
[1974 Code § 81D-6; Ord. No. 19-83]
No flea market shall be conducted prior to 9:00 a.m. and subsequent
to 8:00 p.m.
[1974 Code § 81D-7; Ord. No. 19-83]
No flea market shall be so situated or conducted in such a manner
as it shall interfere with the free flow of traffic or provide, in
the estimation of the Police Department, a hazard to the public health,
safety or welfare. The police shall have the authority to require
that certain safety devices be erected if warranted. If the requirements
are not met, then the police shall have the authority to close down
the flea market.
[1974 Code § 81D-8; Ord. No. 19-83]
Any and all signs shall comply with the sign regulations of
the Township.
[1974 Code § 81D-9; Ord. No. 19-83; Ord. No. 88-43; New]
[Ord. No. 2014-22-OAB]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering stolen precious metals
and other secondhand goods by requiring minimum identification, reporting,
and maintenance and distribution criteria for licensed dealers in
these goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of precious metals
or other secondhand goods without complying with the requirements
of this section in the exact manner described herein.
[Ord. No. 2014-22-OAB]
Shall mean a current valid New Jersey Driver's License or
Identification Card, a current valid photo driver's license issued
by another US state, a valid United States Passport, or other verifiable
US Government issued identification, which will be recorded on the
receipt retained by the dealer and subsequently forwarded to the local
police department on request.
Shall mean any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates any of the following trades or businesses: the buying
for purposes of resale of precious metals, jewelry, or other secondhand
goods as defined herein; pawnbrokers as defined herein; itinerant
businesses as defined herein. For the purposes of this section, transient
buyers, as defined herein, are subject to the same licensing and reporting
requirements as any other dealers.
Shall mean a dealer who conducts business intermittently
within the municipality or at varying locations.
Shall mean the statutory officer whose duties are defined
in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of
the "city," "town," "township," "village," or "borough."
Shall mean any person, partnership, association or corporation:
lending money on deposit or pledge of personal property, other than
choses in action, securities, or printed evidences of indebtedness;
purchasing personal property on condition of selling it back at a
stipulated price; or doing business as furniture storage warehousemen
and lending money on goods, wares or merchandise pledged or deposited
as collateral security.
Shall mean gold, silver, platinum, palladium, and their alloys
as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean every transaction conducted between a dealer and
a member of the public in which precious metals, jewelry, or any other
secondhand goods as defined herein are purchased or pawned.
Shall mean used goods such as antiques, gold, silver, platinum,
or other precious metals, jewelry, coins, gemstones, gift cards, any
tools, telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For the purposes of this section, secondhand goods shall
not include goods transacted in the following manner: (i) judicial
sales or sales by executors or administrators; (ii) occasional or
auction sales of household goods sold from private homes; (iii) auctions
of real estate; (iv) the occasional sale, purchase, or exchange of
coins or stamps by a person at his permanent residence or in any municipally
owned building who is engaged in the hobby of collecting coins or
stamps and who does not solicit the sale, purchase, or exchange of
such coins or stamps to or from the general public by billboard, sign,
handbill, newspaper, magazine, radio, television, or other form of
printed or electronic advertising.
Shall mean a member of the public who sells or pawns used
goods such as precious metal, jewelry, or other secondhand goods to
a dealer.
Shall mean a dealer, as defined herein, who has not been
in a registered retail business continuously for at least six months
at any address in the municipality where the Dealer is required to
register or who intends to close out or discontinue all retail business
within six months.
[Ord. No. 2014-22-OAB]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in Subsection 5-9.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this section. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in Subsection 5-9.9.
[Ord. No. 2014-22-OAB]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this section for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale of those articles or goods referred to in Subsection 5-9.2 above, although nothing in this section shall be construed to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 5-9.6d of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under Subsection 5-9.6a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a coconspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 5-9.5, the retention and inspection requirements of Subsection 5-9.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 5-9.8 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a dealer of secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 2014-22-OAB]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in Subsection 5-9.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 5-9.2, in a format acceptable by the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
6.
The receipt number;
7.
A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8.
The price paid for the purchase or pawn of the item(s);
9.
If precious metals, the net weight in terms of pounds Troy, pennyweight
(Troy) or kilograms/grams; fineness in terms of karats for gold, and
sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A.
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in Subsection c above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section[1] and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized Police Officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in Subsection c above.
[1]
Editor's Note: This section was adopted 9-22-2014 by Ord.
No. 2014-22-OAB
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 5-9.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in Subsection 5-9.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. 2014-22-OAB]
a.
All precious metals, jewelry, and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 5-9.5. All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 5-9.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
precious metals or other secondhand goods for such period, the dealer
may present the property to the Chief of Police in order that it may
be photographed and, if deemed necessary by the Chief of Police, an
investigation may be implemented. The Chief of Police shall have the
authority to grant the dealer a waiver of the requirement under this
section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in Subsection 5-9.5c.
e.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 5-9.9 of this section.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal pursuant to Subsection h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chiefs designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection h.
g.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chiefs designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 5-9.9.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any other regulations or local
ordinances within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police or the
Chiefs designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating as a dealer of precious metals or other secondhand
goods within the municipality.
h.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
i.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
[Ord. No. 2014-22-OAB]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this section, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the [party
municipality], be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this chapter."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
[Ord. No. 2014-22-OAB]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 5-9.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2014-22-OAB]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsections 5-9.6f and 5-9.6g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 5-9.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2014-22-OAB]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the business of a pawnbroker, or a dealer
in precious metals or other secondhand goods shall conform to the
provisions of this section within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1
et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq.,
the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or
any other statutory provision regarding any subject matter discussed
herein.
d.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
[Ord. No. 2014-22-OAB]
The purpose and intent of this section is to assist law enforcement
officials and victims of crime in recovering scrap metal by requiring
minimum identification, reporting, maintenance, and distribution criteria
for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade,
or occupation of the buying, selling, or pawning of scrap metal without
complying with the requirements of this section in the exact manner
described herein.
[Ord. No. 2014-22-OAB]
Shall mean a current valid New Jersey Driver's License or
Identification Card, a current valid photo driver's license issued
by another US state, a valid United States Passport, or other verifiable
US Government issued identification, which will be recorded on the
receipt retained by the dealer and subsequently forwarded to the local
police department on request.
Shall mean any person, partnership, limited liability company,
corporation, or other entity who, either wholly or in part, engages
in or operates a scrap metal business involving the buying and/or
selling of scrap metal as defined herein, including itinerant businesses,
and transient buyers as defined herein.
Shall mean any scrap metal dealer who conducts business intermittently
within the municipality or at varying locations.
Shall mean the statutory officer whose duties are defined
in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of
the "city," "town," "township," "village," or "borough."
Shall mean individuals and retail sellers, not to include
wholesale transactions or transactions between other merchants.
Shall mean every transaction conducted between a dealer and
a member of the public in which scrap metal is purchased or pawned.
Shall mean used, discarded, or previously owned items that
consist predominantly of ferrous metals, aluminum, brass, copper,
lead, chromium, tin, nickel, or alloys.
Shall mean a commercial establishment, which, as one of its
principal business purposes, purchases scrap metal for purposes of
resale or processing including transient buyers of scrap metal and
itinerant businesses, as defined herein.
Shall mean a member of the public who sells scrap metal to
a dealer.
Shall mean an operator of a scrap metal business, as defined
herein, who has not been in the scrap metal business continuously
for at least six months at any address in the municipality where the
dealer is required to register or who intends to close out or discontinue
the scrap metal business within six months.
[Ord. No. 2014-22-OAB]
No person, partnership, limited liability company, corporation, or other entity shall engage in a scrap metal business, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign regarding the purchase of scrap metal at any location within the municipality shall constitute engaging in business as a dealer of scrap metal within the jurisdiction of the municipality for purposes of this chapter. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such item(s) without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this section and shall be subject to the penalties established in Subsection 5-10.9.
[Ord. No. 2014-22-OAB]
a.
Upon receipt of an application completed pursuant to this section,
the Municipal Clerk shall refer such application to the Chief of Police,
who shall make an investigation of the prospective licensee, pursuant
to this section for the purpose of determining the suitability of
the applicant for licensing. The investigation shall include, but
shall not be limited to the following:
1.
The experience of the applicant in the business of purchase and sale
of scrap metal, although nothing in this section shall be construed
to warrant denial of a license solely on the basis of lack of experience;
2.
The reputation of the applicant for fair dealing in the community,
which shall be made among credible sources, which sources shall be
disclosed to the applicant in the event of a denial of any license;
3.
Any criminal record of the applicant including any past convictions
for any crime(s), disorderly persons offense(s), or municipal ordinance
violation(s) within this or any other jurisdiction. The Chief of Police
may, as part of the application process, require a fingerprint criminal
background check through the Federal Bureau of Investigation, Criminal
Justice Information Services Division, which may require an additional
fee from the applicant.
4.
The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of scrap metal, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This section shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by Subsection 5-10.6d of this section will be stored as well as the location where scrap metal goods purchased will be retained during the mandatory inspection period required under Subsection 5-10.6a.
b.
The Chief of Police shall complete any investigation pursuant to
this section within 30 days of the submission of the application to
the Municipal Clerk, fully completed by the applicant. If a criminal
record check has been requested within the thirty-day period and has
not been received by the Chief of Police within that period, the Chief
of Police may, if all other factors are satisfactory, recommend a
conditional issuance of the license subject to the finding regarding
criminal record.
c.
The Chief of Police shall, upon completion of the investigation,
recommend "grant" or "denial" of the license to the Municipal Clerk,
who shall grant or deny the license. Any recommendation of the Chief
of Police shall be in writing and, in the case of a recommendation
of denial, shall state fully and specifically the reasons for said
recommendation. If the Municipal Clerk accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within 10 days of such denial and the Clerk shall
forward to the applicant a statement of the reason or reasons for
such denial.
d.
Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a scrap metal business. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in Subsection 5-10.5, the retention and inspection requirements of Subsection 5-10.6, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Municipal Clerk shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by Subsection 5-10.8 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before a three-person panel appointed by
the Chief of Police, at which time the applicant shall be permitted
to introduce such evidence as may be deemed relevant to such denial.
Any applicant exercising the right to appeal must file a written notice
of appeal within 10 days of receiving written notice of denial of
a license to act as a scrap metal business.
f.
No license shall be assignable by the dealer.
[Ord. No. 2014-22-OAB]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a.
Require of each member of the public selling scrap metal acceptable identification as defined above in Subsection 5-10.2.
b.
Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am the full age of 18 years and the identification presented is valid
and correct."
c.
Record and issue to each person selling scrap metal on a sequentially
numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in Subsection 5-10.2, in a format acceptable to the Chief of Police;
5.
A photographed recording of all items sold in a format acceptable
to the Chief of Police;
6.
The receipt number;
7.
A full description of the item(s) purchased, including but not limited
to the manufacturer, type, amount, form, model, any identifying marks,
numbers, dates, sizes, shapes, initials, monograms, and serial numbers;
8.
The price paid for the item(s);
9.
The make, model and license plate of the motor vehicle delivering
the scrap metal;
10.
The time and date of the transaction,
d.
The information outlined in Subsection c above must additionally be documented through the use of an electronic database software system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section[1] and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized Police Officer or any sworn law enforcement officer acting in the performance of their duty as set forth in Subsection f below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase. The information entered must contain all pertinent information outlined in Subsection c above.
[1]
Editor's Note: This section was adopted 9-22-2014 by Ord.
No. 2014-22-OAB.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used, the dealer is responsible to enter all transaction information set forth in Subsection c above into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection 5-10.6.
f.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of scrap metal as well as the articles purchased and, where necessary, relinquish custody of those articles as provided in Subsection 5-10.6. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where records and articles will be stored.
g.
For all reportable transactions between a dealer and a member of the public, the dealer may only accept delivery of scrap metal for purchase by motor vehicle and the license plate of the motor vehicle must be recorded as provided in Subsection c above.
h.
No scrap metal business shall, except as provided in Subsection g above, purchase:
1.
Any metal marked with identification of a telephone, cable, electric,
water, other public utility, or other government entity;
2.
Any utility access or water meter cover;
3.
Any street light pole or fixture;
4.
Any road or bridge guard rail;
5.
Any highway or street sign, traffic directional or control sign,
or light signal;
6.
Any metal beer keg that is clearly marked as being the property of
the beer manufacturer;
7.
Any historical marker, grave marker, or burial vase;
8.
Any central air conditioner evaporator coils or condensers or catalytic
converters that are not attached to a vehicle; or
9.
Any metal bleachers or benches.
i.
The provisions of Subsection h shall not apply to purchases of scrap metal from entities who manage such metal in the ordinary course of business. These entities include manufacturing, industrial, government, contractor, individual, or other commercial vendors or scrap metal businesses that generate or purchase or process scrap metal in the ordinary course of business.
[Ord. No. 2014-22-OAB]
a.
All scrap metal purchased by a dealer in a reportable transaction are to be made available for inspection by the Chief of Police or designee thereof at the designated business address for a period of at least 10 calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in Subsection 5-10.5. All scrap metal subject to inspection must remain in the same condition as when purchased and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased scrap metal is being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by Subsection 5-10.5b upon the sale of those goods, a law enforcement officer with jurisdiction should charge the seller with theft by deception under N.J.S.A. 2C:20-4 on behalf of the dealer, who shall be considered the "victim" of the offense for the purposes of N.J.S.A. 2C:43-3. The officer shall seize the goods, provide the dealer with a receipt, and issue a criminal complaint against the seller for theft by deception and any other criminal charges for which the officer has probable cause that the seller has committed. If convicted of theft by deception and if so found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.
c.
If market conditions would create a hardship on the dealer by holding
scrap metal for such period, the dealer may present the property to
the Chief of Police in order that it may be photographed and, if deemed
necessary by the Chief of Police, an investigation may be implemented.
The Chief of Police shall have the authority to grant the dealer a
waiver of the requirement under this section.
d.
In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of scrap metal in the manner prescribed in Subsection 5-10.5c.
e.
No dealer shall purchase any item covered by this section from any
person under the age of 18 or in the absence of providing prior notification
of such purchase to the Chief of Police or business designee identifying
the individual from whom such purchase is to be made and the item
to be purchased.
f.
Suspension. The Chief of Police or a designee thereof is hereby empowered to temporarily suspend for cause any dealer's license and rights to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to Subsection 5-10.9 of this section.
1.
Grounds for Suspension. The following shall constitute grounds for
suspension: violation of any provisions of this section, including
failure to comply with any training or fees associated with the electronic
database software system in use by the municipality; violation of
any other statute, regulation, or local ordinance; or any other illegal,
improper, or fraudulent activity.
2.
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or a designee thereof shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension and notify the dealer of his or her right to appeal, pursuant to Subsection h. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease all purchasing and/or selling of scrap metal in the municipality until reinstatement.
3.
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or the Chiefs designee, been cured, corrected, or appropriately rectified; or if reinstatement is deemed appropriate by the three-person panel appointed by the Chief of Police, upon the timely filing of an appeal as provided in Subsection h.
g.
Revocation. A license issued under this section may be revoked by the Municipal Clerk upon written recommendation from the Chief of Police or the Chiefs designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under Subsection 5-10.9.
1.
Grounds for Revocation. The following shall constitute grounds for
revocation: a third violation under this section; a second violation
under this section less than one year after an earlier violation under
this section; conviction for a criminal offense within this or any
jurisdiction; or multiple violations of any regulations or local ordinances
within this or any jurisdiction.
2.
Procedure for Revocation. Upon a determination that appropriate grounds
exist and that a revocation is warranted, the Chief of Police of the
Chiefs designee shall so report to the Municipal Clerk in writing.
A temporary suspension will immediately and automatically issue, if
one is not already in effect, pending the outcome of the charge. A
three-person panel, appointed by the Chief of Police, shall review
the stated grounds for revocation and the panel shall issue an appropriate
disposition of either suspension, revocation, or reinstatement. If
the panel determines that revocation is the appropriate disposition,
it shall set forth the grounds for the same in writing in the form
of a notice of revocation, which shall be provided to the dealer.
The notice shall advise the dealer of the right to appeal. If the
panel determines that suspension is the appropriate disposition, it
shall provide the dealer with a notice of suspension that shall advise
the dealer of the right to appeal. Following revocation, the dealer
must relinquish his or her license and must immediately and indefinitely
cease operating a scrap metal business within the municipality.
h.
Appeal. Any applicant wishing to appeal an issuance of a suspension
or revocation shall be entitled to a hearing before a three-person
panel, appointed by the Chief of Police, at which time the applicant
shall be permitted to introduce such evidence as may be deemed relevant
to such suspension or revocation. Any applicant exercising the right
to appeal must file a written notice of appeal within 10 days of receiving
written notice of revocation or suspension of license.
i.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Municipal Clerk, in
writing, of the street address of said new location.
[Ord. No. 2014-22-OAB]
Each dealer covered under this section shall deliver a bond
to the Municipal Clerk executed by the applicant as principal and
executed by a surety company authorized to do business under the laws
of the State of New Jersey as surety. The bond shall be subject to
review and approval by the Municipal Attorney, as defined in N.J.S.A.
40A: 9-139, and shall be in the penal sum of $10,000, conditioned
for the due and proper observance of and compliance with the provisions
and requirements of all ordinances of the municipality in force or
which may be adopted respecting the conduct of this business and conditioned
also that the bond shall be and remain for the benefit of any person
or persons who shall have received judgment against the dealer licensed
under this section, which damage shall be established by a judgment
of a court of proper jurisdiction. Said bond shall contain the following
language: "The obligation of this bond shall, in addition to the [party
municipality], be and remain for the benefit of any person who shall
obtain a judgment against obligor as a result of damage sustained
in operation pursuant to any license granted under this chapter."
Said bond shall be kept for a minimum of one year from the date of
issuance of license and must be renewed annually along with the license.
[Ord. No. 2014-22-OAB]
A nonrefundable fee for initial application and license for an operator of a scrap metal business, as covered under this section, is $300. The annual renewal fee for a license is $250. These fees are separate from and in addition to any fees the dealer will be required to pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection 5-10.5d of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2014-22-OAB]
Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in Subsections 5-10.6f and 5-10.6g above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in Subsection 5-10.6g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.
[Ord. No. 2014-22-OAB]
a.
Any person, partnership, limited liability company, corporation,
or other entity engaging in the scrap metal business shall conform
to the provisions of this section within 90 days following the effective
date of this section.
b.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
c.
Nothing contained in this section is intended to replace any pre-existing
statutory requirements governing scrap metal businesses, as in N.J.S.A.
45:28-1 et seq., or any other statutory provision regarding any subject
matter discussed herein.
d.
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.
[1974 Code § 87-1]
No person shall engage in the business of keeping a junkyard
or salvage yard; that is, no person or persons, firm or corporation
shall keep and maintain a yard, covered or uncovered, space or place
in the Township, for the purpose of buying, taking in trade, selling,
exchanging or storing rags, old metals, old bottles, old glassware,
old tinware, old iceboxes, old refrigerators, old paper, old lumber,
old building supplies, old furniture, old plumbing fixtures, old unlicensed
automobiles, dismantled old automobiles or parts thereof, motor vehicle
junk or any other old material commonly called "junk" or "salvage,"
without being licensed to do so by the Governing Body; provided, however,
this shall not prohibit the storage of old material to be used by
the person or persons, firm or corporation storing the same for manufacturing
purposes on the premises.
[1974 Code § 87-2; Ord. No. 97-6]
The licensee shall:
a.
Maintain the licensed premises in a safe manner, and particularly
shall premises be kept free of rats, weeds, brush, dry leaves, unbound
or loose paper and stagnant water in such quantity as to be a hazard
to the health or well-being of the general public or comfort of adjacent
or nearby property owners or residents.
b.
Maintain the licensed premises in a sightly manner with due regard
to the public safety of persons and property in the vicinity in which
the junkyard is located, and particularly shall the junk not be so
piled or placed as to endanger any person upon the licensed premises,
on adjacent property or on any public highway. The junk and debris
on the licensed premises shall be so secured that it may not escape
the premises or be permitted to be promiscuously blown about on licensed
or other premises.
c.
Not set or permit any outdoor fire on licensed premises when weather,
wind or atmospheric conditions make such fire a hazard or danger to
human life or property.
d.
Not set or permit any outdoor fire on licensed premises in such a
manner as to emit smoke, gas or odors therefrom upon the property
of another or the public highway, so as to endanger the health or
comfort of adjacent or nearby property owners in the use and enjoyment
of their property or endanger the safe and comfortable use of the
public highway.
e.
Stack, pile or arrange the merchandise and personal property on the
licensed premises in such a manner that a fire truck, police car or
first-aid ambulance, may have at least one open and unobstructed driveway
to and across each licensed premises with appropriate open space for
turnaround or other means of entrance and exit in all cases.
f.
Be a citizen of the United States of America, if licensee is a natural
person or persons. If licensee is a corporation, it shall be a corporation
of New Jersey or be a duly licensed to do business in New Jersey and
have a principal office in this State and a registered agent in charge
thereof upon whom process of service can be made in New Jersey.
g.
In all cases where the contents of the licensed premises are visible
from a public road or roads, have the licensed premises fenced along
the road or roads by the construction and maintenance of a tight wooden,
painted, well-constructed fence at least six feet in height or to
such greater height as shall be necessary to obscure the vision of
the contents of the licensed premises from persons using the adjacent
public highway or highways, and which greater height may be necessary
for the purposes, depending upon the height the junk is piled on the
licensed premises. Where the property or properties adjacent to the
licensed premises are improved by a dwelling or dwellings thereon,
the licensee shall also have a similar fence erected and maintained
on each line of the licensed premises abutting an improved property.
h.
Not conduct or transact business between the hours of 6:00 p.m. and
8:00 a.m.
i.
Not purchase anything from a person under the age of 18 years unless
accompanied by his/her parent, guardian or person standing in the
place and stead of parent or guardian to such minor.
j.
Not make or permit excessive noise on licensed premises so as to
unreasonably disturb adjacent or nearby residents in the quiet enjoyment
of their properties and to be detrimental to the health and well-being
of the residents in the immediate vicinity of licensed premises.
k.
In making his/her application for license or renewal, give written
notice to all property owners within 200 feet of proposed licensed
premises of his/her intention to apply for such license. Such notice
shall be served either personally or by registered mail, return receipt
requested, at least 10 days before application is filed with the Township
Clerk. Written proof of such service in affidavit form shall accompany
the application for license.
l.
Make certain that each entrance and exit to the licensed premises
is well marked as such by appropriate signs, and permit automobiles
to enter and leave licensed premises only at established entrances
and exits, respectively. If a new or other entrance or exit may be
desired at a future time, written application must be made to the
Township Council for same. No new entrance to or exit from licensed
premises shall be permitted by the licensee until approved by the
Township Council. The purpose of the provisions of this subsection
is to prevent cars from promiscuously entering and leaving the licensed
premises, thus preventing interference with traffic upon the adjacent
public highway and lessening the likelihood of accidents and injuries.
m.
Take precaution to safeguard all inflammable, combustible or explosive
materials on the licensed premises from fire. No licensee shall stack,
pile, place or permit personal property upon the licensed premises
in such a manner as to create a fire hazard.
n.
Not store or keep junk within 30 feet of any public road nor within
five feet of the side or rear lines of licensed premises.
o.
Shall maintain its property in an environmentally sound manner and
shall comply with all Federal and State environmental regulations
and shall obtain any necessary State and Federal licenses, including
a NJPDES storm water permit, where applicable. It shall specifically
comply with all Federal and State requirements involving the storage
and disposal of hazardous waste and solid waste.
p.
Shall immediately report any violations of Federal and State law
or municipal ordinances dealing with the discharge of hazardous waste
or solid waste into the air, water or ground to the New Jersey Department
of Environmental Protection, the Ocean County Board of Health, and
the Berkeley Township Department of Engineering and Community Development.
[1974 Code § 87-3; Ord. No. 97-6 § 2]
As used in this section:
Shall mean a solid waste, or combination of solid wastes,
which because of its quantity, concentration, or physical, chemical
or infectious characteristics, may:
Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of, or otherwise managed.
Shall mean any open-air plot or ground, yard or parcel of
land consisting of part of one lot, or one or more lots, as set forth
on the Tax Map of the Township, and which part of lot or lots are
adjacent and contiguous to each other and, if described by metes and
bounds, would have one continuous and uninterrupted boundary line.
Shall mean any garbage, refuse, sludge or other waste material
except it shall not include solid, animal or vegetable wastes collected
by swine producers for the preparation and feeding of swine on their
farms.
[1974 Code § 87-4]
The licensed premises shall be subject to official inspection
at any time by the Governing Body, as well as its agents and employees
acting in an official capacity, and by any Police Officer or health
inspector, members of the local Board of Health, local Fire Commissioners
and representatives of local Fire Department or local fire company
desiring to make an official inspection of licensed premises.
[1974 Code § 87-5]
Every licensee shall be required to keep a written book or record
in bound form at the licensed premises. The book or record shall contain
a legible daily record of the description of all articles purchased,
the name and address of the person from whom each was purchased and
the price paid. The book or record shall be open to inspection at
any reasonable time requested by any of the persons or officials named
in or referred to in the preceding section hereof.
[1974 Code § 87-6; Ord. No. 97-6 § 3; New]
a.
No such license shall be issued until the applicant shall have made
and filed with the Township Clerk a written application on a form
furnished by the Township, which application shall state:
1.
The name and address or residence of the applicant, and if a firm,
association, partnership or corporation, the names and addresses of
the officers, registered offices and registered officers, if any.
2.
The street address and lot and block numbers, as shown on the Township
Tax Map, of premises desired to be licensed.
b.
If the applicant is not the owner of the site where the business
is to be licensed and conducted, the owner's consent to conduct the
business on his/her land shall accompany the application.
c.
Each application shall have attached thereto an accurate sketch or
drawing of the property desired to be licensed, showing the names
and locations of all public highways adjoining the premises, the dimensions
in feet of the premises, lot and block numbers on Tax Map of the premises
and the names and addresses of all real property owners within 200
feet of premises sought to be licensed.
d.
Each application shall contain an environmental assessment of the
property to be licensed, prepared by an engineer with a Bachelor of
Science Degree in either Environmental or Chemical Engineering, which
indicates whether or not the property to be licensed conforms with
all Federal and State environmental regulations. In the event that
a property does not conform with all Federal and State environmental
regulations, a conditional license may be issued if the property owner
can demonstrate that it is engaged in the cleanup of the property,
either under the supervision of the Environmental Protection Agency
or the New Jersey Department of Environmental Protection. Failure
to follow all requirements of such supervised cleanup will result
in the revocation of such conditional license.
[1974 Code § 87-7]
[1974 Code § 87-8; Ord. No. 97-6 § 4; New]
Each annual license shall run for one calendar year from its issuance. An application for renewal shall be filed with the Township Clerk at least 30 days before the expiration of the prior license. A conditional license may be issued in lieu of a regular license pursuant to Subsection 5-14.6d. A conditional license shall run for one calendar year from its issuance but may be revoked at any time upon a showing that the owner of the property is not following the requirements of a supervised cleanup.
[1974 Code § 87-9]
No transfer of license from one location to another shall be
permitted unless and until:
a.
The latter location complies with this section.
b.
Written application has been made for such transfer, which application
shall show the same general items as to applicant and premises as
are required for original license.
c.
A transfer fee of $25 has been paid to the Township.
[1974 Code § 87-10]
No license shall be granted for or transferred to any land,
site or premises where such business is forbidden by any legal ordinance.
The purpose of this provision is to prevent this section from conflicting
with the zoning regulations.
[1974 Code § 87-11]
No transfer of license from one person to another shall be made
except upon written application signed by the person desiring to secure
the transfer and bearing the written consent of the then licensee.
Such application shall be accompanied by a transfer fee of $25. The
proposed transferee shall be capable of qualifying as an original
licensee.
[1974 Code § 87-12]
No license shall be issued to or outstanding in the name of
any person convicted of a crime involving moral turpitude, breaking
and entering, robbery or receiving stolen goods.
[1974 Code § 87-13; New]
[1974 Code § 87-14]
In any and all cases where the operator of a motor vehicle junk business or motor vehicle junkyard has been or shall hereafter be licensed under the provisions of N.J.S.A. 39:11-1 to N.J.S.A. 39:11-11, inclusive, he shall not be required to pay an additional license fee by and under this section so long as the license issued under the State Statute shall be and remain in force. Such licensee and licensed premises shall, however, comply with the provisions of Subsections 5-14.2, 5-14.4 and 5-14.5.
[1]
Editor's Note: Prior ordinance history includes portions of
1974 Code §§ 89-1 - and Ord. No. 30-76.
[Ord. No. 07-15-OAB § 1]
Persons, corporations or business entities shall not operate
any establishment nor utilize a premises in the Township as and for
a massage business, acupressure therapy, reflexology, body work therapy
or well-being establishment unless and until there first has been
a license for such an establishment or premises procured from the
Township Clerk in accordance with the terms and provisions of this
section.
[Ord. No. 07-15-OAB § 1]
No person shall render or perform services as a masseur, masseuse,
massage therapist, reflexologist, body work therapist, acupressure
therapist, or engage in the business of or be employed as a masseur,
masseuse, massage therapist, reflexologist, body work therapist or
acupressure therapist, unless and until he or she has obtained a license
from the Township Clerk in accordance with the terms and provisions
of this section.
[Ord. No. 07-15-OAB § 1]
Each and every application for a license, either for an establishment
or premises to be used as a massage business, acupressure therapy,
reflexology, body work therapy or well-being establishment or for
a masseur, masseuse, massage therapist, reflexologist, body work therapist,
acupressure therapist license shall provide the Township Clerk with
satisfactory evidence of:
a.
The name and address of the applicant and all former addresses for
a period of three years prior to making the application.
b.
Proof that the applicant is 18 years of age or older.
c.
The address of the establishment or premises to be used in the massage
therapy, acupressure therapy, reflexology, body work therapy or well-being
establishment and a physical description of the property and facilities,
if an applicant desires a license for such an establishment or premises.
d.
If the applicant desires a masseur or masseuses, massage therapist,
reflexologist, body work therapist or acupressure therapist license,
a statement of all employment for a period of three years prior to
making the application.
e.
A sworn statement as to whether or not the applicant, or any officer
or director thereof, if a corporation, has ever been convicted of
a crime in this or any other state.
f.
A diploma or certification of graduation from an approved school
or other institution of learning, wherein the method, profession and
work of massage therapy, acupressure therapy, reflexology or body
work therapy is taught.
1.
The term "approved school or other institution or learning" shall
mean and include any school or institution of learning that complies
with the following criteria:
(a)
The institution has been accredited by the American Massage
and Therapy Association of the International Myomassethics Federation,
Inc.;
(b)
It has been approved by the New Jersey Department of Education;
and
(c)
It shall have its principal purpose the teaching of therapy,
method, profession or work of massage therapy, or it shall require
a residence course of study of not less than 600 hours to be given
in not less than six calendar months before the student shall be furnished
with a diploma or certificate of graduation from such school or institution
of learning showing the successful completion of such course of study
or learning.
2.
It shall be the responsibility of the applicant to provide the Township
Clerk with the information substantiating that the applicant's course
of study meets the above criteria.
3.
Schools offering courses and not requiring actual class attendance
shall not be deemed approved schools. The Clerk shall have the right
to confirm the fact that the applicant has actually attended classes
and matriculated in an accredited school.
g.
Active professional membership in good standing in the Association
of Body Work and Massage Professionals or the American Massage Therapy
Association.
[Ord. No. 07-15-OAB § 1]
a.
The applicant for a license for an establishment or premises shall
pay an annual license fee of $200, which license fee shall become
due on the 31st day of March in each year.
b.
The applicant for a massage therapist, reflexologist, body work therapist
or acupressure therapist license shall pay an annual license fee of
$200, which license fee shall become due on the 31st day of March
in each year.
[Ord. No. 07-15-OAB § 1]
Each application for a license or the renewal thereof either
to operate a massage and therapy well-being establishment or yoga
and exercise spa, or premises, or to engage in the business of or
to be employed as a massage therapist, reflexologist, body work therapist
or acupressure therapist, which is submitted to the Township Clerk
shall be approved by the Township Council before any license is issued.
The Township Council shall not approve such application if, on the
basis of past criminal record of the applicant or of the principles
thereof, or on the basis of other evidence of bad character or morals,
or on the basis of individual applicant or establishment has violated
this or any other Township ordinance, it shall be determined that
the granting or renewal of such license would tend to encourage criminal
or immoral activities within the Township or recurrent violations
of these ordinances have occurred.
[Ord. No. 07-15-OAB § 1]
The provisions of this section shall not apply to massage, acupressure
or physical therapy treatments, given:
a.
In the office of a licensed physician, osteopath, chiropractor or
physical therapist.
b.
In a regular established medical center, hospital or sanitarium,
having a staff which includes licensed physicians, osteopaths, chiropractors
and/or physical therapist.
c.
Any license physician, osteopath, chiropractor or physical therapist
in the residence of his patients.
[Ord. No. 07-15-OAB § 1;
amended 2-25-2019 by Ord. No. 19-03-OAB]
a.
No part of any quarters of any massage, acupressure therapy, reflexology,
body work therapy or well-being establishment shall be used for or
connected with any bedroom or sleeping quarters. This provision shall
not preclude the location any massage, acupressure therapy, reflexology,
body work therapy or well-being establishment in separate quarters
of a building housing a hotel or other separate businesses or club
or residence if the same has been approved by the Zoning Officer or
granted a variance.
b.
The windows of the building establishment shall be free of tint or
glass-darkening agents.
c.
A recognizable and legible sign shall be posted at all entrances
to any building or the portion of the building used as a massage,
acupressure therapy, reflexology, body work therapy or well-being
establishment identifying the premises as a such an establishment
and further identifying the hours of operation.
[Added 2-25-2019 by Ord.
No. 19-03-OAB]
a.
Any person, corporation or business violating the provisions of this section shall, upon conviction, be punished by imprisonment in the County jail for a term not exceeding six months, or by penalties for violations of this chapter as provided in Chapter 1, § 1-5, unless otherwise specified in this chapter.
b.
Any person, corporation or business violating the provisions of this
section may, at the discretion of the Mayor and Council, have their
license to operate and perform services suspended and/or revoked.
c.
Any violation by any employee, agent or servant shall be deemed a
violation by the employer business.
[1974 Code § 123-1; Ord. No. 2-83]
Within the limits of the Township, no person shall conduct or
carry on the business of the operation of a trailer park, mobile home
park or trailer or mobile home or work in, occupy or, directly or
indirectly in any manner whatsoever, utilize any place or premises
in which is conducted or carried on a trailer park, mobile home park
or trailer or mobile home site, unless and until there shall be granted
by the Governing Body in accordance with the terms of this section,
and shall be in full force and effect, a license to conduct the trailer
park, mobile home park or trailer or mobile home for the place and
premises in or at which the same shall be conducted and carried on.
[1974 Code § 123-2; Ord. No. 2-83]
As used in this section:
Shall mean a plot of ground upon which two or more campsites
are located, established or maintained for occupancy by camping units
by the general public as temporary living quarters for children or
adults, or both, for a total of 15 days or more in a calendar year,
for recreation, education or vacation purposes.
Shall mean any tent or camping vehicle temporarily located
on a campsite or maintained or operated in a campground as a temporary
living quarters for adults or children, or both, for recreation, education
or vacation purposes.
Shall mean any camp trailer, travel trailer or other unit
built or mounted on a vehicle or chassis designed without permanent
foundation, which is used for temporary dwelling for sleeping purposes
and which, under the provisions of Title 39 of the Revised Statutes
of New Jersey, may be legally driven or towed by a passenger automobile
on a highway.
Shall mean a manufactured, transportable single-family dwelling
built on one or more chassis and containing a flush toilet, bath or
shower, and a kitchen sink designed to be connected to a piped water
supply, sewage facilities and electrical service.
Shall mean a parcel of land which has been so designed and
improved that it contains two or more trailer or mobile home lots
available to the general public for the placement thereon of trailers
or mobile homes for occupancy.
[1974 Code § 123-3; Ord. No. 2-83]
The Township shall require licenses for trailer parks, mobile
home parks, trailers or mobile homes which shall be applied for by
written application filed with the Township Clerk. Such application
shall set forth the full name and address of the applicant; the particular
kind or character of the business to be carried on or conducted; the
location or place of the premises in or at which the same is to be
carried on; the total area of ground space thereof and a diagram of
same. The application shall also be accompanied by a deposit to cover
the license fee for the current year in the amount hereinafter provided,
which license fee, after the beginning of the year, as to any place,
shall be proportionately prorated for the remainder of the year, except
in a circumstance where an application has been delinquent in obtaining
a license, as required under this section.
[1974 Code § 123-4; Ord. No. 2-83]
a.
There shall be charged and collected for the licenses annual fees
as follows: $150 for one to five trailers; $200 for six to 10 trailers;
$300 for 11 to 20 trailers; $400 for 21 to 30 trailers; and $500 for
31 or more trailers; as well as the sum of $2.50 per week or part
thereof per trailer. Where an individual trailer is occupied on an
individual parcel and not in a trailer park, the fee shall be $2.50
per week or part thereof.
b.
Seasonal licenses may be granted to individuals, other than trailer
park licensees, who own trailers and maintain them in a licensed trailer
park all year but occupy such trailer for a period of not longer than
six months of any given year. In such case the fee for a seasonal
license, limited to one trailer per licensee, shall be $60. Not more
than one seasonal license shall be issued to an individual in any
one calendar year regardless of the date of issuance of such seasonal
license.
c.
All licenses, other than seasonal licenses, shall expire on December
31 of the year of issuance.
d.
The license fees hereby imposed are for the purpose of administering
this section and for conducting necessary inspections. All fees herein
provided for shall be payable in advance for each year or season.
e.
Each licensee shall maintain a registry and each week submit three
copies of the same, so far as it pertains to the preceding week, setting
forth the license number of the trailer, the serial, type and license
number of each automobile, the date of arrival, whether still at the
camp or park and, if not, the date of departure and the age, name
and last permanent address of the owner of each trailer and automobile
and of each occupant thereof. A copy thereof shall be delivered to
the Township Clerk, the Chief of Police and the Township Tax Collector,
together with the payment to the Township Clerk of any and all sums
which may be due to the Township as herein provided.
f.
No such license shall be transferable without the permission of the
Township Council. In the event that the Township Council shall approve
the transfer of an annual license, the fee for such transfer shall
be 10% of the annual fee referred to above in this section.
[1974 Code § 123-5; Ord. No. 2-83]
The provisions of the New Jersey State Sanitary Code relating
to mobile home parks are hereby adopted by the Township and shall
be enforced by the Berkeley Township Board of Health, local police
authorities, the Code Enforcement Officer, the Construction Department
and the Zoning Officer. The provisions regarding mobile home parks
shall also apply to trailer parks.
[1974 Code § 123-6; Ord. No. 2-83]
The provisions of the New Jersey State Sanitary Code relating
to campgrounds are hereby adopted by the Township and shall be enforced
by the Berkeley Township Board of Health, local police authorities,
the Code Enforcement Officer, the Construction Department and the
Zoning Officer.
[1974 Code § 123-7; Ord. No. 2-83]
Every campground heretofore or hereafter established shall be
provided with means of lighting the same at night in all public water
closets or toilets, and shower units shall be provided with sufficient
lighting fixtures which shall be kept lighted during the time from
1/2 hour after sunset until 1/2 hour before sunrise.
[1974 Code § 123-8; Ord. No. 2-83]
Every campground or mobile home park (trailer park) hereafter
established shall provide for a minimum of 600 square feet of space
per trailer, mobile home or camping vehicle. Camping vehicles, trailers
and mobile homes shall be arranged in rows abutting or facing on a
driveway or clear unoccupied space not less than 20 feet in width,
which space shall have unobstructed access to a public street or road.
[1974 Code § 123-9; Ord. No. 2-83]
It shall be unlawful for any person owning or operating a camping
vehicle in a campground to remove or cause to be removed the wheels
or any similar transporting device from the camping vehicle or to
otherwise permanently affix it to the ground in a manner that would
prevent the ready removal of the camping vehicle without first obtaining
a permit to do so from the Construction Official. Any alteration or
change to any camping vehicle, as above set forth, shall be construed
as removing it from the requirements of this section and converting
it into a dwelling.
[1974 Code § 123-10; Ord. No. 2-83]
Dogs or pets shall not be permitted to roam at large in any
mobile home park or campground at any time.
[1974 Code § 123-11; Ord. No. 2-83]
Campgrounds and mobile home parks shall be subject to reasonable
inspection during the day or night by the designated officials of
the Board of Health, the police, fire officials, Zoning Officer, Code
Enforcement Officer and the Construction Department officials.
[1974 Code § 123-12; Ord. No. 2-83]
In case of the failure or refusal to comply with any of the
terms, rules or provisions of this section, the Township Council may
upon notice and after hearing refuse or revoke any license applied
for or granted hereunder.
[1974 Code § 123-13; Ord. No. 2-83]
No person shall live in a trailer park, mobile home park, trailer
or mobile home in this municipality unless and until same is licensed
pursuant to this section. The word "live" as used in this section
shall mean human habitation for any period of time.
[1974 Code § 123-14; Ord. No. 2-83; Ord. No. 88-43; New]
[1974 Code § 110-1; Ord. No. 04-27-OAB § 1]
Under and subject to the terms, conditions and restrictions of this section, the Raffles Licensing Law (L. 1954, Ch. 5), the Bingo Licensing Law (L. 1954, Ch. 6), the Legalized Games of Chance Control Law (L. 1954, Ch. 7) 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 in this municipality to bona fide organizations or associations as described in the laws. Such licenses may be issued for games to be conducted on Sundays.
[1974 Code § 110-2; Ord. No. 08-17-OAB § 2]
The Township Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application as directed in
Subsection 4 of each of the licensing laws. In this municipality,
the Chief of Police is and shall be charged with the duty and responsibility
of making the initial investigation and reporting thereon in writing
to the Township Clerk.
[1974 Code § 110-3]
No license, under either licensing law, shall be:
[1974 Code § 110-4; Ord. No. 08-17-OAB § 4]
No application for the issuance of a license shall be refused
by the Township Clerk until after a hearing is held by the Township
Council on due notice to the applicant, at which the applicant shall
be entitled to be heard upon the qualifications of the applicant and
the merits of the application.
[1974 Code § 110-5]
Each license shall be in such form as shall be prescribed in
the rules and regulations promulgated by the State Control Commission.
[1974 Code § 110-6; Ord. No. 08-17-OAB § 6]
The Township Clerk issuing any license under this section and
either of the licensing laws shall have and exercise control and supervision
over all games of chance so licensed in accordance with the licensing
laws.
[1974 Code § 110-7]
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 this municipality.
[1974 Code § 110-8]
No game or games of chance shall be held, operated or conducted
under any license issued by this municipality more often than six
days in any calendar month nor in any room or outdoor area where alcoholic
beverages are sold or served during the progress of the game or games.
[1974 Code § 110-9]
It is not the purpose or intent of this section to include herein
all conditions, restrictions, regulations or rules relating to the
licensing and conduct of games of chance, since same are and will
be fully covered by the Raffles Licensing Law, Bingo Licensing Law,
Legalized Games of Chance Control Law and the rules and regulations
of the State Control Commission, to all of which any applicant may
and should refer.
[1974 Code § 110-10]
The Township Clerk, on behalf of the municipality, shall:
a.
File with the Legalized Games of Chance Control Commission a certified
copy of this section within 10 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, make a report to
the Commission of the number of licenses issued in this municipality
under each of the licensing laws and the names and addresses of the
licensees, the aggregate of the license fees collected, and the names
and addresses of all persons detected in violation of each of the
laws or of the rules and regulations adopted by the State Control
Commission, of all persons prosecuted for such violations and the
result of each such prosecution and the penalties imposed therein,
during the preceding calendar year or the period for which the report
is required.
[1974 Code § 110-13]
All license fees shall become the property of the municipality.
[1974 Code § 110-14]
No person, organization, club, company or squad shall conduct,
operate, run, participate in or attend any unlicensed raffle or bingo
games in this municipality.
[1974 Code § 110-15]
No person, organization, club, company or squad shall violate
any of the terms or provisions of any one or more of the following:
[1974 Code § 110-16; Ord. No. 88-43; New]
[1974 Code § 110-17; Ord. No. 08-17-OAB § 8]
A conviction hereunder shall also be proper ground, in the discretion
of the Township Council, for the suspension or revocation of the license,
if any has been issued and is outstanding.
[1974 Code § 64-1]
Business establishments may be open for business daily from
5:00 a.m. until 2:00 a.m. on the following day, except on Sunday mornings,
when the same may remain open until 3:00 a.m., in that part of Berkeley
Township east of Barnegat Bay and in that part of Berkeley Township
known as Pelican Island.
[1974 Code § 64-2]
In the area mentioned in Subsection 5-23.1, business establishments shall remain closed for business daily from 2:00 a.m. (except Sunday mornings) until 5:00 a.m. On Sunday mornings such business establishments in the area shall remain closed for business from 3:00 a.m. until 5:00 a.m.
[1974 Code § 64-3]
[1974 Code § 64-4; Ord. No. 88-43; New]
[1974 Code § 109-1; Ord. No. 537]
No landowner shall operate, sponsor or permit a race between motor vehicles or by a motor vehicle against time on land owned by that person unless the premises have received municipal approval pursuant to Chapter 35, Land Development.
[1974 Code § 109-2; Ord. No. 537]
No person shall operate a motor vehicle in a race except at
a facility having municipal approval and unless the motor vehicle
has been licensed by the Township for racing.
[1974 Code § 109-3; Ord. No. 537]
No person shall operate a motor vehicle racing facility without
obtaining a license pursuant to this section.
[1974 Code § 109-4; Ord. No. 537]
No races shall be conducted unless an ambulance and a fire engine
are present.
[1974 Code § 109-5; Ord. No. 537]
a.
Noise levels shall not at any time exceed 70 dB(A) at a distance
of 1,000 feet from the track.
b.
There shall be a ten-foot high berm encircling the track.
c.
There shall be a twelve-foot height tongue and groove wooden fence
on top of the aforesaid berm.
d.
There shall be safe storage of fuel and other combustibles used on
or about the premises.
e.
The applicant shall comply with the requirements of Chapter 35, Land Development, of the Code of the Township of Berkeley dealing with site plans.
f.
The area of the site shall be not less than 75 acres.
g.
Not more than 25% of the gross land area shall be covered by building.
h.
At least 10% of the gross land area shall be devoted to open areas,
i.e., areas not covered by buildings or pavement which may be used
for active or passive outdoor recreation.
i.
No structure shall be closer than 50 feet to any boundary line of
the site. No pavement shall be closer than 20 feet to any perimeter
property line.
j.
No structure shall be more than 35 feet in height.
k.
Parking shall be provided in accordance with the requirements of
the Code of the Township of Berkeley. In the event that the site plan
indicates that multiple simultaneous activities are possible, additional
parking shall be provided for the additional activities.
l.
Screening strips as required by Chapter 35, Land Development, of the Code of the Township of Berkeley shall be provided.
m.
Grandstands shall be provided which shall be approved by the Building
Inspector for safety and which shall be so arranged as to minimize
off-site noise from crowds, public address systems or activities.
n.
On-site sanitary facilities shall be provided in accordance with
standards established by the Township Board of Health or by the Berkeley
Township Sewerage Authority, whichever has jurisdiction, and shall
be approved by that agency prior to the issuance of a certificate
of occupancy.
o.
The first license issued to a facility shall be granted automatically
when the facility has met all municipal requirements and has filed
the appropriate application and paid the required fee.
p.
The license, which shall be valid for one year only, shall be renewed
by the Township Committee only after a review of the compliance of
the facility with the standards established by ordinance.
[1974 Code § 109-6; Ord. No. 537]
a.
This inspection and licensing shall have reference only to the potential
harm to the owners or occupants of other properties and shall not
in any way be construed to be safety check of the motor vehicle. The
individual vehicle shall be subjected to tests to demonstrate that
its exhaust noises do not exceed the following allowable level: sound
levels of 94 dB(A) (average) measured at 100 feet from exhaust outlet
(full throttle acceleration).
[1974 Code § 109-7; Ord. No. 537]
The Code Enforcement Officer of the Township of Berkeley shall
be the person primarily responsible for the enforcement of this section.
He shall conduct all necessary inspections and tests to determine
compliance with this section. He shall periodically inspect the premises
and conduct tests, particularly with reference to the noise levels
conducted.
[1974 Code § 109-8; Ord. No. 537]
The license holder shall be responsible for meeting the requirements
of this section, and the failure of any other person to comply shall
not constitute a defense. The operator of the facilities shall make
such regulations for participants as shall bring about compliance.
[1974 Code § 109-9; Ord. No. 537]
Each facility shall pay an annual license fee of $1,000, and
each car shall pay an inspection fee of $5. In the event that the
municipal official demands an additional test of a participating motor
vehicle, the fee shall be charged only if the motor vehicle fails
to meet the requirements.
[1974 Code § 109-10; Ord. No. 537; Ord. No. 88-43]
Any person, partnership, corporation or other entity who violates
any provisions of this section shall be subject to a fine of not more
than $1,000 or such other maximum as permitted by law.
[1974 Code § 109-11; Ord. No. 537]
Any substantial infraction or multiple infractions of any of
the provisions of this section shall be sufficient grounds to enable
the Township Council, after public hearing, upon reasonable written
notice, to suspend or revoke any license or permit issued under the
terms of this section.
[1974 Code § 109-12; Ord. No. 537]
Automobile racing facilities, as referred to herein, shall be
specifically exempt from any noise control ordinances heretofore enacted.
[Ord. No. 98-02 § 1]
The purpose of this section is to authorize Berkeley Township
first aid squads and fire departments to solicit contributions on
roadways or highways within the municipality and to establish procedures
for the same.
[Ord. No. 98-02 § 2]
Each duly authorized and incorporated volunteer first aid squad
or fire department for the Township may solicit contributions on roadways
or highways within the municipality twice a year.
[Ord. No. 98-02 § 3]
The first aid squad or fire department seeking to engage in
such conduct must make application to the Municipal Clerk for a permit
to conduct the highway or roadway solicitation.
[Ord. No. 98-02 § 4]
The permit shall issue upon approval by the Chief of Police
of Berkeley Township.
[Ord. No. 98-02 § 5]
No person other than a volunteer member of the duly authorized
and incorporated first aid squad or fire department for the Township
may engage in the conduct of charitable solicitation pursuant to this
section.
[Ord. No. 98-02 § 6]
No person engaged in the charitable solicitation pursuant to
this section shall stand on a highway or roadway so designated and
marked, to stop, impede, hinder or delay the progress of a vehicle
for the purpose of soliciting the purchase of goods, merchandise or
tickets, or for the purpose of soliciting contributions.
[Ord. No. 98-02 § 7]
The Township shall not authorize charitable duly authorized
volunteer first aid squads or fire departments for the Township to
solicit charitable contributions on any County highway or intersection
of a County highway without approval of the Board of Chosen Freeholders
of Ocean County.
[Ord. No. 98-02 § 8]
The Township shall not authorize charitable duly authorized
volunteer first aid squads or fire departments for the Township to
solicit charitable contributions on any State highway or intersection
of a State highway without approval of the State Commissioner of Transportation.
[Ord. No. 98-02 § 9]
A permit may issue only upon the presentation of a certificate
of insurance to the Municipal Clerk.
[Ord. No. 98-02 § 10;
New]
[Ord. No. 98-02 § 11]
Notwithstanding any provisions of law to the contrary, the Township,
the County or the State shall not be liable in any civil action for
damages for property damage or personal injury resulting from a motor
vehicle accident arising out of or in the course of roadway solicitations
for the purpose of soliciting contributions, conducted by charitable
organizations pursuant to N.J.S.A. 39:4-60.
[Ord. No. 00-12-OAB § 1]
"Amusement park" and the word "park," as used herein shall be
any building, structure and/or any place of amusement operated upon
a lot or plot of round in the open air, permanent in its nature and
operated by private enterprise for profit during the entire year or
any part thereof, whether admission is charged to enter or not.
[Ord. No. 00-12-OAB § 1; Ord. No. 11-27-OAB § 1]
It is hereby recognized, that there exists within the Township
of Berkeley an amusement park located at 140 Route 9, Bayville, Township
of Berkeley which amusement park is presently known as "Blackbeards
Cave." It is further recognized that amusement parks shall also be
permitted as a conditional use in the R-400 PRRC Commercial Zones.
[Ord. No. 00-12-OAB § 1]
It shall be unlawful for any person, firm or corporation to
own or operate within this municipality any amusement game or games
as defined in the "Amusement Games Licensing Law" (Chapter 109, P.L.
1959 N.J.S.A. 5:8-101), without first having obtained a proper license
from the Township Council of the Township of Berkeley. The license
shall be issued subject to the provisions of "Amusement Games Licensing
Law" (Chapter 109, P.L. 1959), and the Revised Amusement Games Regulations,
effective April 11, 1966, promulgated by the Legalized Games of Chance
Control Commission, Department of Law and Public Safety of the State
of New Jersey.
[Ord. No. 00-12-OAB § 4]
Each applicant for such a license shall file with the Township
Clerk a written application in duplicate therefor. The application
must be in the form prescribed by the Legalized Games of Chance Control
Commission and must comply with all the requirements as specifically
set forth in Section 2 of Chapter 109, Public Laws 1959 and any amendments
and supplements thereto and any additional requirements as may be
promulgated from time to time by the Legalized Games of Chance Control
Commission of the State of New Jersey.
[Ord. No. 00-12-OAB § 5]
The Governing Body of this municipality shall make an investigation
of the qualification of each applicant and the merits of each application
as directed by the Amusement Games Licensing Law. In this municipality,
the Chief of Police is and shall be charged with the duty and responsibility
of making the initial investigation and reporting thereon in writing
to the Governing Body.
[Ord. No. 00-12-OAB § 1]
a.
Upon proof of compliance with all applicable requirements, the Township
Council shall authorize the issuance of a license, by resolution,
the license to be effective for a term of one year, commencing with
date of issuance and terminating on December 31 of each year. The
resolution shall specifically recite that the premises to be licensed
are located on a recognized amusement park in the municipality. A
certified copy of the resolution shall be transmitted, together with
copy of the application and license certificate issued, to the Legalized
Games of Chance Control Commission.
b.
License Certificate.
1.
Each license certificate shall be issued in triplicate, the original
to be delivered to the applicant, with one copy to the Commission,
as aforesaid, and the additional copy to be retained by the Township
Clerk.
3.
The license certificate shall be in the form prescribed by the Legalized
Games of Chance Control Commission.
c.
Each license shall be conspicuously displayed at the place or places
where the game is to be conducted at all times during the conduct
thereof.
[Ord. No. 00-12-OAB § 1]
The Township expressly reserves the right to license amusement
games other than the ones described herein and to establish fees therefore
for the use in the area designated in accordance with the requirements
set forth in this section. The games hereinafter licensed shall be
incorporated herein by reference thereto.
[Ord. No. 00-12-OAB § 1]
a.
No application for the issuance of a license shall be refused by
the Township Council until after a hearing is held on due notice to
the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
b.
Any license issued under this section may be amended, upon application
made to the Township Council, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original
license and upon payment of such additional license fee, if any, as
would have been payable, if it had been so included.
c.
No license issued pursuant to this section shall become operative
unless and until the licensee named therein shall have procured a
State license from the Legalized Games of Chance Control Commission.
[Ord. No. 00-12-OAB § 1]
a.
The Township Council shall have and exercise control and supervision
over all amusement games held, operated or conducted under such license
with all the powers authorized or granted to it under the Amusement
Games Licensing Law and all amendments and supplements thereto.
b.
The Chief of Police of the Township may inspect or cause to be inspected
any place or building in which amusement games or services are operating.
c.
Amusement games and devices shall be kept and placed in plain view
of any person or persons who may frequent and be in any place or place
of business where such devices or games are used and licensed.
d.
Nothing in this section shall be construed to authorize or license
any gambling device or game not specifically permitted by the laws
of New Jersey.
e.
No gambling between participants in any amusement games or the users
of any amusement devices shall be permitted at any time.
f.
Amusement games and devices shall not be permitted at any premises
licensed for the sale of alcoholic beverages pursuant to Title 33
of the New Jersey Statutes.
[Ord. No. 00-12-OAB § 1]
Any person, association, or corporation who or which shall make
any false statement in any application for such license, or shall
fail to keep such adequate and proper books and records as shall fully
and truly record all transactions connected with the holding, operating
or conducting of amusement games under such license, or shall falsify
or make any false entry in any books or records so far as they relate
to any transaction connected with the holding, operating and conducting
of any amusement game under any such license, or shall violate any
of the provisions of this Article or the Amusement Games Licensing
Law (Chapter 109 P.L. 1959) as amended from time to time or of any
of the terms of such license, shall be a disorderly person; and if
convicted as such, shall, in addition to suffering any other penalties
which may be imposed, forfeit any license issued to it under this
section.
[Ord. No. 00-12-OAB § 1; Ord. No. 11-35-OA]
a.
There shall be issued to an applicant who shall qualify a separate
license for each place at which the licensee is authorized to hold,
operate and conduct such games. The annual license fee for each such
place shall be the sum of $500 so long as there are no more than 35
games located at such place.
b.
A separate license shall be issued for each game over 35 games authorized
to be held, operated and conducted on the licensed premises by the
licensee. The license fee for each game in excess of 35 games, certified,
as provided for pursuant to N.J.A.C. 13:3-7.1 et seq., as it may be
amended from time to time, shall be $50 per game.
c.
The required fee, which shall be an annual fee without proration,
shall accompany the license application. In the event that the license
is denied or the application therefore is withdrawn, the Township
shall retain 25% of the application fee as an investigation fee, and
the balance shall be returned to the applicant.
d.
The Township Council expressly reserves the right to license amusement
games other than the ones described and to establish fees therefor
for the use in the area designated in accordance with the requirements
set forth herein. The games hereinafter licensed shall be incorporated
herein by reference thereto.
[Ord. No. 00-12-OAB § 1]
As used in this section, the following terms shall have the
meaning indicated:
Shall mean any game or amusement which is authorized under
the provisions of the Amusement Games Licensing Law (Chapter 109 P.L.
1959), except that there shall not be permitted a game of chance incorporated:
A laydown board marked in segments bearing numbers, games, or
symbols whereon the player or players place the entry fee as an indication
of choice of expected winner.
Electrical push-button switches or similar devices situated
or located at each segment on the board which enable any player to
start or stop the game.
A moving indicator powered and driven by an electric motor which
may be activated and deactivated by any player by means of the switches
provided.
An arrangement of numbers, names or symbols corresponding to
those on the laydown board to one of which the moving indicator points
when it stops after exhausting its momentum following deactivation
of the motor, generally known as "stop and go game."
[Ord. No. 00-12-OAB§ 1]
a.
The provisions of this section shall not apply to any carnival, fair,
or other activity held on an annual basis by a nonprofit group or
organization wherein amusement devices, structures, or rides are installed
or used on a temporary basis.
b.
Exempt Organizations. Baseball, football and basketball games, entertainments
or lecture courses by civic bodies and fire companies of the Township,
and entertainments of lecture courses, the expense of which are guaranteed
by residents of the Township, are excepted from the requirements of
this section.
c.
Charitable or Religious Organizations. This section shall not apply
to any of the amusements enumerated when the net proceeds are for
the benefit of any charitable or religious organization located within
the Township or when given by the pupils of any school in the Township,
the proceeds of which are to be used for educational purposes.
[Ord. No. 00-12-OAB § 1]
All licenses issued under this section shall expire on December
31 of each year.
[Ord. No. 00-12-OAB § 1]
Any person, firm, or corporation violating any of the provisions
of this section, shall be subject to a penalty not to exceed $1,000,
or imprisonment not to exceed 90 days, or both. The same shall be
in addition to the powers of suspension or revocation of any such
license as provided for herein.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
a.
Definition of Special Event. For the purposes of this section, the
term "special event" is defined as, but not limited to, any event
outside the normal business operations of a public entity that is
dependent on the use of municipal facilities, lands, roads, services
and/or finances. Special events shall include any event that will
require use of a portion of Township property for sole use by a person,
people or an organized group to the exclusion of the general public.
Examples of special events are: parades, concerts, filming of television
shows and specials, haunted houses and walkathons.
b.
Determination of Township Clerk. In the event that an application
is received by the Township Clerk which in the judgment of the Township
Clerk may not be required pursuant to this section, the Township Clerk
shall then consult with the Township Administrator to determine whether
the application must be completed or returned to the applicant unprocessed.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
An application to conduct such special event shall be submitted
to the Township Clerk together with an application fee of $100, in
writing, by the person or persons in charge or responsible therefor.
Such application shall set forth the following information:
a.
The name, address and telephone number of the person requesting the
special event permit. The person requesting the permit shall be deemed
the contact person for the event unless otherwise specified. If a
second person is specified as the contact person for the event, then
that person's name, address and telephone number shall also be provided.
b.
The name and address of the organization or group the applicant is
representing.
c.
The name, address and telephone number of the person or persons who
will act as chairman of the special event and be responsible for the
conduct thereof. If said person shall be the same as the contact person,
same must be specified.
d.
The number of agents or representatives of the organization hosting
the special event who will be present at the time of and during the
special event shall be provided. Names of such agents and representatives
shall be provided. Some identifying clothing or accessory, such as
name tags, shall be worn by each representative or agent so as to
make such persons readily identifiable. The Township shall approve
any such clothing or accessory as sufficient to identify event personnel.
e.
The activities planned for the event, the estimated number of persons
to participate and/or attend, and the number and types of vehicles
(if any) to participate.
f.
The method of notifying participants and invitees of the rules and
regulations governing the special event, if appropriate.
g.
The date(s) the event is to be conducted and the hours it will commence
and terminate.
h.
The specific assembly and dispersal locations, the specific route
and the plans, if any, for assembly and dispersal.
i.
Whether any music will be provided, either live or recorded.
j.
The number, types and locations of all loudspeakers and amplifying
devices to be used.
k.
Such other information as the Township may deem necessary in order
to properly provide for traffic control, street and property maintenance
and the protection of the public health, safety and welfare.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
a.
A person seeking issuance of a parade permit shall file a supplemental application with the Township Clerk. Said application shall be in addition to the general special events application required pursuant to Subsection a.
b.
An application for a parade permit shall be filed with the Township
Clerk not less than seven nor more than 30 days before the date on
which it is proposed to conduct the parade.
c.
The application for a parade shall set forth the following additional
information:
1.
The route to be traveled, the starting point and the termination
point.
2.
The approximate number of persons, animals and vehicles that will
constitute such parade; the type of animals and description of the
vehicles.
3.
The hours when such parade will start and terminate. This information
shall be in addition to the information provided above which shall
indicate the start and end times of the entire event. The answer to
this question shall specify the actual time for the duration of the
parade itself to the exclusion of any pre- or post-activities.
4.
A statement as to whether the parade will occupy all or only a portion
of the width of the streets proposed to be traversed.
5.
A listing of locations by streets, of any pre-parade assembly areas
for such parade and the time at which units of the parade will begin
to assemble at any such area or areas. For purposes of the public
health, safety and welfare, these times must be specific and rounded
to the quarter hour. The general time of the parade route shall not
include the assembly time. For each street upon which assembly will
occur, a separate time must be provided, as well as an estimated time
of departure from that street to begin the parade. By providing times,
the applicant for a parade permit is acknowledging that the parade
is scheduled to move from the point of origin to its point of termination
expeditiously and without unreasonable delays en route.
6.
The interval of space to be maintained between units of such parade.
7.
Any additional information which the Township Clerk shall find reasonably
necessary for a fair determination as to whether a permit should issue
and any information necessary to secure the public health, safety
and welfare.
8.
If the parade will use or traverse any State or County road or highway
within the Township of Berkeley, the application shall be accompanied
by a written consent or other written authorization to hold such parade
on the date and the time requested, issued by the public agency or
body having jurisdiction and control over said road or highway.
d.
The Township Clerk shall have the authority to consider any application
hereunder which is filed less than seven days before the date such
parade is proposed to be conducted and may at his/her discretion waive
the requirement for certain information if found to be unnecessary
based on the application.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
Once a completed application is submitted, the Township Clerk
shall refer a copy to the Mayor, Township Council, Department of Public
Safety, Division of Inspections (if applicable) and Board of Fire
Commissioners (if applicable). Once the above-referenced Township
Departments have completed their review of the application, they shall
make a recommendation to the Governing Body. Upon consideration of
the recommendation of the Township Departments, if the Governing Body
shall find that the special event is not to be held for any unlawful
purpose and will not in any manner endanger the public health, safety
and welfare or unnecessarily interfere with the public use of the
streets and sidewalks, the Governing Body may approve the application.
After giving consideration to the recommendations of the Township
Departments, the final determination as to whether or not a permit
shall be issued shall be made by the Governing Body.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
All completed special event applications shall be presented
to the Governing Body by the Township Clerk at the meeting next following
the filing of the completed application. The Township Clerk may exercise
reasonable discretion in holding an application from consideration
if the Township Clerk and/or Township Departments determine that an
informed decision cannot be made by the Governing Body without first
obtaining additional essential information.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
Any permit granted under this section may contain conditions
reasonably calculated to reduce or minimize dangers and hazards to
vehicular or pedestrian traffic and the public health, safety and
welfare, including, but not limited to, changes in time, duration
or number of participants. In all cases, the following shall apply:
a.
The conduct of the special event will not substantially interrupt
the safe, and orderly movement of other traffic contiguous to its
route or location.
b.
The conduct of the special event will not require the diversion of
so great a number of Police Officers of the Township to properly police
the line of movement and the areas contiguous thereto as to prevent
normal Police protection to the Township.
c.
The conduct of such special event will not require the diversion
of so great a number of ambulances as to prevent normal ambulance
service to portions of the Township other than those to be occupied
by the proposed line of march and areas contiguous thereto.
d.
The concentration of person, animals and vehicles at assembly points
of the special event will not unduly interfere with proper fire and
police protection of or ambulance service to areas contiguous to such
assembly areas.
e.
The conduct of such special event will not interfere with the movement
of firefighting equipment en route to a fire.
f.
The conduct of the special event is not reasonably likely to cause
injury to persons or property, to provoke disorderly conduct or create
a disturbance.
g.
All directional signs erected in connection with the special event
shall be removed within 24 hours of the termination of the event.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
Pursuant to N.J.S.A. 40:67-16.9, for the purpose of carrying
out the preceding sections of this section, the Governing Body authorizes
the Mayor to provide, by regulation, for the closing of any Township-owned
street, or portion thereof, to motor vehicle traffic on any day or
days or during specified hours on any day or days whenever he/she
finds that such closing is necessary for the preservation of the public
safety, health or welfare. Any regulations promulgated by the Mayor
pursuant to the authority of this section shall provide for the posting
of proper warning signs of such closing of any street, or portion
thereof, during the time same is closed. If any County-owned street
needs to be closed in connection with the special event, it shall
be the responsibility of the applicant to obtain the approval for
the same from the County prior to the commencement of the special
event. Proof of such approval shall be provided prior to the commencement
of the special event. However, the Governing Body may, in its discretion,
approve an application contingent upon the providing of such proof.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
a.
All applicants must provide a Certificate of Insurance specifically
naming the Township of Berkeley as an additional insured providing
general liability, bodily injury and property damage coverage with
minimum limits of liability not less than $1,000,000.
b.
The applicant shall agree to indemnify, defend and hold harmless
the Township, its agents, servants, representatives and employees,
from and against all losses, damages, claims, liabilities and causes
of action of every kind, or character and nature, as well as costs
and fees, including reasonable attorneys' fees connected therewith,
and the expense of investigation thereof, based upon or arising out
of damages or injuries to third persons or their property caused by
the acts, omissions or negligence of the applicant, anyone for whose
acts the applicant may be liable, or any claims arising out of or
in any manner relating to the activities permitted pursuant to this
ordinance to the extent permitted by law. The applicant shall give
the Township prompt and reasonable notice of any such claims or actions.
c.
Where it shall appear that the nature or size of the event or the
existence of other applicable insurance will not reasonably require
the limits hereinabove related, the governing body may set lesser
limits or accept such evidence of other insurance or financial responsibility
as will reasonably afford protection to the participants of the event
and the general public.
[Ord. No. 13-31-OAB § 3; Ord. No. 13-36-OAB]
In instances where the Chief of Police has determined that an
event requires additional security, the applicant shall be informed
of such information. The applicant will thereafter be responsible
for paying for the additional security provided by the Township Police
Department or, shall propose to the Chief of Police an alternate security
plan. The Chief of Police shall determine whether the alternate will
adequately address safety concerns and make a determination as to
what type of security is needed.
[1]
Editor's Note: Prior ordinance history: Ord. No. 13-42-OAB.
[Ord. No. 2016-36-OAB; Ord. No. 2017-03-OAB]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the taking of a still or motion picture, either
on film, videotape, webcam, or digital recording medium, intended
for viewing on television, in movie theaters, on the Internet, or
for institutional uses.
Shall mean any and every public street, highway, sidewalk,
public park, playground or any public place which is within the jurisdiction
and control of the Township of Berkeley.
[Ord. No. 2016-36-OAB; Ord. No. 2017-03-OAB]
a.
Permission to Film. The filming of motion pictures, television shows,
and advertisements, produced for commercial or profit-making purposes
and for distribution or dissemination in movie theaters, on cable
or broadcast television, or over the Internet, is permitted in the
Township provided a permit is obtained as provided herein.
b.
Permit Requirements. To obtain a film permit, the following requirements
must be satisfied:
1.
Issuance. Permits may be obtained from the office of the Township
Clerk upon the filing of an application and payment of all fees required
pursuant to this section.
2.
Approval of Permits. Permit applications shall be reviewed by the
Business Administrator, Chief of Police, Director of Public Works,
and any other Township official designated by the Administrator.
3.
The grant of a permit may be limited by conditions to mitigate the
negative impact of filming such as, the need for security, limited
times of day or any other condition or restriction imposed by the
Township. Those conditions shall be stated in the permit.
4.
Fees:
(a)
Each permit requires the payment of a non-refundable review
fee of $25. The fee shall not be required for student or not-for-profit
filming.
(b)
Daily use fee of $100 shall be charged for filming taking place
on public property. The fee shall not be required for student or not-for-profit
filming.
(c)
Additional fees may be charged for actual costs incurred for
additional requirements such as police security, public works set-up,
clean up and/or restoration of sites.
c.
Exceptions. The permit requirement does not apply to:
[Ord. No. 2016-36-OAB; Ord. No. 2017-03-OAB]
Violation of this section shall be punishable by penalty pursuant to § 1-5 of the Township Code.
[Ord. No. 14-05-OAB § 1]
The purpose of this section is to require the licensing of any
person, firm, corporation, partnership or other entity engaging in,
conducting or operating any business within the limits of the Township
of Berkeley.
[Ord. No. 14-05-OAB § 2]
Hereafter, any person, firm, corporation, partnership of other
entity engaging in, conducting or operating any business within the
limits of the Township of Berkeley shall be required to secure a license
for any business conducted or operated and to pay annually a fee to
the Township of Berkeley for a license to conduct or carry on the
business or operation.
[Ord. No. 14-05-OAB]
a.
The license fee for each mercantile establishment shall be $25 per
year.
b.
The term of the license shall be for the calendar year. Each license
shall expire on December 31st of the year in which it was issued.
c.
The fee for the renewal of a license shall be $25 payable 30 days
prior to the expiration of the license. Failure to renew a license
prior to its expiration shall result in loss of license and shall
require a new application.
[Ord. No. 14-05-OAB; Ord. No. 2017-33-OAB]
Applications for mercantile licenses shall be filed with the Township Clerk with the payment of the fee listed in Subsection 5-29.3. Upon determination of a complete application, the Township Clerk shall issue a mercantile license. The issuance of a valid mercantile license shall not indicate the license holder's establishment is in compliance with all applicable codes.
[Ord. No. 14-05-OAB]
a.
Periodic Inspections.
1.
To ensure the continued health, safety and welfare of the community,
the Township may make periodic inspections of the premises of any
business conducted within the Township. The licensee or its agent
shall admit the inspector to the premises to be inspected at any reasonable
time that admission is requested.
2.
If any violations are found on inspection, the licensee shall be
given five days to correct such violations. If the violation still
persists after reinspection, the license for that operation of such
business shall be revoked.
b.
Any license issued pursuant to this chapter may be suspended or revoked
by the Township Council for cause, after notice and a hearing, or
pending such hearing for:
1.
Fraud, misrepresentation or false statements contained in the initial
license application or renewal form.
2.
Conducting the mercantile activity himself or herself, by an agent,
servant or employee in an unlawful manner that violates the provisions
of this section, Federal Law, State Law or any ordinance of the Township
of Berkeley.
c.
Notice of a hearing to suspend or revoke a license issued pursuant
to this section shall be given in writing personally or by regular
mail to the address contained in the license application. The notice
shall set forth the grounds for the hearing. The hearing date shall
be set at least 10 days from the date of the notice.
d.
Appeal of a license revocation shall be made to the Township Council
at a Township Meeting. A full report of the reasons for revocation
shall be made to the Mayor and Council. In considering the appeal,
the Mayor and Council shall give due regard to the seriousness of
the violations; the good faith efforts, or lack thereof, by the licensee
to remedy such violations; and the reasonable time period necessary
to correct the violations.
[Ord. No. 14-05-OAB]
The license shall be displayed in a conspicuous location on
the premises of the licensed establishment.
[Ord. No. 14-05-OAB]
No license granted to any person, persons or corporation shall
be assignable or transferable to any other person, persons or corporation.
In the event the licensee wishes to move the license from one location
to another, the licensee must first advise the Township Clerk.
[Ord. No. 14-05-OAB]
It shall be unlawful for any person, persons or entity to manage
or conduct any business or to use for any business purpose any vehicle,
room, building, home or other place or thing herein required to be
licensed or to aid or assist or act as employee, clerk or otherwise
in the carrying on of such business unless such license fee has been
paid and such certificate obtained as required pursuant to the provisions
of this section. The purpose of this section is to require the licensing
of any person, firm, corporation, partnership or other entity engaging
in, conducting or operating any business within the limits of the
Township of Berkeley.
[Ord. No. 14-05-OAB]
Any person who violates one or more of the provisions of this section shall be subject to a fine of not more than $1,000 for each separate offense and/or confinement in the Ocean County jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $1,000 may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Existing businesses shall comply with the terms of these provisions by July 1, 2014, or be subject to penalties. Businesses started after the effective date of this section shall comply immediately or be assessed violations. (Section 5-29 was adopted April 7, 2014 by Ordinance No. 14-05-OAB)
[Ord. No. 14-05-OAB]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this section
to be unconstitutional, void, or ineffective for any cause, or reason,
shall not affect any other portion of this section.
[Amended 5-21-2018 by Ord. No. 18-18-OAB]
For the purposes of this section, the terms used herein are
defined as follows:
Shall include, but not be limited to, that portion of a public
sidewalk, public right-of-way, streets, and alleyways which immediately
abuts a restaurant or other establishment serving food and beverage.
An area adjacent to a restaurant or other establishment serving
food and beverages intended to be utilized for the purpose of outdoor
dining that extends into public spaces, such as public sidewalks,
public right-of-way, streets, alleyways and other publicly-owned lands.
A sidewalk cafe is permitted as a use accessory to a principal
restaurant use. No person, however, shall establish, maintain, own
or operate any sidewalk cafe that extends into, or is located entirely
in, any public spaces, including sidewalks, alleyways, public streets,
or other publicly owned lands, without first having obtained a license
from the Township Clerk of the Township of Berkeley. Applicants shall
meet all general ordinance requirements and all building codes applicable
to the proposed activity.
a.
Applications for a sidewalk cafe license shall be made to the Township
Clerk upon forms provided by the Clerk, and such applications shall
be accompanied by a sketch plan setting forth the specific location
for the proposed sidewalk cafe. The sketch plan shall include:
1.
A depiction of all aisles.
2.
Routes of ingress and egress.
3.
Clearances between tables and between the seating area and the curb.
4.
Illustration, rendering or photograph of all proposed furniture,
umbrellas, awnings, planters, fences, signage and other furniture
proposed.
5.
The indoor seating capacity of the restaurant.
6.
Distances from automobile travelways and parking areas.
7.
A litter control plan.
b.
Any person submitting an application for an outdoor cafe or restaurant
license shall submit an application fee in the amount of $100 with
said application. Should an application be approved by the Mayor and
Council of the Township by resolution as specified herein, the applicant
shall pay a licensing fee in the amount of $1 per square foot of public
space utilized for said sidewalk cafe. No fees shall be pro-rated
nor any part thereof refunded for any reason.
c.
The applicant shall indemnify and save harmless the Township of Berkeley,
its employees, agents or officers from all claims, losses, liens,
expenses, suits and attorney fees (liabilities) arising from the placement,
operation and maintenance of the applicant's sidewalk cafe. The applicant
agrees to name the Township of Berkeley as an additional insured under
the applicant's general liability insurance (minimum required limit
of $1,000,000), bodily injury, property damage and personal injury,
and maintains such insurance for such time as the sidewalk cafe exists.
The owner shall provide the Clerk with evidence of such insurance.
d.
Upon receipt of a license application with the appropriate fee, the
Township Clerk shall refer the application to the proper officer for
a physical inspection of the premises for which the license is to
be issued. The inspecting officer shall make a report thereon after
receiving the licensing application. The inspection shall consider
the potential interference with pedestrian or vehicular traffic, appropriateness
of design, the business record of the applicant and general public
safety, health and welfare considerations, and that the business and
premises are in compliance with all applicable ordinances of the Township
of Berkeley, and any other appropriate regulations, such as the Uniform
Construction Code.
The following regulations shall apply to sidewalk cafes:
a.
The sidewalk cafe may have a retractable awning or umbrella and may
contain furniture, including tables, chairs, and planters that are
easily portable and that can be moved inside the principal structure.
b.
A minimum pedestrian walkway of 48 inches shall be maintained at
all times. The area shall be unobstructed by trees, tree wells, light
poles, trash receptacles, sign poles and posts, and similar structures.
c.
No outdoor service shall be provided before 6:00 a.m. or after 10:00
p.m.
d.
Live music, amplified music or other entertainment shall comply with
the noise limitations of Township ordinances.
e.
Outdoor lighting shall not shine onto adjoining properties.
f.
The carrying of any open container of alcoholic beverages shall be
prohibited outside the delineated area of the sidewalk cafe.
g.
The sidewalk cafe shall not interfere with safe pedestrian and vehicular
traffic on or in the vicinity of the restaurant or lot.
h.
The owner of the restaurant is responsible for keeping the pedestrian
walkway in front of the premises clean and free of trash and debris
on at least a daily basis.
i.
The area must be properly maintained at all times including complying
with the litter control plan, complying with all applicable laws,
rules, regulations and codes, properly securing or removing tables,
chairs and other items during times of inclement weather and high
wind; further, at no time shall chairs, tables or other items be stacked
in the area.
Any and all licenses issued pursuant to the term of this chapter
shall permit sidewalk cafe operations to begin no earlier than April
1 of the year in which the license is issued and expiring no later
than December 1 of the same year.
All street furniture (including tables and chairs) must be removed
from the public spaces area between December 1 and April 1.
No license granted to any person, persons or corporation shall
be assignable or transferable to any other person, persons or corporation.
[Added 2-27-2023 by Ord.
No. 23-03-OAB]
A document issued by an insurance company licensed to do
business in the State of New Jersey including the policy holder's
name, the address of the covered property, the policy effective and
expiration dates, the type of coverage, the policy limits, the policy
carrier and the names of any additionally insured parties.
[Added 2-27-2023 by Ord.
No. 23-03-OAB]
The owner of a business, a rental unit, or rental units located
in the Township shall be required to register a certificate of insurance
annually by January 1 of each year with the Municipal Clerk as follows:
a.
The owner of any business located in the Township shall file a certificate
of insurance in an amount no less than $500,000 for combined property
damage and bodily injury to or death of one or more persons in any
accident or occurrence.
b.
The owner of a rental unit or units, with the exception of multifamily
homes containing four or fewer units one of which is owner occupied,
located in the Township shall file a certificate of insurance in an
amount no less than $500,000 for combined property damage and bodily
injury to or death of one or more persons in any accident or occurrence.
c.
The owner of multifamily home containing four or fewer units one
of which is owner-occupied located in the Township shall file a certificate
of insurance in an amount no less than $300,000 for combined property
damage and bodily injury to or death of one or more persons in any
accident or occurrence.
[Added 2-27-2023 by Ord.
No. 23-03-OAB]
Registration of a certificate of insurance is subject to a mandatory
administrative fee of $25 annually.
[Added 2-27-2023 by Ord.
No. 23-03-OAB]
a.
Any person violating or failing to comply with any other provision
of this section shall, upon conviction thereof, be punishable by a
fine of no less than $500 and no more than $5,000, as determined in
the discretion of the Municipal Court Judge.
b.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
