[Ord. No. 1576 § 1; Ord. No. 04-50 § 1]
It shall be unlawful for any person, firm, corporation or other
business entity to commence or carry on any profession, trade, business,
calling, soliciting, canvassing, peddling, hawking, or any itinerant
merchant or transient vending occupation or business (hereinafter
inclusively referred to as "occupation") in the Township of Neptune
(the "Township"), in the County of Monmouth, State of New Jersey,
without first having procured a mercantile registration from the Township
authorizing such occupation to conduct such business in the Township.
An applicant conducting an occupation at one (1) or more locations
shall be required to obtain a mercantile registration for each address,
building, building unit (unless connected by a common interior door
and used for the same occupation), property, structure or premises
to conduct such occupation. Noncompliance with any and all of the
provisions of this chapter, or any other ordinance adopted by the
Township being in full force and effect, shall constitute a separate
and distinct violation for each and every day that such occupation
continues to be conducted without procuring a mercantile registration.
Neptune Township Code Enforcement and the Neptune Township Police
Department, or any of their designated representatives, shall enforce
the mercantile registration, and the codes and regulations adopted
herein, in all buildings, structures and premises within the established
boundaries of Neptune Township, excluding one-family owner-occupied
structures. The applicant shall also faithfully comply with the requirements
of the Uniform Fire Safety Act, Uniform Fire Code and any and all
other ordinances adopted by the Township, or any regulations, statutes,
laws, codes or otherwise enforceable by the Township of Neptune, County
of Monmouth, State of New Jersey, United States of America or any
other governmental entity who may have authority to regulate the applicant's
business.
[Ord. No. 1576 § 2;
amended 8-22-2022 by Ord. No. 22-40]
When used in this chapter, the following terms shall have the
following meanings:
For the purpose of this chapter, any person, whether as principal
or agent, clerk or employee, either for himself/herself or any other
person, or for anybody corporate or an officer of any corporation
or otherwise, shall be deemed engaging in business and subject to
the provisions of this chapter when he or she does one act of selling
any goods or service or soliciting business or offering goods or services
for sale or hire or acquiring or using any vehicle, machine or device,
or any land or premises in the Township for business purposes.
Includes any person, whether a resident of the Township or
not, who goes from house to house, from place to place or from street
to street, conveying or transporting goods, wares or merchandise and
offering or exposing the same for sale, or making sales and delivering
articles to purchasers.
Includes any firm, partnership, partner, corporation or corporations,
or persons. This chapter shall also include any person who distributes
circulars or any other matter from house to house in the Township.
Any act wherein any person transfers to a customer goods,
wares, merchandise, food or services in the ordinary course of their
business and shall include not only the act of selling but also the
opportunity to display goods and to interact with potential customers.
Includes any person, whether a resident of the Township or
not, who goes from house to house, from place to place or from street
to street, soliciting or taking or attempting to take orders for sale
of services, goods, wares or merchandise, including magazines, books,
periodicals, photographs or personal property of any nature whatsoever
for future delivery or for service to be performed in the future,
whether or not such individual has, carries or exposes for sale a
sample of the subject for such order or whether or not he or she is
collecting advance payments on such orders.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1576.
[Ord. No. 04-50 § 1]
It shall be the duty of the Township Registration Officer to
review applications and approve or deny registrations under this chapter
for every person, firm, corporation or other business entity required
to pay a registration hereunder. The registration shall set forth
the fee and the calendar dates for which such shall be effective.
The registration shall also state the name of the person, firm, corporation
or other business entity to whom the registration was issued; the
categorization of the occupation; and the address, location or place
of business where such occupation is permitted.
[Ord. No. 04-50 § 1]
Unless otherwise specifically provided for herein or written
in the registration, no registration granted or issued under the provisions
of this chapter shall be transferred or assigned to any other person,
firm, corporation or other business entity, other than as set forth
in the registration. It is a violation of this chapter if any other
person, firm, corporation or other business entity conducts the same
or different occupation at the same or any other address without first
obtaining a registration required under this chapter.
[Former § 4-3.3 Transfer of Registration to New
Place of Business was repealed 8-22-2022 by Ord. No. 22-40. History includes Ord. No. 04-50 § 1]
[Ord. No. 04-50 § 1]
Registration shall be posted and exhibited in a conspicuous
part of the place of business, and readily visible by consumers and
Township officials. Every person, firm, corporation or other business
entity who has a registration, without having a fixed place of business,
shall carry such registration with him at all times while conducting
the business for which the same was granted. Every person, firm, corporation
or other business entity with a registration under the provisions
of this chapter shall produce and exhibit the same whenever requested
to do so by any Township Police Officer, the Township Registration
Officer or by any other Township official authorized to inspect registrations.
[Ord. No. 04-50 § 1;
amended 8-22-2022 by Ord. No. 22-40]
An applicant shall pay a fee of $20 for each duplicate registration
requested to replace any registration issued under the provisions
of this chapter. In no case shall any error made by the Township Registration
Officer in calculating the amount of a registration fee prevent or
prejudice the collection by the Township of Neptune of the amount
which shall be actually due from anyone carrying on a business subject
to a registration under this chapter.
[Ord. No. 04-50 § 1]
No refund shall be made for a mercantile registration application
fee as a result of denial or withdrawal of any registration application.
[Ord. No. 04-50 § 1]
The payment of a registration fee required by this section,
it's acceptance by the said Township, and the issuance of a mercantile
registration shall not entitle or authorize the holder thereof to
carry on any business in the Township of Neptune if such business
would violate any ordinance of the Township of Neptune, or any statute,
rule, regulation or otherwise promulgated by the United States of
America, the State of New Jersey, County of Monmouth, Township of
Neptune or other governmental entity.
[Ord. No. 04-50 § 1]
Every person, firm, corporation or other business entity required
to register under this chapter shall comply with all laws of the State
of New Jersey and ordinances of the Township of Neptune relating and
pertaining to the preservation and protection of the lives, health,
morals and general welfare of the citizens and visitors of the Township.
For that purpose, the person, firm, corporation or other business
entity hereby authorizes the Township Registration Officer, Code Enforcement
Supervisor, Health Officer, Fire Inspector, Police Officer or any
of their designated representatives to conduct inspections of any
structure, building or premises at reasonable hours to ensure compliance
with this chapter. Upon completing such inspections, it shall be the
duty of those Township officials or their designated representatives
to report to the Township Committee any violation of any laws of the
State of New Jersey or of the Ordinances of the Township of Neptune,
relating to the preservation and protection of the lives, health,
morals and general welfare of the citizens and visitors in the Township.
The Township Committee shall order and direct said officers forenamed
to take such actions as they deem necessary and lawful to remedy and
correct any violation.
[Ord. No. 04-50 § 1]
When any person, firm, corporation or other business entity
applies for a registration to conduct any business which is not then
being conducted at the building, land or premises for which the registration
is sought, the Township Registration Officer shall first require the
applicant to apply for a zoning permit with the Township Zoning Officer,
to determine if the use is a permitted use in accordance with all
applicable zoning ordinances or a continuation of a preexisting, nonconforming
use at the building, land or premises, which has been grandfathered
as a continuous use. If it is determined by the Zoning Officer that
the proposed use does not comply with the zoning ordinance or it jeopardizes
or constitutes a menace to the lives, health, morals, safety or general
welfare of the citizens and visitors of the Township of Neptune, the
Township Registration Officer shall refuse to issue the mercantile
registration. Any denial or other action taken by the Township Registration
Officer may be appealed within fifteen (15) days from the date of
denial or action by the Township Registration Officer. Appeals may
be made to the Township Committee who shall, after notice and hearing,
determine whether the action of the Township Registration Officer
shall be affirmed or reversed.
[Ord. No. 04-50 § 1; Ord. No. 10-29 § 1; amended 8-22-2022 by Ord. No. 22-40]
All registration fees shall be paid in advance of any determination
by the Township Registration Officer, and shall be tendered in lawful
money of the United States at the office of the Mercantile Registration
Officer of the Township of Neptune. All annual registrations shall
date from the first day of January and expire on the last day of December
of each year. The registration fee shall be 1/2 of the registration
fees contained herein for any new registration applied for after September
1st of the current licensing year. No greater or lesser amount of
money shall be received for any registration than is provided in the
section, and no registration shall be issued for any period of time
other than as provided herein. There will be a late fee penalty of
$25 for each registration not received by January 31 of the current
registration year.
[Ord. No. 04-50 § 1]
Home occupations are permitted occupations set forth in the
Neptune Township Zoning Ordinance or other applicable Township Ordinances
that are incidental to residential use of the premises and are conducted
in the main building by a resident of the premises without assistance
from nonresidents. Such occupations may not occupy more than thirty
(30%) percent of the floor area of one (1) floor of the main building.
Registration for home occupations shall prohibit the following:
a.
Client appointments shall not be conducted at the home.
b.
Frequent deliveries of merchandise shall not be accepted at the home.
c.
Nonresident employees shall not work at the home.
d.
Displaying goods or signs on the residence or grounds to identify
the occupation shall not be permitted.
e.
Storing hazardous materials in the home or on the grounds shall be
prohibited.
f.
Storing large equipment or supplies on the grounds of the residence
shall be prohibited.
|
Any behavior or activity related to operating the home occupation
that disturbs the quiet demeanor of the residential area will be cause
for the Mercantile Registration Officer to give notification, in writing,
to the Township Committee to schedule a hearing for review of compliance
or noncompliance with the regulations for operating a home occupation
as cited in this chapter or any related ordinance.
|
[Added 12-12-2022 by Ord. No. 22-55]
a.
The owner of a business or the owner of a rental unit or units shall
maintain liability insurance for negligent acts and omissions in an
amount of no less than $500,000 for combined property damage and bodily
injury to or death of one or more persons in any one accident or occurrence.
b.
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
c.
The owner of a business, owner of a rental unit or units, and the
owner of a multi-family home of four or fewer units, one of which
is owner occupied, shall annually register the certificate of insurance
demonstrating compliance with the noted insurance requirements with
the application for Mercantile Registration.
[Ord. No. 1576 § 13
[1]; amended 12-6-2021 by Ord. No. 21-50]
The purposes of this section are to:
(1)
Deter the use of peddling or soliciting to gain access to homes or
other premises for criminal purposes;
(2)
Maintain peace, comfort, quiet and privacy for residents of Neptune
Township while balancing the same against the opportunity for peddlers
and solicitors to exercise their rights of free speech;
(3)
Discourage unethical, dishonest and illegal business practices;
(4)
Prevent dishonest solicitation of funds;
(5)
Protect the safety and welfare of the inhabitants of Neptune Township
as well as peddlers and solicitors engaged in such activities within
Neptune Township; and
(6)
Preserve the safety and order in and about the streets, sidewalks,
businesses and public areas in Neptune Township.
[Ord. No. 1576 § 13
[2]; amended 12-6-2021 by Ord. No. 21-50]
As used in this section, the following terms shall have the
meanings indicated:
See definition of "solicitor" below.
Pertaining to or engaging in commerce, or prepared, done
or acting with the sole emphasis on salability or profit. The term
"commercial" shall not include charitable or political speech.
Any natural person.
All goods, wares, magazines, subscriptions, periodicals,
printed material, all types of orders or contracts for services, home
improvements or alterations and anything that may be sold or distributed
shall be considered "merchandise" for purposes of this section.
Any organization tax-exempt under Section 501(c)(3) of the Internal
Revenue Code;
Any organization created under or otherwise subject to the provisions
of Title 15A of the New Jersey Statutes;
Any organization, whether or not qualified under Section 501(c)(3)
of the Internal Revenue Code or subject to the provisions of Title
15A of the New Jersey Statues, whose primary purpose is to benefit
the school-age children of Neptune Township, including but not limited
to schools, school clubs and organizations, Cub Scouts, Boy Scouts,
Brownies, Girl Scouts and similar youth groups;
Any organizations whose primary purpose is to advocate for religious
or political causes, whether or not qualified under Section 501(c)(3)
of the Internal Revenue Code or subject to Title 15A of the New Jersey
Statutes; and
Any department within Neptune Township's municipal government
structure, including but not limited to the Police Department and
any volunteer fire or first aid company that is located in, has substantial
membership from, or serves Neptune Township.
Any person who goes from house to house or place to place
by any means of conveyance by carrying or transporting merchandise
for the purpose of selling or delivering the merchandise to customers.
The term "peddler" shall include the words "hawker," "huckster" and
shall also include a person who from time to time offers merchandise
for sale from one or more fixed locations out of doors, when merchandise
is displayed or stored in a motor vehicle located on the property,
whether the property is owned by the person or by others.
Includes any natural person, canvasser, peddler, hawker,
firm, partnership, corporation, organization, club, limited liability
company, or association or any principal agent, employee or representative
thereof.
An individual who goes from house to house or from place
to place by any means of conveyance, soliciting or attempting to take
orders for the sale of merchandise or services of any kind for future
performance or delivery, whether or not such individual has, carries
or exposes for sale a sample of the merchandise or service and whether
or not he/she is collecting in advance for payments on such sales
or orders. The word "solicitor" shall also mean any individual who
goes from house to house or from place to place for the purpose of
obtaining contributions or subscriptions or who does research analysis,
makes surveys or opinion polls, obtains rating data or similar information,
distributes advertisements or handbills of a commercial nature or
who engages in any similar work which involves a door-to-door or place-to-place
activity. The word "solicitor" shall also include the word "canvasser."
[Ord. No. 1576 § 13
[3]; amended 12-6-2021 by Ord. No. 21-50]
It shall be unlawful for any solicitor, canvasser, peddler or
hawker, as defined in this section to engage in any such business
or operation in the Township without first obtaining a license thereof
in compliance with the provisions of this section, and adhering to
the regulations set forth in this section and carrying the license
upon their person or displaying the license in a conspicuous place
at all times during the conduct of the licensed activity.
[Ord. No. 1576 § 13
[4]; amended 12-6-2021 by Ord. No. 21-50]
All applicants or licensees attempting to apply for or renew
a license must complete an application form prescribed by the Mercantile
Registration Office, which shall include the following information:
a.
Applicant's name, permanent address, local address (if different
from permanent address) and telephone number;
b.
Name and address of the organization or person(s) on whose behalf
soliciting or peddling is being made, together with telephone numbers;
c.
A description of the nature of merchandise to be sold;
d.
Motor vehicle registration number, make and model of any motor vehicle
used by the applicant in connections with his/her activity;
e.
Applicant's government-issued photo identification, which the Mercantile
Office will photocopy and attach to the application;
f.
If the applicant is an agent, employee or representative, he/she
shall attach to the application a letter from the person or organization
for whom the applicant works or represents, authorizing the applicant
to act as its agent, employee or representative and assuming responsibility
for the applicant's conduct;
g.
The length of time for which the right to do business is desired
and the days of the week and the hours of the day in which the business
will be conducted;
h.
The source of supply of the goods or property or services proposed
to be sold, where such goods, services or products are located and
the method of delivery;
i.
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor or violation of any Municipal Ordinance other
than traffic violations, the nature of the offense and the punishment
or penalty assessed therefore;
j.
All applicants selling merchandise subject to sales tax shall submit
a copy of a valid certificate of authority issued by the Director
of the New Jersey Division of Taxation, pursuant to N.J.S.A. 54:32B-15,
empowering the applicant to collect sales tax. Certificates shall
not be required for the sale of property exempt from sales and use
taxation pursuant to N.J.S.A. 54:32B-8.2;
k.
Pay the nonrefundable license fee of $100 per solicitor, canvasser,
peddler or hawker;
l.
Submit two two-inch-by-two-inch passport-sized photos;
m.
The applicant shall obtain a background check by the designated vendor
approved by the Neptune Township Police Department;
n.
Persons may not operate until the application has been approved by
the Neptune Township Police Department and issued by the Mercantile
Office;
o.
Licenses are not transferable between solicitor, canvasser, peddler
or hawker;
p.
Any veteran who holds a special county license issued under the laws of the State of New Jersey shall be exempt from securing a license as provided herein for hawking and peddling, but shall be required to comply with, all other provisions of this section applicable including but not limited to § 4-4.4c and d.
[Ord. No. 1576 § 1
[5, 6]; amended 5-10-2021 by Ord. No. 21-16; 12-6-2021 by Ord. No. 21-50]
a.
Any person, organization, society or association desiring to solicit or have solicited in its name, money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Township, said persons or organizations shall be exempt from § 4-4 and will not have to file any sworn application in writing either for notification purposes or seeking a license, if said person or organization falls under the following categories:
1.
Any charitable, religious, patriotic, political or philanthropic
purpose.
2.
Any organization or person representing said organization which qualifies
for tax exemption under the Internal Revenue Service Code.
3.
Any organization or person representing said organization that qualifies
for exemption from sales tax under N.J.S.A. 54:32B-9 or created under
Title 15A of the New Jersey Statutes.
4.
Persons delivering goods, wares or merchandise in the regular course
of business to the premises of persons ordering or entitled to receive
said goods, such as but not limited to delivery of milk, eggs, bread,
newspapers or other necessary and/or perishable articles of food or
merchandise of the type commonly delivered on a house-to-house basis
at intervals of less than one week.
5.
Federal Census takers and polls or surveys taken pursuant to federal,
state or local law.
6.
Veterans or volunteer fireman, first aid, individuals representing
said groups holding a special license pursuant to N.J.S.A. 45:24-9,
who shall be obligated to carry said license or proper identification.
7.
Halloween trick or treaters.
8.
It shall be unlawful for any person under the age of 18 to solicit
under this section unless supervised by a person at least 18 years
of age or older and who will be in sight of and no more than 100 feet
away from an individual who is 18 years of age or older.
[Ord. No. 1576 § 13
[7]; amended 12-6-2021 by Ord. No. 21-50]
a.
Following the filing of a complete application and payment of the License Fee as set forth in § 4-4.4 to the Mercantile Registration Office, the Mercantile Office shall forward the application to the Chief of Police, who shall, as soon as practicable but no later than 30 days after the applicant is fingerprinted, make such investigation within the limits of the resources available to the Chief, which may include background checks, statements made in the application and the business responsibility and character of the applicant or any employee or agent who shall engage in the licensed activity, for the protection of the public good. Where sufficient cause is show therefor, the Chief of Police shall have such additional time as may be reasonable necessary to make the investigation.
b.
If, as a result of such investigation, the character or business
responsibility of the applicant or any employee or agent who shall
engage in the licensed activity is found to be unsatisfactory, the
Chief of police shall endorse on the application his disapproval and
the reasons therefore and return the application to the Mercantile
Office. The Chief of Police may disapprove an application if such
disapproval is based on one or more of the following findings with
respect to the applicant:
1.
Conviction of any crime, disorderly person's offense or petty disorderly
person's offense involving deceptive business practices or fraud,
or a violation of any ordinance enacted in any municipality concerning
peddling, solicitation or hawking.
2.
Record of breaches of peddling, solicitation or hawking merchant
contracts.
3.
Fraud, misrepresentation or false statements contained in the application
for license.
4.
In the absence of such findings, the Chief of Police shall find the
applicant satisfactory and shall endorse his approval on the application
and return the application to the Mercantile Office.
[Ord. No. 1576 § 13
[8]; amended 5-10-2021 by Ord. No. 21-16; 12-6-2021 by Ord. No. 21-50]
Every person, individual, partnership, corporation, limited
liability company, association, society, association or organization
to which a license is issued under the terms of this section shall
be governed by the following rules and regulations:
a.
All circulars, samples or other matter shall be handed to an occupant
of the property and not left on or about the same;
b.
No person subject to the provisions of this section shall canvass,
solicit or distribute circulars or other matters or call from house
to house except during the hours of 1:00 p.m. through 5:00 p.m. Monday
through Friday. No commercial solicitation, distribution or canvassing
is permitted Saturday or Sunday in the Township of Neptune;
c.
No person subject to the terms of this section shall enter or attempt
to enter the lands of any resident in the Township of Neptune without
an express invitation from the occupant of the residence;
d.
No person subject to the terms of this section shall conduct themselves
in such a manner as to become objectionable to or annoy an occupant
of any residence;
e.
Licensees are required to exhibit their certificate of license at
the request of any citizen or member of the Police Department;
f.
No person shall sell anything other than such commodities described
in his/her application;
g.
No person shall hawk, peddle or canvass unless they have in their
possession a valid state license, issued pursuant to Title 45, New
Jersey Statutes Annotated, and his/her registration card.
[Ord. No. 1576 § 13
[9]; 12-6-2021 by Ord. No. 21-50]
The Chief of Police shall report to the License Officer all
convictions for violations of this section and the License Officer
shall maintain a record for each license issued and record reports
of violations therein.
[Ord. No. 1576 § 13
[10]; amended 12-6-2021 by Ord. No. 21-50]
a.
Licenses issued under provisions of this section may be revoked by
the Neptune Township Mercantile Officer and/or Neptune Township Police
Department after notice and hearing for any of the following causes:
1.
Fraud, misrepresentation or a material incorrect statement(s) contained
in the application for license.
2.
Fraud, misrepresentation or a material incorrect statement made in
the course of carrying on his/her business as a canvasser, peddler
or hawker under this section;
3.
Any violation of this section;
4.
Conviction of any crime or misdemeanor;
5.
Conducting the business of a canvasser, peddler or hawker, as the
case may be, in an unlawful manner or in such a manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
b.
Such notice of revocation shall be mailed to the licensee at the
address listed on the licensee's application or amendment thereto
no later than five days prior to the date set for hearing by postage
prepaid, or shall be delivered by the Police Department in the same
manner as a summons at least three days prior to the date set for
said hearing.
c.
Appeals of any said revocation, or denial or rejection of an application
shall be submitted in writing no later than 15 days from the date
of mailing of the notice of revocation or denial or rejection. Said
requests will be received by the Business Administrator, Chief of
Police and the Mercantile Registration Officer, where a hearing may
be requested by the licensee.
[Ord. No. 1576 § 13
[11]; amended 12-6-2021 by Ord. No. 21-50]
This section shall not affect any person engaged in delivering
wares, goods or merchandise or other articles or things in the regular
course of business, to the premises of the person ordering or entitled
to receive the same.
a.
Any person violating the terms of this section shall be punishable
as follows:
1.
First offense: a fine of $500;
2.
Second offense: a fine of $1,000 and suspension for obtaining a mercantile
license for five years;
3.
Third or subsequent offense: a fine of $1,500 and/or up to 90 days
in jail and/or a period of community service of not more than 90 days,
or a combination thereof.
4.
In the event that an offense is a continuing one, then each day,
or portion of a day, such offense continues shall be deemed a separate
and distinct offense and shall be punishable as such as provided herein.
5.
No person convicted on a third or subsequent offense shall be entitled
to a new license for a period of seven years from the third or subsequent
offense.
[1]
Editor's Note: This ordinance also repealed former Subsections
4–4.12, Vehicles; Conditions, Ord. No. 1576 § 13 [13]; 4-4.13, Conducting Business from Vehicle, Ord. No. 1576 § 13 [14]; 4-4.14,
Removal of Debris, Ord. No. 1576 § 13 [15]; 4-4.15, Merchandise in Bags or Containers, Ord. No. 1576 § 13 [16]; 4-4.16,
To Prohibit Eating from Vehicle, Ord. No. 1576 § 13 [17]; 4-4.17, Compliance Required, Ord. No. 1576 § 13 [18]; 4-4.18,
Inspection of Vehicle, Ord. No. 1576 § 13 [19]; 4-4.19, Expiration of License, Ord. No. 1576 § 13 [20]; and 4-4.20,
Nonapplicability to Delivery of Goods, Ord. No. 1576 § 13 [21].
[1]
Editor's Note: Former Section 4-5, Special Events, Flea Markets
and Related Activities, previously codified herein and containing
portions of Ordinance No. 1576, was repealed in its entirety by Ordinance
No. 10-29.
[12-6-2021 by Ord. No.
21-51]
The purpose of this section is to regulate and license mobile
food vendors, who are anyone who sells food or beverages from a vehicle
such as a truck, van or pushcart, whether such food or beverages are
prepared on site or prepared elsewhere and transported to the site
of the sale.
[12-6-2021 by Ord. No.
21-51]
a.
No person shall conduct, operate or maintain a mobile food vendor
establishment without first obtaining a license to do so issued by
the Mercantile Registration Officer upon payment of the sum of $300
per year or a fraction of a year per vehicle to be operating and $50
per operator. Such license shall expire on the next March 30 after
issuance, unless sooner, suspended or revoked. Renewals of any license
shall not be issued after May 30 of the renewal year. Any licensee
who fails to renew a license by March 30 shall not be permitted to
operate until said license is renewed within the grace period as set
forth herein;
b.
The number of licenses which may be issued to mobile food vendors
shall not exceed 25 licenses. In the event that a license is revoked
or if it is not renewed after May 30 of the renewal year, then any
such license may be issued to an applicant for such license on a first-come-first-served
basis. The Mercantile Registration Office shall maintain a waiting
list for such revoked or nonrenewed licenses and shall notify the
person at the top of the list that such a license is available;
c.
Mobile food vendors shall affix to the vehicle or pushcart a copy
of the license issued by the Mercantile Registration Office, sanitary
health certificate issued by the Monmouth County Health Department,
the certificate of registration issued by the New Jersey Division
of Taxation, and shall have displayed prominently on or adjacent to
the doors of the vehicle, a placard or lettering with the name and
address of the owner, lessee and/or lessor of the vehicle. Said information
shall be in letters and numbers no less than three inches in height
in accordance with N.J.S.A. 39:4-46;
d.
Mobile food vendor licenses are not transferable between vehicles
or operators;
e.
All fees must be paid at the time of application and are not refundable.
[12-6-2021 by Ord. No.
21-51]
a.
All applicants or licensees attempting to apply for or renew a license
must complete an application/reapplication form prescribed by the
Mercantile Registration Office, pay the license fee prescribed and
provide proof of the following:
1.
Certificate of registration issued by the NJ Division of Taxation;
2.
Two two-inch-by-two-inch passport-sized photos;
3.
Proof of ownership or rental of an approved vehicle or pushcart;
4.
Proof of general liability insurance providing a minimum of $1,000,000
coverage for nonmotorized mobile food vendor vehicles;
5.
Proof of motor vehicle insurance per N.J.S.A. 39:6B-1, if the mobile
food vendor operates from a motor vehicle, in addition to proof of
general liability insurance providing a minimum of $1,000,000 coverage;
6.
A satisfactory inspection report issued no more than 30 days prior
to a license being issued or renewed;
7.
The applicant shall obtain a vendor background check by the designated
vendor approved by the Neptune Township Police Department;
8.
Mobile food vendors may not operate until the application has been
approved by the Neptune Township Police Department and license issued
by the Mercantile Office.
[12-6-2021 by Ord. No.
21-51]
a.
All mobile food vendors shall provide trash and recycling receptacles,
and shall collect all trash and debris within 25 feet before leaving
their site. Collected trash must not be deposited in public trash
receptacles;
b.
No mobile food vendor shall occupy the sidewalk, i.e., park a motorized
vehicle in the street and dispense food from the sidewalk or set up
a pushcart on the sidewalk and dispense food in the street. Operation
shall be from the street. Operation on any sidewalk shall be prohibited;
c.
New or replacement mobile food vendor trucks, vans, pushcarts or
other mobile food vendor vehicles shall be inspected by the Department
of Health before operating. No changes shall be made to approved mobile
food vendor trucks, vans, pushcarts or vehicles without re-inspection
by the Department of Health, and all certifications of approval must
be visible to the public;
d.
No mobile food vendor shall serve food or drink to a motorist or
occupant of a vehicle blocking the passage of traffic;
e.
No mobile food vendor shall occupy street space blocking the passage
of traffic;
f.
All mobile food vendors' vehicles and pushcarts shall be self-contained;
no cooler is to be placed on streets or sidewalks;
g.
No mobile food vendor shall provide in-truck or in-vehicle dining
services or sidewalk tables and chairs;
h.
Grills, generators or other items related to mobile food vendor operations
shall be physically attached to the vehicle or pushcart;
i.
Mobile food vendors must have a portable water tank/sink for handwashing
attached to their vehicle as per N.J.A.C. 8:24-5.3;
j.
All motorized vehicles must abide by all existing traffic and parking
regulations;
k.
All mobile food vendors shall not be permitted to operate and shall
be off the streets and sidewalks of the Township of Neptune during
the period from 9:00 p.m. to 9:00 a.m. daily;
l.
All mobile food vendors' units must be on wheels and mobile;
m.
No mobile food vendor's vehicle shall be left unattended for any
reason on the streets or sidewalks of the Township of Neptune;
n.
No mobile food vendor shall set up, maintain or permit the use of
tables, crates, cartons or other device to increase the selling or
display capacity of his or her unit or motor vehicle. There shall
be no stacking of items to be sold upon any sidewalk or street. All
materials and/or merchandise must be located solely on the vending
unit;
o.
No mobile food vendor shall use any device which produces a loud
or raucous noise or use or operate any loudspeaker, public address
system, radio, sound amplifier or similar device to attract the attention
of the public while stopped;
p.
Any mobile food vendor's vehicle operating within the Township of
Neptune shall not remain in any fixed location for more than five
minutes from its last sale to any patron. When operating within the
Township, such mobile food vending units shall park only in areas
where automobiles are permitted to park and shall begin the sale of
foodstuffs with five minutes of the time it so parks and shall leave
that location within five minutes of its last sale to pedestrian patrons
using the food service;
q.
All mobile food vendors shall display, in clear view of all patrons,
pricing for all products offered for sale;
r.
All equipment, including the vehicle which is used by mobile food
vendors, shall be subject to proof of inspection upon application
for a license from a qualified equipment and motor vehicle inspection
garage or service indicating that the motor vehicle and all equipment
is in compliance with applicable State Motor Vehicle Statutes.
[12-6-2021 by Ord. No.
21-51]
a.
No mobile food vendors shall operate upon private property. No owner
or person in control or in possession of private property shall permit
any mobile food vendors to be operated upon said property.
b.
No mobile food vendors shall operate in any area where parking of
motor vehicles is prohibited, restricted or regulated. Such areas
shall include, but not be limited to, sidewalks, bus stops, taxi stands,
fire hydrants, parking metered areas, loading zones, areas where parking
is prohibited, such as from the corner of an intersection as indicated
by curb markings, areas reserved for physically handicapped motor
vehicle operators, crosswalks, driveways and any other areas so restricted,
prohibited or regulated for the parking of motor vehicles.
[12-6-2021 by Ord. No.
21-51]
a.
The license of a person who violates any provision of this section
may be revoked or suspended immediately upon violation. A notice shall
be mailed and will contain the specific provisions of this section
which has been violated and the specifications which shall constitute
the violation. Licenses may be revoked or suspended for any violation
of this section or for any repeated violations thereof. Any license
of a mobile food vendor whose license has been revoked shall not be
qualified to receive a new license or have said license restored to
said person;
b.
Any mobile food vendor who is charged with a violation shall have
the right to be represented by an attorney and said facts shall be
stated on the notice served upon said mobile food vendor;
c.
Any mobile food vendor whose license has been revoked or suspended
shall have a right to appeal such revocation or suspension to the
Business Administrator and a representative from the Neptune Township
Police Department.
[12-6-2021 by Ord. No.
21-51]
a.
Any person violating the terms of this section shall be punishable
as follows:
1.
First offense: A fine of $500;
2.
Second offense: A fine of $1,000 and suspension for obtaining a mercantile
license for five years;
3.
Third or subsequent offense: A fine of $1,500 and/or up to 90 days
in jail and/or a period of community service of not more than 90 days,
or a combination thereof;
4.
In the event that an offense is a continuing one, then each day,
or portion of a day, such offense continues shall be deemed a separate
and distinct offense and shall be punishable as such as provided herein;
5.
No person convicted on a third or subsequent offense shall be entitled
to a new license for a period of seven years from the third or subsequent
offense.
b.
In addition to the penalties set forth herein, any person operating
as a mobile food vendor who violates any provisions of this section,
the vehicle, cart or establishment which is being operated as such
shall be impounded by the Neptune Township Police Department. In the
event that any such vehicle is impounded, the vehicle, cart or truck
may be redeemed by the person upon payment of the cost of impounding
and the storage charges established by municipal ordinance. Said storage
charge and costs of impounding shall be the same as are established
for the impounding of motor vehicles.
[Ord. No. 1576 § 15;
New]
a.
No
person, firm or corporation shall hire out, keep or use for hire or
pay, or cause to be kept for use or hire or pay, any horse-drawn vehicle,
hereinafter called vehicle, within the territorial limits of the Township
without first having obtained a license for that purpose.
b.
Applications
for a license to operate vehicle or vehicles shall be made by the
owner, lessee or bailee upon a form to be furnished by the Township
Mercantile License Officer. Such application shall contain the full
name and address of the applicant, the year, type and model of the
vehicle for which the license is desired, and the number of persons
the vehicle will accommodate, which in no case shall exceed eight
(8) passengers, to be determined by the Township License Officer at
the time of the initial inspection.
c.
No
license shall be granted unless the number of licenses issued and
outstanding shall be less than five (5).
e.
No
license shall be issued for a vehicle until it has been inspected
and examined by the Township Mercantile License Officer, or his duly
designated deputy, and determined to be in a safe condition for the
transportation of passengers.
f.
Upon
approval and granting of a license to operate a vehicle, the Township
Mercantile License Officer shall provide a license containing the
name of the licensee, a straight front view photograph of the licensee
and the number of the license.
g.
No
owner, licensee or bailee of a licensed vehicle shall sell, lease,
rent, assign, transfer or, in any manner whatsoever, dispose of a
vehicle license without first receiving written permission from the
Township Mercantile License Officer.
h.
No
license shall be issued until the applicant shall have complied with
the provisions of N.J.S.A. 48:16A-1 et seq., and the acts amendatory
thereof and supplemental thereto.
i.
In
the event that the insurance provided for in N.J.S.A. 48:16A-1 et
seq., is canceled or revoked for any reason whatsoever, the license
shall forthwith be revoked by the Township Mercantile License Officer,
or his/her duly designated deputy.
j.
The
Township Mercantile License Officer shall keep a register of the name
of each person owning or operating a vehicle or vehicles licensed
under this section.
k.
No
driver of a vehicle under the terms of this section, shall operate
a vehicle unless the driver:
1.
Be of the age of eighteen (18) years or older.
2.
Present a certificate of a duly licensed and qualified physician
certifying that the applicant has been examined and that he is of
sound physical condition.
3.
Is a citizen of the United States.
4.
Has not been convicted of a crime within the last five (5) years
prior to the issuance of the license.
5.
Submit two (2) letters of his/her good character.
6.
Submit four (4) photographs, front view, 2" x 2", provided by the
Police Department of the Township at a fee of four ($4.00) dollars
to be paid to the Police Department.
7.
Submit proof that the applicant has been finger-printed by the Police
Department of the Township.
l.
Vehicle
stands shall be designated by the Township Mercantile License Officer,
subject to the approval of the Township Committee.
m.
No
vehicle, while waiting for employment by passengers, shall stand on
any public street or space other than upon a vehicle stand designated
or established in accordance with this section, nor shall any vehicle
driver seek employment by repeatedly and persistently driving his/her
vehicle to and fro in a short space before or otherwise interfering
with proper and orderly access or egress from any theater, hall, hotel,
public resort, railway station or other place of public gathering
and no driver shall solicit passengers for a vehicle.
n.
The
horse used in drawing the vehicle shall be attended at all times while
in the Township.
o.
Every
driver of a vehicle who shall discover any property lost or left in
the vehicle must report in writing to the Police Department with brief
particulars and description of the property within twenty-four (24)
hours after their finding thereof unless sooner claimed or delivered
to the owner.
p.
Every
vehicle shall have a permanent, illuminated vehicle sign and be plainly
marked as a horse-drawn vehicle, slow moving, approved by the Township
Mercantile License Officer and shall be in operation when the vehicle
is commercially employed. In addition, the vehicle shall have front
and rear lights.
q.
Owners
and vehicles shall comply with the provisions of N.J.S.A. 39:4-15
through N.J.S.A. 39:4-25-1.
r.
No
horse or horse-drawn vehicle shall be housed inside the geographical
limits of the Township.
s.
All
horses drawing vehicles shall wear a sack-type apparatus designed
to catch any droppings so that horse manure will not litter streets.
Any accidental droppings in the streets shall be immediately removed
and disposed of by the driver or owner.
t.
All
horses used in drawing vehicles shall be healthy, fed, housed and
treated in accordance with standards established by The Society of
the Prevention of Cruelty to Animals.
u.
Every
vehicle shall conveniently display a valid license for the vehicle
and a front-view photograph of the driver and a valid insurance card
issued in compliance with the State of New Jersey Revised Statutes,
N.J.S.A. 48:16A-1 et seq., and the maximum rate schedule of fares
issued by the Township.
v.
All
signs shall be professionally prepared, neat and attractive, and whenever
possible, promote the business and activities of the Township.
w.
In
the event that the licensee shall be convicted in a Municipal Court,
or is held for the action of the grand jury, the license shall be
suspended until the licensee is either convicted or acquitted and
upon conviction, the license shall be revoked.
[Ord. No. 1576 § 16; Ord. No. 04-50 § 1; Ord. No. 10-29 § 2]
The registration provisions of this chapter shall not be deemed
or construed to require the payment of a registration fee to conduct,
manage or operate any business, occupation or activity from any institution
or organization which is conducted, managed or operated wholly for
charitable purposes, or from which profit is not derived, either directly
or indirectly, by any individual, firm, corporation or other business
entity based within the Township of Neptune.
[Ord. No. 1576 § 17; Ord. No. 04-50 § 1]
The Registration Officer, all Township Police Officers and any
Township employee authorized by the Registration Officer, are hereby
appointed inspectors of registrations required in this chapter. Such
individuals are required to examine all places of business, and persons,
firms, corporations or other business entities conducting business
in the Township, to ascertain whether or not registrations have been
approved. These Township employees/officials are authorized to do
the following:
a.
To
enter any place or business for which a registration is required,
and request the manager, employees or any other individual to exhibit
the registration for the business for the current term. Failure of
the individual to exhibit a current registration constitutes a violation
of this chapter and shall subject the person, firm, corporation or
other business entity to penalties as herein provided.
b.
To
cause complaints to be filed against all persons, firms, corporations
or other business entities violating any of the provisions of this
chapter.
c.
To
report to the Township Registration Officer all persons, firms, corporations
or other business entities operating a business without a registration
required pursuant to the provisions of this chapter.
|
Upon report of any violation of this chapter, it shall be the
duty of the Registration Officer of the Township of Neptune to carry
into effect all of the provisions of the chapter, and to file complaints
in the Neptune Township Municipal Court, or other appropriate forum,
for any violations of any provisions of this chapter.
|
[Ord. No. 1576 § 18; Ord. No. 1629 § 1; Ord. No. 04-50 § 1]
Any registration issued under the terms and provisions of this
chapter may be revoked or suspended for any violation of any provision
of this chapter when it shall appear that the occupation conducted
by any person, firm, corporation or other business entity to whom
such registration was issued is conducted in a manner that is:
a.
Disorderly
or improper;
b.
In
violation of any law, rule, regulation, statute or ordinance of the
United States of America; the State of New Jersey; the Township of
Neptune or any other governmental entity;
c.
Improperly
conducted by a person or persons who is/are unfit to conduct the business,
trade, calling, profession or occupation;
d.
Abusive
and against the purpose for which the registration had been issued,
detrimental to the public health, safety and general welfare, or for
a different purpose than stated in the application.
|
A registration issued under the terms and provisions of this
chapter shall not be revoked or suspended until a hearing thereon
shall have been held by the Township Committee. Written notice of
the time and place of such hearing shall be served upon the person,
firm, corporation or other business entity at least three (3) days
prior to the date set for such hearing. The notice shall also contain
a brief statement of the grounds to be relied upon for revoking or
suspending such registration. Notice may be given either by personal
delivery thereof to the person to be notified, or by delivery via
the United States Post Office in a sealed envelope, postage prepaid,
addressed to the aggrieved party, and mailed by both regular and certified
mail return receipt requested. It shall be presumed to have been received
by the aggrieved party if the notice was mailed to the aggrieved party
at the last known address as indicated in the registration application
or any update thereto.
|
|
At the hearing before the Township Committee, the aggrieved
person, firm, corporation or other business entity shall have any
opportunity to answer questions and may thereafter be heard on the
issues surrounding the revocation or suspension. Upon due consideration
and deliberation by the Township Committee, the complaint may be dismissed,
or if the Township Committee concludes that the charges have been
sustained and substantiated, it may revoke, cancel or suspend the
registration held by the registrar. The aggrieved party shall be entitled
to any appeals from the Township Committee's decision provided that
such appeal is taken within the minimum statutory time frames as may
be permitted for any action taken by a municipality.
|
|
If any such registration shall have been revoked, neither the
holder thereof, nor any person acting for him directly or indirectly,
shall be entitled to another registration to carry on the same business
within the Township of Neptune, unless the application for such registration
shall be approved by the Township Committee.
|
[Ord. No. 1576 § 19; Ord. No. 04-50 § 1]
No provision of this chapter shall be applied so as to impose
any harmful burden on either interstate commerce or any activity of
the State or Federal Government.
[Ord. No. 1576 § 20; Ord. No. 04-50 § 1; amended 8-22-2022 by Ord. No. 22-40]
Any person violating the terms of this chapter shall be punishable
as follows:
a.
First offense: A fine of $500;
b.
Second offense: A fine of $1,000 and suspension for obtaining a mercantile
registration for five years;
c.
Third or subsequent offense: A fine of $1,500 and/or up to 90 days
in jail and/or a period of community service of not more than 90 days,
or a combination thereof;
d.
In the event that an offense is a continuing one, then each day,
or portion of a day, such offense continues shall be deemed a separate
and distinct offense and shall be punishable as such as provided herein;
e.
No person convicted on a third or subsequent offense shall be entitled
to a new mercantile registration license for a period of seven years
from the third or subsequent offense.
[Ord. No. 1576 § 23; Ord. No. 04-50 § 1; Ord. No. 05-04 § 1; Ord.
No. 06-03 § 1; Ord. No.
10-29; amended 8-22-2022 by Ord. No. 22-40]
The annual fee under this section shall be $65.00 for the first
two thousand (2,000) square feet, or fraction thereof, of improved
floor area occupied by the applicant to conduct the occupation. If
the occupied square footage is greater than two thousand (2,000) square
feet, the annual fee shall be increased by $32.50 for each additional
one thousand (1,000) square feet or fraction thereof. This fee shall
be paid annually to the Township of Neptune, and shall be paid separately
for each noncontiguous location in which the business is conducted.
For inspections requested to be scheduled outside of the Township's
regular business hours, in addition to the regular registration fee
set forth above, the following fee schedule shall be in addition to
the minimum fees:
a.
A minimum fee of $200.00.
b.
For each man-hour in excess of two (2) man-hours, an additional $75.00
per man-hour.
Regular business hours shall mean the hours the Mercantile Registration
Office is open.
Man-hour shall mean the time up to one (1) hour for one (1)
inspector. Any fraction of a man-hour shall be considered one (1)
man-hour.
As indicated, the following fee schedule may be in addition
to the fees designated above:
|
Schedule of Additional Fees
| ||||
|---|---|---|---|---|
|
"A"
| ||||
|
Automobile Sales - New/Used
| ||||
|
As per Section 4-12 plus
| ||||
|
1—200 Vehicles
|
$150.00
| |||
|
201—500 Vehicles
|
$250.00
| |||
|
501 or more Vehicles
|
$350.00
| |||
|
"B"
| ||||
|
Bathing Beaches
| ||||
|
As per Section 4-12, plus (if applicable)
|
$250.00
| |||
|
Boat Sales - New/Used
| ||||
|
As per Section 4-12 plus
| ||||
|
1— 50
|
$150.00
| |||
|
51—100
|
$250.00
| |||
|
More than 100
|
$350.00
| |||
|
Boat Slips and Docks
| ||||
|
As per Section 4-12 plus
| ||||
|
1-5 slips
|
$75.00
| |||
|
Over 5 slips
|
$7.50 per additional slip
| |||
|
Boat Storage (outside)
|
$150.00 per lot
| |||
|
"C"
| ||||
|
Coin Operated Machines (excluding laundromats)
| ||||
|
(All types and uses) per machine
|
$25.00 for each machine
| |||
|
"H"
| ||||
|
Home Occupation
| ||||
|
In lieu of Section 4-12
|
$50.00
| |||
|
"J"
| ||||
|
Junk and/or Salvage Yard
|
$500.00
| |||
|
"P"
| ||||
|
Precious Metals and Previously Owned Jewelry
| ||||
|
a. Initial application
|
$300.00
| |||
|
b. After a registration is issued, the annual renewal fee shall be as indicated in Section 4-12.
| ||||
|
"R"
| ||||
|
Rental Offices and Residential and/or Commercial Rental
| ||||
|
Units
| ||||
|
Rental Office
|
$50.00
| |||
|
Number of Residential and/or Commercial Units
| ||||
|
1
|
$100.00
| |||
|
2
|
$150.00
| |||
|
3 to 12
|
$200.00
| |||
|
13 to 24
|
$250.00
| |||
|
25 to 50
|
$250.00
| |||
|
51 to 75
|
$300.00
| |||
|
76 to 100
|
$350.00
| |||
|
101+
|
$5.00 per each additional unit
| |||
|
"S"
| ||||
|
Self-Storage Facilities
|
$400.00
| |||
|
Short Term Seasonal Rental Properties
|
$50.00
| |||
|
"T"
| ||||
|
Trailer Park
| ||||
|
As per Section 4-12 plus
|
$250.00
| |||
|
"V"
| ||||
|
Vendors, Transient Vendors or Itinerant Merchants
| ||||
|
First registration request in any one calendar year
|
$200.00
| |||
|
Each additional registration request in any one calendar year
|
$25.00
| |||
[Added 2-28-2022 by Ord. No. 22-10]
[Added 2-28-2022 by Ord. No. 22-10]
Refer to the Neptune Township Land Development Ordinance Section LDO-201 for definitions pertaining to the Cannabis related uses.
[Added 2-28-2022 by Ord. No. 22-10]
a.
No cannabis business may lawfully operate in Neptune Township without
the issuance of a State permit or license and full regulatory oversight
of the cannabis business by the Cannabis Regulatory Commission or
other state licensing authority, as well as oversight and issuance
of a Cannabis Mercantile Registration by Neptune Township in accordance
with the provisions of this section.
b.
All cannabis businesses shall be subject to Conditional Use and Site
Plan approval in accordance with the Neptune Township Land Development
Ordinance and the Municipal Land Use Law.
c.
A registration to operate shall be reviewed and approved by an Evaluation
Committee comprised of Township officials and member(s) of the governing
body
d.
Each local registration shall be effective from January 1 until December
31 and shall be annually renewed upon the submission of a renewal
application and renewal fee provided all conditions and requirements
of applicable State law and local ordinance are met.
e.
Any conditions of land use approval may be incorporated as conditions
of the local registration.
f.
All cannabis businesses shall provide a Local Hire Plan.
[Added 2-28-2022 by Ord. No. 22-10]
a.
Initial Application.
1.
Initial Application fee for all classes shall be a nonrefundable
and nontransferable fee of $1,000.
2.
The initial registration fee for approved applications for a:
(a)
Class 1 - Cannabis Cultivator shall be $10,000, USD.
(b)
Class 2 - Cannabis Manufacturer shall be $10,000, USD.
(c)
Class 3 - Cannabis Wholesaler shall be $10,000, USD.
(d)
Class 4 - Cannabis Distributor shall be $10,000, USD.
(e)
Class 5 - Cannabis Retailer shall be $10,000, USD.
(f)
Class 6 - Cannabis Delivery Service shall be $10,000, USD.
3.
A single cannabis business that seeks to obtain multiple cannabis
class registrations shall remit application and registration fees
for each class type.
b.
Renewal Application.
1.
Renewal Application fee for approved application for each cannabis
class registration shall be set by resolution of the Township Committee.
2.
The annual renewal registration fee for approved application for
each cannabis class registration shall be set by resolution of the
Township Committee.
3.
A single cannabis business that maintains a variety of the cannabis
class registrations shall remit annual application and registration
fees for each class type.
[Added 2-28-2022 by Ord. No. 22-10]
Refer to the Neptune Township Land Development Ordinance Section LDO-415.21A for the permitted hours of operation.
[Added 2-28-2022 by Ord. No. 22-10]
Any cannabis mercantile registration shall be deemed null and
void at the discretion of the Chief Law Enforcement Officer of the
Township or any authorized Township representative for violation of
any Township ordinance, unless but not limited to a dormant license
as determined by the Committee and/or any violation of any New Jersey
State regulation shall be a basis for non-renewal.
[Added 2-28-2022 by Ord. No. 22-10]
Any person, firm, corporation or other business entity violating
any of the provisions of this section shall, upon conviction, be punished
by a fine not to exceed $500 or by imprisonment in the County jail
for a period not to exceed 90 days, or both. Each violation of any
of the provisions of this section shall be considered a separate offense,
and each day the violation continues to persist shall also be considered
a separate and distinct offense.
[Ord. Nos. 1450, 96-32, 98-8, 06-32, Ord.
No. 08-16; Ord. No. 09-13. Amended in entirety 2-28-2022 by Ord. No. 22-08]
[Amended 2-28-2022 by Ord. No. 22-08]
As used in this section, the following terms shall have the
meanings indicated:
The device issued by the Township of Neptune which shall
be placed on every taxicab, identifying the vehicle as a taxicab licensed
to operate in the Township of Neptune.
A person who drives a vehicle for hire and who is required
to be licensed by the Township of Neptune to drive said vehicle.
The official number issued by the Township of Neptune to
each taxicab.
The person designated to oversee licensing, enforcement and
inspections.
Taxicab owner, person operating the taxicab business or lease
holder.
A person, corporation or firm that is the owners of the taxi
medallion.
A section of a public street or public place set apart for
the exclusive use of a limited number of taxicabs when such section
is distinctly marked as such by a metal sign attached to a stanchion
on the curb or other conspicuous place or by clearly visible marks
upon the surface of the street or public place.
A vehicle used in the business of transporting passengers
for hire within the Township of Neptune.
[Amended 2-28-2022 by Ord. No. 22-08]
a.
The licensing of taxicabs shall be by the Township of Neptune Mercantile
Registration Officer or designee. All fees to be paid hereunder shall
be paid to the Township Mercantile Registration Officer and made payable
to the Township of Neptune.
b.
The regulating and inspection of taxicabs, the examination of applicants
for license to own and operate taxicabs, the licensing of drivers
and the enforcement of the provisions of this section shall be under
the control of the Chief of Police and the Mercantile Registration
Officer.
c.
The Chief of Police and Mercantile Registration Officer are authorized
and empowered to establish reasonable rules and regulations for the
inspection of taxicabs and requirements for construction and condition
of fitness for the safe and adequate transportation of passengers
and the general cleanliness of taxicabs.
[Amended 2-28-2022 by Ord. No. 22-08; 3-27-2023 by Ord. No. 23-09]
a.
Required. No person, firm or corporation shall hire out, keep or
use for hire or pay, or cause to be kept for use or hire or pay, any
vehicle commonly known as a taxicab, within the territorial limits
of the Township of Neptune, in the County of Monmouth without first
having obtained an annual taxi medallion license. The taxi medallion
owner is responsible to apply for and obtain a taxi medallion license
annually. If a taxi medallion license lapses more than 30 days beyond
March 31st of each year, their taxi medallion shall be revoked and
returned to the Township of Neptune and sold at a public sale held
by the Township of Neptune. The taxi medallion owner must be notified.
b.
Application.
1.
Applications for a taxi medallion license to operate a taxicab or
taxicabs must be made by the medallion owner in a manner prescribed
by the Mercantile Registration Officer.
2.
The application is to include but not limited to the primary responsible
person, company name, home address, phone number, Tax Id #, Entity
Id#.
3.
All medallion applications, if not already submitted, must include
the application for the driver(s) or a sworn affidavit that the car
does not have a driver. Once a driver is hired/employed they must
submit an application prior to the taxi being allowed to operate.
c.
Number. No taxicab license shall be granted unless the number of
licenses used and outstanding shall be less than 50.
d.
Fees.
1.
The fee for each taxi medallion owned shall be the sum of $100 for
each year beginning the 31st day of March thereof, which fee shall
not be apportioned and is imposed for the purpose of regulation. A
fee will be assessed even if no vehicle is in operation/on the road.
2.
A late fee of $25 per day will be assessed for each medallion not
renewed and paid for by March 31st of each calendar year.
e.
Inspection of Vehicles. No taxicab license shall be issued until
the vehicle has been thoroughly and carefully inspected and examined
by the Police Department and determined to be in a thoroughly safe
condition for the transportation of passengers.
f.
Issuance. Upon approval and granting of a license for the operation of a taxicab, the Mercantile Registration Officer shall issue a decal displaying the medallion number and operating year to be affixed to the vehicle by a representative of the Township. This decal is to be affixed to the left rear window. Any vehicle found operating without the proper decal will be subject to a summons to appear in municipal court for operating without the proper documentation and subject to the penalties in subsection 4-17.12.
g.
Transfer of Taxi Medallion Ownership.
1.
No owner, licensee or bailee of a licensed taxicab shall sell, lease,
rent, assign, transfer, or, in any manner whatsoever, dispose of a
taxicab owner's license without first notifying the Township
in writing. This notification must be in writing by the prospective
new owner and the current owner, shall be notarized, and shall provide
all necessary information. It shall be required that the Township
Committee pass a resolution to affect the sale. This applies only
to the sale of ownership.
2.
There shall be a one-time charge of $100 at the time of a sale or
lease of an ownership license payable to the Township of Neptune.
h.
Change of Vehicle. If a taxicab is taken out of service and is replaced
by another taxicab, a form shall be furnished by the Mercantile Registration
Officer, which shall be completed by the applicant. There shall be
a charge of $50 payable to the Township of Neptune.
i.
Registration. New Jersey Motor Vehicle Commission Registrations shall
be provided to the Mercantile Registration Officer within five days
of submitting an application.
[Amended 2-28-2022 by Ord. No. 22-08; 3-27-2023 by Ord. No. 23-09]
a.
Required. No person shall drive a taxicab in the Township of Neptune
without first obtaining a Township of Neptune Taxicab Driver's
license. Driver applications must be submitted along with the medallion
application or no later than March 31st of the calendar year.
b.
Fee. The license fee for a first time driver of a taxicab shall be
$100 for each year, or part thereof. Thereafter, the renewal application
fee shall be $50.
c.
Conditions. For applicants, no application for a taxicab driver's
license, under the terms of this section, shall be issued unless the
applicant:
1.
Is 21 years of age or older and has a valid New Jersey Basic Driver's
License as defined by the New Jersey Motor Vehicle Commission.
2.
All applicants shall submit annually the "Medical Examination Form"
provide by Mercantile Registration Office. Said form must be completed
by a Medical Doctor, certifying that the application is of sound physical
condition and healthy enough for safe operation of a taxicab, must
be completed no more than 30 days prior to application, must be stamped
by said doctor and notarized.
3.
Shall have an acceptable understanding of the English language.
4.
Produce affidavits, on the form provided by the Mercantile Registration
Office, of their good character from at least three reputable citizens
who have known them personally.
5.
Shall not be addicted to the use of narcotics or intoxicating liquors.
6.
Shall be a citizen of the United States and present a Social Security
Card as proof thereof or present a temporary or permanent Alien Registration
Card, a work visa or a federally approved work permit.
7.
Applications for a taxi driver's license must be made by the
taxi driver in a manner prescribed by the Mercantile Registration
Officer. All applications must at a minimum include the full name,
home address, places of residence for the preceding five years, age,
color, height, color of eyes and hair, place of birth, previous employment,
whether married or single, a photograph, whether they have ever been
convicted of a crime or a violation of this section, and whether their
license has ever been revoked or suspended and for what cause, in
this or any other state, which statement shall be signed and sworn
to by the applicant and filed with the Mercantile Registration Officer.
8.
Shall be fingerprinted by the vendor approved by the Township of
Neptune Police Department and provide a digital photo via email to
the mercantile office.
9.
Never have been convicted of a crime in New Jersey or engaged in
conduct in any other state or jurisdiction, which if committed in
New Jersey, would constitute a crime. For purposes of this section,
a "crime" shall be any offense that is a violation of Title 2C of
the New Jersey Statutes, excluding disorderly persons and petty disorderly
person's offenses. The Police Chief shall have the ability to
exempt an individual from this section by determining the affirmative
demonstration of rehabilitation from any person who has been convicted
of a crime. The determination would on the basis of the following:
(1) nature and seriousness; (2) circumstances under which occurred;
(3) the date; (4) the age at the time at which the crime occurred;
(5) whether the crime was repeated; (6) social conditions which may
have contributed to the crime; and (7) evidence of rehabilitation,
including good conduct in the community, counseling, psychological
or psychiatric treatment, additional academic or vocational training
or personal recommendations.
10.
Provide a certified complete driver history abstract from the New
Jersey Motor Vehicle Commission issued no more than 30 days prior
to application.
d.
Issuance of License. Upon satisfactory fulfillment of the foregoing
requirements, there shall be issued by the Mercantile Registration
Officer to the applicant, after the approval of the Chief of Police,
a taxi license identification card, which shall contain the photograph,
name, address, taxi stand and any other information that shall be
deemed necessary by the Mercantile Registration Officer. Upon receipt
of the criminal background checks and drivers abstract, the Mercantile
Registration Officer shall be authorized to issue a taxi license.
If the taxicab driver requests a replacement of the annual or temporary
license, there shall be a charge of $50.
e.
Revocation or Suspension of License.
1.
If at any time within the licensed year a taxicab driver is convicted
of a crime, their driver's license becomes suspended, or has
permitted his cab to be used for any illegal or immoral purpose, the
Mercantile Registration Officer shall immediately suspend or revoke
the taxicab driver's license.
2.
The Township Committee, after a hearing, may suspend or revoke the
taxicab license of any taxicab driver who loiters within any space
prohibited by law or ordinance, or who stands in a prohibited place
soliciting or waiting for new passengers, or who violates any provision
of the New Jersey Motor Vehicle Commission Laws or of this ordinance,
or any of the rules or regulations made by the Township Committee
or Chief of Police regulating taxicabs.
f.
License Renewals. Taxicab driver's licenses must be renewed
annually. The annual renewal application fee shall be $50. No renewal
shall be granted until such time as the applicant has been fingerprinted
by the vendor approved by the Neptune Township Police Department.
Renewals must be submitted no later than March 1st annually. Drivers
who do not fulfil the requirements for renewal prior to the expiration
will not be permitted to operate. Failure to renew by March 31st will
deem the applicant's status as a renewal void and they will become
a new applicant.
[Amended 2-28-2022 by Ord. No. 22-08]
a.
Required. No license for the operation of a taxicab shall be issued
until the applicant shall have complied with the provisions of N.J.S.A.
48:16-1 et seq. and the acts amendatory thereof and supplemental thereto.
All taxicabs in the Township of Neptune shall carry a minimum of $100,000
insurance. A permanent Certificate of Insurance shall also be placed
on file with the Township Clerk and Mercantile Registration Office.
b.
Temporary Certificate of Insurance. In the event a temporary Certificate
of Insurance is provided for which the total annual premium has not
been paid, the applicant shall be required to submit additional Certificates
upon expiration of the temporary Certificate. If an additional certificate
is not received by the Mercantile Registration Office by the expiration
date of the temporary certificate, there shall be a charge of $50
for administrative fee to the Township of Neptune each time a temporary
certificate is filed with the Township as required hereinabove.
c.
Revocation of License. In the event that the insurance provided for
in paragraph (a) is canceled or revoked for any reason whatsoever,
the operator's license shall forthwith be revoked by the Mercantile
Registration Officer, or his duly designated deputy, subject to a
hearing before the Township Committee, if requested by the licensee
in writing to the Mercantile Registration Officer, to contest the
cancellation and/or revocation.
[Amended 2-28-2022 by Ord. No. 22-08]
a.
Record of Vehicle. The Mercantile Registration Officer shall keep
a register of the name of each person owning or operating a vehicle
or vehicles licensed under this section.
b.
Right of Inspection.
1.
Before any vehicle is used as a taxicab, it shall have a valid inspection
sticker indicating that the vehicle has passed inspection as required
under Title 39 of the Statutes of the State of New Jersey.
2.
The Police Department shall maintain constant vigilance over all
taxicabs to see that they are kept clean and in a condition of safety
for the transportation of passengers and to this end shall have the
right at any and all times to inspect any and all licensed vehicles.
[Amended 2-28-2022 by Ord. No. 22-08]
Public taxicab stands shall be designated by the Township Mercantile
Registration Officer subject to the approval of the Township Committee.
[Amended 2-28-2022 by Ord. No. 22-08]
A schedule of rates shall be maintained on file in the Office
of the Municipal Clerk and the Mercantile Registration Office.
[Amended 2-28-2022 by Ord. No. 22-08]
a.
Waiting for Employment. No taxicab while waiting for employment by
passengers shall stand on any public street or space other than upon
a taxicab stand designated or established in accordance with this
section, nor shall any taxicab driver seek employment by repeatedly
and persistently driving his taxicab to and from in a short space
before or otherwise interfering with proper and orderly access or
egress from any theater, hall, hotel, public resort, railway station
or other place of public gathering, and no driver shall solicit passengers
for a taxicab.
b.
Lost Property. Every driver of a taxicab who shall discover any property
lost or left in said taxicab must report in writing to the cab stand
with brief particulars and description of the property within 24 hours
after their finding thereof unless sooner claimed or delivered to
the owner.
c.
Soliciting Hotel Business. Any licensed driver or operator of a taxicab
in the Township shall not enter into any agreement or arrangement
with the proprietor of any hotel, motel or boarding house in the Township,
or with any person connected with such hotel, motel or boarding house,
whereby such licensed driver or operator received any fee, commission
or money consideration in return for soliciting patronage from any
hotel, motel or boarding house or for inducing persons to patronize
same. A licensed driver shall not receive any fee, commission or money
consideration for securing patronage from any hotel, motel or boarding
house.
d.
Signs. Each licensed taxicab shall have the following items displayed,
with prior approval from the Taxi Coordinator:
1.
A permanent, illuminated taxicab sign plainly marked as a taxicab
or taxi and clearly visible. Said illuminated taxicab sign shall be
in operation when said taxicab is commercially employed.
2.
The taxicab number plainly marked and clearly visible. The taxicab
number shall match the medallion number.
3.
The name, trade name or corporate name of the owner clearly displayed.
e.
Place of Business. Every taxicab operator shall operate his business
from an established place or designated taxi stand.
f.
Display of License and Rates. Every taxicab shall conveniently display
a valid license for the vehicle, a valid license for the driver with
a front view photograph, and the valid insurance card issued in compliance
with the N.J.S.A. 48:16-1 et seq. and the maximum rate schedule of
fares on file at the Township of Neptune.
[Amended 2-28-2022 by Ord. No. 22-08]
a.
Holders. All advertising carried by taxicabs shall be placed in standard
holders presently acceptable and used throughout the taxicab industry
and affixed in such a manner so as not to violate any motor vehicle
regulations of the State of New Jersey.
b.
Professional Preparation Required. All signs shall be professionally
prepared, neat and attractive.
d.
Questions Regarding Suitability. Questions arising as to the suitability
of the advertising material should be first directed to the Township
Mercantile Registration Officer for approval.
e.
Additional Regulations. The provisions of this section are in addition
to the provisions entitled "Business Licenses."
[Amended 2-28-2022 by Ord. No. 22-08]
A license to operate a taxicab may be revoked or suspended at
any time after hearing by the Township Committee, if the vehicle is
not in a clean and safe condition for the transportation of passengers,
and kept in conformity with the terms of this section or any of the
rules and regulations adopted by the Township Committee.
[Amended 2-28-2022 by Ord. No. 22-08; 3-27-2023 by Ord. No. 23-09]
Any person violating any of the provisions of this section shall,
upon conviction, be punished by a mandatory fine not less than $500
nor more than $2,000, a term of imprisonment not to exceed 90 days
or a period of community service not to exceed 90 days or any combination.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 1418,
95-38, 99-52, 03-40, 05-08.
[Ord. No. 2014-42]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean private property towing and other non-consensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; fifteen (15) minutes daytime and twenty-five (25) minutes nighttime waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes the clean up of glass and debris as well as the issuing of the documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance appraiser or adjuster; and retrieving a motor vehicle from storage during the hours in which the storage facility is open, see subsection 4-18.10 for required hours of operation. The basic tow fee incorporates all anticipated administrative costs. Additional administrative costs are unauthorized unless extraordinary circumstances exist. Any additional administrative costs must be pre-authorized with the customer, and a detailed explanation included in the itemized bill.
Shall mean the Chief of the Neptune Township Police Department
or his/her designee.
Shall mean releasing a motor vehicle to its owner or operator
when the motor vehicle has been, or is about to be, hooked to or lifted
by a tow truck, but prior to the motor vehicle actually having been
moved or removed from the property.
Shall include all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards.
Shall mean the towing of a motor vehicle without the consent
of the owner or operator of the vehicle. "Non-consensual towing" includes
towing a motor vehicle when law enforcement orders the vehicle to
be towed whether or not the owner or operator consents.
Shall mean an individual, a sole proprietorship, partnership,
corporation, Limited Liability Company or any other business entity.
Shall mean the winching of any vehicle off the roadway.
Shall mean anytime the Township declares a snow emergency and vehicles are to be removed from roadway in accordance with subsection 7-7.3.
Means a space at which motor vehicles that have been towed
are stored. Said facility is to be surrounded by a fence, wall, or
other physical barrier that is at least six (6') feet high and is
lighted from dusk to dawn.
Shall mean the moving or removing from public or private
property or from a storage facility by a motor vehicle of a consumer's
motor vehicle that is damaged as a result of an accident or otherwise
disabled, is recovered after being stolen, or is parked illegally
or otherwise without authorization, parked during a time at which
such parking is not permitted, or otherwise parked without authorization,
or the immobilization of or preparation for moving or removing of
such motor vehicle, for which a service charge is made, either directly
or indirectly. Dues or other charges of clubs or associations which
provide towing services to club or association members shall not be
considered a service charge for purposes of this definition.
Shall mean the list maintained by the Neptune Township Police
Department containing the names of those active towing operators whom
are licensed with the Township to provide municipal towing services
for the Township.
Shall mean any person who owns a tow/recovery vehicle and
is in the business of offering towing services whereby motor vehicles
are or may be towed or otherwise removed from one place to another
by the use of a motor vehicle adapted to and designated for that purpose.
Shall mean any device in, upon or by which a person or property
is or may be transported upon a roadway.
Shall mean any fee charges to move a stored vehicle within
the tow yard. The vehicle shall be stored in a manner to facilitate
access and removal from the tow yard. Yard fees are unauthorized under
this section.
Shall mean the Township of Neptune, Monmouth County, New
Jersey.
[Ord. No. 2014-42]
It is the purpose of this section to establish a non-discriminatory
method of rotating calls between all licensed operators requesting
to provide municipal towing services at the request of, on behalf
of, or for the Township or its Police Department.
[Ord. No. 2014-42]
a.
Any towing operator desiring to provide municipal towing services
for the Township must file an application with the Township, meeting
the requirements of this section, and obtain a license from the Township
for such services. Said license will be a supplemental use to the
annual Mercantile Registration.
b.
The Township shall issue a license to those towing operators who
file applications with the Township and desire to provide municipal
towing services for the Township. The license shall provide for an
annual review of the towing operator's services and compliance with
this section. The license shall prohibit subcontracting or transfer
by the towing operator.
c.
In order to continue to provide municipal towing services for the
Township, the towing operator shall file a new application, with the
required submissions, and obtain a new license from the Township.
d.
Applications must be submitted annually by November 30 to the Township
Mercantile Officer. The license shall not be exclusive, with the Township
being able to award licenses to multiple towing operators at any time.
e.
The Township shall have the sole discretion to deny a license to
any towing operator failing to file the requisite application or to
meet the requirements of this section. All applications for a license
for the provision of municipal towing services filed with the Township
shall be granted or denied by the Mercantile Officer, based upon the
approval of the Chief of Police, upon review of the applications.
[Ord. No. 2014-42]
a.
No person shall be eligible to provide municipal towing services
for the Township until it submits an application with the Township.
b.
An application for municipal towing shall be made in writing to the
Mercantile Officer, in the form prescribed by the Mercantile Officer,
and shall be accompanied by a fee of $150.00 which is inclusive of
the annual mercantile registration fee.
c.
The applicant shall state the complete street address of the location or locations from which the business of towing shall be conducted, indicating which the principal location is and which is the storage facility, which shall meet the requirements of subsection 4-18.10 of this section. The applicant shall also provide a lease agreement for any and all land areas being used as a storage location that they do not own.
d.
The applicant shall identify and provide a description of its towing
vehicles, including vehicle registration number, gross vehicle weight,
and purpose, with which the applicant intends to provide towing services.
e.
The applicant shall provide the name, address and driver's license
number of the applicant and all employees of the applicant that are
expected to be involved in the operation of the applicant's vehicular
equipment for the towing of motor vehicles. All drivers for the applicant
shall be at least 18 years of age and possess a valid New Jersey driver's
license for the operation of the towing equipment.
f.
The application shall include a valid certificate of insurance from an insurer authorized to do business in the State, at the minimum amounts set forth in subsection 4-18.7 of this section.
g.
The applicant shall furnish any additional information concerning
the personnel, vehicles, equipment and storage facilities of the applicant
as may be required by the Chief of Police during the review of the
application.
h.
If any of the information required in the application changes, or
if additional information should be added after the filing of the
application, the applicant shall provide that information to the Mercantile
Officer, in writing, within fifteen (15) calendar days of the change
or addition. Any application to add an additional driver during the
contract term shall be accompanied by a fee of $25.00.
[Ord. No. 2014-42]
a.
The Township may deny, suspend or revoke any license for municipal
towing services upon the recommendation of the Chief of Police, or
upon other proof that the towing operator, or any of its employees
or agents:
1.
Has obtained a registration through fraud, deception, or misrepresentation;
2.
Has engaged in the use or employment of dishonesty, fraud, deception,
misrepresentation, false promise, or false pretense;
3.
Has engaged in gross negligence or gross incompetence;
4.
Has engaged in repeated acts of negligence or incompetence;
5.
Has had a towing operation registration or license revoked or suspended
by any other state, agency, or authority for reasons consistent with
this section;
6.
Has violated or failed to comply on more than three occasions with
the schedule of tariff or fee regulations herein; or
7.
Has violated any municipal ordinance;
8.
Has been convicted of:
(b)
Motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or
(c)
Any other crime under Title 2C of the New Jersey Statutes relating
adversely to the performance of towing services or the storage of
motor vehicles as determined by the Chief of Police.
b.
A final refusal to license, or the suspension or revocation of a
license by the Township shall not be made except upon reasonable notice
to the applicant, and an opportunity for the applicant to be heard
by the Township Committee.
[Ord. No. 2014-42]
The Chief of Police is authorized to establish a system of rotation
for the assignment of licensed towing operators to provide municipal
towing services required pursuant to this section. Pursuant to N.J.S.A.
40A:11-5(1) (w), the rotation system shall be established on a non-discriminatory
and non-exclusionary basis. Only licensed towing operators with the
Township shall be assigned to the rotation list. The rotation list
shall be composed so as to permit a reasonable rotation of licensed
towing operators. If the towing operator currently on-call under the
rotation list cannot respond and provide the required municipal towing
service, the Township shall move to the next towing operator on the
rotation list. If no towing operator on the rotation list is able
to respond and provide the required municipal towing service, the
Chief of Police may deviate from the rotation list and arrange for
another towing operator to provide such service. Notwithstanding the
above rotation list, in the interests of public safety, the Chief
of Police, at his/her discretion, taking into account the emergency,
safety and location of the situation, may part from the rotation list
and call for the closest available towing operator to respond.
[Ord. No. 2014-42]
In addition to the insurance requirements set forth in N.J.A.C.
45A-31.3, as may be amended from time to time, all licensed towing
operators providing municipal towing services must maintain the following
insurance policies, naming the Township as an additional insured:
a.
Garage Keeper's Policy. A garage keeper's liability policy in the
minimum amount of fifty thousand ($50,000.00) dollars, and "on-hook"
coverage, for each vehicle damaged on a separate claim.
b.
Garage Liability Policy. A garage liability policy covering applicant's
business, equipment and vehicles in the minimum amount of five hundred
thousand ($500,000.00) dollars for any one person injured or killed,
and a minimum of one million ($1,000,000.00) dollars for more than
one person killed or injured in any accident and an additional one
hundred thousand ($100,000.00) dollars for any damage arising from
injury or destruction to property, and/or a combined single limit
of one million ($1,000,000.00) dollars. In addition to each policy
containing an endorsement showing the Township as an additional insured,
such policy shall also provide an endorsement entitling the Township
to 30 days' prior written notice to the Mercantile Officer in the
event of any change in coverage under the policy, or in the event
of the cancellation of the policy.
[Ord. No. 2014-42]
Any license issued by the Township to a towing operator pursuant
to this section shall include a provision whereupon the licensed towing
operator assumes all liability and shall indemnify and save the Township,
its committees, boards, departments, agents, and employees, harmless
from damages or losses sustained by vehicles while being towed, stored
or released from towing operator's possession, and from all personal
injuries and property damage occurring to any persons, or property,
as a result of the performance of the towing operator's services,
including, but not limited to, towing, storage, or other such activities
relating to the municipal towing services. All responsibility for
the release of a stored vehicle shall be on the towing operator only.
[Ord. No. 2014-42]
a.
A towing operator may only charge a fee for those towing and storage
services set forth as follows unless otherwise provided for in N.J.A.C.
13:45A-31.4:
|
Service Provided
|
Fees (Not to Exceed)
|
|---|---|
|
Light Duty Rate
(Less than 10,000 G.V.W.)
| |
|
Tow
|
$100.00 (Basic Tow is a Flat Rate)
|
|
Recovery
|
$110.00 (Recovery is billed per hour, per truck, with 1 hour
minimum and 30 minute increments thereafter)
|
|
Medium Duty Rate
(10,000 to 32,000 G.V.W.)
| |
|
Tow
|
$110.00 (Basic Tow is a Flat Rate)
|
|
Recovery
|
$120.00 (Recovery is billed per hour, per truck, with 1 hour
minimum and 30 minute increments thereafter)
|
|
Heavy Duty Rate
(Greater than 32,000 G.V.W.)
| |
|
Tow
|
$400.00 (Basic Tow is a Flat Rate)
|
|
Recovery
|
$425.00 (Recovery is billed per hour, per truck, with 1 hour
minimum and 30 minute increments thereafter)
|
|
Mileage
|
$3.00 per mile from scene or site of tow to locations outside
of the boundary of Neptune
|
|
Storage, per day
| |
|
Light Duty
|
$35.00
|
|
Medium Duty
|
$50.00
|
|
Heavy Duty
|
$75.00
|
|
Snow Emergency
| |
|
Snow Emergency Tow
|
$90.00
|
|
Snow Emergency Storage, per day
|
$20.00
|
|
Other
| |
|
Road Service
|
$60.00 — per call
|
|
Decoupling Fee
|
$25.00 — per call
|
|
Clean-up charge (the bagging and proper disposal
of less then 1 gallon of Antifreeze or oil or any other vehicle fluids)
|
$35.00 — per call
|
|
Police Investigations
| |
|
Criminal Investigations Impound
|
No fee
|
b.
A towing operator may not charge a service fee for towing and storage
services, which are ancillary to and shall be included as part of
basic towing services, and is not included in the schedule approved
by the Township.
c.
A towing operator that engages in private property towing or other
non-consensual towing shall calculate storage fees based upon full
24-hour periods a motor vehicle is in the storage facility. For example,
if a motor vehicle is towed to a storage facility at 7:00 p.m. on
one day and the owner of the motor vehicle picks up the motor vehicle
on or before 7:00 p.m. the next day, the towing operator shall only
charge the owner of the motor vehicle for one day of storage. If a
motor vehicle is stored for more than twenty-four (24) hours, but
less than forty-eight (48) hours, the towing operator may only charge
for two (2) days of storage.
d.
A bill for private property tow or other non-consensual tow shall
include the time at which a towed motor vehicle was delivered to a
towing company's storage facility.
e.
The Township Committee may annually change the fees set forth herein
by duly adopted resolution.
[Ord. No. 2014-42]
a.
The towing operator providing municipal towing services must tow
all vehicles to a storage facility meeting the following requirements:
1.
Have the ability to store a minimum of ten vehicles;
2.
Is safe and secure such with a physical barrier that is at least
six (6') feet high such as a wall or fence;
3.
Is lighted from dusk to dawn;
4.
Is located within the Township border;
5.
Is open for release of vehicles Monday through Friday 8:00 a.m. to
5:00 p.m. and Saturday and Sunday 8:00 a.m. to 12:00 p.m.; and
6.
All vehicles are to be released from the storage facility, unless
other arrangements are made with the owner of the vehicle.
[Ord. No. 2014-42]
All towing operators who have been licensed with the Township
to provide municipal towing services shall be obligated to comply
with the following duties and regulations:
a.
Remove and tow to the designated storage facility all vehicles directed
by the Chief of Police to be removed and towed because such vehicles
are, in the Chief of Police's sole discretion designated as abandoned,
illegally parked, disabled, involved in an accident, or to be impounded
because of criminal or other investigation. At the sole discretion
of the Chief of Police, taking into consideration safety concerns,
the owner or operator of a disabled vehicle may be permitted to arrange
for the vehicle to be towed by a towing operator of his/her choice.
b.
Store such vehicles and move such vehicles as directed by Chief of
Police. When not otherwise directed or required by the Chief of Police,
the owner or operator of a disabled vehicle may request that the vehicle
be towed to a location other than the designated storage facility.
Upon direction of the Chief of Police, the towing operator shall not
release a vehicle towed which is subject to a criminal investigation,
including, without limitation, compliance with "John's Law," without
prior authorization by the Chief of Police.
c.
Provide twenty-four (24) hours, seven (7) days a week service to
the Township during the term of the contract.
d.
Not utilize answering machines or answering services when on-call
under the rotation list.
e.
Respond promptly to all requests for municipal towing services by
the Chief of Police. In any event, the towing operator shall respond
and be present at the location (all locations within the Township)
for municipal towing services within fifteen (15) minutes of receipt
of notice of same between the hours of 8:00 a.m. and 5:00 p.m. (hereinafter
"daytime"), and within twenty-five (25) minutes of receipt of notice
between the hours of 5:01 p.m. and 7:59 a.m. (hereinafter "nighttime").
In the event a towing operator does not arrive at the tow location
within the above time periods, the Police Officer on the scene shall
have the right to have a substitute towing operator called to the
location who will have the right to perform the municipal towing services;
and the originally called towing operator shall have no right to payment
from any party.
f.
Not charge any fee for replacement of equipment or materials provided
at the scene of the tow.
g.
Tow any and all disabled Township owned or operated vehicle upon request by the Chief of Police to a location within the Township. The towing operator will not charge the Township for the towing of Township owned passenger vehicles or pick-up trucks within two miles of the Township border to a location within the Township. All other towing of Township owned or operated vehicles shall be charged pursuant to subsection 4-18.10 at a twenty (20%) percent discount. Nothing herein shall limit the Township from utilizing the towing services provided for in any public bid contract.
h.
Clean up all broken glass and debris at the scene of accidents (all
towing operators must be equipped with a broom and a shovel).
i.
Ensure that all drivers and operators of the towing operator must
wear ANSI Class II reflective safety vests at all times when responding
to a request by the Township.
j.
Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural, or other
disasters, any acts of God, and for any other reason when so designated
by the Chief of Police. Such standby service shall begin and end when
the Chief of Police notifies the towing operator. The Township reserves
the right, during any such emergency, to designate temporary areas
owned or leased by the Township and/or the towing operator for the
storage of disabled vehicles, and to direct the towing operator to
remove such disabled vehicles to said areas.
k.
A record of all vehicles towed and/or stored must be retained for
a period of seven years. Such records shall include a report of all
personal property found within a towed vehicle that can be observed
by the towing operator at the time the vehicle came into the towing
operator's possession, an accounting of all monies received for fees
for towing, and a separate accounting of all monies received for fees
for storage services pursuant to this section. The Chief of Police
shall have access upon demand, to any and all records required to
be kept by this section.
l.
In all of the towing operator's dealings with the public, the towing
operator shall act in a professional manner, courteous at all times,
and respectful to members of the public, as well as representatives
of the Township. Reports of discourteous behavior by the towing operator
or his/her drivers which may be substantiated and documented, shall
be considered by the Township as sufficient cause for revocation and
termination of the towing operator's license, and be considered as
material default under any license entered into with a towing operator
pursuant to this section.
[Ord. No. 2014-42]
No towing operator, whether or not licensed with the Township,
shall respond to the scene of an accident or emergency for the purposes
of towing a vehicle unless specifically notified by the Chief of Police
or his/her designee, or the individual involved in the accident or
emergency. All persons, towing operators, and owners of towing equipment
are hereby prohibited from soliciting business at the scenes of accidents
and emergencies within the Township.
[Ord. No. 2014-42]
Any person having a dispute or complaint arising from a specific
act of towing services or storage of motor vehicles which is regulated
by this section shall present that complaint or dispute to the Chief
of Police for resolution. The Chief of Police shall render his/her
decision as to how the said complaint or dispute is to be resolved
within fifteen (15) business days of his/her conducting a hearing
as to the same. Such hearing can be in person, by telephone or on
written presentation at the election of the Chief of Police. In the
event of an adverse decision against a licensed towing operator, said
license may be revoked. Any appeal of the Chief of Police's decision
may be appealed to the Governing Body of the Township.
[Ord. No. 2014-42]
a.
This section shall be enforced by the Neptune Township Police Department.
b.
Any violation of the provisions of this section shall subject such violator, upon issuance of a summons and conviction in Municipal Court, and at the court's discretion, to the fines and penalties set forth in Township's General Penalty Ordinance (Section 1-5) for each such violation.
c.
Any violation of the provisions of this section may also subject
the violator to a revocation or non-issuance of the license with the
Township. If a towing operator's license is revoked pursuant to this
provision, such towing operator is barred from reapplying with the
Township for a period of three (3) years from the date of the revocation.
d.
In addition to any penalties or other remedies provided herein, the
towing operator that has billed a person an amount in excess of the
fee specified in this section for the service provided shall reimburse
such person for the excess cost.
[Ord. No. 09-30; amended
in entirety 4-10-2023 by Ord. No. 23-16]
[Amended 4-10-2023 by Ord. No. 23-16]
On application to the Zoning Officer, or his or her designee,
the Township Zoning Officer may permit, at his or her discretion,
a temporary display, outdoor display and/or sale in parking lots,
sidewalks or other premises adjacent to an applicant's commercial
premises subject to the conditions contained herein.
[Amended 4-10-2023 by Ord. No. 23-16]
[Amended 4-10-2023 by Ord. No. 23-16]
A permit for an outdoor temporary display and/or sale shall
only be given if the applicant satisfies all of the following criteria:
a.
A temporary display shall not extend beyond two weeks and there shall
be no more than two permits for such activities issued per calendar
year.
b.
No food or foodstuffs shall be displayed or offered for sale except
by a merchant whose normal business includes the sale of such items;
said merchant must also maintain a valid permit for the food or foodstuffs
displayed if the same area of the type which otherwise require a permit;
said merchant shall also provide a trash receptacle of at least 25
gallons capacity within five feet of his/her display area.
c.
The outdoor display and sale shall be restricted to areas zoned for
commercial business and shall otherwise be in accord with all zoning
regulations pertaining thereto.
d.
The outdoor display sale shall not block pedestrian or motor vehicle
traffic. Specifically, it shall not impede the flow of pedestrian
traffic, including the handicapped, and said display shall in no way
threaten the safety of the public. This includes, but is not limited
to, ensuring that motorists are not visually or physically obstructed
in an unsafe manner.
e.
All signage and special effects must be limited to placement on the
actual site of the outdoor sale or display with detailed description
set forth on the application concerning the number of signs, size
and types. Said signage and special effects cannot adversely affect
the health, safety or welfare of the public and are further subject
to the Temporary Sign Ordinance found in the Land Development Ordinance
of Neptune Township, Article IV, Section 416.05 and related ordinances.
f.
The applicant shall demonstrate that the outdoor display and the
sale serves the public purpose of furthering the commercial and mercantile
growth and stability and/or aesthetics of the Township at large.
g.
The permit shall not adversely affect the public welfare.
h.
The applicant must complete a form prepared by the Township showing
the applicant's name and location to be used for sale and display
and a list of the goods or services to be displayed and offered for
sale, with a diagram or narrative explaining exactly where the temporary
display is to take place, the size and diameter of the event, the
use of tents, signs and other advertising devices and the exact location
of all displays. The application must be reviewed and approved for
fire safety by the Fire Official of the Bureau of Fire Prevention,
pedestrian and traffic safety by the Police Department and in the
discretion of the Zoning Officer, any other official due to the unique
nature of the temporary display. The Township can restrict any aspect
of the temporary display if in its opinion any aspect of the event
affects the safety, health and welfare of the public.
i.
The applicant is responsible for procuring any permits, inspections
or license that may be required from municipal, county, state or federal
regulations for any related matter to their temporary display permit.
[Amended 4-10-2023 by Ord. No. 23-16]
The applicant shall pay a fee of $100 for each permit for temporary
display and shall display the permit at the site of the temporary
display in a conspicuous location that can be seen by the public.
[Amended 4-10-2023 by Ord. No. 23-16]
Permits for outdoor displays, sales and temporary display are
not required for Township-endorsed festivities or activities.
[Amended 4-10-2023 by Ord. No. 23-16]
This section shall be enforced by the Zoning Officer or his
or her designee.
[Amended 4-10-2023 by Ord. No. 23-16]
If the temporary display includes the sale of food by vendors,
the coordinator of the temporary display shall indicate such on the
Township application form. The Zoning Officer, or his designee, will
notify the County Board of Health that foodstuffs are being sold at
the temporary display. The coordinator of the temporary display shall
be responsible for contacting the County Board of Health with a list
of food vendors and any other information that the County Board of
Health may require. There will be no additional fee collected by the
Township for food vendors.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 866,
97-46, 10-20, 10-29.
[Ord. No. 14-16]
a.
Individual garage sale shall include lawn sale, yard sale, basement
sale, or any occasion whereby used items owned by the resident of
the premises are offered for sale on the premises.
b.
Neighborhood/regional garage sale shall include lawn sale, yard sale,
basement sale, or any occasion whereby used items owned by the resident
of the premises are offered for sale on the premises owned by the
collective residents of a neighborhood offered for the sale throughout
the neighborhood. This may include a property owner's organization
or group of property owners.
[Ord. No. 14-16]
a.
No person or persons shall be permitted to conduct a garage sale
without first obtaining a license from the Code Enforcement Officer.
For neighborhood/regional garage sale, the Code Enforcement Officer
must be notified thirty (30) days in advance of the sales date.
b.
An application for a license shall be made on a form furnished by
the Code Enforcement Officer and shall be accompanied by the required
fee.
c.
The Code Enforcement Officer shall issue the license provided that
the following conditions are met:
1.
The application is complete in all respects with the provisions of
this section and all applicable State and municipal requirements.
2.
Any premises on which a licensed garage sale is to be conducted conforms
to all requirements of this section and all applicable State and municipal
requirements and will be free of fire and other safety hazards.
3.
The date(s) on which the proposed garage sale will be held has been
clearly determined.
[Ord. No. 14-16]
[Ord. No. 14-16; amended 12-12-2022 by Ord. No.
22-54]
a.
Any license for a garage sale shall be valid and remain in force
for a maximum of three (3) days and shall apply only to the person
to whom granted and shall not be transferable.
b.
A license shall be valid for a single premises only. Participants
in neighborhood/regional garage sale must each obtain a license.
c.
Items must be displayed on the licensed premises only.
d.
A garage sale may not be conducted earlier than 8:00 a.m. nor later
than 5:00 p.m.
e.
Posting of signs shall be in accordance with the Township's Sign
Ordinance.
f.
No person shall be issued more than two (2) licenses in a calendar
year for the purpose of conducting a garage sale. Participation in
a neighborhood/regional garage sale shall not be counted towards the
two (2) annual individual licenses.
g.
No more than two (2) licenses for a neighborhood/ regional garage
sale shall be issued in a calendar year.
h.
Any person to whom a license is granted shall be required to exhibit
such license in a conspicuous location.
[Ord. No. 14-16]
Any license under this section shall be deemed null and void
at the discretion of the Chief Law Enforcement Officer of the Township
or his/her authorized representative for any of the following reasons:
[Ord. No. 214 § 1]
a.
It shall be unlawful for any person to advertise or conduct any sale
of goods, wares or merchandise, at retail, that is represented as
a bankrupt, insolvent, assignees, adjusters, trustees, executors,
administrators, receivers, wholesalers, jobbers, manufacturers, closing
out, liquidation, closing stock, fire or water damage sale, or any
other sale which is by representation or advertisement intended to
lead the public to believe that the person conducting such sale is
selling out or closing out the goods, wares or merchandise, of any
business for less than the current or going retail price thereof in
the Township, without first filing with the License Collector the
inventory hereinafter provided for and obtaining from him license
so to do, to be known as a "Closing Out Sale License."
b.
The fee for such a license shall be as follows: For a period not
exceeding ten (10) days, one hundred ($100.00) dollars; for a period
not exceeding twenty (20) days, two hundred ($200.00) dollars; for
a period not exceeding thirty (30) days, three hundred ($300.00) dollars,
provided, that only one (1) such license shall be issued to any one
(1) person within a twelve (12) month period, and no such license
shall be issued for more than thirty (30) days.
[Ord. No. 214 § 2]
a.
The inventory required by subsection 4-21.1 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 wholesale price thereof, which inventory or list shall be signed by the person seeking the license, or by a resident agent thereunto authorized, and by affidavit he/she or such agent shall swear or affirm that the information therein given is full and true, and known by him/her 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 are 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 replacements
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 License Collector
of the Township may ascertain the kind and quantity or number sold.
[Ord. No. 214 § 3]
The License Collector may, in his or her discretion, verify
the details of any inventory filed for the purpose of obtaining a
"Closing Out Sale License," or he or she 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 License Collector all the facts connected
with the stock on hand or the proper information of goods sold, or
any other information that he or she may require in order to make
a thorough investigation of all phases connected with the sale.
[Ord. No. 214 § 4]
[Ord. No. 214 § 5]
As used in this section:
Shall mean and include the business formerly carried on or
conducted by any other person other than the person so conducting
such sale. The provisions of this section shall apply, though the
sale is conducted or run in conjunction with or in addition to regular
or ordinary business of the person operating or conducting such sale.
Shall mean and be deemed to include any individual, partnership,
firm or corporation.
[Ord. No. 214 § 6;
New]
[Ord. No. 214 § 7]
The provisions of this section are in addition to any other
applicable provisions of this chapter.
[Ord. No. 696 § 1]
As used in this section:
Shall mean any place of public assemblage in which the games
commonly known as pool or billiards or games of a similar nature are
played.
[Ord. No. 696 § 2]
No person shall operate or conduct a pool or billiard hall or
parlor without having first obtained from the Township a license to
do so and upon payment to the Township of an annual license fee as
provided in the Mercantile License Ordinance of the Township.[1]
Any person desiring to obtain a license shall make application for the same in writing to the Township License Officer, as provided in Section 4-2 of this chapter.
[Ord. No. 696 § 4]
No licensee, nor any agent, servant, or employee of a licensee,
shall allow, suffer, or permit, or cause to be allowed, suffered or
permitted, the following:
a.
The licensed premises to be or remain open for business between the
hours of 1:00 a.m. and 9:00 a.m. on a weekday, and between the hours
of 2:00 a.m. and 1:00 p.m. on a Sunday.
b.
A minor under the age of sixteen (16) years, unaccompanied by a parent
or guardian, to play in or at the licensed premises the games commonly
known as pool or billiards or games of a similar nature, or to frequent
or lounge or congregate or gather therein or in or about the front
of the premises.
c.
A minor over the age of sixteen (16) years and under the age of eighteen
(18) years to play in or at the licensed premises, after the hour
of 7:00 p.m. the games commonly known as pool or billiards or games
of a similar nature, or to frequent or lounge or congregate therein.
d.
Any gambling in any form in or at the licensed premises.
e.
Any person under the age of twenty-one (21) years to be employed
in any capacity in or at the licensed premises.
f.
Any intoxicated or disorderly person to be admitted to the licensed
premises or to remain therein or to loiter in front of the premises.
[Ord. No. 696 § 5;
New]
[Ord. No. 1556 § II; Ord. No. 95-6 § 1; amended 8-22-2022 by Ord. No. 22-40]
As used in this section:
A hotel which serves a continental breakfast, but does not
serve regular meals, and:
Is comprised of a structure that was originally constructed
for the purpose of a private residence.
Any building containing six or more guest rooms intended
or designed to be used, or which are used, rented, or hired out to
be occupied or which are occupied for sleeping purposes by guests.
This definition shall also mean and include any motor lodge, motor
court, motel, and tourist lodge or tourist court.
Any room, cabin, or quarters, whether or not physically attached
to or connected with any other building or structure, used for the
sleeping or housing accommodations in the business of conducting tourist
lodges, hotels, or motels.
Any person, individual, firm, association, partnership or
corporation.
[Ord. No. 1556 § III; Ord. No. 95-6 § II]
a.
No cooking facilities of any kind shall be constructed, installed,
placed or used in any tourist cabin, hotel, lodge, or motel within
the confines of Neptune Township; nor shall any food be prepared,
cooked, or made suitable for consumption on or about any tourist cabin,
hotel, lodge, motel, nor shall the preparation, cooking or making
suitable for human consumption of food on or about, or in such tourist
cabin, hotel, lodge, or motel be permitted by the owners, managers,
lessees, operators, or licensees thereof, except for a restaurant
operating as such exclusively for the preparation and serving of food
and except for one (1) superintendent's or manager's apartment.
b.
This shall not prohibit any bed and breakfast establishment from
serving a continental breakfast.
[Ord. No. 1556 § IV; Ord. No. 462 § I; Ord. No. 95-6 § III; Ord. No. 95-9 § I; Ord.
No. 2016-26]
a.
Each operator shall at all times cause to be maintained on the premises
a register, which shall constitute the register of the premises, and
an operator log, consisting of a bound book with consecutively numbered
pages, which shall constitute the operator log of the premises. The
register and operator log shall be preserved for seven (7) years upon
the premises.
b.
No person shall occupy and no operator shall permit any person to
occupy any housing or lodging unit on the premises, unless each person
or head of the party who is to occupy such housing unit shall first
display to a duly authorized agent or employee of the hotel, motor
lodge, in charge of the register at least one (1) form of identification
which shall serve as written evidence of his or her identification
and permanent address. The form of identification that was produced
shall be recorded as well as any information from the identification
that differs from the identification supplied by the person renting
the room.
c.
The operator shall cause to be written into the register, in ink,
the number or name of the housing or lodging unit assigned to each
registrant, the date of the registration, the signature of the person
taking or accepting the registration and the date when the occupants
of each housing or lodging unit quit and surrender the same.
d.
In addition to the foregoing information, the operator shall cause
to be written into the operator log, in ink, the number or name of
the housing or lodging unit assigned to each registrant, the date
of the registration, the initials of the person taking or accepting
the registration and the date when the occupants of each housing or
lodging unit quit and surrender the same.
e.
The register and operator log shall be kept and preserved by the
operator, and local police authorities or any duly authorized agent
of the Governing Body of Neptune Township may seek authorization to
inspect said register and operator log through an appropriately issued
Subpoena or Court Issued Warrant, unless the hotel operator voluntarily
and legally consents to the inspection, said consent of which can
legally be withheld.
f.
The Township's Director of Code/Construction shall be authorized
to grant written approval to an automated system of record keeping
proposed by the owner/ operator provided that said system contains
all of the information as required herein. Any changes to an approved
system will void said approval and require the owner/operator to contact
the Director of Code/ Construction for review and approval.
[Ord. No. 1556 § V; Ord. No. 95-6 § IV]
It shall be the duty of the Police Department of the Township
of Neptune, and any duly authorized agent of the Township to inspect
the premises from time to time, at any hour of the day or night, to
determine that the provisions of this section are complied with.
[Ord. No. 95-6 § V;
amended 8-22-2022 by Ord. No. 22-40]
Any person violating the terms of this section shall be punishable
as follows:
a.
First offense: A fine of $500;
b.
Second offense: A fine of $1,000 and suspension for obtaining a mercantile
registration for five years;
c.
Third or subsequent offense: A fine of $1,500 and/or up to 90 days
in jail and/or a period of community service of not more than 90 days,
or a combination thereof;
d.
In the event that an offense is a continuing one, then each day,
or portion of a day, such offense continues shall be deemed a separate
and distinct offense and shall be punishable as such as provided herein;
e.
No person convicted on a third or subsequent offense shall be entitled
to a new mercantile registration license for a period of seven years
from the third or subsequent offense.
[Ord. No. 1445 preamble]
The Township Committee is responsible for the health, safety
and welfare of the residents of the Township.
Ocean Grove is an integral part of the Township.
The Township Committee has found that it is unable to adequately
meet the needs of an increasing sheltered care population.
[Ord. No. 1445 § 1; Ord. No. 1628 § 1; Ord. No. 1644]
The number of beds in rooming houses, boarding homes for sheltered
care, regardless of referral sources or statutory classification of
clientele, in the Ocean Grove section of Neptune Township, shall be
limited to two hundred seventy-nine (279) beds.
[1]
Editor's Note: Former Section 4-25, Rooming and Boarding House
Site Licensing Board; Licensure of Rooming and Boarding Houses, previously
codified herein and containing portions of Ordinance Nos. 1661, 95-37,
96-15, 97-9, 98-52, 99-14 and 08-05 was repealed in its entirety by
Ordinance No. 13-37.
[Ord. No. 99-18 § 1]
As used in this section:
Shall mean a person, firm, company, association or corporation
applying for a license to operate rolling chairs on the boardwalk
and permitted areas in the Township.
Shall mean elevated walk or promenade along the ocean front.
Shall mean the person or corporation in whose name the license
is issued by the Mercantile Officer of the Township of Neptune.
Shall mean the driver or person at the controls of a rolling
chair.
Shall mean the person or corporation actually owning or leasing
the rolling chairs.
Shall mean a wheeled vehicle for the transportation of two
(2) or three (3) persons for hire.
Shall mean the interval consumed between the time a passenger
hires a rolling chair and the time the passenger leaves the rolling
chair.
Shall mean the public streets in the Township of Neptune.
[Ord. No. 99-18 § 1]
No person shall operate, conduct or maintain a rolling chair,
without written approval from the Ocean Grove Camp Meeting Association
and a license for so doing from the Mercantile Officer of the Township
of Neptune. Such license shall be effective for the period of April
1st to October 31st of the current year.
[Ord. No. 99-18 § 1]
The annual license fee for each rolling chair shall be thirty
($30.00) dollars.
[Ord. No. 99-18 § 1]
Upon providing written approval from the Ocean Grove Camp Meeting
Association, payment of the license fee for a rolling chair as specified
in this section and upon the full and complete compliance with all
the terms and provisions of this section by an applicant, the Mercantile
Officer of the Township of Neptune or other duly authorized agent
for the Township of Neptune shall issue to the applicant a license
therefor, for the rolling chairs proposed to be operated by such applicant,
not exceeding ten (10) in number, copies of which license shall be
securely fastened on the back of the chair at the left-hand side on
a line with the seat, so that the same may be readily seen and inspected
by the agents of Neptune and the public.
The maximum number of rolling chairs which may be licensed at
any one (1) time for operations in the Township of Neptune shall be
limited to ten (10).
Once an applicant has been issued a license and has become a
licensee, and for so long as said license has not been revoked for
cause, or the Township has decided to repeal this section and prohibit
the use of rolling chairs, then said licensee shall be entitled to
renew his license annually upon the payment of the required fees and
upon compliance with this section. In the event that the applications
for rolling chairs exceed ten (10) in any year, priority will be given
to existing licensees who have complied with the terms of this section.
[Ord. No. 99-18 § 1]
The Mercantile Officer of the Township of Neptune or other duly
authorized agents of the Township of Neptune shall keep a record of
each license issued for rolling chairs, and shall in said record designate
the person to whom such license is issued, and the number of rolling
chairs for which the license has been issued.
[Ord. No. 99-18 § 1]
Any license issued to any one (1) person or persons under this
section shall not be transferable to any other person or persons.
[Ord. No. 99-18 § 1]
Before the issuance of a license to an applicant, that applicant
by April 1 of each year, shall file with the Mercantile Officer of
the Township of Neptune, a statement which shall list the rates to
be charged for hire of the rolling chairs described in the license
and operated from the rolling chair station. It shall be unlawful
for any licensee, owner, manager, operator or pusher to charge more
than the price fixed in said schedule, at any time or under any circumstances.
No change in any existing rate schedule filed, as aforesaid, shall
become effective until ten (10) days after said new rate schedule
shall have been filed in the office of the Mercantile Officer of the
Township of Neptune.
The owner or licensee of each rolling chair shall place on the
inside of the front of each rolling chair, open to the view of the
passengers, a reproduction of the sign or rate card posted in the
rolling chair station, in miniature form, not smaller than two and
one-fourth inches by six and one-half (2-1/4" x 6-1/2") inches. It
shall be unlawful for any owner, licensee or manager to operate any
rolling chair unless the rate sign referred to in this section shall
be affixed thereto.
The owner of each rolling chair shall place on either side and
on the front thereof in line with the seat board of said chair, sign
not exceeding three (3") inches in width and nine (9") inches in length,
containing the name of the licensee of said chair, which chair shall
also exhibit a copy of the Township of Neptune license and the rolling
chair station number, if any.
[Ord. No. 99-18 § 1]
Rolling chairs shall be permitted to be operated on the boardwalk
and on the sidewalk in the center of Ocean Pathway. It shall be unlawful
for rolling chairs to operate anywhere in the Township except in areas
as described above. Rolling chairs shall not be permitted on any street,
avenue, way or road except to cross Ocean Avenue at the crosswalk
between the pavilion at Ocean Pathway and Ocean Avenue and the sidewalk
in the center of Ocean Pathway and the crosswalk on Beach Avenue at
the center of Ocean Pathway. It shall be unlawful for any licensee,
manager, or operator as heretofore defined, to establish a stand,
concession or depot for the storage or hire of rolling chairs on or
in any of the permitted operation areas as described herein.
It shall be unlawful for any licensee, manager, or operator
as heretofore defined, to be under the influence of illegal drugs,
alcohol, or smoking or chewing any tobacco product at any time while
in the actual performance of his business or duty.
All operators, while in the performance of their business or
duty, shall act in a kind, courteous and polite manner to customers
or patrons of the rolling chair, and to all other persons. It shall
be unlawful for any operator to shout, bounce the rolling chair, or
operate the rolling chair in any fashion which would endanger the
occupants thereof, or any other persons.
It shall be lawful for any operator to stop his rolling chair
briefly for the convenience of a passenger. In such case, the chair
shall be moved off the lane, and, if requested by the passenger to
wait for a short interval, the operator may park the chair for a short
interval.
It shall be unlawful for any owner, licensee, manager or operator
to solicit the hiring of rolling chairs by use of any mechanical means.
It shall be unlawful for any licensee, owner or manager to operate
or permit to be operated, any mechanically operated rolling chairs.
It shall be unlawful for any licensee, owner, manager or operator
to permit or allow more than three (3) adults to ride in or occupy
any rolling chair at any one (1) time. Children under eight (8) shall
not be construed as adults.
Rolling chairs may be operated from 10:00 a.m. to 12:00 a.m.
(midnight), seven (7) days per week.
It shall be unlawful for chairs to be operated in the same direction
abreast of or alongside each other, except when passing each other,
and not more than one (1) rolling chair shall pass another rolling
chair at the same time and place. No rolling chair shall pass another
rolling chair except by passing towards the center. No rolling chair
shall pass more than three (3) preceding chairs at one time.
It shall be unlawful to operate any rolling chairs at a speed
in excess of four (4) miles per hour.
No rolling chair shall be equipped with any horn, bell or other
warning or signaling device, nor shall the use of any horn, bell or
other warning or signaling device be permitted in its operation. No
rolling chair shall have affixed to it any sign, display or advertising
other than the name of the owner and operator of the rolling chair,
and the schedule of rates.
It shall be unlawful for the operator of a rolling chair to
impede or interfere with vehicles or traffic on public streets and
the operator shall obey all traffic laws when operating a rolling
chair on a public street.
Operators of rolling chairs shall be required to dress in a
neat and appropriate fashion. All operators are required to wear shoes,
pants and shirts. Each licensee shall establish a standard uniform
or dress for its employees operating rolling chairs.
[Ord. No. 99-18 § 1]
All rolling chairs shall be properly maintained and neatly painted
at all times. Rolling chairs shall not remain on the boardwalk during
the hours of 12:00 a.m. (Midnight) to 10:00 a.m. In the event that
the rolling chairs are stored during the hours of non-operation, the
storage facility shall be maintained in an orderly and neat fashion
and shall comply with all applicable zoning regulations.
[Ord. No. 99-18 § 1]
Before being granted a license, every applicant for a license
shall file with the Mercantile License Officer of the Township of
Neptune a Certificate of Insurance issued and duly countersigned by
a duly licensed and authorized New Jersey insurance agent, evidencing
the issuance and actual existence of a policy of insurance of a safe,
reputable casualty insurance company duly licensed and authorized
to transact business under the laws of the State of New Jersey. By
such policy of insurance said insurance company shall agree, for and
on behalf of such licensee and his, her, their or its servants, agents,
employees, successors and assigns, to pay all sums, to the limits
specified, which the licensee shall become legally obliged to pay
as damages because of bodily injury, sickness or disease including
death at any time resulting therefrom, sustained by any person or
persons (other than any operator or person employed or under contract
by said licensee), or damage to property, caused by accident and arising
out of the ownership, maintenance, use of operation of rolling chairs,
owned, leased to or rented by such licensee and arising or resulting
from and out of any and all operation incidental to or connected with
the conduct and operation of such rolling chair business by such licensee.
Said policy shall indemnify and save harmless the Township of Neptune,
its agents, servants and employees, from any liability to persons
or property, including the payment of all attorneys fees and costs
incurred to defend any suit, demand, presentation or action arising
out of the licensee's ownership, maintenance, use or operation of
rolling chairs within the Township of Neptune and said policy shall
name the Township as an additional insured.
Such policy of insurance shall provide a minimum limit of liability
on the part of the insurance company in the amount of five hundred
thousand ($500,000.00) dollars for one (1) person for all damages,
including damages for care and loss of service, arising out of bodily
injury, sickness or disease, including death at any time resulting
therefrom, sustained by any person in any one (1) accident and five
hundred thousand ($500,000.00) dollars for each accident, which latter
limit, subject to the above provisions respecting each person, is
the limit of the insurance company's liability for all damages, including
damages for care and loss of services, arising out of bodily injury,
sickness or disease, including death at any time resulting therefrom,
sustained by two (2) or more persons in any one accident. Said policy
of insurance shall further provide a minimum limit of liability on
the part of the insurance company in the amount of five hundred thousand
($500,000.00) dollars for all damage to property, arising out of any
one (1) accident.
[Ord. No. 99-18 § 1]
If any licensee shall fail to fully and promptly comply with
the provisions of this section and with all other laws, ordinances
and regulations pertaining to the business of such licensee, or in
the event of the failure to maintain insurance in full force and effect
without lapse, as required under this section, then and in either
or any of such events, the rolling chair license issued to such licensee
shall immediately cease, terminate and become null and void and of
no effect and licensee shall forthwith and without delay of any kind
surrender such license to the Mercantile License Officer of the Township
of Neptune for cancellation and shall forthwith and immediately cease,
terminate, discontinue and end all operations and business conducted
by licensee under said license. All fees and costs shall be forfeited.
[Ord. No. 99-18 § 1]
The use of the word "person" shall, for the purpose of this
section, be deemed to include persons, firms, associates, copartnerships
and corporations.
[Ord. No. 99-18 § 1]
Any person violating any of the provisions of this section shall
upon conviction in the Municipal Court of the Township of Neptune
be punished for each offense by a fine not to exceed five hundred
($500.00) dollars and/or imprisonment in the County Jail for a term
not to exceed ninety (90) days. Each time a chair shall be operated
in violation of the foregoing section or any part thereof, it shall
constitute a separate and distinct offense.
[Ord. No. 03-16 § 1]
Applicants for a license to operate and conduct a legalized
game of chance within the boundaries of the Township of Neptune shall
be subject to the rules and regulations promulgated by the New Jersey
Legalized Games of Chance Control Commission and all applicable State
statutes.
[Ord. No. 03-16 § 1]
The fees payable to the Township of Neptune to operate and conduct
a legalized game of chance shall be the amount equal to the amount
charged by the Control Commission pursuant to N.J.A.C. 13:47-4.9.
However, the amount of the fees payable to the Township shall not
exceed fifty ($50.00) dollars for any game of chance.
[Ord. No. 09-09; Ord. No. 11-20]
Shall mean the Zoning Officer or Code Enforcement Department
of Neptune Township who shall be responsible to enforce compliance
with the provisions of this ordinance and issue notices and violations
for non-compliance with this section.
Shall mean canisters, cards, receptacles or other similar
devices for the collection of money, personal property or other things
of value.
Shall mean any person, firm, partnership, corporation, limited
liability company, company, organization or entity of any kind.
Shall mean the request, directly or indirectly, for money,
credit, property, financial assistance, or other thing of any kind
or value. Solicitation shall include but not be limited to, the use
or employment of canisters, cards, receptacles or similar devices
for the collection of money, property or other things of value. Solicitation
shall take place whether or not the person making the solicitation
receives any contribution.
[Ord. No. 09-09; Ord. No. 11-20]
Notwithstanding any other provision of this section, no persons
shall place, use or employ a clothing donation bin for solicitation
purposes, unless all the following requirements are satisfied:
a.
The person has obtained a permit, valid for a period of one (1) year
from the Mercantile Officer or other designated officer within the
municipality in which the clothing donation bin will be placed in
accordance with the following:
1.
In applying for such permit, the person's application shall include:
(a)
The location where the bin would be situated, as precisely as
possible;
(b)
The manner in which the person anticipates any clothing or other
donations collected via the bin will be used, sold or disbursed, and
the method by which the proceeds of the collected donations will be
allocated or spent;
(c)
The name and telephone number of the bona fide office required
pursuant to paragraph b of this subsection, of any entity that may
share or profit from any clothing or other donation collected via
the bin;
(d)
Written consent from the property owner to place the bin on
its property.
2.
The appropriate municipal agency or office shall review the application
filed with the Mercantile Officer or other designated officer and
the Mercantile Officer or other designated officer shall not grant
an application for a permit to place, use or employ a clothing donation
bin if the appropriate municipal agency determines that the placement
of the bin constitutes a safety hazard. Such hazards shall include,
but not be limited to, the following:
(a)
Placement of a clothing donation bin within one hundred (100')
feet of any place that stores large amounts of, or sells, fuel or
other flammable liquids or gases.
(b)
Placement that in the opinion of the appropriate municipal agency
endangers the safety of persons or property.
(c)
Placement that in the opinion of the appropriate municipal agency
would unreasonably interfere with or impede the flow of pedestrian
or vehicular traffic, including any legally parked or stopped vehicles.
(d)
Placement that in the opinion of the appropriate municipal agency
would unreasonably interfere with the ingress to or egress from any
residence or place of business.
(e)
Placement that unreasonably interferes with the use of traffic
signs or signals, fire hydrants or mailboxes located or permitted
at or near said location.
(f)
Placement that is within fifteen (15') feet of any fire hydrant,
fire call box, police box or other emergency facility.
(g)
Placement that is within ten (10') feet of any building, showroom
or residence unless written permission from the owner is secured and
the same is submitted with the application.
(h)
Placement within five (5') feet of or any public area improved
with lawn, flowers, shrubs, trees or landscaping.
(i)
Placement within three hundred (300') feet of any residential
property.
(j)
Placement in the front or side yard of property unless the appropriate
municipal agency or office provides an exception wherein the best
interests of the Township is served and where appropriate screening
and access is provided.
3.
The Mercantile Officer or other designated officer may impose a fee
for such application, in the amount of twenty-five ($25.00) dollars
for a permit of one (1) year. An expiring permit for a clothing donation
bin may be renewed upon application for renewal and payment of a fee
of twenty-five ($25.00) dollars annually.
4.
Renewal applications shall include the following:
(a)
The location where the bin is situated, as precisely as possible,
and if the person intends to move it, the new location where the bin
would be situated after the renewal is granted and the written consent
from the property owner to place the bin on his property;
(b)
The manner in which the person has used, sold or disbursed any
clothing or other donations collected via the bin, the method by which
the proceeds of the collected donations have been allocated or spent
and any changes the person anticipates may make in these processes
during period covered by the renewal; and
(c)
The name and telephone of the bona fide office required pursuant
to paragraph b of this subsection of any entity that shared or profited
from any clothing or any other donations collected by the bin, and
any entities that may do so during the period covered by the renewal.
5.
A sticker with the permit number and the date of expiration shall
be clearly and conspicuously displayed on the exterior of the clothing
donation bin with additional information required pursuant to paragraph
c of this subsection.
b.
The person and any other entity that may share or profit from any
clothing or other donations collected by the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of obtaining information concerning
the person or other entity. For purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office; and
c.
The following information is clearly and conspicuously displayed
on the exterior of the clothing donation bin:
1.
The name and address of the registered person that owns the bin,
and any other entity that may share or profit from any clothing or
other donations collected by the bin;
2.
The telephone number of the person's bona fide office and, if applicable,
the telephone number of the bona fide office of any other entity that
may share or profit from any clothing or other donations collected
by the bin;
3.
In cases when an entity other than the person who owns the bin may
share or profit from any clothing or other donations collected by
the bin, a notice written in a clear and easily understandable manner,
indicating that clothing or other donations collected via the bin,
their proceeds, or both may be shared, or given entirely to, an entity
other than the person who owns the bin, and identifying all such entities
that may share or profit from such donations; and
4.
A statement, consistent with the information provided to the appropriate
municipal agency or office in the most recent permit or renewal application
pursuant to paragraphs 1 and 4 of paragraph a of this subsection indicating
the manner in which the person anticipates any clothing or other donations
collected via the bin will be used, sold or disbursed, and the method
by which the proceeds of the collected donations would be allocated
or spent.
d.
Clothing bins on any property shall be limited to a maximum of one
(1) clothing bin per every fifty (50) marked parking stalls, or part
thereof. In no instance shall the number of clothing bins exceed three
(3) clothing bins per property.
[Ord. No. 09-09]
All bins placed in the Township of Neptune shall be subject
to the following maintenance requirements:
a.
Bins may not be left with personal property beyond the confines of
the bin and/or lying on property surrounding the bin for more than
twenty-four (24) hours from the time of notification by the appropriate
municipal agency or office.
b.
The bin shall not be used for advertising signs or publicity purposes
other than those dealing with the display, or receipt of donated property.
c.
Each bin shall be maintained in a neat and clean condition and in
good repair at all times. Specifically, but without limitation to
the foregoing, each bin shall be serviced and maintained so that:
1.
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof.
2.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereof.
3.
The structural parts of the bin are not broken or unduly misshapen.
4.
The bins are free from all graffiti.
[Ord. No. 09-09; Ord. No. 11-20]
a.
The appropriate municipal agency or office shall receive and investigate,
within thirty (30) days, any complaints from the public about an existing
bin. Whenever it appears that a person has engaged in, or is engaging
in any act or practice in violation of this section, the person who
placed the bin shall be issued a warning stating that if the violation
is not rectified or a hearing with the appropriate municipal agency
or office is not requested within fifteen (15) days, the bin will
be seized and removed at the expense of the person who placed the
bin and any clothing or other donations collected via the bin will
be sold at public auction or otherwise disposed of. In addition to
any other means used to notify the person who placed the bin, such
warning shall be affixed to the exterior of the bin itself.
b.
In the event the person who placed the bin does not rectify the violation
or request a hearing within fifteen (15) days of the posting of the
warning, the appropriate municipal agency or office may seize the
bin and remove it or have it removed at the expense of the person
who placed the bin and sell at public auction or otherwise dispose
of any clothing or any other donations collected via the bin. Any
proceeds from the sale of the donations collected by the bin shall
be paid to the Chief Financial Officer of Neptune Township.
c.
In the event that the person who placed the bin cannot be contacted
after due diligence by the appropriate municipal agency and a violation
of this section mandates the removal of the clothing bin, the owner
of the property on which the clothing bin is located shall be responsible
for the removal of the clothing bin or the expense of the cost of
removal by the appropriate municipal agency.
[Ord. No. 09-09]
a.
In addition to any of the other penalties or remedies authorized
by the law of this State any person who violates this section that
results in a seizure of the clothing donation bin shall be:
1.
Subject to a penalty of up to twenty thousand ($20,000.00) dollars
for each violation. The appropriate municipal agency or office may
bring this action in the Municipal Court or the Superior Court as
a summary proceeding under the "Penalty Enforcement Law of 1999" (N.J.S.A.
2A:58-10 et seq.) and any penalty monies collected shall be paid to
the Chief Financial Officer of the Township of Neptune; and
b.
Deemed ineligible to place, use or employ a clothing donation bin
for solicitation purposes pursuant to N.J.S.A. 40:48-2.61. A person
disqualified from placing, using or employing a clothing donation
bin by violating the provisions of N.J.S.A. 40:48-2.60 et seq. may
apply to the appropriate municipal agency to have the person's eligibility
restored. The appropriate municipal agency may restore the eligibility
of a person who:
[1]
Editor's Note: Prior ordinance history includes Ordinance
Nos. 11-21 and 2015-53.
[Ord. No. 2016-38]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean a current valid New Jersey driver's license or
identification card, a current valid photo driver's license issued
by another U.S. state, a valid United States passport, or other verifiable
U.S. government issued identification, which will be recorded on the
receipt retained by the dealer and subsequently forwarded to the local
police department or 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 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 for the purposes of this section, goods subject
to this section 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 dealer who conducts business intermittently
within the municipality or at varying locations.
Shall mean personal ornaments, such as, but not limited to,
necklaces, rings or bracelets that are typically made from or contain
jewels and precious metals.
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 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 or jewelry, as defined
herein are purchased or pawned.
Shall mean used goods such as gold, silver, platinum or other
precious metals, jewelry, coins, gemstones, gift cards, word processors,
GPS devices, computers, computer hardware and software, television
sets, telephones, cell phones, tools, electronic devices, sporting
goods, automotive equipment, collectables, game cartridges, DVD's,
CD's, other electronically recorded material, firearms, cameras and
camera equipment, video equipment and other valuable articles. Specific
goods excluded include antiques, typewriters, records or stereo sets,
musical instruments, furniture or clothing.
Shall mean a member of the public who sells or pawns used
goods such as precious metal, jewelry and/or secondhand goods as defined
above to a dealer.
Shall mean a dealer, as defined herein, who has not been
in a registered retail business continuously for at least six (6)
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 (6) months.
[Ord. No. 2016-38]
a.
No person, partnership, limited-liability company, corporation, or
other entity shall engage in the business of buying, selling, or pawning
of precious metals, jewelry or secondhand goods, as defined above,
within the jurisdiction of the municipality, without having first
obtained a license therefor from the Township Mercantile Officer,
which license shall bear a number issued by the Township Mercantile
Officer.
b.
The application for a license to the Township Mercantile Officer
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.
c.
Advertising in any print or electronic media or by sign that any of those articles referred to in subsection 4-29.1 above are being bought in any location within the municipality shall constitute engaging in business as a dealer 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 chapter and shall be subject to the penalties established in subsection 4-29.8.
d.
Licensees may not operate at any location other than site specified in the license. Licensees operating at multiple locations must have each location separately licensed. Each location must be permanent. Itinerant businesses and transient buyers, as defined in Subsection 4-29.1 above, are not eligible for licensure and are prohibited from operating in the Township.
[Ord. No. 2016-38]
a.
Upon receipt of an application completed pursuant to this section,
the Township Mercantile Officer 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 4-29.1 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.
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 metals, jewelry or secondhand goods,
and other factors bearing on whether the licensed business will be
of a fixed and permanent nature.
b.
The Chief of Police shall complete any investigation pursuant to
this section within thirty (30) days of the submission of the application
to the Township Mercantile Officer, 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 Township Mercantile
Officer, 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 Township Mercantile Officer accepts the recommendation
of the Chief of Police to deny any license, the applicant shall be
notified in writing within ten (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 as defined in subsection 4-29.1. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 4-29.4, the retention and inspection requirements of subsection 4-29.5, or any other portion of this chapter. Upon receipt of the recommendation of the Chief of Police, the Township Mercantile Officer shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 4-29.6 of this section.
e.
Whenever any application for a permit is denied, the applicant shall
be entitled to a hearing before the Police Director or other designated
party by the Governing Body, 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 ten (10) days of receiving written
notice of denial of a license to act as a dealer of precious metals,
jewelry or secondhand goods.
f.
No license shall be assignable by the dealer.
[Ord. No. 2016-38]
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, jewelry or secondhand goods acceptable identification as defined above in subsection 4-29.1.
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 eighteen years and the identification presented
is valid and correct."
c.
Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1.
The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2.
The name, address, date of birth, and telephone number of the seller
or sellers;
3.
A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4.
A photographed recording of the seller's presented acceptable identification, as set forth in subsection 4-29.1, 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 and
51:6-1 et seq.;
10.
The time and date of the transaction.
d.
The information outlined in paragraph 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 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 his or
her duty as set forth in paragraph 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 paragraph c above.
e.
In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within twenty-four (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 paragraph 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 4-29.5.
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, jewelry or secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 4-29.5, if the Police Department seeking said examination has presented a Subpoena or Warrant allowing challenge by the dealer or in cases where the dealer has allowed inspection and examination by voluntary, legally and informed consent.
[Ord. No. 2016-38]
a.
All precious metals, jewelry and 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 fifteen (15) calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 4-29.4. All precious metals, jewelry or secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the fifteen-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.
b.
Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 4-29.4b 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.
In addition to all other reporting requirements, every dealer shall maintain, for at least five (5) years, a paper record of all purchases of precious metals, jewelry and secondhand goods in the form prescribed in subsection 4-29.4c.
d.
No dealer shall purchase any item covered by this section from any
person under the age of eighteen (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.
e.
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 4-29.8 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 Township Mercantile Officer, which
shall set forth the grounds for the suspension and notify the dealer
of his or her right to appeal pursuant to paragraph g. 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 jewelry and/or 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
Police Director to review the grounds for suspension, been cured,
corrected, or appropriately rectified.
f.
Revocation. A license issued under this section may be revoked by the Township Mercantile Officer upon written recommendation from the Chief of Police or the Chief's designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 4-29.8.
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
Chief's designee shall so report to the Township Mercantile Officer
in writing. A temporary suspension will immediately and automatically
issue, if one is not already in effect, pending the outcome of the
charge. The Police Director shall review the stated grounds for revocation
and shall issue an appropriate disposition of either suspension, revocation,
or reinstatement. If it is determined that revocation is the appropriate
disposition, the grounds therefor shall be set forth 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 determined that suspension is the appropriate disposition, the
dealer shall be so notified in writing and shall be advised 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, jewelry or secondhand goods within
the municipality.
g.
Appeal. Any applicant wishing to appeal a suspension or revocation shall be entitled to a hearing as provided in subsection 4-29.3e. Any applicant exercising the right to appeal must file a written notice of appeal within ten (10) days of receiving written notice of revocation or suspension of license.
h.
A dealer shall have the right to change the location of the licensed
business, provided that he or she notifies the Township Mercantile
Officer, in writing, of the street address of said new location.
[Ord. No. 2016-38]
Each dealer covered under this section shall deliver a bond
to the Township Mercantile Officer 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 Township Attorney, as defined in N.J.S.A.
40A:9-139, and shall be in the penal sum of ten thousand ($10,000.00)
dollars, 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 Township of Neptune, 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. 2016-38]
a.
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals, jewelry or secondhand goods, as covered under this section, is two hundred ($200.00) dollars. The annual renewal fee for a license is one hundred ($100.00) dollars. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 4-29.5d. Payments are to be made in the manner directed by the Township Mercantile Officer.
b.
Licenses issued pursuant to this chapter are valid for one year,
from January 1 through December 31. Initial applications and applications
for renewal must be submitted no later than October 1.
[Ord. No. 2016-38]
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 ninety (90) days in addition to a suspension or revocation of operating license as provided in subsection 4-29.5e and f 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 4-29.5f. 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. 2016-38]
Nothing contained in this section is intended to replace any
preexisting 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.
[Ord. No. 13-26; Ord. No. 13-33]
As used in this section:
Shall mean a facility providing sleeping or dwelling accommodations to transient guests as defined by N.J.A.C. 5:70-1.5 or successor amended State Regulations and subsection 4-23.1 and successor amended ordinances.
In the case of the renewal of leases, shall mean the starting
date of the last renewal term. Anniversary date shall mean the date
that the lease is entered into or periodic tenancy commenced (oral
lease) and each yearly renewal date thereafter.
Shall mean the actual legal monthly rental a tenant is paying for his apartment or mobile home unit or space. At the time of the adoption of this section, if the present monthly rent being paid by a tenant is five hundred eighty ($580.00) dollars and the tenant is also paying a twenty ($20.00) dollar a month hardship surcharge, the existing legal rent for the next permissible increase will be six hundred ($600.00) dollars and the next permissible increase will be the increased percentage in CPI as set forth in subsection 4-30.2b, x $600.00. Thereafter, the "existing rent" will be this six hundred dollars ($600.00) plus any CPI increases. Any capital improvement surcharge shall be separate from the rent and not be included in the base rent.
[1]Shall mean a facility providing sleeping or dwelling accommodations for transient guests as defined by Neptune Township Code subsection 4-23.1.
Shall mean and include the portion of a structure rented
or offered for rent for living and dwelling purposes to one (1) individual
or family unit together with all privileges, services, furnishings,
furniture, equipment, facilities, parking and garage facilities (whether
optional or mandatory), and improvements connected with the use or
occupancy of such portion of the property. Included are any buildings,
structures, mobile homes, or land used as a mobile home park, rented
or offered for rent to one or more tenants or family units. Exempt
from this section are: motels, hotels and similar type buildings;
bed and breakfast facilities, guesthouses; commercial buildings with
regard to commercial rentals; owner-occupied with four (4) units or
less rental units; single-family structures and housing structures
in general with four (4) rental units or less. Housing units newly
constructed and rented for the first time are exempt, with regards
to tenant's first year rental. That is the initial rent may be determined
by the landlord but all subsequent rents will be subject to the provisions
of this section, subject further to any State Statute such as N.J.S.A.
2A:42-84.2, which may provide a temporary exemption for newly constructed
multiple dwellings. Further exemption may exist by the preemption
by Federal and State Statutes regulating residential rents such as,
but not limited to, dwellings owned by HUD, financed under Federal
programs and subject to regulations promulgated by the Department
of Housing and Urban Development, and housing regulated and provided
under the New Jersey Housing Finance Agency Law of 1967. (N.J.S.A.
55:14J). Condominiums and Cooperative units in any particular complex
where there are five (5) units or more owned by the same owner, those
five (5) units or more shall not be exempt from Rent Control.
Shall mean any consideration paid by tenant or mobile home
owner or tenant for the use and occupancy of the rental property.
All charges that are considered mandatory for all tenants, including
but not limited to refurbishment fees and administrative fees, shall
be considered "rent" and shall be illegal unless inclusive of all
rents and meeting the ceiling limitations of this section. Optional
charges, which are chosen by tenants such as pet fees, pool fees,
recreation fees, and the like, shall not be inclusive of the definition
of "rent" as viewed by this section.
Enforcement fees or security fees such as late fees, bounced
check fees, legal fees and costs of court for enforcement of a breach
of lease agreement and increases in security deposit are also not
considered "rent" for purposes of this section.
Shall mean either certified mail, or regular mail or hand
delivery acknowledged by written receipt; or if the party refuses
to claim or acknowledge delivery, by regular mail.
Shall mean the "Consumer Price Index for all urban consumers"
for the region of the United States, of which Neptune Township, New
Jersey, is a part (i.e. the New York-East-New Jersey region) published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
Shall mean that the housing space and dwelling are free from
all heat, hot water, elevator and all health, safety and fire violations
as well as ninety (90%) percent qualitatively free of all other violations
of the Neptune Township Property Maintenance Ordinance, Uniform Construction
Code, Hotel and Multiple Dwelling Law, Mobile Home Park Ordinance
and Statute (mobile home units only).
[Ord. No. 13-26]
a.
Establishment of rents between a landlord and a tenant in any dwelling
shall hereafter be determined by the provisions of this section. Any
rental increase in excess of that authorized by the provisions of
this section shall be void.
b.
Upon proper notice at the expiration of a lease or periodic tenancy,
no landlord may request or receive an increase greater than the percentage
increase, if any, in the Price Index published in the fourth month
prior to the month in which the lease or periodic tenancy terminates
over the Price Index published in the sixteenth month prior to the
month of termination. The rent resulting from the imposition of any
increase provided hereunder may be rounded to the nearest dollar with
regard to the final step of calculation only. Calculation of the CPI
published shall be in the month it is published not the month of designation,
i.e.,
November CPI published in December is December's CPI. Calculation
of percentages shall be calculated out two (2) decimal points only
and then dropped not rounded. No landlord shall request or receive
more than one (1) rental increase per year per housing space or mobile
home space unless said housing space or mobile home space is decontrolled
by a vacancy. By way of example, a rent increase computed in accordance
with the provisions of this section shall be computed as follows:
EXAMPLE
Assuming a lease or periodic tenancy expires in April of 2005,
use the CPI published in the fourth preceding month, or December of
2004 (a below). Take the CPI published in the sixteenth month preceding
the month of termination, or December of 2003 (b below) and subtract
b from a. To calculate the percentage change in the CPI, take c and
divide it by b (d below).
Next, multiply the current rent by the percentage change in
the CPI (e below) and add to the current rent to arrive at the new
rent.
|
a.
|
CPI published in December 2004
|
293.9
|
|
b.
|
CPI published in December 2003
|
-283.6
|
|
c.
|
Difference in CPI
|
10.3
|
|
d.
|
Percentage change in CPI
10.3 divide by 283.6 =
|
.03
|
|
e.
|
Permissible increase is $400
| |
|
(Current rent) multiplied by .03 =
|
12.00
| |
|
f.
|
New rent is (rounded to nearest dollar)
|
$412.00
|
[Ord. No. 13-26; Ord. No. 2014-28]
a.
Any landlord seeking an increase in rent shall, at least sixty (60) days prior to the effective date of the increase, notify the tenant of the calculations involved in computing the increase, including the Price Index at the respective dates as required in subsection 4-30.2 the allowable percentage increase, the allowable rental increase, the previous year's base rent, and a certification by the landlord that the dwelling is in substantial compliance with the Municipal Property Maintenance Code, Uniform Construction Code, Hotel and Multiple Dwelling law and Mobile Home Park Ordinance and Statute (for mobile home units only). Failure to comply with this provision shall result in the rental continuing at old rent until proper notice is given.
b.
Any landlord seeking a rent increase, a lease renewal or an agreement
to extend or renew leases shall provide notice of said action in writing
to the tenant at least sixty (60) days prior to the effective date
of increase renewal, extension or other action and further that no
tenant shall be required to sign any such rent increase notice, renewal
or agreement to extend or renew lease until such tenant has had the
opportunity to review the documents for a period of five (5) business
days.
[Ord. No. 13-26; Ord. No. 2014-28; Ord.
No. 2016-43]
a.
In the event that a landlord cannot receive a fair return after having received the increase provided in subsection 4-30.2, he may appeal to the Rent Leveling Board for increased rental. The Board may grant a hardship rent increase to meet this requirement. The landlord must provide evidence according to the standards recognized at law for determining fair return. The Board will rely upon the recognized standard that a landlord should receive a net operating income of at least forty (40%) percent of the gross annual income after deducting reasonable and necessary operating expenses, in the absence of an adequate showing that utilization of this standard will result in an unfair return to the landlord. Operating expenses shall not include mortgage principal or interest payments, depreciation or amortization. Any hardship increase granted by the Board will take the place of the annual CPI increase and shall be equally prorated to all units within the structure thirty (30) days after the decision of the Rent Leveling Board, provide that no increase shall take effect with regard to any tenant who has a written lease until the expiration of the lease unless the lease provides otherwise.
b.
Landlord may seek an additional surcharge for major capital improvements
or services. To qualify for a major improvement surcharge, claimant
must show a benefit to the tenant in the form of improved lifestyle,
convenience, ease and/or security, and compliance with the definition
of capital improvements found in the Internal Revenue Code. The landlord
must notify each tenant of the total cost of the completed capital
improvement or service, the number of years of useful life of the
improvement as claimed by the landlord for purposes of depreciation
for income tax purposes, the cost of the improvement, the total number
of square feet to the dwelling or garden apartment complex, the total
square feet occupied by the tenant and the capital improvement surcharge
he is seeking from each tenant. The landlord seeking a capital improvement
or service surcharge shall appeal for the surcharge to the Rent Leveling
Board who shall determine if the improvement is a major improvement
and if so, may permit such increase to take place and may direct that
the increase shall be collected in equal monthly payments spread over
the useful life of the capital improvement. If the increase is granted
it shall not be considered rental and calculated in the cost of living
increases. In any event, no increase authorized by this section shall
exceed fifteen (15%) percent of the tenant's rent.
c.
Prior to any such appeal to the Board provided for in paragraphs
a and b of this subsection, a landlord must post in the lobby of each
building or if no lobby is present, in a conspicuous place in and
about the premises a notice of the appeal setting forth the basis
for the appeal. The notice must be posted for a least fifteen (15)
days prior to the proposed date of appeal. He shall also send a separate
notice by regular and certified mail return receipt requested to each
tenant at least fifteen (15) days prior to the proposed date of the
appeal. Landlord must also submit to the Board a certification from
the Housing and Construction Department of Neptune Township that the
building and grounds are in substantial compliance with the municipal
Property Maintenance Ordinance, Uniform Construction Code, Hotel and
Multiple Dwelling Law and with regards to mobile homes the Mobile
Home Park Ordinance.
d.
Definitions. As used in this section:
1.
FAIR NET OPERATING INCOME – Shall mean the amount determined
by subtracting reasonable and necessary operating expenses from gross
annual income which amount should not be less than forty (40%) percent
of the gross annual income.
2.
GROSS ANNUAL INCOME – Shall mean all income resulting directly
or indirectly from the operation of a property or building, such as
all rent received or collectable, including any rent from a less than
arms-length transaction, the landlord's share of interest on security
deposits, all earnings from commission, vending machines, late fees,
pet fees, parking fees, pool fees, key charges, finder's fees, amount
received from successful tax appeals, income from rebates, tax surcharges,
capital improvement surcharges, computed in accordance with the provisions
and limitations of this section.
3.
REASONABLE AND NECESSARY OPERATING EXPENSES – Includes all
expenses incurred and paid by a landlord necessary to the operation
and maintenance of the residential rental property during the period
reflected in the income computed in this section, excluding mortgage,
principal or interest payments, depreciation or amortization, computed
with these limitations:
(a)
Taxes shall be limited to amounts actually paid, including those
in escrow for appeal;
(b)
Repairs and maintenance shall be limited to arms-length transactions
and shall be reasonable and necessary. Cost of service contracts shall
be prorated over the period covered. Painting shall be prorated at
a period of three (3) years for the interior of dwelling units or
five (5) years for the exterior and common areas;
(c)
Purchase of new equipment shall be reflected and prorated over
the useful life of the item;
(d)
Legal and auditing expenses shall be limited to reasonable and
necessary costs of the operation of the property;
(e)
Management fees shall be limited to actual services performed,
such as the resident manager's salary, telephone expenses, postage,
office supplies, stationery, and the value of the apartment provided
if included in income. In no event shall management fees exceed five
(5%) percent of the first $50,000.00 of gross maximized annual income;
four and one-half (4 1/2%) percent of the next $25,000.00; four
(4%) percent of the next $100,000.00; three and one-half (3 1/2%)
percent of the next $100,000.00 and three (3%) percent of any amount
over $275,000.00;
(f)
Salaries not included in management fees shall be limited to
actual services performed and reasonable for similar position in the
area, including rental value, if included in income and expenses and
wages and benefits paid;
(g)
Advertising shall be actual costs that are reasonable to insure
occupancy only;
(h)
Utilities such as gas, electric, water and oil, shall derive
from arms-length transactions and the landlord shall demonstrate that
all reasonable efforts to conserve energy and fuels have been used;
(i)
Insurance costs shall derive from all arms-length transactions
prorated over item of policies;
(j)
The history of the income and expense shall be consistent with
the application or fully documented as to any changes.
e.
In any such application for a hardship increase, the landlord shall
specifically submit adequate proof to demonstrate:
1.
He/she is an efficient operator of the residential rental property;
2.
The residential rental property is in a safe and sanitary condition
and in substantial compliance with State Health Codes and the Property
Maintenance Code;
3.
If, during consideration of a hardship increase, the Rent Leveling
Board shall determine that the landlord is not in substantial compliance
with any or all of the above, the Board may temporarily withhold further
consideration of the Hardship Increase Application until the landlord
has corrected any such deficiency.
f.
If, after a full hearing, the Rent Leveling Board shall determine
that the landlord is in full compliance with the provisions of this
section, it may permit a rental increase sufficient to reestablish
the sixty (60%) percent relation of reasonable and necessary operating
expenses to the forty (40%) percent fair net operating income. Any
increase shall be equally prorated to all of the affected units within
the structure or on the property, upon thirty (30) days notification
after the Board has approved of the hardship increase.
g.
In determining the rent increases under this section, the Rent Leveling
Board shall consider whether the rent increase permitted by this section
provides the landlord with a just and reasonable rate of return. The
Rent Leveling Board shall be guided in its determination by whether
the rental increase will result in a rate of return which is sufficiently
high so as to:
h.
If the Rent Leveling Board determines that the rental increase does
not provide the landlord with a fair and reasonable rate of return
under paragraph g1, 2 and 3, the Rent Leveling Board shall have the
authority to appropriately adjust the rental increase to provide the
landlord with a fair and reasonable rate of return.
[Ord. No. 13-26]
There is hereby created a Rent Leveling Board within the Township
of Neptune. The Board shall consist of five (5) regular members and
two (2) alternate members. The members of the Board shall be appointed
by the Governing Body and their terms of office shall be for a period
of one (1) year each, with each member serving without compensation.
Except as provided herein, the powers herein granted to the
Rent Leveling Board are advisory powers and its actions shall be subject
to review by the Governing Body of the Township hereinafter provided.
The Board shall elect among themselves a Chairperson at the
first annual meeting of the Rent Leveling Board, which it is called.
The Township Committee shall appoint a paid Board Secretary and legal
counsel when needed. The Construction Official, Housing Inspector
and/or Code Enforcement Officer may be called for specific reasons
when needed by the Board and in its discretion. The Board shall be
subject to Open Public Meeting Act.
[Ord. No. 13-26]
The Rent Leveling Board is hereby granted, and shall have and
exercise, in addition to other powers herein granted, all the powers
necessary and appropriate to carry out and execute the purposes of
this section, including but not limited to the following:
a.
To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this section, which rules and regulations
shall have the force of law until revised, repealed or amended by
the Board in the exercise of discretion, providing that such rules
are filed with the Township Clerk.
b.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this section.
c.
To hold hearings and adjudicate applications from landlords for additional
rental and surcharges.
d.
To hold hearings and adjudicate applications and complaints from
tenants for reduced or improper rentals. The Board shall give both
landlord and tenant reasonable opportunity to be heard before making
any determination.
e.
Upon application the Board may in its discretion issue written advisory
opinions as to any issue of jurisdiction on any future potential matter.
The opinion shall not be binding but shall be advisory in nature and
provide guidance for future actions.
[Ord. No. 13-26]
Both landlord and tenant may appeal in writing the findings
of the Board to the Governing Body within twenty (20) days from the
date of the determination. The Township Committee shall hold a hearing
on the record before the Board. Procedures for appeal and costs shall
be determined in the Rules and Regulations of the Board.
[1]
Editor's Note: Subsection 4-30.8, Tax Reduction; Tenant Credit,
containing portions of Ordinance No. 13-26, was repealed in its entirety
by Ordinance No. 2014-28.
[Ord. No. 13-26]
During the term of this section, the landlord shall maintain
the same standards of service, maintenance, furniture, furnishings
and equipment in the housing space, dwelling and common areas as it
provided or was required to do by law or lease or tenancy at the date
the lease or tenancy was entered into or started. In the event the
landlord fails to provide such services, tenants may petition the
Board for a rent reduction.
[Ord. No. 13-26]
The owner of housing space or dwelling being rented for the
first time shall not be restricted in the initial rent he charges.
Any subsequent rental increases, however, shall be subject to the
provisions of this section.
[Ord. No. 13-26]
Should a lease entered into between the landlord and tenant
prove to be in conflict with a Rent Leveling Ordinance, the Ordinance
shall take precedence.
[Ord. No. 13-26; Ord. No. 2014-28]
Upon the voluntary, uncoerced or court authorized termination
of a tenancy, during or at the end of any lease, the rent shall be
decontrolled and the rent may be raised by the landlord without regard
to the limitations imposed by this section. The rent to be charged
to a new tenant, as well as the rent previously charged for the same
space, shall be reported to the Rent Leveling Board within fifteen
(15) days of renting the space. Upon re-rented, the rental space shall
be considered recontrolled to the same extent and under the same conditions
as any space originally controlled.
Failure to report the information required within the fifteen
(15) days specified shall result in the rental space remaining controlled
to the same extent and under the same conditions as if it had not
been vacant and any rental charged the new tenant in excess of that
controlled rate shall be void.
[Ord. No. 13-26]
Any tenant filing a complaint with the Rent Leveling Board against
the landlord shall be required to sign a complaint and appear before
the Board to give testimony as requested by the Board. The landlord
and/or his representative upon due notice shall be required to appear
and give testimony. Any tenant appearing before the Board may select
someone to represent them who need not be an attorney provided the
person representing the tenant is authorized to do so in writing.
Any person representing a tenant except an attorney is not permitted
to charge a fee for his service. Any landlord who is incorporated
or is an LLC must be with legal counsel when appearing on a landlord
instituted complaint.
[Ord. No. 13-26]
When the Rent Leveling Board shall request of any landlord any
information with respect to any rental unit such information shall
be provided to the Rent Leveling Board within fifteen (15) days of
such request. Failure to report the information required within the
fifteen (15) days specified shall result in the rental space remaining
controlled to the same extent and under the same conditions as it
had not been vacant and any rental charged the new tenant in excess
of that controlled rate shall be void.
[Ord. No. 13-26]
All landlords shall be required to have at all times a copy
of the Rent Leveling Ordinance posted in the lobby or other conspicuous
place in the premises of the landlord and provide a copy to all tenants
on the initial lease or tenancy or all existing tenants written sixty
(60) days of enactment of this section.
[Ord. No. 13-26]
This section being necessary for the welfare of the Township
of Neptune and its inhabitants shall be liberally construed to effectuate
the purposes thereof.
[Ord. No. 13-26]
The Rent Leveling Board of the Township of Neptune has been
authorized and instructed to administer the provisions of the Senior
Citizens and Disabled Protected Tenancy Act, Chapter 226 of the Laws
of New Jersey 1981. The Rent Leveling Board of the Township of Neptune
has been instructed to report to the Mayor and Township Committee
within thirty (30) days, its recommendations as to the fees which
should be charged to owners seeking to convert properties to condominiums
or cooperatives as provided in Section 16 of the Act. Until such time
as the Rent Leveling Board has submitted its recommendations and the
Mayor and Township Committee have had an opportunity to act thereon,
it is necessary to establish interim fees for the processing of notices
and applications and to otherwise administer the provisions of the
Senior Citizens and Disabled Protected Tenancy Act.
[Ord. No. 13-26]
The following fee structure is provided to cover the costs of
the services to be provided by the Township of Neptune under the provisions
of the Senior Citizens and Disabled Protected Tenancy Act and are
to be paid by the owners of properties sought to be converted to condominiums
or cooperatives at the time such owners take steps to invoke the services
of the Township under the Senior Citizens and Disabled Protected Tenancy
Act:
[Ord. No. 13-26]
This section shall take effect upon publication according to
law and remain in effect until such time as an ordinance establishing
permanent fees for the Township's services under the Senior Citizens
and Disabled Protected Tenancy Act is adopted by the Mayor and Township
Committee of the Township of Neptune.
[Ord. No. 13-26]
a.
Any person violating any of the provisions of Sections 4-30 and/or 4-31 shall, upon conviction thereof, be subject to a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars or be imprisoned for a term not to exceed ninety (90) days, community service not exceeding ninety (90) days or any combination thereof. Each day that any violation continues shall be considered a new and separate violation of Sections 4-30 and/or 4-31.
b.
Upon recommendation to the Township Committee by the Rent Leveling
Board that a violation be prosecuted, it shall be the duty of the
Township Housing Inspector or Code Enforcement Officer to sign the
complaint, within fifteen (15) days after the Township Committee has
authorized the same by resolution.
[Ord. No. 13-26]
a.
Any person who violates any provision of Sections 4-30 and/or 4-31 shall and upon conviction for the first offense pay a fine of not more than five hundred ($500.00) dollars and for the second offense shall pay a fine of not more than one thousand ($1,000.00) dollars; and for the third offense shall pay a fine of one thousand two hundred fifty ($1,250.00) dollars or be imprisoned for a period not more than ninety (90) days or community service not to exceed ninety (90) days or any combination thereof. Each and every offense shall be deemed to be and constitute a separate and distinct violation of these sections.
b.
In addition to the penalties hereinabove provided in the case of conviction under Sections 4-30 and/or 4-31, upon any four (4) convictions for violations of these sections, the premises in or upon which the violations occurred shall be deemed a nuisance and the owners, tenants and occupants of such premises shall be liable for the penalties and additional penalties provided for the maintenance of nuisances and in accordance with such acts made and provided.
c.
Any person who is not in willful violation of Sections 4-30 and/or 4-31, but still violates these sections shall first be given twenty (20) days written notice by the Neptune Township Housing Department or Code Enforcement Department to cease the aforesaid violation before a complaint is filed against the landlord or owner of a mobile home park. This does not include complaints filed by tenants before the Rent Leveling Board claiming an illegal rent increase by the landlord or requesting a reduction in rent for reduced services. In those cases, the complaint filed by the tenant before the Rent Leveling Board and served upon the landlord or mobile home park owner shall be sufficient notice of violation. A willful violation is considered a direct violation of a Board decision or Court order.
[Ord. No. 2015-55]
a.
The Township, in its sole discretion, may grant a property owner of the Township of Neptune a revocable license in writing, allowing for said property owner to create or continue an existing encroachment upon municipal property where such an encroachment is considered by the governing body not to be a significant impairment to the Township's use of the Township property, is not a safety hazard and satisfies the standards set forth in Subsection 4-33.2 of this section and will be removed at the sole cost and expense of the property owner should the Township determine, in its sole discretion, that such encroachment needs to be removed in order for the Township to make use of or enter upon said Township property, subject to approval by the State of New Jersey in those cases, and in those cases only, where state approval is required either because of green acres funding of public property or other state requirements.
b.
Any revocable license granted by the Township must be granted by
resolution, be in written form of agreement, approved by the Township
Attorney and possess in the very least a Indemnification and hold
harmless clause protecting the municipality against injury or damages;
allow for the removal of the encroachment upon notice of termination
in the sole discretion of the Township and at the sole cost and expense
of the property owner and enforceability in case the property owner
fails to comply with the aforesaid license agreement, by allowing
the Township to remove said encroachment at the sole cost and expense
of the property owner.
c.
All License agreements shall be recorded in the Clerk's Office of
Monmouth County at the sole cost and expense of the property owner.
d.
Change
in ownership of property subject to a revocable license agreement
shall require either termination of the license agreement or an assignment
to the new owner of the existing revocable license agreement, and
approval by the governing body by resolution.
[Added 10-28-2019 by Ord.
No. 2019-35]
[Ord. No. 2015-55]
a.
The Governing Body in considering the approval of said Revocable
License shall only grant by resolution such a license if the property
owner meets the following criteria:
1.
The existing or proposed encroachment shall not create an obstruction
to vehicle, bicycle or pedestrian traffic as determined by the Township
Engineer.
2.
The encroachment or proposed encroachment shall not infringe upon
any easements held by the Township or other public agencies or utilities.
3.
The encroachment or proposed encroachment shall not obstruct the
sight triangle.
4.
The encroachment or proposed encroachment shall not create or contribute
to a safety hazard as determined by the Township Engineer.
[Ord. No. 2015-55]
a.
The governing
body of Neptune Township shall review any written request or application
by letter or other written form of an owner of real estate for a license
to an existing encroachment or a proposed encroachment by submitting
said written request through the Township Administrator with a general
description of the existing or proposed encroachment (height, length,
width, materials, distance between walking surface and bottom of encroachment,
etc.) including plan or drawing showing the location and elevation
and end section.
b.
Application for assignment of license agreements shall follow the
same procedure as for the initial revocable license agreement with
reliance on the original plans and description only.
[Added 10-28-2019 by Ord.
No. 2019-35]
[Ord. No. 2015-55]
a.
The following encroachments shall be allowed without a License Agreement;
though they may be subject to other local, State or Federal Regulations:
[Ord. No. 2015-55]
a.
Minor Encroachment. Property owners with minor encroachments as defined by Subsection 4-33.6 shall pay, in addition to the cost of recording the revocable license agreement with the Clerk of Monmouth County, a one-time fee for preparation of the agreement and for the allowance of a license by the Township of $150.
b.
Major Encroachment. Property owners, in addition to paying for the
cost of the recording of the revocable license agreement with the
Clerk of Monmouth County shall pay the Township an annual fee of $300,
which shall be inclusive of the cost of preparation of the revocable
license agreement and granting of the license, where the encroachment
or encroachments cover less than 70 square feet of municipal property
or right-of-way, and a $500 annual fee for encroachments which cover
70 or more square feet of municipal property or right-of-way, to be
paid annually on the anniversary date of the Revocable License Agreement.
c.
Determination. The governing body shall make the determination of the type of encroachment based on the application or request and/or description provided of the encroachment and pursuant to Subsection 4-33.6.
d.
Assignments. Property owners requesting assignment of an existing
revocable license agreement to a new owner of the subject property
shall pay a fee of $100 in addition to the cost of recording in the
Clerk's Office of Monmouth County.
[Added 10-28-2019 by Ord.
No. 2019-35]
[Ord. No. 2015-55]
Shall mean those encroachments whose surface and aerial uses
are easily removable from the right-of-way or Township property as
determined by the Township Engineer, including but not limited to
the following: fences, surface parking, awnings, overhangs, aerial
cables or small temporary structures without foundations as determined
by the Township Engineer.
Shall mean all other encroachments not identified as minor.
Shall mean should there be multiple encroachments in the
same municipal right-of-way or municipal property area of which some
are minor and some are major, the encroachment shall cumulatively
be treated as a major encroachment for purposes of the fee with one
fee for all encroachments in the same area.
Shall mean in the same block and lot or immediate adjacent
lot owned by the same property owner.
[5-10-2021 by Ord. No.
21-15; amended 3-13-2023 by Ord. No. 23-08]
a.
The Mercantile Registration Office shall maintain a list of addresses of those premises where the owner and/or occupant has notified the Mercantile Registration Office that soliciting, canvassing, peddling, hawking or other actions set forth more fully in § 4-4 of the Code of the Township of Neptune are not permitted on the premises (hereinafter referred to as the "No Knock Registry"). A request by owners or occupants being included on the No Knock Registry shall be by completion and submission of a form made available by the Mercantile Registration Office. The No Knock Registry shall be updated on January 15th and July 15th of each year.
b.
The Mercantile Registration Office shall distribute the current No Knock Registry to any licensee at the time of issuance of a license to solicit, canvass, peddle, or hawk or otherwise act under § 4-4 of the Code of the Township of Neptune. Said licensee shall not solicit, canvass, peddle or hawk or take any other actions subject to a license under § 4-4 of any premises identified on the current No Knock Registry.
[5-10-2021 by Ord. No.
21-15]
The following persons and/or organizations or persons representing
said organizations are exempt from compliance with this section:
a.
Any charitable, religious, patriotic, political or philanthropic
purpose.
b.
Any organization or person representing said organization which qualifies
for tax exemption under the Internal Revenue Service Code.
c.
Any organization or person representing said organization that qualifies
for exemption from sales tax under N.J.S.A. 54:32B-9 or created under
Title 15A of New Jersey Statutes.
d.
Persons delivering goods, wares or merchandise in the regular course
of business to the premises of persons ordering or entitled to receive
said goods; such as but not limited to delivery of milk, eggs, bread,
newspapers or other necessary and/or perishable articles of food or
merchandise of the type commonly delivered on a house-to-house basis
at intervals of less than one week.
e.
Federal Census takers and polls or surveys taken pursuant to federal,
state or local law.
f.
Veterans or volunteer fireman, first aid, individuals representing
said groups holding a special license pursuant to N.J.S.A. 45:24-9,
and shall be obligated to carry said license or proper identification.
g.
Halloween trick-or-treaters.
h.
It shall be unlawful for any person under the age of 18 to solicit
under this section unless supervised by a person at least 18 years
of age or older and who will be in sight of and no more than 100 feet
away from an individual who is 18 years of age or older.
i.
No person subject to the provisions of this section shall canvass,
solicit or distribute circulars or other matters or call from house
to house except during the hours of 1:00 p.m. through 5:00 p.m. Monday
through Friday. No commercial solicitation, distribution or canvassing
is permitted Saturday or Sunday in the Township.
[5-10-2021 by Ord. No.
21-15]
[Added 11-8-2021 by Ord. No. 21-45]
[Added 11-8-2021 by Ord. No. 21-45]
As used in this section, the following terms shall have the
meanings indicated:
A rigid container generally used for routine collection,
temporary storage of solid waste, construction materials, industrial
and other waste materials generally on a temporary basis which is
a portable detachable device.
Means 52 weeks from the date of issuance of the first permit.
A transportable unit designed and used for the temporary
storage of household goods, personal items, construction materials
and supplies and other materials which are placed on a site for the
use of occupants of a dwelling or building on a limited basis. Portable
storage units include but are not limited to certain trade named units
called "PODS", "mobile attics" and like Portable On-demand Storage
Containers.
Includes street, sidewalk, highway, public lane, alley, Township
parking lot or other public place in the Township under the control
and/or ownership of the Township.
[Added 11-8-2021 by Ord. No. 21-45]
a.
Any person looking to place, permit to be placed or utilize a dumpster as defined above shall require a permit issued by the Director of Code Enforcement and a payment of a non-refundable filing fee of $30 for residential property and $150 for commercial properties or such other fee as may be fixed from time to time by the Township Committee and shall be limited to a use not to exceed 60 days. Portable storage units or like storage containers placed on private property shall be limited to 30 days placement and shall require a permit from the Director of Code Enforcement upon payment of a non-refundable filing fee. Such dumpsters and portable storage units or like portable on-demand storage container shall be placed either on vacant private property or located on the side yard or backyard of an existing building or private property. Should the applicant require or request placement in the front of a building on private property; said application shall be treated the same as an application under § 4-35.2b. No property owner or agent for the property owner shall be allowed to apply for dumpster or portable storage unit or like portable on-demand storage container permits in excess of two permits per year, per property. All dumpsters and portable storage units and portable on-demand storage containers shall be appropriately labeled as of the date the permit was issued and the date required for removal; representing the maximum time period for use under the permit.
b.
Front yard shall be defined in accordance with the Zoning Code of
the Township. Should the applicant seek a hardship from the Director
of Code Enforcement, which would allow for placement of the dumpster
or portable storage unit or like portable on-demand storage containers
in a location on the front yard of private property or on a public
area as defined above, and should the Director of Code Enforcement
grant such hardship application as set forth more fully below; said
dumpster, portable storage unit or like portable on-demand storage
container shall be subject to the same time period for removal or
renewal as set forth more fully above, but shall be subject to a permit
fee of $100 for residential properties and $300 for commercial properties,
or such other fee as may be fixed from time to time by the Township
Committee, with the same limitations as set forth the above.
c.
Should a permit be issued for placement of the dumpster, portable
storage unit or like portable on-demand storage container on a public
area as defined above within the Ocean Grove Historic District, the
dumpster, portable storage unit or like portable on-demand storage
container shall not be permitted in the public area on a weekend during
the summer season. Weekends shall be defined as between Friday at
3:00 p.m. and Monday at 8:00 a.m. Summer season shall be defined as
between the dates of May 15th and September 15th. This prohibition
shall extend to Tuesday at 8:00 a.m. should the weekend be followed
by Memorial Day, Labor Day or the Fourth of July legal holidays.
[Added 11-8-2021 by Ord. No. 21-45]
a.
It shall be generally unlawful for any person to construct or place
a storage container for garbage, such as a dumpster, portable storage
unit or like or like portable on-demand storage container as defined
in this section upon any front yard of private property or upon any
Township owned or unaccepted dedicated street, avenue, highway, lane,
alley or public place or area as defined above. No permit shall be
issued for such use or storage of dumpsters, portable storage units
or like portable on-demand storage containers unless the applicant
establishes a hardship by satisfying one or more of the following
criteria:
1.
Narrowness of distance between property lines making placement of
the dumpster, portable storage units or like portable on-demand storage
containers elsewhere other than at the front of said private property
or at a public area difficult if not impossible.
2.
Parking needs affected.
3.
Traffic flow affected.
4.
Other reasons establishing the necessity of placement on the front
of private property or on a public area.
b.
Should the applicant demonstrate a hardship warranting placement of a dumpster, portable storage unit or like portable on-demand storage container on the front yard of private property or on a public area as defined above, the Director of Code Enforcement shall issue a permit with regards to dumpsters, portable storage units or similar portable on-demand storage containers on a temporary basis, in the case of a dumpster for a period not to exceed 60 days and in the case of a portable storage unit or like portable on-demand storage containers not to exceed 30 days. Extensions cannot be granted for more than the aforesaid time period set. Both a permit for a dumpster and a permit for portable storage container shall require a fee as set forth in § 4-35.2b above.
c.
Any permit may be revoked by the Director of Code Enforcement if
it is determined that the existence of the dumpster, portable storage
unit or like portable on-demand storage container is affecting traffic
flow or affecting the safety or welfare of the public.
d.
Further conditions for dumpsters, portable storage units or like
portable on-demand storage containers are as follows:
1.
At the time the application is filed, each applicant shall furnish
the Township of Neptune with a Certificate of Insurance which contains
limits of at least $100,000/$300,000 for bodily injury and $100,000
for property damage, which shall name the Township of Neptune as an
additional insured and which shall be non-cancelable during the permit
period.
2.
Any applicant who is given a "Hardship Permit" to place a dumpster,
portable storage unit or like portable on-demand storage container
in the front yard or in a public area shall furnish the Township of
Neptune with sufficient surety, to be determined by the Township Engineer
to guarantee against damage to the streets, curbs and sidewalks or
other improvements in the public right-of-way.
3.
No dumpster, portable storage unit or like portable on-demand storage container shall be placed in a public area for more than 24 hours prior to commencement of construction, and shall not remain therein for more than 24 hours subsequent to construction being completed, and shall not exceed the time period limitations of § 4-35.2a above.
4.
No permit shall be issued by the Director of Code Enforcement until
it is determined that the issuance of the permit will not constitute
a danger to public safety or an unwarranted interference with the
efficient movement of traffic.
5.
Any person who controls, owns or lease or operates a refuge dumpster,
portable storage unit or like portable on-demand storage unit must
ensure that such container or dumpster is covered at all times and
shall prevent refuge or materials from spilling out or overflowing.
6.
Any person who controls, owns or leases or otherwise uses a refuge
dumpster, portable storage unit or like portable on-demand storage
unit must ensure that such unit or container does not leak or otherwise
discharge liquids, semi-liquids or solids to the municipal sewer system
operated by the Township of Neptune or public areas or adjoining properties.
7.
No dumpster, portable storage unit or like portable on-demand storage
container shall be placed in a public or private area unless it is
determined by the Police Department that there is sufficient room
to place the dumpster, portable storage unit or like portable on-demand
storage unit on the property of the person utilizing the same. No
dumpster, portable storage unit or like portable on-demand storage
container placed on the property shall impede the flow of pedestrian
or vehicular traffic or safety and site lines.
8.
All dumpsters, portable storage units or like portable on-demand
storage units allowed on public areas shall be equipped with markers
consisting of reflective diamond shaped panels measuring a minimum
of 18 inches by 18 inches. These panels shall be mounted at the edge
of the dumpster, portable storage unit or like portable on-demand
storage container at both ends nearest the path of passing vehicles
and facing the direction of oncoming traffic. The required marker
shall have a minimum height of three feet from the bottom of the panel/unit
to the surface of the roadway.
9.
All dumpsters, portable storage units or like portable on-demand
storage containers shall at all times be kept in good repair and shall
be structurally sound and leak proof and shall be painted as to prevent
the show of rust or deterioration, and shall be constructed to stand
firmly upright.
10.
All permits for dumpsters, portable storage units or like portable
on-demand storage containers for particular properties shall be restrictive
in that any garbage or debris placed in the same must be as a result
of construction or work on the site listed in the application and
cannot be used as a transfer station for construction materials, garbage
and/or debris from other sites.
11.
Any "Hardship Permit" located in a public area shall be subject to
the following requirements:
(a)
They shall be located a minimum of 25 feet from the nearest
intersection. A minimum of 35 feet from a stop sign.
(b)
They shall be located a minimum of 10 feet from the nearest
fire hydrant.
(c)
They shall be located as close to the curb as possible.
(d)
A minimum clearance of 15 feet shall be maintained on the street
side of the unit for the passage of vehicles. In locations where 15
feet is not normally available with automobiles parked on the street,
the dumpster or storage unit or like portable on-demand storage container
shall not exceed six feet, six inches in width.
(e)
They shall be marked with reflective material so as they are
visible to oncoming traffic.
(f)
Twenty-four-hour emergency contact shall be provided in the
event that removal of the dumpster, storage unit or like portable
on-demand storage container is necessary.
[Added 11-8-2021 by Ord. No. 21-45]
The Director of Code Enforcement is hereby authorized to notify,
in writing, by mailing by certified mail, return receipt requested
and regular mail or hand delivering to the owner, or person or entity
in control of the property where the dumpster, portable storage unit
or like portable on-demand storage container is located or person
or entity that in the opinion of the Township controls, owns or leases
the subject dumpster, portable storage unit or like portable on-demand
storage container or the agent of the owner or person or entity in
control therein of the particular violation. The person or entity
shall have five days from the date of receipt of the notice to cure
the violation. Said notice shall be deemed to serve as a continuing
notice for the remainder of the calendar year and the Township may,
without further notice, correct any existing violation in accordance
with this section.
[Added 11-8-2021 by Ord. No. 21-45]
Upon the failure, neglect or refusal of an owner, tenant, person
or entity in control or his or her agent to comply with this section
per the aforesaid notice within the time period prescribed by this
section then the Township is authorized to either issue citations
of violation as set forth more fully in this section and/or to remove
the subject dumpster, portable storage unit or like portable on-demand
storage container without further notice. The Township may act with
regards to this provision without notice if it determines an emergency
condition exists requiring action with regards to the dumpster or
container.
[Added 11-8-2021 by Ord. No. 21-45]
Should the Township be required to move the dumpster, portable
storage unit or like portable on-demand storage container in order
to correct any violation of this section, the Director of Code Enforcement
shall certify the costs of removal and storage of said Dumpster, Portable
Storage Unit or like Portable On-demand Storage Container and shall
be authorized to forward the bill to the property owner or person
or entity in control of said Dumpster, Portable Storage Unit or like
Portable On-demand Storage Container for payment within 30 days of
the date of the bill and any continuing storage costs. The amount
of the charge shall become a lien upon the lands and properties for
which the Dumpster, Portable Storage Unit or like Portable On-demand
Storage Container was located or properties of the owner, tenant or
controller of the Dumpster, Portable Storage Unit or like Portable
On-demand Storage Container where such Dumpster, Portable Storage
Unit or like Portable On-demand Storage Container served the benefit
and use of in the opinion of the Township. Should the person or entity
who owns, leases or controls the Dumpster, Portable Storage Unit or
like Portable On- demand Storage Container fail to pay all charges
and remove the dumpster or container from Township custody within
90 days of the Township removing and storing the same, then the Township
may sell the property at public auction. If the Dumpster, Portable
Storage Unit or like Portable On-demand Storage Container identifies
the owner of the subject Dumpster, Portable Storage Unit or like Portable
On-demand Storage Container, the same shall be notified of the proposed
sale in writing 10 days prior to public sale.
[Added 11-8-2021 by Ord. No. 21-45]
In the event that any person or entity fails to comply with
this section by committing an unlawful act, a fine not exceeding $2,000
per violation, a term of imprisonment not exceeding 90 days or a period
of community service not exceeding 90 days or any combination thereof
shall be imposed.
[Added 2-26-2024 by Ord. No. 24-08]
[Added 2-26-2024 by Ord. No. 24-08]
As used in this section, the following terms shall have the
meanings indicated:
A planned public or social occasion held on a premises not
typically used for stated purposes or a one-time or infrequently occurring
event outside normal programs or activities of the sponsoring or organizing
body.
A public procession, especially one celebrating a special
day or event that may include marching bands and floats. Any event
that traverses the municipality.
Any building or structure owned and maintained by the Township
of Neptune.
Any land, park or parcel that is owned and maintained by
the Township of Neptune.
That portion of the public street between the curb lines
or lateral lines of the roadway and the adjacent property lines intended
for use by pedestrians. Sidewalks shall include boardwalks, and bridges
where intended for pedestrian traffic.
Any public right-of-way, including public street, public
highway, public road, public alley, public bridge, public easement
or other public way owned or controlled by Neptune Township. The aforesaid
includes boardwalks subject to a right-of-way or easement.
All costs associated with municipal services or use of municipal
property.
Any preplanned occasion to occur in a location, manner or
size that is not typically used for the stated purpose, which is:
Located wholly or partially on property owned or maintained
by the Township, and is a joint event with the Township; or
Permissibly located on any other property and requires for its
successful execution the provision and coordination of municipal services
to a degree significantly over and above that which the Township routinely
provides; or
Any parade or other event, such as a concert, race, walkathon,
bicycle race, fair, carnival, celebration, sporting event, flea market,
plunge, bonfire, show, service or wedding, or any other type of large
event generating a parking or traffic situation that may interfere
with the movement of normal traffic and/or emergency vehicle, taking
place in or upon any public street, park, beach or other public place,
or private property in the Township of Neptune.
|
The following shall be illustrative of, but not limited to,
the type of event requiring a permit: the closing of a public street,
the sale of merchandise, food or beverage on public property utilized
in a joint sponsorship with the Township, or on private property where
otherwise prohibited by law, the installation of a stage, bandshell,
trailer, van, portable building, tent, grandstand or bleachers on
public property if a joint event with the Township exists, or private
property or on a public street or sidewalk.
|
A committee assembled pursuant to and in accordance with subsection 4-36.9 of this section for the review, processing and preliminary approval of Special Event Applications.
[Added 2-26-2024 by Ord. No. 24-08]
The intent of this Section is to enable the Township of Neptune
and its governing body to have control over the type and scope of
special events as defined herein, to be held within the confines of
the Township, while ensuring the protection of the interest of those
in the community upon which such special events shall impact.
[Added 2-26-2024 by Ord. No. 24-08]
It shall be unlawful for any person, business or entity to engage
in any operation in the Township as defined in this Section without
first obtaining a permit thereof in compliance with the provision
of this Section and adhering to the regulations set forth in this
Section. A Permit is not necessary for Special Events sponsored by
the Township, but a Permit is still required for co-sponsored events
with the Township, with the Application completed by the private sponsor.
[Added 2-26-2024 by Ord. No. 24-08]
All applicants must complete an application form as prescribed
by the Township Clerk, which may request the following information:
a.
Applicant's and/or co-applicant's information to include,
but not be limited to: Name, address, email and phone number.
b.
Event information to include, but not be limited to: Location, date,
time, nature of event and anticipated number of attendees.
c.
Safety information to include, but not be limited to: Incident action
plan, weather condition plan, fire safety precautions, law enforcement
or security measures, emergency medical services and emergency vehicle
access plans.
d.
Health information to include, but not be limited to: Potable water
access, bathroom access and review of Application.
[Added 2-26-2024 by Ord. No. 24-08]
a.
All applicants for Special Event Permits shall be required to pay
a non-refundable application fee as well as all other fees that are
determined to be necessary by this section; depending upon the nature
and extent of the proposed activity, along with the application to
the Township Clerk. The application fee shall be due at the time that
an application is submitted. Other fees or reimbursements that may
be required include, but are not necessarily limited to: costs associated
with provisions of police and/or fire supervision; emergency services;
staffing; use of municipal owned property and/or use of municipal
owned vehicles or equipment and the creation and/or use of temporary
parking areas. Applicants shall be provided with an estimate of the
required fees by the Township Administrator or their designee after
the Special Events Committee has reviewed the contents of the application,
pursuant to this section. Final confirmation of the total fee shall
be made by the Special Events Committee with recommendations to the
Township Committee as part of a final approval by resolution. The
Special Events Committee may require in its discretion that the estimated
cost be paid by the applicant in advance as a deposit pending final
cost determination. All required costs and reimbursements determined
by the Special Events Committee prior to the event shall be due and
payable at least 10 days prior to the event. In addition to the fees
and reimbursements payable prior to each event, the applicant shall
be required to pay for any and all additional or anticipated expenses
which are occasion, oriented or became necessary during or after the
event, as a direct result of the event.
b.
Application Fees; Maintenance Personnel and Equipment Fees and Reimbursements
Street Blocking Fees; Off-duty Police Officer Fees; EMT/Fire Fees;
Utility Fees and Returned Check Fees. There is hereby established
and incorporated in this section by way of reference a table of Fees
and Reimbursements established by resolution at the time of adoption
of this section and amended by resolutions each year during the Reorganization
Meeting or thereafter.
c.
It shall also be understood that all fees involving Fire Districts
shall also be subject to approval by said Fire District.
d.
Co-sponsored events shall not be subject to non-refundable application
fee or reimbursement costs.
[Added 2-26-2024 by Ord. No. 24-08]
Use or rental of public buildings or public land to individuals,
organizations or companies not associated with the Neptune Township
Municipal Government or co-sponsored with the Township is prohibited
for events, activities or meetings that are outside of the intended
purpose.
[Added 2-26-2024 by Ord. No. 24-08]
The permit may be revoked by the governing body of this municipality
at any time if any of the conditions necessary for the issuance of
or contained in the permit are not complied with or if any condition
previously met ceases to be complied with.
[Added 2-26-2024 by Ord. No. 24-08]
Any person, firm, corporation, or entity violating or failing
to comply with any of the provision of this section shall, upon conviction,
be liable to a penalty of $500 for the first offense, $1,000 for a
second offense, with suspension for obtaining any Special Event License
for five years and for a third or subsequent offense, a fine of $2,000
and/or 90 days in jail and/or 90 days of community service or any
combination thereof and loss of ability to obtain any Special Event
Permit in the future.
[Added 2-26-2024 by Ord. No. 24-08]
a.
A Special Events Committee is hereby created to review and assist
in processing and preliminary approval of Applications in accordance
with this section; subject to final approval by the Township Committee.
The Special Event Committee may require the applicant to supplement
its application with any pertinent documentation that may be of assistance
to the Special Events Committee and to the Township Committee in their
review of the application. The Special Events Committee shall consist
of the Administrator, Municipal Clerk, the Mayor or Mayor's Designee,
the Police Chief, Fire Official, Emergency Management Coordinator,
EMS Manager, CFO, Public Works Director and Mercantile Officer and
any other relevant Municipal Officials deemed necessary. The Township
Committee may in lieu of any of the aforesaid officials designate
an alternative in its discretion.
b.
All completed applications must be submitted to the Municipal Clerk or their designee at least 60 days prior to the event, or within a reasonable amount of time for review by the Special Events Committee and Township Committee. There will be a late fee of $20 per day for applications submitted less than 60 days prior to event. Events permitted in parks are subject to review and approval and regulations for Park Use under Chapter 23 of the Municipal Code of the Township Ordinances and also reviewed by the Director of Recreation. The Township reserves the right to reject any application if a prior year's fees have not been paid in full, or if the applicant is delinquent in payment of any municipal taxes, fines, or other fees, or fails to satisfy any condition or standard in this Chapter.
c.
Following receipt of a written report from the Special Events Committee
indicating the appropriate fee and reimbursements to be charged, the
Township Committee shall make the final determination as to whether
to issue a Special Events Permit by resolution, by affirmative vote
by a majority of the Township Committee. Issuance of a permit may
be subject to such conditions and restrictions as may be determined
necessary by the Township Committee and the Special Events Committee.
The applicant shall be required to abide by all conditions and restrictions
imposed by the Township Committee.
d.
The Special Events Committee will determine whether any application
represents a genuine co-sponsored or joint event with the Township,
with final approval made by resolution of the Township Committee.
All co-sponsored or joint events must identify a Township Representative
or Committee and said Representative or Committee must participate
in the coordination and organization of the event, as if it were solely
a Township event.
[Added 2-26-2024 by Ord. No. 24-08]
a.
Execution of a Hold Harmless Agreement and indemnification prepared
by the Township with regard to the Township and in favor of the Township.
b.
Proof of Liability Insurance naming the Township as an "Additional
Insured" in an amount to be determined by the Special Events Committee
after review of the application.
c.
A plan for potable water meeting all Federal and State requirements
for purity sufficient to provide drinking water for the maximum number
of people assembled at a rate of one gallon per person, per day.
d.
A plan to include toilets for meeting all State and Local Specifications,
conveniently located for the Special Event in anticipation of a duration
of eight or less hours, with the anticipated attendance of each person
participating in the Event during eight or less hours with two toilets
for every 125 persons in attendance. In the event the duration of
the Special Event is anticipated to be more than eight hours, then
four toilets for every 125 people in attendance.
e.
A plan for sanitary method of disposing of solid waste in compliance
with local laws.
f.
A plan for basic life support "BLS" (Ambulance and two EMT's)
and advance Life Support "ALS" availability.
g.
A plan for illumination of sufficient light for the entire Special
Event area, if Special Event continues after hours of darkness.
h.
A plan for parking in the area of the Special Event site sufficient
to provide parking for the maximum number of people to be assembled.
i.
A plan for security sufficient for the number of anticipated participants
in the Special Event.
j.
A Fire Protection Plan approved by a local Fire District.
k.
Inclement Weather Plan.
l.
Reasonable precautions to ensure that the sound volume of the Special
Event does not violate Local, State or Federal Law.
m.
No use of existing Township Concession Stands or permanent bathrooms
or facilities, if any, without the consent of the Special Events Committee
and a submitted, accepted plan for cleaning and maintenance of said
facilities.
n.
All of the aforesaid conditions may be modified or eliminated by
the Special Events Committee.
[Added 2-26-2024 by Ord. No. 24-08]
A permit is not transferrable in any manner whatsoever.
[Added 2-26-2024 by Ord. No. 24-08]
This section shall be enforced in the Municipal Court upon a
complaint signed by the Police, Code Enforcement, the Zoning Officer
and/or Officer of the Township, or by a citizen.
