CHAPTER IV  GENERAL LICENSING

 

 

4-1   EMERGENCY ALARM SYSTEMS.

 

4-1.1   Findings and Declarations.

   The Township Committee hereby finds and declares that:

a.      Alarm systems and devices to detect and report emergencies such as burglary and fire have been installed in numerous residential, commercial and industrial premises in the Township.

b.      Many alarm companies have contracted with the owners and occupants of premises in the Township for the sale or leasing, installation, operation and maintenance of private alarm systems, which contracts provide for the connection of the private alarm systems to central alarm panels in the Township's law enforcement building or fire headquarters.

c.      Unless the various systems and devices of the many alarm companies are uniformly regulated there will be an unnecessary drain on the manpower, time, space, facilities and finances of the Township and its public safety departments; deterioration of the quality of, and inefficiency in, the service to persons subscribing to the alarm services; and confusion or inequities among the alarm companies of the Township.

d.      The public interest, therefore, requires the enactment of standards, procedures and regulations to control the use of private emergency alarm systems and devices in the Township.

         (1967 Code § 8B-1-1; Ord. No. 33-79 § 1)

 

4-1.2   Purpose.

   The purpose of this section is to provide standards, procedures and regulations for various types of burglar, fire and other private alarm systems or warning devices which require a response by the Police Department, Fire Department or other Township agency. (1967 Code § 8B-1-2; Ord. No. 33-79 § 1)

 

4-1.3   Scope.

   The provisions of this section shall apply to any person, other than the Township, who operates, maintains or owns any private alarm system or warning device designed to summon the Police, Fire Department or other Township agency to any location in response to the signal of any type of emergency alarm. This section shall not be construed to prohibit alarm companies from providing alarm services to other offices within or without the Township so long as such services are not connected to the alarm register at the fire headquarters or the alarm panel at the law enforcement building. No person shall have premises protected by a private alarm system or warning device unless the alarm system or warning devices is registered in accordance with this section. (1967 Code § 8B-1-3; Ord. No. 33-70 § 1)

 

4-1.4   Definitions.

   As used in this section the following terms shall include the meanings given herein.

Alarm panel shall mean the component of the communications console in the Township's law enforcement building which indicates the existence of any emergency.

Alarm register shall mean the panel in the Township's fire headquarters which indicates the existence of a fire.

Communications console shall mean the console or control panel located in the Township's law enforcement building which gives either visible and/or audible indications of alarms.

False alarm shall mean the actuation of an alarm system or warning device by causes other than those to which the alarm system or warning device was designed or intended to respond, or the testing of alarms required by law or practice without prior notice to the police department.

Licensee shall mean the person obtaining the license to install, operate and maintain the alarm panel in the law enforcement building.

Local alarm shall mean any device installed to serve an improved property and designed to sound an alarm by a bell, horn, siren or other noisemaking instrument located upon the property where the device is installed and audible beyond the limits of the property in the event of the presence of fire, smoke or similar hazards, unauthorized entry, the commission of an unlawful act, or any one or more of the foregoing, but is not connected to the alarm panel in the law enforcement building or alarm register in the fire headquarters. Any equipment which combines the characteristics of a private alarm system and a warning device shall be classified as a private alarm system for the purpose of this section.

Permittee shall mean and include any partnership, corporation or association, or any other legal entity, as well as a natural person.

Private alarm system shall mean any system installed to serve an improved property and designed or used for detection of fire, smoke or similar hazards, the detection of unauthorized entry, the commission of an unlawful act, or the detection of any one or more of the foregoing, or for reporting any emergency, which system communicates or causes the communication of information to the alarm panel in the Township's fire headquarters. A private alarm system includes, but is not limited to, any one of the following types:

a.    Lease line system which provides direct connection by a telephone lease line from a specific location to the alarm panel or alarm register with a visible or audible signal.

b.    Tape dialer system which automatically selects a telephone trunk line and then reproduces a prerecorded message to a special telephone device rather than to the alarm panel or alarm register.

c.    Telephone call system which automatically alerts a person, beyond the limits of the property served, who is engaged in the business of relaying information by telephone to the Township Police Department or Fire Department or reacting independently of the Police or Fire department.

      (1967 Code § 8B-1-4; Ord. No. 33-79, § 1)

 

4-1.5   Alarm Panel License.

a.      There is hereby established an alarm panel license, which shall be granted upon recommendation of the Township Committee in accordance with subsection 4-1.6.

b.      Except for use by the Township Police Department, the licensee shall have exclusive use and control of the alarm panel in the communications console in the law enforcement building as provided in the specifications for the alarm panel. The licensee shall be responsible, at no cost to the Township, for the furnishing, installing, operating and maintaining of the alarm panel which shall contain the equipment approved by the Township Committee. The licensee shall, at no cost to Millburn Township, locate the panel and, if necessary, relocate the panel, under the supervision of the Chief of the Township Police Department.

         (1967 Code § 8B-2-1; Ord. No. 33-79, § 1)

 

4-1.6   Procedures and Requirements for Issuance of Alarm Panel License.

a.      Specifications. The Chief of Police shall prepare written specifications covering the alarm panel.

b.      Qualifications. Persons desiring to bid for the license shall complete and submit the qualifications questionnaire attached to the bid proposal. Proposals that are not accompanied by a completed qualifications questionnaire shall be rejected. The questionnaire shall include the following information concerning the bidder's ability to comply with the requirements of this section and the Local Public Contracts Law:

1.     Financial and personal references;

2.     The location of the bidder's office in the Township or within a fifteen (15) mile radius thereof;

3.     The personnel available to service said equipment on a twenty-four (24) hour basis; and

4.     A list of the equipment conforming to the bid specifications.

c.      Advertisement for Bids. Upon adoption of this section the Township Committee shall authorize the Township Clerk to publish an advertisement inviting sealed proposals for the installation, operation and maintenance of the alarm panel in accordance with the provisions of this section and of the specifications.

d.      Submission of Proposals. The proposals shall be in the form prescribed by the specifications and shall include, but not be limited to, the following:

1.     A description of the alarm panel to be installed.

2.     A guarantee that the licensee will complete the installation and have it in working order on or before the date stated in the specifications.

3.     A deposit of ten thousand ($10,000.00) dollars in cash or by certified or cashier's check to guarantee installation and good working order within the specified time, or in default thereof, to reimburse the Township for damages incurred, including expense of maintenance of any temporary alarm system the Township deems necessary.

4.     A certificate of consent of a surety company licensed to transact business in the State of New Jersey, to issue a twenty-five thousand ($25,000.00) dollar non-cancellable performance bond to guarantee performance of the contract by the successful bidder during the term of the license.

5.     A certificate by an insurance company licensed to transact business in the State of New Jersey agreeing to issue an annual non-cancellable comprehensive general liability insurance policy (including contractual and products liability) in the minimum amount of five hundred thousand ($500,000.00) dollars per person and one million ($1,000,000.00) dollars per occurrence for bodily injury and two hundred fifty thousand ($250,000.00) dollars for property damage.

6.     Any alarm panel licensee or retransmission fire alarm register licensee may not charge a service connection fee to a subscriber who is already connected to the panel or register when a license contract with the Township is executed. Connection fees may be charged up to the limit of the bid to any one who subscribes after the license contract is executed with the Township.

e.      Award of License. The Township Committee reserves the right to reject any and all bids, to waive informalities and technical defects therein and to award a license and contract to the person whose bid is most advantageous to both the permittees and the Township.

f.       Remittance to Township. The contract shall provide that the licensee shall remit to the Township of Millburn annually, not later than the ninetieth (90th) day after the anniversary date of the execution of the original contract, a sum equivalent to fifteen (15%) percent of the gross revenues payable to the licensee by permittees in the Township (inclusive of the amounts, if any, payable to the licensee for business conducted as a permittee). The contract shall further provide that the books and accounts of the licensee shall be open to inspection by the Township Auditor or other duly designated representatives of the Township for the purpose of verifying the amount due to the Township under this provision.

g.      Term of License. The licensee's obligation to maintain and operate the alarm panel shall continue until the expiration date or earlier termination of the license at which time the licensee shall cooperate in the transfer of the operation to the successor licensee so that there will be no interruption in the protection of the permittees. Except for prior revocation on thirty (30) days' written notice by the Township in event of default by the licensee or in the event the Township cancels the license, the term of the license shall be for a period of three (3) years.

h.      Indemnification of Township. The licensee shall assume all liability and shall agree to indemnify and save harmless the Township of Millburn, its officers, agents and employees for or on account of any acts or omissions directly or indirectly related to the installation, operation or maintenance of the alarm panel.

i.       Disconnections from Panel. The licensee shall notify the Chief of Police or his authorized representatives in writing three (3) days prior to disconnecting any private alarm system from the alarm panel.

j.       Installation of Annunciator Panel. The licensee shall install an annunciator panel having a minimum of nine hundred ninety-nine (999) zones, which panel shall be approved by the Underwriters Laboratories.

k.      Renewals of License. Renewals of the license or award of new licenses after expiration or cancellation shall be accomplished by following the procedure of this section.

         (1967 Code § 8B-2-2; Ord. No. 33-79 § 1; Ord. No. 34-83 § 1; Ord. No. 21-94 § 1)

 

4-1.7 - 4-1.9   Reserved.

 

4-1.10   Permit Required for Private Alarm System.

   No person shall install, maintain, use, or cause or permit to be used any private alarm system within the Township unless a permit therefor has been issued by the Chief of Police or Fire Chief of the Township in accordance with the provisions of this section. No person shall use a private alarm system during any period when the permit therefor has expired or is suspended. (1967 Code § 8B-3-1; Ord. No. 33-79, § 1)

 

4-1.11   Application for Permit for Private Alarm System.

   Any person desiring to use a private alarm system upon improved property owned or occupied by such person shall submit a written application to the Chief of Police for a permit to connect such system to the alarm panel or to the Fire Chief for a permit to connect such system to the alarm register. The application shall be on forms to be furnished by the Chief of Police and Fire Chief which shall require the following information over the signature of the applicant;

a.      The name, address, and telephone number of the applicant.

b.      The location of the property to be served.

c.      The name, address and telephone number of the company which will furnish and maintain the private alarm system.

d.      The name and telephone number of a person to be notified of a faulty private alarm system at any time when no one is present on the property served by the system.

e.      The particular type of private alarm system for which the permit is sought.

f.       An agreement to release the Township, its officers, agents and employees, from any and all liability or damages which may flow or result from any and all actions of the Township, its agents, servants or employees, and, further, to indemnify and save harmless the Township of Millburn, its officers, agents and employees, for or on account of any acts of omissions directly or indirectly related to the installation, operation or maintenance of the alarm panel and alarm register and the connection of the applicant's private alarm system thereto.

g.      Consent to inspection of the premises on which the private alarm system is installed at reasonable hours by the Chief of Police and/or Fire chief, or their designated representatives.

         (1967 Code § 8B-3-2; Ord. No. 33-79 § 1)

 

4-1.12   Fees Required for Private Alarm System.

a.      To the Township. At the time an application is submitted and by January 15th of each year as long as the permit is in force, the permittee shall pay to the Township of Millburn an annual fee for the privilege of connection to the panel or register in the amount of forty ($40.00) dollars.

b.      To the Licensee. The permittee shall pay to the licensee a connection fee and a monthly service charge not in excess of the amounts stated in the licensee's bid.

c.      No Proration Delinquent Fees. Any permit issued between January 1 and October 15 shall require the same fees, no portion of which shall be prorated, but these fees shall be refunded to the applicant in the event a permit is not issued. Any permit issued between October 15 and December 31 shall be valid until December 31 of the following year. If the permittee shall fail, neglect or refuse to comply with the permittee's obligation to pay the annual fee, connection fee or monthly charge to the Township and/or licensee, and shall remain in such default for thirty (30) days, the Chief of Police and/or Fire Chief or their designated representatives are authorized, on five (5) days' notice to such permittee, to disconnect the permittee's alarm system from the panel or register. In such event, the alarm system shall not be reconnected except upon payment of all arrearages as well as the renewal fees, which shall be the same as the initial fees.

         (1967 Code § 8B-3-3; Ord. No. 33-79 § 1; Ord. No. 16-88 § 1; Ord. No. 21-94 § 3)

 

4-1.13   Investigation and Issuance of Permit.

   The Chief of Police and Fire Chief shall issue a permit for a private alarm system unless they find that the system covered by the application does not meet applicable standards. Whenever the Chief of Police and Fire Chief shall refuse to issue a permit, they shall advise the applicant in writing of the reason or reasons for refusal. (1967 Code § 8B-3-4; Ord. No. 33-79 § 1)

 

4-1.14   Expiration of Permit.

   Every permit issued for a private alarm system shall expire on December 21 of the year in which it was issued, with the exception of those issued between October 15 and December 31 which shall be valid until December 31 of the following year. (1967 Code § 8B-3-5; Ord. No. 33-79, § 1)

 

4-1.15   Terms and Conditions of Permit.

   All permits for a private alarm system shall be issued upon the following terms and conditions:

a.      A permit shall be issued for each separate improved property, store, building or other facility, and no permit shall be transferred or assigned in any manner.

b.      If required, an applicant shall furnish complete information and specifications for the system. Such information shall include specific data relating to testing procedures and the prevention of false alarm.

c.      Any private alarm system connected directly to the alarm panel or alarm register shall have a voltage compatible therewith.

d.      Each person or separate business entity shall have a single permit. If the alarm covers an area of more than ten thousand (10,000) square feet unless waived by the Chief of Police or Fire Chief, the applicant shall provide an annunciator mechanism at a place approved by the Chief of Police or Fire Chief indicating the location of the emergency.

e.      Every permit shall be subject to rules and standards which may be promulgated by the Chief of Police with respect to private alarm systems. Such rules shall be in writing and shall be given to each permittee at the time of issuance or renewal of any permit or at the time of promulgation or amendment.

         (1967 Code § 8B-3-6; Ord. No. 33-79 § 1)

 

4-1.16   Suspension of Permit.

   Any permit issued for a private alarm system may be suspended by the Chief of Police of Fire Chief if it shall appear that:

a.      The permittee has failed to comply with the terms and conditions of the permit or has failed to comply with rules and standards promulgated by the Chief of Police with respect to private alarm systems;

b.      The permittee or his agents knowingly installed or maintained a faulty private alarm system; or

c.      The permittee or his agents failed to comply with a request by the Chief of Police or Fire Chief to render necessary services to a faulty private alarm system within eight (8) hours after such request is made or failed to disconnect such system within such period and until such system has been repaired.

           Three (3) false alarms within any calendar year shall constitute prima facie evidence that a private alarm system is faulty and is in violation of this chapter. In the case of false alarm any person having knowledge thereof shall immediately notify the Police or Fire Department. In addition, in the case of false alarms the Chief of Police and/or Fire Chief shall cause an investigation to be made and keep a record of said alarms on file. If in the event of a false alarm the Police Department or Fire Department are advised of the name, address, preassigned code number, and that the alarm is false before Police or Fire vehicles or personnel arrive at the scene, the false alarm may not, in the discretion of the Police or Fire Chief or their designee, be deemed to be a false alarm. If in the event of the testing of a private alarm system or local alarm the Police or Fire Department receive prior notice of at least five (5) minutes before each test, the alarm will not be deemed a false alarm.

           Where the investigation of the Police and/or Fire Department discloses continued abuse of the privilege of connection to the alarm panel or register and a disregard by the permittee to take remedial steps to avoid false alarms, the Chief of Police or the Fire Chief may suspend the permit for a limited or permanent time provided that no such permit shall be revoked or suspended without giving the permittee an opportunity to show cause before the Police or Fire Chief why such action should not be taken. A suspension shall be terminated by the Chief of Police or Fire Chief when he is satisfied that the conditions stated in the notice of suspension have been corrected.

         (1967 Code § 8B-3-7; Ord. 33-79 § 1)

 

4-1.17   Tape Dialer Systems.

a.      Prohibition Against New Tape Dialer Systems No application for initial permits shall be filed or accepted for any tape dialer system. This prohibition against new tape dialer systems shall have no effect upon the renewal of a permit for any such system as to which an initial permit has previously been issued to the same person.

b.      Regulations on Renewal of Tape Dialer Permit. No renewal permit for a tape dialer system shall be issued unless the system complies with the other provisions of this section and is also:

1.     Approved by the Chief of Police or Fire Chief after approval thereof by the Bell Atlantic–New Jersey and the performance of a test alarm conducted by or on behalf of the applicant.

2.     Coded to dial a special number which shall be provided by the Chief of Police or Fire Chief; no tape dialer system shall be coded to dial the number of the general Police switchboard of the Township.

3.     Coded to notify a relative, neighbor, or other third party who shall be named in the registration required by this section.

4.     Capable of being disconnected by the owner to permit a call to the Police switchboard in the event that a false alarm occurs.

5.     Worded in an intelligible format approved by the Chief of Police or Fire Chief and complying with the following requirements:

(a)     No message shall be transmitted more than three (3) times as a result of a single stimulus of the mechanism.

(b)     Messages shall not exceed fifteen (15) seconds and the time gap between delivery shall be approximately ten (10) seconds.

(c)     The messages shall contain in the following order (a) the alarm number provided by the Police Department, (b) the name of the resident or business and (c) the street address of the premises alarmed.

6.     Adjusted so as to suppress false indications and not to be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noises, rattling, or vibration of doors or windows or other forces unrelated to general alarms.

7.     Provided with an automatic line seizure device in the event the line is busy with an incoming or outgoing call.

c.      Fees for Renewal of Tape Dialer Permit. The permittee of each tape dialer system shall pay to the Township an annual fee of twelve ($12.00) dollars to cover the cost of registration and testing, and to amortize the cost of the special telephone line or lines required in the law enforcement building and Fire Department along with ancillary tape devices necessitated by these systems. If any permittee shall fail, neglect or refuse to pay the annual fee and shall remain in such default for thirty (30) days, the Chief of Police or Fire Chief or designated representative is authorized, on five (5) days' notice to such permittee, to disconnect the permittee's alarm system.

d.      Terms and Conditions of Renewal of Tape Dialer Permit.

1.     If any person has a tape dialer system in existence at the time of the passage of this section, he shall have thirty (30) days in which to re-program the equipment to comply with the terms of this section and in which to pay the annual fee. Any person failing to comply therewith shall be in violation of this section.

2.     If any type dialer system shall hereafter be found to be dialing the general Police or Fire Headquarters number rather than the special telephone number reserved for tape dialers, the occupant of the building or other person in whose name the telephone is listed shall be sent a notice in writing by the Chief of Police or Fire Chief requiring compliance with the terms of this section. If the occupant or telephone subscriber shall fail within thirty (30) days after receipt of the notice to comply, he shall be in violation of this section.

3.     Effective January 1, 1990, the tape dialer system of alarm will not be a permitted alarm system with the Township of Millburn.

        (1967 Code § 8B-3-8; Ord. No. 33-79 § 1; Ord. No. 16-88 § 2)

 

4-1.18   Fee for Alarm Master Box.

   The line maintenance fee for an alarm master box shall be forty-eight ($48.00) dollars per year, except that there shall be no fee for alarm master boxes in governmental facilities. (Ord. No. 21-94 § 4)

 

4-1.19 - 4-1.21   Reserved.

 

4-1.22   Registration of Local Alarms.

   Every person who installs, maintains or uses a local alarm within the Township shall notify the Chief of Police of such device by completing and filing with the Chief of Police a form to be furnished by the Chief of Police providing for the following information:

a.      The name, address and telephone number of the owner or occupant of the property served by the warning device.

b.      The location of the property served and the location of the device on the property.

c.      The name, address and telephone number of any company installing of maintaining the warning device.

d.      The type of device.

e.      The name and telephone number of a person to be notified of a faulty local alarm at any time when no one is present on the property served by the local alarm.

   Owner of local alarms upon registration shall be deemed as having consented to inspection of the premises in which the alarm devices are installed at reasonable hours by the Chief of Police and/or Fire Chief, or their designated representatives. Owner of local alarms shall be governed by the false alarm procedure set forth in subsection 4-1.16.  All local alarms shall be equipped with a time relay or battery to limit the sounding of alarms to thirty (30) minutes or less. (1967 Code § 8B-4-1; Ord. No. 33-79 § 1)

 

4-1.23   Proper Maintenance of Private Alarm Systems or Local Alarms.

   Every person who installs, maintains or uses a private alarm system or warning device to serve an improved property within the Township shall maintain it in good repair and proper working condition, shall meet the standards which may be promulgated by the Chief of Police or Fire Chief to prevent faulty systems or devices, and shall promptly correct or disconnect any faulty system or device upon notice from the Chief of Police or Fire Chief that the system or device is sounding an inordinate number of false alarms.  (1967 Code § 8B-5-1; Ord. No. 33-79 § 1)

 

4-1.24   Sounding Device Cut Off After Fifteen Minutes; Minimum Fine.

   Every sounding warning device shall be equipped with a cut-off mechanism which will terminate the sound after fifteen (15) minutes. If the sound does not terminate after fifteen (15) minutes, the Police shall have the right to use minimal necessary force to disconnect the sounding device. The minimum fine for violation of this section shall be twenty-five ($25.00) dollars. (1967 Code § 8B-5-2; Ord. No. 33-79 § 1; Ord. No. 16-88 § 3; Ord. No. 21-94 § 5)

 

4-1.25   Appeals.

   Any person aggrieved by the action of the Chief of Police or Fire Chief in the issuance, denial or suspension of a permit for a private alarm system or with respect to the installation, operation or maintenance of any alarm equipment shall have the right of appeal to the Township Business Administrator. The appeal shall be taken by filing with the Administrator, within fourteen (14) days after the notice of the action complained or has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The Administrator shall set a time and place for the hearing of the appeal, and notice of the hearing shall be given to the appellant by certified mail to his/her last known address at least five (5) days prior to the date set for the hearing. The decision of the Chief of Police or Fire Chief shall be affirmed, modified or reversed, and the reasons therefor shall be set forth in a letter to the applicant. (1967 Code § 8B-5-3; Ord. No. 33-79 § 1)

 

4-1.26   Disclaimer of Responsibility.

   The Township and the Township Police and Fire Departments shall not assume any responsibility whatsoever to any licensee, permittee or other person with respect to the adequacy, operation or maintenance of the alarm panel, alarm register or any private alarm system or warning device. No action taken by either the Township or the Township's Police or Fire Departments pursuant to the provisions of this section shall create any liability upon either the Township or the Township's Police or Fire Departments by reason of any failure of any private alarm system or warning device, any failure to respond to any private alarm system or warning device. Every permittee who accepts a permit for a private alarm system or registers a warning device agrees to hold and save harmless the Township and its Police and Fire Departments, their agents and employees from any liability whatsoever in connection with the alarm system or warning device. The alarm panel and register and allied equipment shall be maintained at the will of the Township Committee and are subject to termination at any time by cancellation of the system by resolution duly adopted by the Township Committee. Any individual permit issued hereunder may be revoked at will by the Township Committee upon recommendation of the Business Administrator provided that thirty (30) days' notice is given in writing to the permittee. (1967 Code § 8B-5-4; Ord. No. 33-79 § 1)

 

4-1.27   Penalties.

   Any person who violates any provision of this section shall, upon conviction, be subject to a penalty as stated in Chapter I, Section 1-5.

   The following shall be the minimum fine for either a residential property or a business property within a period of one (1) calendar year:

  

 

Upon sixth false alarm

$ 50.00

 

Upon seventh false alarm

   75.00

 

Upon eighth and each false alarm thereafter

100.00

 

   The alarm panel and register and allied equipment shall be maintained at the will of the Township Committee and are subject to termination at any time by cancellation of the system by resolution duly adopted by the Township Committee. Any individual permit issued hereunder may be revoked at will by the Township Committee upon recommendation of the Business Administrator, provided that thirty (30) days' notice is given in writing to the permittee. (1967 Code § 8B-5-5; Ord. No. 33-79 § 1; Ord. No. 16-88 § 4; Ord. No. 23-89 § 1)

 

 

4-2   RESERVED.

 

 

4-3   AMUSEMENTS.*

 

 

PART I.  PUBLIC EXHIBITIONS

 

 

4-3.1   Definitions.

   As used in this section: 

Public exhibitions shall mean and include travelling or other shows, circuses, public plays, public dances, concerts, theatrical performances, motion picture shows, street parades and the theatres, showhouses, opera houses, concert halls, dance halls, grounds or other structures or equipment wherein or whereon the same may be produced, shown or participated in. 

(1967 Code § 4-1-1)

 

4-3.2   License Required; Exceptions.

   Except as provided in this section, no public exhibition as defined in subsection 4-3.1 shall be produced, presented or participated in within the Township unless a license shall have been duly issued and shall be in effect authorizing the same. No license shall be required for any public exhibition given under the direction of the Board of Education of the Township or the Board of Recreation Commissioners thereof; nor shall any license be required for any public exhibition, other than a circus or a carnival, given by and for the sole benefit of a religious or charitable organization or school organized and conducted not for pecuniary profit. (1967 Code § 4-1-2)

 

4-3.3   Issuance.

   The licenses required by this section shall be issued by the Township Clerk. Such licenses shall be issued only for such public exhibitions as shall not appear to be likely to affect injuriously public health, safety or welfare.  (1967 Code § 4-1-3)

 

4-3.4   Classes.

   Licenses under this section shall be of two (2) classes, as follows:  Class A and Class B.

   Class A licenses shall authorize the licensee to conduct or participate in the conduct of the character of public exhibition for which the same shall issue as part of the regular business of the licensee substantially continuously, at or in an established place or premises, shall expire on December 31 next ensuing the issuance thereof, and may be renewed from year to year upon payment of a fee similar in amount to that required for the original issuance thereof and for similar purposes.

   Class B licenses shall entitle the licensee to conduct or produce only the number of public exhibitions for which the same shall have been applied and issued. Not more than three (3) exhibitions in any one (1) month nor more than twelve (12) in any calendar year shall be given or produced under a class B license.  (1967 Code § 4-1-4)

 

4-3.5   Fees.

   The fees for licenses issued under the provisions of this section shall be as follows:

a.      For all theatres, two hundred fifty dollars ($250.00) for a class A license, and ten dollars ($10.00) for a class B license.

b.      For circuses and carnivals, one thousand dollars ($1,000.00) per day, irrespective of whether the license applied for is a class A or class B license.

c.      For all others, one hundred dollars ($100.00) for a class A license or a class B license.

         (1967 Code § 4-1-5; New)

 

4-3.6   Suspension or Revocation.

   Any license issued pursuant to this section, after issuance may be suspended or revoked by the issuing authority, upon affording the licensee an opportunity to be heard by the Township Committee when it has been made to appear that the public exhibition or the place or premises in or on which the same is or will be conducted thereunder is or will be injurious to public health, safety, or welfare.  (1967 Code § 4-1-6)

 

4-3.7   Inspection of Equipment and Premises.

   The holder of any license issued under the authority of this section shall permit the inspection within reasonable hours by any department or official of the Township or of the Board of Health thereof or of the Board of Adjustment thereof, of the building, buildings, lands, premises and equipment used or intended to be used by the licensee in connection with any such public exhibition, as well as the exhibition in the course of the actual production thereof. (1967 Code § 4-1-7)

 

4-3.8   Part I Not to Affect Part II of This Chapter.

   Nothing contained in this Part I shall be deemed to affect nor shall the subject matter hereof be controlled by the provisions of Part II of this section. (1967 Code § 4-1-8)

 

4-3.9 - 4-3.19   Reserved.

 

 

PART II.  PREMISES UPON WHICH AMUSEMENT AND RECREATIONAL DEVICES ARE OPERATED

 

 

4-3.20   License to Use-for-Profit Required; Exceptions.

No person shall use, operate or maintain, for pecuniary profit, either to the owner or tenant thereof, any lands, building, structure or premises in the Township, to which members of the public at large are expressly or implicitly invited, upon, in or appurtenant to which is maintained, operated or kept for use by persons invited thereto, any amusement or recreational device, instrumentality or equipment in the operation or use of which any such invitee is expected, permittee or required to participate, unless a license, as hereinafter provided, shall have been duly issued and remain in force and effect therefor; provided, however, that no license or payment of fee therefor shall be required for amusement or recreational devices, instrumentalities or equipment owned, maintained or used by the Millburn Board of Recreational Commissioners or by any college, school, academy, seminary, church or other educational, charitable or religious organization, association or corporation, in, upon, appurtenant to or in connection with lands, buildings, or other premises while actually being used for and devoted to educational, charitable, or religious purposes, where any charge or charges made for, or the pecuniary avails from the use of such devices, instrumentalities or equipment shall be wholly applied to educational, charitable or religious purposes. (1967 § 4-2-1)

 

4-3.21   Application for License for Premises Containing Amusement Devices.

   Applications for licenses as provided in subsection 4-3.20 shall be filed with the Township Clerk upon forms to be provided by the Township and every such application shall set forth:

a.      Date of application.

b.      Name and address of applicant (if a corporation, the State of its incorporation, location of principal office in New Jersey and name and address of the person in New Jersey upon whom service of process or notice against or to such corporation shall be deemed sufficient), and the trade name and address of the location at which the device, instrumentality or equipment shall be operated.

c.      Name of each amusement or recreational device, instrumentality or equipment, together with brief description thereof and of the manner of operation of the same, kept, maintained or used or intended to be kept, maintained or used in the premises for which the license applied for is             desired; also the name and address of the manufacturer, distributor, owner, lessor and lessee of each of the devices, instrumentalities and equipment.

d.      Location, character and nature of any business other than that of providing, maintaining and operating amusement and recreational devices, instrumentalities and equipment being or intended to be conducted upon the same premises or any part thereof.

e.      Nature and extent of applicant's interest or estate in the building or premises for which the license is applied for and in each of the devices, instrumentalities and equipment to be provided, maintained and operated therein.

f.       Jurisdiction, court and date of every conviction of applicant of crime and nature of crime of which convicted.

g.      Schedule of rates of charge which applicant intends to make for the use of the devices, instrumentalities and equipment aforesaid and which the rates shall not be exceeded.

h.      Location of each amusement or recreational device, instrumentality or equipment within the designated premises.

i.       Number and type of alcoholic beverage licenses, where applicable.

j.       Name and address of the entity from whom each device is to be purchased, rented or otherwise obtained.

k.      Terms of any and all agreements governing the acquisition, installation and rental of all such devices.

l.       Information indicating whether the distributor of the device, any applicant, and any lessee, owner or operator of the premises in which the device is to be located has ever been convicted of any crime or found guilty of the violation of any statute, rule, regulation or ordinance pertaining to gambling or gaming.

m.     Information concerning whether or not the applicant has been previously licensed by any public or governmental authority to maintain recreational or amusement devices or has previously applied for such a license, and whether or not such a license has been denied, revoked, or suspended, and the reason therefor.

n.      The above-named applicant (by its president, if a corporation) vouches for the truth and recognizes the materiality of all of the statements and representations made in this application and undertakes that the amusement and recreational devices, instrumentalities and equipment hereinbefore described and only those shall be kept, used and operated upon the premises for which license is hereby applied for, and that each of such devices, instrumentalities and equipment is constructed and designed and shall be kept and used in accordance with the laws of the State and the provisions of this Code or other ordinances of the Township.

         Such application shall be signed and sworn to by each individual applicant and, if applicant is a corporation, by an executive officer thereof thereunto duly authorized, before an officer authorized by the laws of the State to administer an oath.

         (1967 Code § 4-2-2; Ord. No. 3-82 § 1)

 

4-3.22   Issuance or Denial Generally; Fee; Expiration Date.

   For every parcel of land, building, structure, premises or portion thereof used or intended to be used, maintained or operated as a place or means of maintaining, housing, or otherwise providing any amusement or recreational device, equipment or facilities as hereinbefore described, a license shall be required which shall be issued by the Township Clerk. For every such license there shall be a fee or fees paid to the Township as follows:

 

 

Equipment, Device or Facility

License Fee

 

1–5

$250.00 each

 

6–10

$150.00 each

 

11 or more

$100.00 each

 

(1967 Code § 4-2-3; Ord. No. 24-82 § 1; Ord. No. 19-83 § 1)

 

4-3.23   Investigation of Applicant and Location of Devices; Issuance Denied for Commission of Crimes, etc.

   The Township Clerk shall transmit one (1) copy of the application provided for in subsection 4-3.21 to each of the following Township Officials who shall cause an investigation to be made of the applicant and a report thereon to be made to the Township Clerk:

a.      The Chief of Police, who shall determine whether or not the applicant has ever been convicted of a crime or a violation of any provision of this section.

b.      The Fire Subcode Official, who shall review the proposed location and arrangement of the devices within the designated premises for purposes of insuring fire safety.

c.      The Construction Official, who shall determine whether or not the premises are in compliance with the construction regulations in effect in the Township.

d.      The Zoning Official, who shall determine whether or not the premises are in compliance with the Zoning Ordinance of the Township.

         No license shall be issued to any applicant who shall have been convicted of a crime or of the violation of any provision of this section or where the premises are not safe from fire or do not comply with the Construction Regulations or Zoning Ordinance of the Township.

         (1967 Code § 4-2-4; Ord. No. 3-82 § 2; Ord. No. 24-82 § 2)

 

4-3.24   Display of License.

   Every license issued pursuant to this section shall, while in effect, be kept conspicuously displayed in or on the portion of the licensed premises for which it was issued in proximity to the amusement and recreational devices, instrumentalities and equipment therein or thereon maintained, operated or used.  (1967 Code § 4-2-5)

 

4-3.25   Revocation of License.

   The alteration, maintenance or use of any amusement or recreational device, instrumentality or equipment in or on any premises licensed pursuant to this section, in violation of the provisions of this section or of any law of the State or of the United States shall ipso facto work a revocation of such license. Any license issued pursuant to this section may be revoked by the Township Committee, upon affording to the licensee an opportunity to be heard, whenever, in the exercise of its sound discretion, the public welfare may so require. Such revocation may occur for the following reasons, among others:

a.      Gambling on the premises;

b.      False or incorrect material on the application or information furnished by the applicant;

c.      Failure to maintain good and safe conduct on the premises;

d.      Violation of the laws of the State of New Jersey, or this or other ordinances of the Township;

e.      The presence of the machines resulting in gambling, obscene and loud language disturbing to the public or to other patrons of the premises, creating of a nuisance, excessive noise, litter or breach of the peace by the patrons.

         (1967 Code § 4-2-6; New)

 

4-3.26   Offering Prizes or Premiums Prohibited.

   No prize, premium or reward shall be offered, promised or given by or for the account of the applicant for any license pursuant to this section for success in playing or operating any amusement or recreational device, instrumentality or equipment in the premises or portion thereof for which such license shall have been issued. (1967 Code § 4-2-8)

 

4-3.27   Use of Gambling Devices Not Authorized.

   Nothing contained in this section shall be deemed to apply to, legalize or authorize the possession, sale, purchase, use or operation of any "slot machine" or similar or gaming or gambling device not or hereafter prohibited by the State or the United States law; nor shall any amusement device be used for or devoted to gambling. (1967 Code § 4-2-10)

 

4-3.28   Hours of Operation of Devices, etc.

   Licenses issued under the provisions of this section shall not be deemed to permit the operation in or on the premises licensed of any amusement and recreational devices, instrumentalities and equipment between the hours of 11:00 p.m. and 9:00 a.m., unless an Alcoholic Beverage Control license has also been issued for the premises in which case the hours of operation for the A.B.C. license shall be the hours of operation for the amusement or recreational device. (1967 Code § 4-2-11; Ord. No. 3-82 § 4)

 

4-3.29   Inspections of Premises.

   The members of the Police Department shall be entitled and it shall be their duty to inspect all premises licensed pursuant to this section. (1967 Code § 4-2-12)

 

4-3.30   Alteration of Devices in Violation of Laws.

   No license issued pursuant to this section shall permit the keeping, maintenance, use or operation of any amusement device which shall have been made, altered, kept or used, or is designed or intended in violation of or contrary to any provision of this section or of the laws of the State or of the United States. (1967 Code § 4-2-13)

 

4-3.31   Seizure and Disposal of Devices.

   Any amusement or recreational device, instrumentality or equipment which is being maintained or used in violation of the provisions of this section or of the laws of the State or of the United States, whether located in premises licensed hereunder or otherwise, shall forthwith be seized and removed by any member of the Police Department who may discover the same.

   Any amusement or recreational device, instrumentality or equipment being maintained or used in violation of this section, or any State or Federal law and which shall have been seized as hereinbefore provided shall be disposed of as the Township Committee, after opportunity to be heard shall have been given to the owner or bailee therefor, may determine. (1967 Code § 4-2-14)

 

4-3.32   Part II Not to Affect Part I of This Section.

   Nothing contained in Part II shall be deemed to affect the provisions of Part I of this section.  (1967 Code § 4-2-15)

 

4-3.33   Premises Containing More than Four Devices.

   A license for more than four (4) devices for any one (1) location shall not be issued unless:

a.      The applicant provides supervisory adult (over eighteen (18) years of age) employees in the numbers indicated below in paragraph 1, which employees shall have no substantial duties other than supervision of the licensed premises and patrons therein. These employees shall be on the premises at all times during the hours of operation.

1.     The number of supervisory employees to be provided shall be as follows:

(a)     One (1) such employee for up to twenty-one (21) devices.

(b)     Two (2) such employees for twenty-one (21) or more devices.

         (1967 Code § 4-2-16; Ord. No. 24-82 § 4; Ord. No. 19-83 § 3)

 

 

4-4 - 4-7   RESERVED.

 

 

4-8   CANVASSERS, SOLICITORS, TRANSIENT MERCHANTS AND PEDDLERS.

 

 

PART I.  CANVASSERS AND SOLICITORS

 

 

4-8.1   Definition.

   As used in this section:

Canvassers and solicitors shall mean any individual, organization, group, association, partnership, corporation or any combination of them who, in personor by representation by one (1) or a group of volunteer or professional workers, without invitation calls or applies at homes, dwellings, residences or business establishments in the Township with the intent or for the purpose, actual or implied, of soliciting from an occupant or the owner of any such home, dwelling, residence or business establishment, the payment, contribution or donation of, or undertaking to pay money, the purchase, sale acceptance or donation of any goods or orders for the same, or subscriptions to, or endorsement of any publication, undertaking, project or cause, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether or not he is collecting advance payment on such sales or services; provided, that the term "canvasser" or "solicitor" shall not be deemed to include any duly accredited representative of any municipal or governmental authority or agency thereof, nor any person who, by or under any ordinance of the Township or law of the State, or of the United States, is licensed or otherwise authorized to engage in any of the activities hereinbefore enumerated, nor any person engaged in delivering to any home, dwelling or residence in the Township, goods, wares or merchandise previously ordered or requested by an occupant or the owner of the premises or in exchange for any such goods, wares or merchandise, nor any person engaged in making, receiving or lawfully endeavoring to obtain payment for goods, wares, merchandise or other property or services sold or rendered to or by any such occupant or owner.

(1967 Code § 8-1-1; Ord. No. 6-18-73 § 1)

 

4-8.2   Permit Required; Term of Permits.

   No person shall engage in the business or occupation of canvasser or solicitor without first having obtained a permit therefor or filed a special registration as provided in this section. No permit shall be issued, nor registration be valid, for a period of more than sixty (60) days.  (1967 Code § 8-1-2; Ord. No. 6-18-73 § 2; New)

 

4-8.3   Commercial Permit Application and Fee.

   Every applicant for a commercial permit under this section shall file with the Township Clerk a sworn application in writing, on a form to be furnished by the Township. The form shall contain the following information:

a.      Name, age and physical description of the applicant if an individual; if applicant is an organization, name of the organization as well as the name,    age and physical description of all persons canvassing on behalf of the organization;

b.      Local address of the applicant to which all notices and communications are to be addressed;

c.      Permanent home address of the applicant;

d.      Brief description of the nature of the business, and the goods to be sold or the services to be furnished or performed;

e.      If employed, the name and address of the employer, together with credentials establishing the exact relationship, letter or other written statement signed by the employer, certifying that the applicant is authorized to act as such employer's representative;

f.       Length of time for which the right to do business is desired, but not to exceed a period of sixty (60) days;

g.      Extent and portion of Township to be canvassed; days, dates and hours on and between which canvassing or soliciting will be conducted;

h.      Statement as to whether or not the applicant or any person canvassing on behalf of the applicant has been convicted of any crime or disorderly persons offense or violation of any ordinance; and if so, the nature of the crime, offense or violation, the punishment or penalty assessed therefor, and the date and place of such conviction;

i.       License number and complete description of any vehicle which is to be used in connection with such canvassing or soliciting;

j.       Two (2) passport size photographs of the applicant and all persons canvassing on behalf of the applicant, taken within sixty (60) days immediately prior to the filing of the application;

k.      The applicant and all persons canvassing on behalf of the applicant shall submit himself for fingerprinting at Police headquarters before a permit is issued;

l.       Payment of an application fee of twenty-five dollars ($25.00) per application for the use of the Township to defray the cost of investigating, processing and issuing the permit;

m.     Two (2) business references located in the County of Essex, State of New Jersey, or in lieu thereof such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility;

n.      The applicant shall insert one (1) advertisement two inches by two inches (2" x 2") in size in a newspaper circulated in the Township, informing the public of the name, purpose, location and dates of any canvassing or soliciting for which a permit may be issued under this section at least two (2) weeks prior to the commencement of such canvassing or soliciting. The costs of such advertisement shall be paid by the applicant, which shall file an affidavit of publication with the Township Clerk.

         (1967 Code § 8-1-3, § 8-1-6; Ord. No. 6-18-73 §§ 3, 6; Ord. No. 3-84 §§ 1, 4; New)

 

4-8.4   Investigation of Applicants.

   The Chief of Police shall cause such investigation to be made of the applicant's character or business responsibility as he/she deems necessary for the public good. Such investigation shall include the fingerprinting of the applicant as referred to in subsection 4-8.3, paragraph k. The fingerprinting requirement of subsection 4-8.3, paragraph k. shall not apply where the Chief of Police determines that the applicant's character or business responsibility is satisfactory. Such determination shall be based on one (1) or more of the following findings:

a.      The applicant has received a permit to canvass or solicit from the Township within three (3) years preceding the date of the application, and no complaints have been filed against the applicant relating to such permit;

b.      The applicant has received a permit to canvass or solicit from any municipality in the State within one (1) year preceding the date of the application, and no complaints have been filed against the applicant relating to such permit;

c.      The applicant is an individual who is a resident of the Township or an organization with at least two (2) members who are residents of the Township;

d.      The applicant has maintained an office in the Township for at least two (2) years' prior to the date of the application;

e.      The applicant is an organization with a membership of one hundred (100) persons or more which has been in existence for at least two (2) years prior to the date of the application.

         Notwithstanding anything in this section to the contrary, the fingerprinting requirement of subsection 4-8.3, paragraph k. shall not be waived if the Chief of Police has evidence adverse to the character or business responsibility of the applicant, which evidence shall be available to the applicant upon request. The determination as to the applicant's character or business responsibility under this section shall not be binding upon the Township Committee in making a final disposition of the application pursuant to subsection 4-8.5.

         (1967 Code § 8-1-4; Ord. No. 6-18-73 § 4; Ord. No. 3-84 § 2)

 

4-8.5   Disposition of Applications for Permits Generally.

   The Chief of Police shall report his/her recommendations and results of investigations, if any, relative to the permit applied for, to the Township Clerk.

a.      If the Township Clerk shall find the applicant's character or business responsibility is unsatisfactory, which determination shall be based on one (1) of the following findings or other evidence:

1.     Conviction of crime involving moral turpitude;

2.     Prior violation of a canvassing or soliciting ordinance;

3.     Previous fraudulent acts or conduct;

4.     Record of breaches of solicited contracts;

         The Township Clerk shall deny the application in writing, and shall send a copy, plainly marked "Not approved," to the Police Department.

b.      If the Township Clerk shall find the applicant's character or business responsibility satisfactory, the Clerk shall issue the permit.

         (1967 Code § 8-1-5; Ord. No. 6-18-73 § 5; New)

 

4-8.6   Hours for Commercial Canvassing or Soliciting; Display and Contents of Permit; Surrender of Permit.

a.      No commercial canvassing or soliciting shall be done except between the hours of 9:00 a.m. and 5:00 p.m. on each weekday.

b.      The permittee shall carry and exhibit his/her permit at all times while canvassing or soliciting.

c.      The permit shall be signed and sealed by the Township Clerk and shall show:

1.     Name and address, with photograph attached, of the permittee;

2.     Date of issuance of the permit and date the permit shall expire;

3.     Kind of goods to be sold or services to be furnished or performed;

4.     Amount of fee paid;

5.     License number and other identifying description of any vehicle to be used in such canvassing or soliciting.

d.      On expiration of the permit the holder thereof shall surrender the same to the officer in charge of the law enforcement building.

         (1967 Code § 8-1-6; Ord. No. 3-84 § 4)

 

4-8.7   Unauthorized Canvassing or Soliciting.

   No person shall canvass or solicit:

a.      Under any permit issued to him/her as a canvasser or solicitor for any other person, organization, society, association or corporation for whom or for which he/she is not, at the time of such canvassing or soliciting, a duly authorized canvasser or solicitor; or

b.      Under any permit issued to him/her as the result of any material misrepresentation; or

c.      Under a permit not issued to him/her.

         (1967 Code § 8-1-7; Ord. No. 6-18-73 § 7)

 

4-8.8   Revocation or Suspension of Permit.

   Permits issued under this section may be revoked by the Township Committee, after notice and hearing, for any of the following causes:

a.      Fraud, misrepresentation or false statement contained in the application for the permit.

b.      Fraud, misrepresentation or false statement made in the course of carrying on business as a canvasser or solicitor.

c.      Any violation of this section.

d.      Conviction of the permittee of any crime or disorderly persons offense or violation of an ordinance which renders him/her an unfit person to hold a permit based upon business responsibility and moral character.

e.      Conducting the business of canvassing or soliciting in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

         Pending such hearing, the Township Committee shall have the power to suspend the permit for a period of not more than seven (7) days.

         (1967 Code § 8-1-8; Ord. No. 6-18-73 § 8)

 

4-8.9   Notice of Hearing.

a.      Notice of the hearing for revocation of the permit shall be given to the permittee in writing, setting forth specifically the grounds of the complaint and the time and place fixed for the hearing.

b.      Such notice shall be mailed by registered or certified mail, postage prepaid, to the permittee at the address set forth in his/her application pursuant to paragraph b. of subsection 4-8.3, at least three (3) days' prior to the date fixed for the hearing.

         (1967 Code § 8-1-9; Ord. No. 6-18-73 § 9)

 

4-8.10   Nonprofit Registration.

   The requirements of this section shall not apply to any canvassing or solicitation conducted by any bona fide nonprofit, religious, charitable, civic, political, veteran or fraternal organization or association, service club, volunteer fire or first aid company provided that the following information is registered with the Police Department.

a.      Name, address and telephone number of the organization.

b.      Purpose of solicitation/canvassing activity.

c.      Names and addresses of the officers of the organization.

d.      Period during which canvassing or soliciting is to be carried on.  The hours of canvassing or soliciting shall be restricted to 9:00 a.m. to 9:00 p.m.

e.      A list showing the name and address of each person who will canvass or solicit and the Township area within which such individual canvasssers or solicitors shall operate. 

         (1967 Code § 8-1-3.2; 7-16.63, § 1; Ord. 3-84, § 3)

 

 

 

PART II.  TRANSIENT MERCHANTS OR ITINERANT VENDORS*

 

 

4-8.11   Definition.

   As used in this section:

Transient merchants or itinerant vendors shall mean and include persons, corporations or partnerships, principal or agent, who engage in a merchandising business in the Township with intent to close out or discontinue such business within a period of one (1) year from the date of commencement, and including those who for the purpose of carrying on such business, hire or lease or occupy any land, building or structure for the exhibition and sale of such goods, wares and merchandise; provided, however, that nothing in this section shall be construed to affect the sale of fruits, vegetables and farm products, such as meat, poultry, butter and eggs, if the vendor is duly licensed according to law.

(1967 Code § 8-2-1)

 

4-8.12   Declaration Required.

   All transient merchants or itinerant vendors, before offering for sale any goods, wares, merchandise or inventory, shall under oath, make a declaration to the Township Clerk, of the number of days they propose to engage in such business, together with a specific statement as to the location of such goods, wares, merchandise or inventory by street and number or other appropriate description and whether on the premises from which it is to be sold or in warehouses or storage. (1967 Code § 8-2-2)

 

4-8.13   License Required; Fee.

   All transient merchants or itinerant vendors, as defined in this section, before offering for sale any goods, wares, merchandise or inventory, shall pay to the Township Clerk, for the use of the Township, a sum of one thousand dollars ($1,000.00) and upon payment of such sum the merchant or vendor shall be entitled to apply for and receive a license which shall continue in favor of the person to whom it is issued for the period of one hundred eighty (180) days from the day of issuance. (1967 Code § 8-2-3)

 

4-8.14   Application.

   All applications for the license referred to in subsection 4-8.13 shall be sworn to and shall disclose the name or names and residences of the owners or persons in whose interest such business is conducted; and shall further state the average quantity and kind, as nearly as can be, and the value of the stock of goods, wares, merchandise or inventory intended to be sold or exposed for sale in the Township. Such applications shall also give the names and post office addresses of the persons from whom goods making up the stock were or are to be purchased and the Township Clerk in arriving at the valuation may require the submission of bills or invoices of such goods, wares, merchandise or inventory.  (1967 Code § 8-2-4)

 

4-8.15   Same - Separate License for Each Place of Business; Business Restricted to Place Indicated in License.

   A separate license must be obtained for each branch, establishment or separate place of business in which the trade, following, profession or occupation of a transient merchant or itinerant vendor is carried on, and each license shall authorize the person obtaining it to carry on, pursue or conduct the business of a transient merchant or itinerant vendor only at the location or place of business which it is indicated thereby.  (1967 Code § 8-2-5)

 

4-8.16   Bond.

   No license required by subsection 4-8.13 shall be issued until the applicant shall execute and deliver to the Township Clerk a good and sufficient bond with good and sufficient surety, to be approved by the Township Attorney, equal in the amount to twenty-five (25%) percent of the value of the stock of goods, wares, merchandise or inventory as shown in the declarations and disclosures required under the provisions of this section but in no event shall the bond be less than one thousand ($1,000.00) dollars. The bond shall remain in force for one (1) year, and be conditioned to indemnify and pay the Township any penalties or costs incurred in the enforcement of any of the provisions of this section, and which shall also by its terms be so conditioned as to indemnify or reimburse any purchaser of goods, wares, merchandise or inventory in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentations as to the kind, quality or value of such goods, wares, merchandise or inventory whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever printed or circulated with reference to the stock of goods, wares, merchandise or inventory or any part thereof. (1967 Code § 8-2-6)

 

4-8.17   Appointment of Township Clerk as Agent for Service of Process.

   No license required by subsection 4-8.13 shall be issued until the applicant shall file with the Township Clerk an instrument in writing nominating and appointing the Township Clerk his/her true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of subsection 4-8.16 or for the performance of the conditions of the bond or for any breach thereof, which instrument in writing so nominating and appointing the Township Clerk as such agent shall contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon the agent and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this section according to the laws of this or any other State, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service or by reason of failure to receive notice of such service. (1967 Code § 8-2-7)

 

4-8.18   Submission of Sales Tax Certificate Required.

   No license referred to in subsection 4-8.13 shall be issued without the submission to the Township Clerk of a copy of a valid certificate of authority issued to the transient merchant or itinerant vendor pursuant to N.J.S.A. 54:32B-15, empowering the merchant or vendor to collect sales tax. (New)

 

4-8.19   Exempt Organization.

   Nothing in this section shall apply to or require the obtaining of a license by any charitable or religious society that shall conduct sales of goods, wares, merchandise or inventory when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which such charitable or religious society exists. (1967 Code § 8-2-8)

 

4-8.20   False Statements; False Representation of Merchandise.

   No transient merchant or itinerant vendor of goods, wares, merchandise or inventory, as defined in this section, shall make a false or fraudulent representation in any statement required to be filed under this section or falsely represent, by advertising or otherwise, that such goods, wares, merchandise or inventory are in whole or in part damaged goods saved from fire, or make any false statement as to the previous history or character of such goods, wares, merchandise or inventory. (1967 Code § 8-2-9)

 

4-8.21 - 4-8.34   Reserved.

 

 

PART III.  HAWKERS AND PEDDLERS.*

 

4-8.35   License Required for Hawkers and Peddlers.**

   No person shall sell or offer for sale within the Township any goods, wares, or merchandise from a pack, or cart or on foot without a license as provided in this section. (1967 Code § 8-3-1)

 

4-8.36   Issuing/Denial of License.

a.      Township Clerk to Issue.  All licenses for hawking and peddling required by subsection 4-8.35 shall be issued by the Township Clerk.

b.      Denial of License.  If the Township Clerk shall find the applicant's character or business responsibility is unsatisfactory, which determination shall be based on one of the following findings or other evidence:

1.     Conviction of crime involving moral turpitude;

2.     Prior violation of a hawkers or peddlers ordinance;

3.     Previous fraudulent acts or conduct;

4.     Record of breaches of solicited contracts.

         The Township Clerk shall deny the application in writing, and shall send a copy, plainly marked "Not approved", to the Police Department.

c.      Issuance of License.  If the Township Clerk shall find the applicant's character or business responsibility satisfactory, the Clerk shall issue the license.

(1967 § 8-1-5; Ord. No. 6-18-73 § 5; New)

 

4-8.37   Revocation or Suspension of License.

   Licenses issued under this section may be revoked by the Township Committee, after notice and hearing, for any of the following causes:

a.      Fraud, misrepresentation or false statement contained in the application for the license.

b.      Fraud, misrepresentation or false statement made in the course of carrying on business as a hawker or peddler.

c.      Any violation of this section.

d.      Conviction of the permittee of any crime or disorderly persons offense or violation of an ordinance which renders him or her an unfit person to hold a permit based upon business responsibility and moral character.

e.      Conducting the business of hawking or peddling in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

   Pending such hearing, the Township Committee shall have the power to suspend the license for a period of not more than seven (7) days. 

(1967 Code § 8-1-8; Ord. No. 6-18-73 § 8)

 

4-8.38   Expiration Date; Numbering; Renewal.

   All licenses granted under the provisions of this section shall expire on December 31 following issuance, and shall be numbered consecutively. All licenses, not revoked or suspended, may be renewed annually, subject to the same conditions and charges as the original license.  (1967 Code § 8-3-4)

 

4-8.39    License Fee.

   Every person licensed under the provisions of this section shall pay an annual license fee of one hundred twenty-five dollars ($125.00).  (1967 Code § 8-3-5; Ord. No. 12-21-70 § 1; New)

 

 

4-9   CIRCUSES.*

 

 

4-10     LICENSING OF MOBILE ICE CREAM VENDORS.

 

4-10.1    Purpose.

   The Township desires to regulate the operation of mobile ice cream vendors, commonly known as ice cream trucks, within the Township in order to protect the rights of property owners and residents of the Township and otherwise promote and protect public health, safety and welfare.

   In order to effectively implement such regulation of mobile ice cream vendors, it is necessary to establish definitions, guidelines and procedures.

(Ord. No. 2420-14)

 

4-10.2    Definitions.

   As used in this section:

Applicant shall mean a Person submitting an application for a license pursuant to this section. 

Enforcement Officer shall mean a member of the Police Department, Health Department or Code Enforcement Official of the Township.

Ice cream shall mean a smooth, sweet, cold perishable food prepared from a frozen mixture of milk products or juices and sometimes containing colloidal materials and emulsifiers. 

Mobile ice cream vendor shall mean and include a peddler or solicitor who transports and sells ice cream, frozen or chilled snacks, water, soda, juice and items typically provided on ice cream trucks for sale in the Township by vehicle, such food or beverage to be sold to individual patrons while the vehicle is stopped or parked.

Operator shall mean an individual employed by and who drives a mobile ice cream vendor truck throughout the Township and sells ice cream products pursuant to a license issued pursuant to this section. 

Person shall mean and include the singular and the plural and any person, firm or corporation, association, club, partnership, society or any other organization performing the peddling or soliciting activity.

Vehicle shall mean and include, motor trucks, motor vehicles, or other similar types of conveyance.

(Ord. No. 2420-14)

 

4-10.3    License Required.

a.      It shall be unlawful for any mobile ice cream vendor to engage in such activity within the Township without first obtaining a license as provided herein.

b.      The Township may issue up to two (2) mobile ice cream vendor licenses each season as set forth in subsection 4-10.6, with each license permitting the operation of up to three (3) trucks for a total of up to six (6) trucks per season.  The Governing Body may increase the number of licenses that may be issued in a season by resolution.  In addition to the license issued to the two (2) successful applicants for the same, each operator of a truck owned by the applicant business entity to which a license is issued shall display on the truck a copy of the license and a photo identification badge issued by the Health Officer pursuant to subsection 4-10.7a. hereof. 

(Ord. No. 2420-14)

 

4-10.4    Application for License.

   All applicants shall pay the license fee required by subsection 4-10.6 if applicable, and file with the Health Officer a sworn written application, on forms to be furnished by the Township, which shall give the following information:

a.      The name of any operator, including date of birth, driver’s license number and Social Security number.

b.      The permanent home/office address of the applicant.  If the applicant is a corporation, the name and address of its registered agent.

c.      A brief statement of the nature of the business and a description of the merchandise to be sold.

d.      A description of the vehicle(s) to be used, vehicle license number(s), and a copy of its insurance and registration card(s).

e.      A photograph taken of an operator not more than sixty (60) days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the operator and shall measure two by two (2” x 2”) inches.

f.       A statement as to whether the applicant, including any officer or director of a corporate applicant, as well as any operator has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic offenses, the nature of the offense and the punishment and/or penalty imposed.

(Ord. No. 2420-14)

 

4-10.5    Investigation: Denial or Issuance of License.

a.      Upon receipt of the application, the Health Officer shall transmit the same to the Chief of Police. 

b.      The Health Officer shall cause such necessary and appropriate inspections to be made as he deems necessary for the protection of the public welfare. If, as a result of such investigation, the health conditions of the applicant’s business premises or trucks are found to be in noncompliance with applicable health code provisions or requirements or otherwise unsatisfactory, the Health Officer shall endorse on the application his disapproval and shall notify the applicant that its application is disapproved.

c.      If, as a result of such investigation, the health conditions of the applicant’s business premises and trucks are found to be satisfactory, the Health Officer shall endorse his approval on the application.

d.      Each operator shall be fingerprinted, which shall be coordinated through the Millburn Police Department.  All associated fees shall be the responsibility of the applicant. The Chief of Police shall cause to be made such investigation of the applicant’s business and operator(s) as he deems necessary for the protection of the public welfare.

e.      If, upon review of the fingerprinting results, the applicant’s/operator’s record or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval, and the Health Officer shall notify the applicant that its application is disapproved. Any determination by the Chief of Police that an application is unsatisfactory shall be based upon one (1) or more of the following findings with respect to the applicant/operator:

1.     Conviction of a crime relating adversely to the occupation of mobile ice cream vendor, shall be determined in accordance with the provisions of N.J.S.A. 2A:168A-2 and set forth in a written explanation provided to the applicant based upon consideration of the following factors or any other factors:

(a)     The nature and duties of the business for which the license is sought;

(b)     The nature and seriousness of the crime;

(c)     Circumstances under which the crime occurred;

(d)    The date of the crime;

(e)     The age of the person when the crime was committed;

(f)     Whether the crime was an isolated or repeated incident;

(g)     Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs or the recommendation of persons who have or have had the applicant/operator under their supervision.

2.     Prior violation of a peddling or soliciting ordinance.

3.     Previous fraudulent acts or conduct.

4.     Misrepresentation or false statement contained in the application for the license.

f.       If, upon review of the fingerprint results, the character and business responsibility of the applicant/operator are found to be satisfactory, the Chief of Police shall endorse approval on the application.

g.      If the Health Officer and Chief of Police shall each have endorsed their approval on the application, the Health Officer shall deliver to the applicant the license.  The Health Officer shall keep a record of all licenses and complaints received, if any, concerning each license.

h.      The license, and operator identification badge issued hereunder shall contain the signature of the Health Officer and shall show:

1.     The name, address and photograph of the licensee.

2.     The class of license issued.

3.     The kind of food to be sold or distributed thereunder.

4.     The date of issue.

5.     The length of time the license shall be operative.

6.     The license number and other identifying description of any vehicle used in the activity licensed.

(Ord. No. 2420-14)

 

4-10.6    License Fees and Duration.

   The fee for each license shall be one hundred dollars ($100.00).  The license shall be valid between May 1 and the day after Labor Day in the year of its issuance and on weekends thereafter through October of that year. (Ord. No. 2420-14)

 

4-10.7    Regulations Governing Operations.

a.      Every holder of a mobile ice cream vendor license issued by the Health Officer under the authority of this section shall be required to display the license while engaged in the business or activity licensed within the limits of the Township.  The license shall be prominently displayed on or in the vehicle.  Each vehicle used shall display a license tag bearing the words “Sales License for the Year 20__” and each operator shall display an Identification Badge.   

b.      Every such licensee shall restrict his selling activity within the Township to the hours between 9:00 a.m. and sundown, but no later than 9 p.m., except that between the day after Labor Day and the end of October, selling activity shall cease at 7 p.m. and shall notify the Office of the Police Chief at least once in every week as to the area and streets in which he plans to conduct the activity, before commencing his selling activity.  No bells, music or other audible advertisement may be utilized by licensees after 7:00 p.m.

c.      Every such licensee shall carry and maintain in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey and rated "A" or better by A.M. Best Rating, proving the following minimum coverage and language:

1.     Comprehensive General Liability – one million dollars ($1,000,000.00) (combined single limit each occurrence).

2.     Business Automobile Liability – one million dollars ($1,000,000.00) (each accident).

3.     The following wording shall appear on the Insurance Certificate:

(a)     “The certificate holder (Township of Millburn) is included as an additional insured as respects losses arising solely from the operation of the licensed activity.”

4.     The Township and its agents shall be indemnified and held harmless from and against all claims and demands, losses and expenses, and the like arising from the permission granted. 

5.     All licensees must obey all State and local parking laws, rules and regulations.

6.     Vehicles moved or parked on public streets in connection with the licensee’s operation must comply with all State, local and motor vehicle laws.

7.     Licensees must provide for the disposal of garbage and recycling cans and/or bottles.  Licensees are not to use public receptacles for garbage or recyclables attributable to their operation.

(Ord. No. 2420-14)

 

4-10.8    Geographic Limitations.

a.      Licensee must not inhibit pedestrian or vehicular traffic.

b.      Licensees shall not stop or park any vehicle in such a manner as to block any advertisement, display or entrance to an existing store.

c.      Licensees shall not park any vehicle in such a manner as to block any municipal sign, public receptacle or garage, public bench or other amenity.

d.      Licensees, when in operation within residential areas, shall be permitted to remain in one location up to one-half (1/2) hour, after which the licensee shall move at least five hundred (500') feet therefrom. 

e.      By no later than May 1st of each season, the Township Clerk shall prepare a List of Prohibited Areas and Times, which shall set forth the dates and locations in the Township where the licensee is prohibited from operating during the specified time periods. Licensee shall comply with the List. 

(Ord. No. 2420-14)

 

4-10.9    License Not Transferable.

a.      Licenses shall not be transferable or assignable.

(Ord. No. 2420-14)

 

4-10.10  Enforcement.

   It shall be the duty of any Enforcement Officer of the Township to enforce provisions of this section and to require any person seen engaging in the activities covered by the section who is not known by such officer to be duly licensed, to produce his license and Identification Badge. (Ord. No. 2420-14)

 

4-10.11  Records.

   The Health Officer shall maintain a record of all licenses issued under the provisions of this section and shall record therein all convictions for violations of this section and other pertinent circumstances and incidents reported to the Chief of Police, Health Department and Township Clerk’s office. (Ord. No. 2420-14)

 

4-10.12  Revocation of Licenses.

a.      Licenses issued after the investigation provided for under this section may be revoked by the Health Officer after reasonable notice and hearing,  if requested, for any of the following reasons:

1.     Fraud or misrepresentation in any application for a permit or license.

2.     Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.

3.     Conviction of any crime or offense relating adversely to the occupation of mobile ice cream vendor.

4.     Conducting the business or licensed activity, whether by licensee or its agents or employees, in any unlawful manner or in any manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.

5.     When a hearing is requested, notice of hearing for a revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of hearing.  Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 4-10.4 herein, at least five (5) days prior to the date for the hearing.

(Ord. No. 2420-14)

 

4-10.13  Appeals.

   Any person aggrieved by any action of the Health Officer or Chief of Police, in the denial or revocation of a license, shall have the right to appeal to the Business Administrator.  The appeal shall be taken by filing with the Township Clerk, within thirty (30) days after the notice of the action complained of has been served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 4-10.4, a written statement setting forth fully the grounds for the appeal.  The Township Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from. (Ord. No. 2420-14)

 

4-10.14  Violations and Penalties.

   Any person violating any of the provisions of this section shall, upon conviction thereof, be liable for penalties not to exceed the maximum penalties assessable in the Municipal Court pursuant to law. (Ord. No. 2420-14)

 

 

4-11–4-13      RESERVED.

 

 

4-14   GASOLINE STATIONS; FUEL PUMPS AND TANKS.

 

4-14.1   Definitions.

   As used in this section:

Fuel shall mean any carbon bisulfite, gasoline, any petroleum distillate having a Reid vapor pressure of four (4) pounds (207 millimeters of mercury) or greater and used as a motor vehicle fuel ("Reid vapor pressure" means the absolute vapor pressure of a petroleum product at 100°F (37.8°C) as measured by the standard test method set forth in the American Society for Testing and Materials (ASTM) Designation D 323 or approved equivalent), diesel fuel, naphtha, benzole, hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene, turpentine or other flammable liquids having a flash point below one hundred sixty-five degrees Fahrenheit (165°F)

Gasoline station shall mean any building, structure, or premises, enclosure or other place within the Township where a container or containers, tank or tanks, pump or pumps ("Tanks") whether portable or stationary, containing any fuel are kept or located for the purpose of selling, offering for sale or distributing any such fuel from such tanks into the fuel tanks of motor vehicles or otherwise, and services incidental thereto, provided, however, that the provisions of this article shall not apply to any place where such flammable liquids are kept or sold solely for medicinal or household purposes.

Motor vehicle shall mean any automobile, truck, motorcycle, van, motor scooter or other self-propelled vehicle not operated on tracks or trolleys.

(1967 Code § 8-15-1; Ord. No. 9-88 § 1)

 

4-14.2   License Required.

   No person shall maintain, conduct or operate as a business a gasoline station within the Township without first having obtained a license from the Township in accordance with the provisions of this section. All gasoline stations, fuel pumps, tanks or other containers for which permits or licenses have been heretofore granted shall be and become subject to the terms of this section and amendments thereto; and persons to whom such licenses have been granted shall apply for a license under the terms and provisions of this section. The provisions of this section shall be deemed to create regulations of gasoline stations in addition to existing applicable regulations, such as, but not limited to, Zoning, Building, Maintenance and Fire Prevention Code regulations and shall not be deemed to modify or repeal such existing regulations. (1967 Code § 8-15-2; Ord. No. 9-88 § 1)

 

4-14.3   Application for License. 

a.      All applications for licenses shall be made in writing, under oath, be filed with the Township Clerk two (2) months' prior to the commencement of the license period and shall contain the following information:

1.     If an individual:  the name and address of the applicant.

2.     If a partnership:  the name and residence of each partner.

3.     If a corporation or other organization: the name, address and State under whose laws such corporation or organization was organized and the names of the principal officers and local representatives and their residences and business addresses.

4.     The name and address of the operator.

5.     The name and address and written consent of the owner or owners of the land whereon such station is to be operated.

6.     The location of the gasoline station and premises.

7.     A statement from the Township Zoning Officer and Construction Code Official as to his/her inspection and approval of the gasoline station relative to its compliance with the Development Regulations Ordinance and the Building Code.

8.     A statement from the Township Fire Chief or his/her designated representative as to his/her inspection and approval of the gasoline station relative to fire safety and its compliance with fire codes in effect in the Township.

9.     A statement from the Township Engineer as to his/her inspection and approval of the drainage of the gasoline station premises.

10.   A statement from the Township Chief of Police as to his/her inspection and approval of the gasoline station relative to the gasoline station's effect on traffic safety and control.

b.      For any inspection required by subsection 4-14.3a, 7 through 10 inclusive, any authorized official of the specified Township Department may make the inspection in lieu of the particular Department head, but such authorized official must file a written report of his/her inspection within seven (7) days thereafter with the head of his/her Department for approval or disapproval by the Department head. 

         (1967 Code § 8-15-3; Ord. No. 9-88 § 1)

 

4-14.4   Issuance or Denial of License; Appeals. 

a.      If the application complies with the requirements of this section and other ordinances of the Township, the Township Clerk shall issue a license upon the payment of the license fees required by this section.

b.      Notwithstanding any of the provisions of this section, the Township Clerk may deny the application for a license if the operation of the gasoline station described in the application is likely, in the opinion of the Township Clerk, which shall state the Clerk's findings and reasons in writing, to create an unreasonable fire hazard or an unreasonable hazard to pedestrians or add an unreasonable burden to the traffic conditions of the neighborhood described in the application. The designation of the above grounds shall not be construed in any way to limit the Township Clerk in refusing to grant any such application on any other grounds permitted by law.

c.      Licenses denied under this section may be appealed to the Township Committee for hearing.

         (1967 Code § 8-15-4; Ord. No. 9-88 § 1; New)

 

4-14.5   License Fee.

   No license shall be granted except upon payment of a license fee. The fee for a license for a gasoline station shall be payable at the annual rate of one hundred fifty dollars ($150.00) for the first tank and twenty dollars ($20.00) for each additional tank. The fees provided in this section shall be in addition to other fees due to the Township, including, but not limited to, the fees required by the Uniform Fire Code.  (1967 Code § 8-15-5; Ord. No. 9-88 § 1)

 

4-14.6   Expiration of License.

   All licenses issued under this section shall be issued for a term of not more than one (1) year, commencing as of January 1 or such later date as the license is issued and expiring on December 31 following the date of issuance, unless sooner surrendered or revoked. (1967 Code § 8-15-6; Ord. No. 9-88 § 1)

 

4-14.7   No Assignment or Transfer of License.

   No license granted under the provisions of this section shall be assigned or transferred to any other person except with the consent of the Township Clerk. (1967 Code § 8-15-7; Ord. No. 9-88 § 1)

 

4-14.8   Change of Location.

   No license issued under the provisions of this section shall authorize the maintenance of the business of a gasoline station at any location but the location specified therein. (1967 Code § 8-15-8; Ord. No. 9-88 § 1)

 

4-14.9   Rules and Regulations.

   Any person conducting or operating a gasoline station in the Township shall comply with the following regulations:

a.      No repair work on motor vehicles shall be performed in the open on the premises except for the following incidental repairs or minor parts replacement:

1.     Lubrication and changing of oil.

2.     The repair of tires and tubes.

3.     The recharging and rental of batteries.

4.     Such incidental work as may be necessary in connection with the installation, mounting or adjustment of accessories herein permitted to be sold or in connection with the testing and adjustment of the fuel and electrical systems of motor vehicles.

b.      All parking at gasoline station premises shall be limited so it will not create hazards or interfere with ingress or egress of motor vehicles patronizing the gasoline station. No parking or storage of commercial or bus motor vehicles or campers shall be permitted on the premises except such temporary parking as may be necessary in connection with the servicing of such motor vehicles. There shall be no parking of motor vehicles on the public sidewalk areas adjacent to the gasoline station. Storage of unregistered motor vehicles or unsightly accumulations of motor vehicles shall be deemed a violation of this section.

c.      No merchandise shall be sold or kept for sale on or from the premises except fuel, and motor vehicle accessories and supplies reasonably connected with, or necessary for, the safe or lawful operation of motor vehicles unless from vending machines located indoors.

d.      No oil shall be kept or displayed in tanks or other receptacles outside the building except for immediate use in servicing motor vehicles; such oil must be kept in containers neatly racked or stacked, and no such individual container shall exceed five (5) quarts.

e.      Except as provided in subsections 4-14.9c. and 4-14.9d. above, no supplies or materials shall be kept outside the gasoline station building unless stored and concealed in metal or other fire-resistant racks or cabinets not to exceed seven (7') feet in height; provided, however, no parts or motor vehicles, nor disabled or inoperative or partially dismantled motor vehicles and no new or used tires shall be stored at any time outside the gasoline station building.

f.       No junk shall be permitted on any part of the premises except in closed containers. "Junk" shall include, but not be limited to, all rubbish, garbage, trash, debris, ashes, refuse, litter, trimmings and clippings, cigarettes, glass and wood particles, abandoned automobiles and any machinery and/or equipment or any parts thereof; and other waste materials which tend to create a danger to the public health, safety and general welfare.

g.      Gauging or vending devices shall be subject to the following regulations:

1.     All fuel gauging or vending devices shall be of approved type and substantially secured to concrete or masonry foundations suitably located and of proper design and dimensions normally to prevent motor vehicles from colliding with the device.

2.     Systems wherein continuous pressure is maintained on the fuel storage tank in connection with fuel gauging or vending devices shall be prohibited.

3.     The use of above-ground fuel storage tanks in connection with fuel gauging or vending devices shall be prohibited.

4.     Devices which discharge by gravity shall be so designed that it is not possible to retain in the gauging compartment materially more than ten (10) gallons of liquid and so that it is not possible to lock the device without draining the gauging compartment.

h.      Provision shall be made by grading driveways, raising door sills or some equally effective means to prevent fuel spills from flowing into the interior of gasoline station buildings.

i.       Electric motors and other spark-emitting devices, if present, shall be installed in a well-ventilated room where no flammable liquids are stored or handled unless such devices are approved by the Fire Department for use in an explosive atmosphere.

j.       Drainage from crankcases, liquid coolant waste, and grease drippings shall be kept in suitable closed metal containers and shall be disposed of in accordance with Federal and State Environmental Protection Acts. The liquids shall not be permitted to enter storm drains or seep into the earth.

k.      NO SMOKING signs and STOP MOTOR WHILE FILLING signs shall be prominently posted so as to be readily visible at points where fuel is handled.

l.       Where flammable liquids are kept, used or handled, dry sand, ashes, chemical extinguishers or other extinguishing devices or materials shall be kept as directed by the Fire Department.

m.     A reasonable quantity of loose noncombustible absorbents, such as sand or ashes, shall be kept conveniently for use in case of fuel leakage or overflow.

n.      All motor vehicles on the licensed premises shall be parked or stored in such manner as to be readily removed in case of fire or other emergency.

o.      Each gasoline station shall be inspected at least once every year by an official to be designated by the Chief of the Fire Department. It shall be the duty of the person making such inspection to determine whether or not the premises are maintained in compliance with this section and other ordinances of the Township, and to report to the Township Business Administrator any violation of this section or other ordinances which may be discovered during such inspection. The Business Administrator shall then take such steps as are necessary and advisable to cause such violations to be corrected.

p.      No fuel tank or pump of any gasoline station shall be constructed or maintained on the curb or on the sidewalk of any street in the Township. No fuel tank, pump, lift, filling, greasing or other service appliance, apparatus, racks or cabinets shall be located within five (5') feet of a side or rear lot line.

q.      No electric lights shall be installed or arranged on any poles which exceed sixteen (16') feet in height, and all such illumination shall be shaded properly so as to protect adjoining properties and property owners therefrom.

r.      Each gasoline station shall be conducted and maintained in accordance with the provisions of the ordinances of the Township.

s.      All signage on the premises shall be in conformity with all rules, regulations and ordinances of the Township.

t.       Each gasoline station located within two hundred (200') feet of a residence shall be closed from 11:00 p.m. to 6:00 a.m., except that this provision shall not apply to a gasoline station which abuts Morris Turnpike.

         (1967 Code § 8-15-9; Ord. No. 9-88 § 1)

 

4-14.10   Revocation of License.

   Any license issued shall be revocable by the Township Committee after hearing and good cause shown, upon fifteen (15) days' notice in writing to be given the licensee either by serving the same upon the licensee personally or by leaving the same at the place of business of such licensee.  (1967 Code § 8-15-10; Ord. No. 9-88 § 1)

 

4-14.11   New Jersey Underground Storage Tank Law.

   Nothing contained herein shall be deemed to alleviate the owner and/or operator of a gasoline station containing an underground fuel storage tank from complying with the New Jersey Underground Storage Tank Law, if applicable, and this section shall not be deemed to supersede or conflict with the Act; provided however, no license shall be issued unless the applicant is in compliance with the New Jersey State Underground Storage Tank Law, N.J.S.A. 58:10A–21, et seq.   (1967 Code § 8-15-11; Ord. No. 9-88 § 1)

 

 

4-15 - 4-31   RESERVED.

 

 

4-32   DEALERS IN SECONDHAND JEWELRY AND PRECIOUS METALS.

 

4-32.1   Definitions.

   As used in this section:

Dealer shall mean any person, partnership, corporation or other entity, whether permanent or itinerant, who on one (1) or more occasions (through any means) buys or sells secondhand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.

Itinerant business shall mean any business conducted intermittently within the Township or at varying locations.

Minor shall mean any person under the age of eighteen (18) years.

Permanent based business shall mean any business conducted on a year-round basis and housed in a single structure, such as a store or residence.

(1967 Code § 8-14-1; Ord. No. 37-83 § 1)

 

4-32.2   License Required; Investigation; Issuance or Denial of License. 

a.      Each dealer in secondhand jewelry and precious metals conducting business within the Township shall first obtain a license to do so and shall apply therefor to the Township Clerk. The application shall contain the following information:

1.     The name and permanent address of the applicant.

2.     If the applicant is a corporation, partnership or other business entity, the names and addresses of each person having more than a ten (10%) percent interest in the applicant.

3.     The address of the applicant's place of business within the Township and any other business location of the applicant.

4.     The applicant's photograph.

b.      The Chief of Police shall cause such investigation to be made of the applicant's business and moral character as he/she deems necessary for the public good. Such investigation shall include fingerprinting of the applicant.

c.      The Chief of Police, after inserting thereon his/her recommendations and results of any investigations relative to the license applied for, shall forward the application to the Township Clerk.

d.      If the finding of the Chief of Police is that the applicant's business or moral character is unsatisfactory based on one (1) or more of the following findings or on other evidence:

1.     Conviction of a crime involving moral turpitude;

2.     Prior violations of an ordinance regulating dealers in used jewelry and precious metals;

3.     Evidence of previous fraudulent conduct;

4.     Evidence of bad character;

         the Township Clerk shall deny the application in writing, and shall send a copy, plainly marked "Not Approved," to the Police Department.

e.      If the finding of the Chief of Police is that the applicant's business and moral character are satisfactory, the Township Clerk shall issue a license to the applicant.

         (1967 Code § 8-14-2; Ord. No. 37-83 § 1)

 

4-32.3   License Fees; Expiration of License. 

a.      Upon issuance of a license, the fee shall be based as follows:

1.     Permanent-based business:  Two hundred fifty dollars ($250.00)  per year.

2.     Itinerant business: Fifty dollars ($50.00) per day of business.

b.      A license issued under the provisions of this section shall not be transferable and shall terminate on December 31 of the year in which the license is issued.

         (1967 Code § 8-14-3; Ord. No. 37-83 § 1; New)

 

4-32.4   Recordkeeping Required; Inspection of Records.

   Each dealer shall maintain a complete record of each purchase and sale including the amount paid; description of item; any identifying numbers; name, residence, age and description of the persons from whom the items were purchased, received or sold; and requiring such person to sign a receipt for each item. These records shall be subject to the inspection of any authorized Police Officer of the Township. The dealer shall maintain such records for at least two (2) years after each transaction. (1967 Code § 8-14-4; Ord. No. 37-83 § 1)

 

4-32.5   Notice of Transaction to Police; Time Limit.

   Each dealer doing business in the Township shall deliver to the Chief of Police the description of all items purchased, received or sold, within forty-eight (48) hours of the completion of the transaction, on forms prescribed by the Chief of Police. (1967 Code § 8-14-5; Ord. No. 37-83 § 1)

 

4-32.6   Waiting Period Prior to Changing Form of or Selling Articles.

   No dealer shall sell, melt or change the form of or dispose of any articles purchased or received within three (3) days of the date of purchase, and all such items shall be made available to the Chief of Police or any Police Officer of the Township upon request, for at least three (3) days. (1967 Code § 8-14-6; Ord. No. 37-83 § 1)

 

4-32.7   Dealing with Minors or Intoxicated Persons.

   Each dealer must require identification of the person with whom it is transacting business; and no transaction may be made with any minor, as herein defined, and also with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics, hallucinogenic or habit-producing drugs. (1967 Code § 8-14-7; Ord. No. 37-83 § 1)

 

4-32.8   Revocation of License; Notice of Hearing.

a.      Licenses issued under the provisions of this section may be revoked by the Township Committee after hearing on notice for any of the following causes:

1.     Fraud, misrepresentation or false statement contained in the application for license.

2.     Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry.

3.     Any violation of this section.

4.     Conviction of any crime or disorderly persons' offense involving moral turpitude.

5.     Conducting the business of soliciting or canvassing 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.      Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five (5) days' prior to the date set for the hearing.

         (1967 Code § 8-14-8; Ord. No. 37-83 § 1)

 

4-32.9   Inapplicability.

   This section shall not be applicable to any person, partnership, corporation or entity who receives secondhand gold, silver, precious metals, gems or jewelry as a gift. (1967 Code § 8-14-9; Ord. No. 37-83 § 1)

 

 

4-33 - 4-35   RESERVED.

 

 

4-36   TAXICABS AND AUTOMOBILE LIVERIES.* 

 

 

PART I.  REGULATIONS

 

4-36.1   Definitions.

   As used in this chapter:

Auto livery shall mean any automobile or vehicle engaged in the business of carrying passengers for hire and operating from private property only, either by the trip, hour, day or other fixed period, or to transport passengers to a specified place, or which charge a fare or price agreed upon in advance between the operator and the passenger and which does not solicit or accept passengers for hire upon the public streets, taxicab stands or any other public places of or within the Township.

Driver shall mean the chauffeur, driver or operator of either a taxicab or an auto livery.

Owner shall mean the person in whose name a vehicle is registered with the State Division of Motor Vehicles.

Taxicab shall mean any automobile or motor vehicle licensed to engage in the business of carrying passengers for hire and offered, announced or advertised to operate or run as a taxicab from a public stand, hotel, motel, station, street, highway or other public place within the Township.

Vehicle shall mean both a taxicab and an auto livery, unless otherwise specifically designated.

(1967 Code § 23-1-1)

 

4-36.2   Compliance with Chapter; Misrepresenting Vehicles as Licensed.

   No motor vehicle shall be offered or operated for the transportation of passengers for hire within the Township except in compliance with the regulations prescribed by this section, and unless such vehicle and the operator thereof have been licensed as provided in this section. No vehicle for which a taxicab license has not been issued and is not in full force and effect shall be used or held out as a taxicab, nor shall any person represent by word, sign, gesture or by means of the color or model thereof or the shape or appearance of any sign thereon that any vehicle which has not been licensed as a taxicab pursuant to the provisions of this section is or is authorized to be used as a taxicab. All licenses, if any, which may have been issued to an owner for any vehicle not licensed for use as a taxicab which shall nevertheless be used as or represented to be such, shall, upon proof of such use and misrepresentation, be revoked after reasonable opportunity to the owner to be heard with reference to such revocation.  (1967 Code § 23-1-2)

 

4-36.3   Applicability.

   Nothing contained in this section shall be deemed to apply to autobuses.

   No vehicle of a category regulated by this section, which is licensed by any other municipality for the uses to which the regulations in this section apply, shall be required to have a license issued pursuant to the provisions of this section, but shall be subject to the other regulations imposed hereby.  (1967 Code § 23-1-3)

 

4-36.4   Liability Insurance.

   No license provided for by this section shall issue or remain valid unless the owner of each licensed vehicle shall have on file in the office of the Township Clerk an effective policy of automobile liability insurance issued by a financially sound insurance corporation of or authorized to transact business in the State, insuring the owner, every driver and any operator of such vehicle against liability imposed by law for damages because of bodily injury, including death, sustained by any person and injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of the motor vehicle for which such license is sought or has been issued. For taxicabs, the amount of the limits of liability coverage to be afforded by such policy shall be one hundred thousand dollars ($100,000.00) for bodily injury to each person, three hundred thousand dollars ($300,000.00) for bodily injuries in each accident and twenty-five thousand dollars ($25,000.00) for property damage in each accident. For automobile liveries, the amount of the limits of liability coverage to be afforded by such policy shall be one million five hundred thousand dollars ($1,500,000.00) for bodily injury or death suffered by any person and twenty-five thousand dollars ($25,000.00) for property damage in each accident. Every such policy of insurance shall contain a provision that no cancellation of the policy shall become effective until after the expiration of ten (10) days' written notice, plus three (3) days' mail service, of such proposed cancellation forwarded by the insurance company to the Township Clerk.  (1967 Code § 23-1-4; Ord. No. 5-2-78 § 1; Ord. No. 2231-04 § 1)

 

4-36.5   General Regulations in Operation of Vehicles.

   The following provisions shall be observed in the general operation of vehicles licensed under this section:

a.      All vehicles, particularly the interior thereof, shall be kept clean and in good condition.

b.      Every taxicab shall display on the back of the front seat a rate card showing the approved fares as provided by subsection 4-36.7.

c.      Every taxicab shall carry upon its exterior a sign bearing the word "Taxi" or "Taxicab," so located, constructed and illuminated as to be readily observable by pedestrians and other members of the public whose transportation is solicited by the owner or driver of the vehicle.

d.      Any commercial radio in the vehicle shall be operated only at the discretion of the passenger. This does not include the operation of a short-wave radio.

e.      A receipt book of forms, showing the driver's full name and driver's license number shall be carried. A receipt shall be given to any passenger showing the fare charged whenever requested or if there is a dispute over the fare.

f.       Drivers shall keep a trip record by days of all trips made by the vehicle. Such trip record shall be kept by owner for at least six (6) months from the date of compilation and shall be subject to inspection at any time by the Police Department or someone authorized by the Township Committee. The daily trip record must contain the following information:

1.     The state registration number of the vehicle.

2.     The name and license number of the driver.

3.     The time and location of the beginning of each trip and termination time and place of each trip.

4.     The amount of fare collected.

g.      A driver shall not operate a vehicle while, to any degree, under the influence of drugs or intoxicating liquors.

h.      There shall be no smoking in any vehicle.

i.       Disrespectful conduct or the use of abusive or insulting language to passengers is prohibited.

j.       Drivers shall not solicit patronage for restaurants, night clubs, cabarets, dance halls, hotels or like places, not solicit for any place maintained in violation of the law.

k.      A driver shall thoroughly search the interior of the vehicle immediately after the termination of each trip and ascertain whether the passenger has left any article therein. Any property so found shall be taken to Police headquarters and turned over to the officer in charge within twenty-four (24) hours after discovery, and a receipt therefor requested.

l.       Drivers of taxicabs shall solicit fares only from the driver's seat or in a position within five (5') feet therefrom.

m.     A driver of a taxicab entering a taxi stand shall do so by taking his/her position at the rear of any taxicab already at the stand.

         (1967 Code § 23-1-5; New)

 

4-36.6   Condition of Vehicles; Inspection of Vehicles; Suspension of Licenses Pending Correction of Unsafe Conditions.

   No vehicle shall be operated upon the streets of the Township unless mechanically and otherwise safe to operate, with brakes, lights, windshield wipers, signaling devices, steering apparatus, door fasteners and other mechanical equipment in good working condition. Inspection of the condition of every vehicle may be required by the Chief of Police as deemed necessary. The Chief of Police shall cause every vehicle licensed under this section to be removed from service and its license temporarily suspended pending correction of any mechanical or otherwise unsafe condition found upon inspection, and he/she shall withhold such license until these conditions are corrected to his/her satisfaction. (1967 Code § 23-1-6; New)

 

4-36.7   Fares.

   The maximum fares which may be charged for transportation from and to points within the Township shall be in accordance with schedules posted in licensed vehicles and in dispatchers' offices, and as filed in the office of the Township Clerk by each licensed taxi-livery owner. The fare schedules, and subsequent amendments thereto, shall become effective thirty (30) days after filing and acknowledgment by the Township Clerk. Notice of prospective amendments of fare schedules, and effective dates, shall also be posted as above.

   Fares which may be charged for transportation by taxi-liveries shall be as follows:

a.      Zone One.  A posted fare for each passenger from or to any point within zone one, whose boundaries are as follows:

         Beginning at the point of intersection of South Terrace and Morris and Essex Turnpike; thence northeasterly by way of South Terrace to its intersection with Twin Oak Road; thence northerly and then easterly by way of Twin Oak Road to its intersection with Taylor Road; thence northerly by way of Taylor Road to its intersection with Western Drive; thence westerly by way of Western Drive to Moraine Place; thence northerly by way of Moraine Place to its intersection with Minnisink Road; thence easterly by way of Minnisink Road to its intersection with Stewart Road; thence northerly by way of Stewart Road to its intersection with Highland Avenue; thence northerly by way of Highland Avenue to its intersection with Hartshorn Drive; thence northeasterly by way of Hartshorn Drive to Wildwood Drive; thence northerly by way of Wildwood Drive to its intersection with Great Hills Road; thence in an arbitrary and direct line to the intersection of Old Short Hills Road and Fairfield Terrace; thence easterly by way of Fairfield Terrace to its intersection with Fairfield Drive; thence southerly by way of Fairfield Drive to Sinclair Terrace; thence easterly by way of Sinclair Terrace to its most northern intersection with the South Mountain Reservation boundary line.

b.      Zone Two.  A posted fare for each passenger from or to any point in zone one to or from any point in zone two, or from or to any two points within zone two, the boundaries of zone two being described as follows:

         Beginning at the point of intersection of Hobart Gap Road and Morris and Essex Turnpike; thence northerly by way of Hobart Gap Road to White Oak Ridge Road; thence northeasterly by way of White Oak Ridge Road to Farmstead Road; thence northerly by way of Farmstead Road to its intersection with White Oak Ridge Road; thence northerly by way of White Oak Ridge Road to its intersection with the southerly line of the Township of Livingston; thence easterly and then northerly along the Livingston line to its intersection with South Orange Avenue; thence easterly by way of South Orange Avenue to its intersection with the South Mountain Reservation boundary line.

c.      Zone Three.  A posted fare for each passenger from or to any point in zones one and two to or from any point in zone three, or from or to any two points within zone three, the boundaries of zone three being the area of the Township westerly of zones one and two.

d.      The above maximum rates shall be in effect twenty-four (24) hours a day.

e.      Children of five (5) years and under, when in the charge of a passenger paying fare, shall be carried free. Children above such age shall pay full fare.

f.       Every passenger shall be allowed to have carried and conveyed upon any taxicab, without charge, his/her ordinary traveling baggage, not exceeding in any case forty (40) pounds of baggage.

g.      A charge of twenty-five cents ($.25) shall be made for each piece of baggage other than hand baggage when in excess of forty (40) pounds.

h.      For delivery of packages from one (1) location to another location, without passengers, the same rates shall prevail as are described in paragraphs a. through d.

i.       Additional passengers who are traveling to the same point from the same point within the Township as the first passenger shall be charged no more than the filed and posted rate for each such additional passenger.

j.       The maximum rates in this section and all maximum fares to the three (3) major airports in the New York Metropolitan area shall be posted in the taxicabs and in the dispatcher's office.

k.      Citizens over sixty-five (65) years of age who reside in Millburn Township shall be conveyed within the Township for the lowest zone fare within the Township between the hours of 10:00 a.m. and 2:00 p.m. on weekdays.

         (1967 Code § 23-1-7; Ord. No. 3-18-68 § 1; Ord. No. 2-1-71 § 1; Ord. No. 8-74 § 1; Ord. No. 7-78 §§ 1, 2; Ord. No. 37-79; Ord. No. 30-81 § 1)

 

4-36.8   Refusal to Accept Passengers.

   No owner or driver of any vehicle licensed as a taxicab shall refuse conveyance, during operating hours shown upon his license application, to any orderly person, unless such owner or driver is previously engaged. (1967 Code § 23-1-8)

 

4-36.9 - 4-36.11   Reserved.

 

 

PART II.  LICENSES.*

 

*For State law authorizing the Township to license and regulate vehicles used for the transportation of passengers, etc., see N.J.S.A. § 40:52-1. As to necessity of Township consent before operating taxicabs, see N.J.S.A. § 48:16-2.

 

 

4-36.12   Owner's Licenses Required; Contents.

   No passenger vehicle for hire shall be operated upon the streets of the Township unless the owner thereof shall first obtain a license for such purpose as provided in this section. Such license shall contain the following:

a.      The owner's name, place of business, name of company, if any, residence and signature.

b.      Municipal license number and date of issue. Such license shall be kept within the applicable vehicle.

         (1967 Code § 23-2-1)

 

4-36.13   Transferability; Reporting Loss or Theft.

   Owners' licenses issued under this section are nontransferable and loss or theft thereof must be reported promptly to the Chief of Police.  (1967 Code § 23-2-3)

 

4-36.14   Driver's Licenses Required; Contents; Display of Drivers' Licenses.

   No person shall drive a vehicle for hire upon the streets of the Township unless he/she shall first obtain a license as provided in this section. Such license shall contain the following:

a.      The name, residence, age and photograph of the licensee.

b.      The municipal license number and date of issuance.

   Such license shall be kept by the licensee at all times when engaged in actual operation of a licensed vehicle, and shall be exhibited to any passenger or Police Officer upon request. (1967 Code § 23-2-2)

 

4-36.15   Applications.

   All applications for owners' and for drivers' licenses under this section shall be made in writing to the Township Clerk on forms provided by the Township and available upon request. Such applications shall be accompanied by the fee as required by subsection 4-36.19. Every such application shall disclose the following facts, which shall be deemed material representations, for falsity of which the license applied for shall be denied, or if issued, revoked:

a.      Owner's Application.

1.     Name, age, residence and business address of the applicant owner.

2.     Type of license requested (taxicab or livery).

3.     Manufacturer's name, year, body type and passenger capacity of each vehicle for which a license is sought.

4.     Address of place where each vehicle will be garaged and proof of garage owner's consent.

5.     Current valid State motor vehicle registration number issued for each vehicle.

6.     Convictions, both motor vehicle and criminal, of the applicant.

b.      Driver's Application.

1.     Name, age and residence of the prospective driver for which a license is sought.

2.     Number of currently valid State motor vehicle driver's license issued to such prospective driver.

3.     Driving experience of the applicant.

4.     Convictions, both motor vehicle and criminal, of the applicant.

5.     Applicants shall provide two (2) passport-size photos.

        Applications by drivers shall be made in person.

        (1967 Code § 23-2-4; New)

 

4-36.16   Investigations of Applicants.

   All applicants for licenses under this section shall be transmitted to the Chief of Police, who shall cause the necessary investigation to be made and report to the Township Committee his recommendations based on such investigations, together with the proof of fingerprinting by the Motor Vehicle Commission and photographing of the applicant and investigation of such fingerprints with all criminal records. (1967 Code § 23-2-5; Ord. No. 2363-10)

 

4-36.17   Filing; Notification of Rejections.

   All applications shall be filed by the Township Clerk after being acted upon by the Township Committee and applicants notified as to the action taken. In case of denial of an application, the applicant shall be notified by the Township Clerk in writing. (1967 Code § 23-2-6)

 

4-36.18   Qualifications of Licensees.

   Applicants for license under this section shall have the following qualifications:

a.      Owner's License.  An applicant to be approved for a vehicle license must have the following qualifications:

1.     No conviction of a crime involving moral turpitude;

2.     No prior violation of an ordinance regulating taxi owners;

3.     No evidence of previous fraudulent conduct;

4.     No evidence of bad character;

5.     A resident of the State;

6.     At least twenty-one (21) years of age.

b.      Driver's License.  An applicant to be approved for a driver's license must have the following qualifications:

1.     No conviction of a crime involving moral turpitude;

2.     No prior violation of an ordinance regulating taxi drivers;

3.     No evidence of previous fraudulent conduct;

4.     No evidence of bad character;

5.     A resident of the State;

6.     At least eighteen (18) years of age.

7.     Of sound physique and fit for the safe operation of a motor vehicle.  If there is any doubt as to the applicant's physical condition, the Township Committee may require the applicant to undergo a physical examination at the applicant's expense, by a mutually agreed-upon local physician.

8.     A holder of a current State motor vehicle driver's license and must have had such for a period of at least one (1) year prior to the granting of a license.

9.     Applicants for a license under this subsection shall provide proof from the Motor Vehicle Commission of their qualification to operate a limousine in New Jersey.

        (1967 Code § 23-2-7; New; Ord. No. 2363-10)

 

4-36.19   Fees.

   There shall be paid to the Township Clerk, for the use of the Township, with the filing of every application for a license under this article, the following amounts:

a.      Taxicabs, forty dollars ($40.00), per vehicle.

b.      Auto liveries, forty dollars ($40.00), per vehicle.

c.      Drivers, twenty-five dollars ($25.00).

         (1967 Code § 23-2-8; Ord. No. 7-78 § 3)

 

4-36.20   Display,  Transferability or Loss of Licenses.

   Each licensed driver shall be provided with a numbered driver's license, which shall be conspicuously displayed at all times.

   Drivers' licenses are nontransferable and loss or theft thereof shall be reported promptly to the Chief of Police and shall be surrendered to him/her upon termination of employment. (1967 Code § 23-2-9)

 

4-36.21   Maximum Number of Taxicab Licenses.

   No more than twenty-five (25) taxicab licenses shall be in effect at any time.  (1967 Code § 23-2-10)

 

4-36.22   Terms; License Renewals; Revocation.

   All licenses under this section shall expire on March 31 annually. Such licenses may be  renewed annually, subject to compliance with all requirements for their original issuance. The Township Committee may suspend or revoke any such license after hearing or reasonable opportunity to be heard, upon fair notice accorded to the licensee, for violation of or failure to comply with the regulations prescribed in this section. (1967 Code § 23-2-11)

 

 

4-37   THEATRICAL PERFORMANCES AND SHOWS.*

 

*Editor's Note: For regulations concerning Theatrical Performances and Shows, see Amusements, Section 4-3.

 

 

4-38   RESERVED.

 

 

4-39   VEHICLE TOWING AND STORAGE SERVICES.

 

4-39.1   Definitions.

   As used in this section:

Administrative fee shall mean a one (1) time fee per vehicle for the purpose of compensating the licensee for inspecting the vehicle, allowing owners to retrieve personal property from the vehicle, and for the preparation of additional paperwork beyond the initial towing bill.

Cruising shall mean the operation of a tow truck in and upon a roadway within the Township of Millburn to solicit vehicle towing and/or storage business except in response to a Police request.

Heavy duty shall mean a tow truck with dual wheels, capable of towing large trucks and shall meet the following minimum requirements: G.V.W.—30,000 lbs./G.C.W.R.—80,000 lbs./Boom rating—50,000 lbs./Winch rating—50,000 lbs./ Cable size and length—5/8 inches and 200 feet/Equipped with a chassis lift/under-reach-retracted rating—30,000 lbs. and extended rating—15,000 lbs.

Labor shall mean the additional work done at the scene by the tow truck operator which is beyond that required to perform a basic tow or any additional manpower needed to complete a recovery, winching, or towing of a vehicle. Labor charged for additional manpower shall be based on a per man, per hour basis.

Lease shall mean a vehicle leased by the licensee, through a leasing company, and showing the licensee on the registration as the owner or lessee. If the registration is such that the lessee is not listed the licensee will be required to show a lease agreement.

License shall mean the document approved and issued by the Township of Millburn granting the privilege to tow and store vehicles and perform other towing operations for the Township of Millburn.

Licensee shall mean a towing operator having a license granted by the Township pursuant to the provisions of this section.

Light duty flat bed shall mean a car carrier of the rollback and tilt type, with dual wheels, capable of removing and transporting passenger cars damage free and shall meet the following minimum requirements: G.V.W.—14,500 lbs./G.C.W.R. — /Winch rating—8,000 lbs./Cable size and length—3/8 inches and 50 inches/Bed length—16 feet/Bed width—84 inches inside side rails/Wheel lift-retracted rating —6,000 lbs. and extended rating—3,000 lbs.

Light duty wrecker shall mean a tow truck with dual wheels, capable of towing passenger cars and shall meet the following minimum requirements: G.V.W.—14,000 lbs./G.C.W.R.—18,000 lbs./Boom rating—8,000 lbs./Winch rating—8,000 lbs./Cable size and length—3/8 inches and 100 feet/Wheel lift-retracted rating—6,000 lbs. and extended rating—3,000 lbs.

Medium duty flat bed shall mean a car carrier of the roll back and tilt type, with dual wheels, capable of removing and transporting small trucks, full size vans, or large passenger cars damage free and shall meet the following minimum requirements: G.V.W.—18,000 lbs./G.C.W.R. — /Winch rating—8,000 lbs./Cable size and length—3/8 inch and 50 inches/Bed length—19 feet/Bed width—84 inches inside side rails/Wheel lift-retracted rating—6,000 lbs. and extended rating—3,000 lbs.

Medium duty wrecker shall mean a tow truck with dual wheels, capable of towing small trucks and shall meet the following minimum requirements: G.V.W.—18,000 lbs./G.C.W.R.—30,000 lbs./Boom rating—16,000 lbs./Winch rating—16,000 lbs./Cable size and length—1/2 inch and 200 feet/Wheel lift-retracted rating—10,500 lbs. and extended rating—8,500 lbs.

Owner shall mean an individual or entity who or which owns or leases, and/or operates, parks or abandons a vehicle within the Township.

Police shall mean the Police Department of the Township of Millburn or of any jurisdiction having authority in the subject matter.

Principal location shall mean the business office of an applicant/licensee, where licensee shall conduct business associated with the towing and storage of vehicles under authority of the towing license issued by the Township of Millburn.

Recovery shall mean when the tow truck operator applies his training and knowledge in a skillful manner to preserve the condition of the vehicle while moving it to a towable position. This can be accomplished in various ways including, but not limited to, winching and rigging.

Road service shall mean a service provided at the scene to enable a vehicle to be driven away, including, but not limited to, the changing of a flat tire, jump start of a vehicle, or the delivery of fuel. There will be a separate charge for the fuel at its face value.

Routine calls for service shall mean a Police request for road service of a disabled vehicle, i.e., dead batteries, flat tires, out of gas, or other services that do not require towing.

Storage services shall mean the storage, housing or holding of vehicles, indoors or outdoors by a licensee under authority of this section.

Temporary license shall mean a towing license, authorized by the Chief of Police, and issued by the Township of Millburn for the purpose of replacing a current licensee, whether that replacement be due to the closing of the business or the revocation of the licensee's towing license for a violation of this section. This license is for emergency situations only and the cost will be prorated on a monthly basis.

Towing operator shall mean an individual or entity engaged in the business of providing towing and storage services.

Towing services shall mean the towing service and/or on-site vehicle repair, including tire changes, jump starts or furnishing fuel, rendered by a towing operator.

Vehicle shall mean every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.

Waiting time shall mean the time a licensee has equipment and personnel waiting at a scene to perform a towing operation.

Winching shall mean the process of moving a vehicle by the use of the tow cable from a position that is not accessible for direct hook up by conventional means for loading onto a tow vehicle. Winching shall not mean pulling a vehicle onto a flatbed or carrier or lifting a vehicle with a conventional tow truck.

Yard charge shall mean the relocation of a vehicle from the licensee's storage facility to a public roadway for removal by another towing company. It shall not apply to vehicles that are capable of being driven from the storage facility to the roadway.

(Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord. No. 2146-98 § 1)

 

4-39.2   License Required.

   No towing operator shall operate within the Township for Police-requested towing services and/or storage services unless the towing operator has obtained a license issued by the Township. (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

4-39.3   Exemptions.

a.      Owner Requested Service. No license shall be required for the on-site repair and/or towing or storage of any vehicle when the request therefor is received by the towing operator from the owner or the owner's agent prior to a Police request therefor.

b.      Towing from Private Property. No license shall be required by the Police to tow any vehicle from private property without the consent of the owner and private property owner except on the express instruction of the Police in the event of an emergency.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

4-39.4   Term of License.

   Licenses to tow shall be issued for a term of three (3) calendar years commencing January 1 of the initial calendar year. (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord. No. 2146-98 § 1)

 

4-39.5   Application for License.

a.      Form; Required Information. An application for a license shall be in writing, signed by the applicant on the form furnished by the Township, and shall contain all information necessary to evidence the applicant's identity and legal address, compliance with the requirements of this section and ability to perform the towing services and storage services contemplated by this section.

b.      Filing. Applications shall be filed by October 1 of the year prior to the license year with the Township Clerk together with the application fee specified in paragraph a. of subsection 4-39.8.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

4-39.6   Review of Application.

a.      Reference to Chief of Police. Applications received by the Township Clerk shall be referred within two (2) business days to the Township Chief of Police for his review.

b.      Inspection/Recommendations. After such examination of the applications and such inspections as the Township Chief of Police may consider necessary to evaluate the applicant's compliance with, and ability to continue to comply with, the requirements of this section, the applications shall be returned to the Township Clerk with the recommended approval or disapproval of each application by the Township Chief of Police based upon his examinations, inspections and evaluations.

         Applicants and licensees shall cooperate with any and all investigations conducted by the Township Chief of Police or his designee or other law enforcement agency working in conjunction with the Township Police. The requirement of cooperation shall continue throughout the period of application, and the duration of the license and the storage of vehicles (even if a license is no longer in effect). A license may be denied for fraud, misrepresentation or false statement in the application.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

4-39.7   Issuance of Not More Than Four (4) Licenses.

a.      Authorization. The Township Committee shall at a public meeting by resolution authorize the issuance of not more than four (4) licenses after consideration of the applications and the recommendations of the Township Chief of Police. Minor irregularities in the application may be waived by the Township Committee. In the event that more than four (4) applicants qualify for a license, the names of all qualified applicants shall be placed in a bowl, on uniform slips of paper with the identity of every applicant concealed, and the Township Clerk shall draw four (4) slips from the bowl after all applicants have received at least ten (10) calendar days' notice of the time and place where the drawing will occur. Licenses shall be issued to each of the four (4) applicants selected at the drawing. Licensees must have the favorable recommendation of the Chief of Police prior to the new license being issued.

b.      Issuance. The authorized license or licenses shall be issued by the Township Clerk in writing upon payment by the towing operator of the license fee specified in subsection 4-39.8b.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord. No. 2146-98 § 3)

 

4-39.8   Fees.

   The following schedule of nonrefundable fees is adopted for the obtaining of a towing license:

a.      Application Fee. One hundred fifty dollars ($150.00).

b.      License Fee. One thousand eight hundred dollars ($1,800.00) for a three (3) year license, payable before January 1 of the initial license year. For a temporary license for a period of less than the full term of the license, the fee shall be prorated on a monthly basis.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord. No. 2146-98 § 4)

 

4-39.9   Suspension or Revocation.

a.      General. The Township Committee shall have the right to suspend or revoke any license issued under this section for good cause upon written complaint of the Chief of Police following his determination that there is probable cause for suspension or revocation based upon violation of this section.

         A license may be denied, suspended or revoked for fraud, misrepresentation or false statement in the course of conducting the towing operation, for violation of this section, or for the conviction of the applicant, its officers or a person or entity holding a ten (10%) percent or larger interest in the applicant, of a crime involving moral turpitude or relating to the towing business. A license may also be denied if the applicant has had a towing license or contract revoked while working for any other municipal, County or State agency. Such revocation shall have occurred within a twelve (12) month period prior to making application to the Township of Millburn.

         Written notice of such complaint and the basis of the complaint shall be given to the licensee, and the licensee shall be entitled to a hearing before the Township Committee prior to final determination of the complaint by the Township Committee. If, after the hearing, a majority of the members of the Township Committee present and voting decide that there has been a violation, they may terminate or suspend the license.

b.      Emergency Suspension. A license may be suspended by the Township Chief of Police whenever the Chief in his reasonable judgment considers such suspension necessary for reasons of safety, or has reason to believe that the licensee is not covered by the insurance required by subsection 4-39.15a of this section. Such suspension shall continue until terminated by the Chief, provided that if the suspension is not terminated within three (3) business days the Chief shall file a complaint for suspension or revocation pursuant to subsection 4-39.9a, and the suspension shall remain in effect pending a determination of the complaint.

c.      Temporary License. In the event of an emergency suspension or other failure of the licensee to perform its duties under this section, the Chief of Police may issue a temporary license to a towing operator to operate during any licensee's failure to perform, should the replacement of said licensee be deemed necessary. The issuance of a temporary license shall be reported to the Township Committee immediately upon issuance. Temporary licenses may be issued for such period of time as is deemed necessary by the Chief of Police.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord. No. 2146-98 § 5)

 

4-39.10   Equipment.

a.      Required Equipment. A towing operator, when filing an application for and at all times while holding a license under this section, shall own, or lease for use in performing the services required by the license the following items of equipment:

1.     Two (2) light duty wreckers, or flat beds both types to be equipped with wheel lift.

2.     One (1) medium duty wrecker with wheel lift.

3.     Two (2) medium duty flat bed trucks with wheel lift.

4.     One (1) heavy duty wrecker with chassis lift/under-reach.

        (Above mentioned equipment classes (light/medium/heavy) must meet the standards as stated in subsection 4-39.1 of this section.)

5.     Safety equipment to be carried on all trucks shall include:

(a)     Wheel lift or chassis lift/under-reach.

(b)     "J" hooks and chains or tie-downs.

(c)     Snatch block.

(d)    Two (2) high-test safety chains.

(e)     Auxiliary safety light kit (to be placed on rear of towed vehicle that does not have functioning tail light flashers).

(f)     Rotating amber emergency lights mounted on top of truck (State issued permit required, and must be in truck).

(g)     Two (2) white work lights facing the rear of vehicle.

(h)    Two (2) safety cones w/reflective strip (minimum height eighteen (18) inches).

(i)     One (1) shovel.

(j)      One (1) broom.

(k)    Steering wheel tie-down.

(l)     Two-way communication system, radio or cellular, with communication between the licensee's base and all of the required trucks and from truck to truck.

(m)   Jumper cables or jump box.

(n)    One (1) fuel can capable of carrying five (5) U.S. gallons of fuel.

(o)     Toolbox with assorted hand tools.

b.      Tow Truck Lettering. All tow trucks operated by the licensee shall be permanently lettered on both sides in accordance with N.J. Statute Title 39 (newly purchased vehicles will be allowed a four (4) week grace period during which time a pair of magnetic signs may be used).

c.      Required Communication. Licensee shall maintain a twenty-four (24) hour phone number which is manned by the licensee's personnel. Such personnel must have constant two (2) way communication, radio or cellular, with the licensee's vehicles. Phone calls may be forwarded from the principal business location to a residence during night time hours as long as two (2) way communication can be maintained with licensee's vehicles.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

4-39.11  Storage and Garage Facilities.

a.      Inside Building Secured Storage. Each licensee shall have an indoor secured storage facility in one (1) location and with sufficient space to accommodate at least three (3) vehicles for the exclusive use of the Police Department in connection with vehicles being held as evidence or under investigation, including but not limited to criminal matters (including the forfeiture process) or death by auto. The indoor secured storage facility must be solely under the control of the licensee at all times. All storage areas must meet the requirements of N.J.A.C. 11:3-38.2 (definitions) which states, "Inside Buildings" means a vehicle storage facility that is completely indoors, having one or more openings in the wall, for storage and removal of vehicles and that is secured by a locking device on each opening. The inside building secured storage facility must be within six (6) miles, by radius, of the intersection of Parsonage Hill Road and Hartshorn Drive in the Township.

         The inside building storage space shall be capable of being locked/safeguarded against access by unauthorized person(s), employee(s).

(Ord. No. 2474-17 § 1)

b.      Outside Secured Storage. Each licensee shall have an outside secured storage area that is in one (1) location and that will accommodate fifty (50) vehicles at any one (1) time. The outside secured storage area must be solely under the control of the licensee at all times. The outside secured storage area must meet the requirements of N.J.A.C. 11:3-38.2 (definitions) which states, "Outdoor secured" means an automobile storage facility that is not indoors and is secured by a fence, wall or other manmade barrier, that is at least six (6) feet high and is equipped with a passive alarm system or a similar on-site security measure. The facility is to be lighted at night. The outside secured storage area must be within six (6) miles, by radius, of the intersection of Parsonage Hill Road and Hartshorn Drive in the Township.

c.      Equipment Facility. Each licensee shall have an area and facility adequate for the storage and servicing of the required equipment specified in subsection 4-39.10 of this section when not in use. Such equipment facility must be within six (6) miles, by radius, of the intersection of Parsonage Hill Road and Hartshorn Drive in the Township.

d.      Location/Hours/Condition. The required storage and equipment facilities shall be as follows:

1.     Principal location must be within six (6) miles by radius of the intersection of Parsonage Hill Road and Hartshorn Drive in the Township of Millburn.

2.     Outside secured storage facility (fifty (50) vehicle capacity) and inside building secured storage facility (three (3) vehicle capacity) must be within six (6) miles by radius of the intersection of Parsonage Hill Road and Hartshorn Drive.

3.     The hours of recovery of vehicles from storage shall be no less than Monday through Friday 8:00 a.m. to 5:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m., and prominently posted at all of the above mentioned facilities of the licensee and also made available at Township Police Headquarters. The vehicle shall be made available by the licensee immediately upon an emergency request by the Township Police Department. Facilities shall be kept clean and in good order to accommodate persons who may enter facilities with respect to any vehicles stored therein. The principal location, in addition to the above mentioned items, shall have adequate rest room facilities, with running water, that are clean and in good working order available to persons who may enter the facility with respect to any vehicle towed by the licensee.

e.      Unsecured Outside Storage. No unsecured storage area of any kind will be permitted for use by any licensee for storage of any vehicle towed under the license.

(Ord. No. 5-90 § 1; Ord. No. 11-97 § 1; Ord. No. 2146-98 § 6; Ord. No. 2474-17 § 1)

 

 

4-39.12   Licensee's Personnel.

a.      All tow truck drivers must have an appropriate, valid New Jersey driver's license with no restrictions or conditional endorsements, except conditions requiring glasses. Each driver/employee shall be of good moral character, mentally alert, and present a neat appearance at all times. Drivers and employees shall wear clothing bearing the licensee's name. Drivers and employees shall behave in a professional and courteous manner at all times when dealing with the Police Department and the public. Possession of a commercial license with appropriate endorsements, when required by law, shall be a minimum mandatory requirement of this section.

b.      Light and medium duty drivers must obtain Level 1 Driver Certification from a tow truck operators training course. New hires must obtain certification within nine (9) months from start of employment.

c.      Heavy duty drivers must obtain Level 2 Driver Certification from a tow truck operators training course. New hires must obtain certification within nine (9) months from start of employment. Heavy duty drivers must have CDL endorsement on their license.

d.      Recovery Supervisor must obtain Level 3 Driver Certification from a tow truck operators training course (within nine (9) months of availability) and have training from an industry recognized recovery course. On the recovery scene, not all personnel need to be recovery qualified, but a responsible recovery supervisor must have the listed requirements.

e.      The licensee must certify that it has provided ongoing training and education of its employees. The towing operator shall show proof of a minimum of six (6) hours of training per employee, per year. If good cause exists to question the training, knowledge, or driving record of any tow truck driver or other personnel, the Township Police Department shall inform the applicant or licensee which shall then be given an opportunity to show cause to the contrary.

f.       At the time of the application or at any time a new tow truck driver is assigned, the licensee shall submit to the Township Clerk, the name, driver's license number, social security number and date of birth of the tow truck driver prior to the driver's operation of any tow truck pursuant to a Township Police Department request.

g.      No licensee shall employ directly or indirectly any officers of the Township Police Department.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 2146-98 § 7)

 

4-39.13   Towing and Storage Services.

   Towing and storage services shall be governed by the following provisions:

a.      The schedule when a licensee will be on duty will be set by the Township Police Department's Traffic Bureau and approved by the Chief of Police.

b.      Licensee will respond to all police requests for towing and/or road service, when requested by a Police dispatcher or any other Police officer expressly authorized to communicate such a request. Licensee will respond with the number of tow trucks requested to the scene within a reasonable time. Such reasonable time shall be deemed to be within twenty (20) minutes under normal atmospheric conditions.

c.      If a licensee is wholly or partially unable to respond due to failure of any equipment or personnel insufficiencies, the licensee will immediately notify the Police Department who will contact the next towing company in the rotation to handle the request. If such an incident occurs, the licensee will furnish, in writing, within five (5) business days, the details of the circumstances which caused the failure to respond to the Township Police Department's Traffic Bureau which will make a determination if a follow-up investigation and/or inspection of the licensee's facility is required.

d.      Tow trucks of a licensee shall not cruise roadways within the Township for business and shall not respond to any scene where towing may be required except upon request of the Township Police Department or as permitted under subsection 4-39.3a of this section.

e.      No rotating or flashing lights or sirens shall be used on a tow truck except as permitted by N.J. D.M.V./D.O.T. (39:3-50), and all vehicles operated by the licensee shall have a current permit for said lights issued by the D.O.T. along with all other required vehicle documents.

f.       All tow trucks shall be operated in accordance with all existing traffic regulations and in a safe and prudent manner. Tow truck drivers will request Police assistance when they find it necessary to turn around, back up, tow in a direction opposite the flow of traffic, cross a median, or other hazardous situation during the course of providing service or towing.

g.      Each licensee will be responsible for all vehicles and visible contents in their custody that are towed off the roads under direction of the Police and shall make an inventory at the scene to note such contents of each vehicle.

h.      No vehicle will be removed from any roadway within the Township without proper authorization from the Police at the scene, or the vehicle owner or operator as the case may be.

i.       No licensee shall be required to tow to an area farther than the licensed storage area between the hours of 6:00 p.m. and 8:00 a.m. unless said licensee agrees to tow farther. If licensee agrees to tow farther than the licensed storage area between 6:00 p.m. and 8:00 a.m. he/she will only do so if adequate towing coverage will be available to the Township.

j.       The investigating officer and/or supervisor at the incident scene is in complete charge of the incident scene (excluding actual towing operations), and all tow truck drivers shall comply with the officer/supervisor's instructions.

k.      Each licensee, prior to departing from the scene of towing services, shall be required to clean and clear the roadway of any debris resulting from any accident at such scene when rendering towing services, and at all times carry the necessary equipment to perform such cleaning services. Such equipment shall minimally include, but is not limited to, a broom and shovel. The licensee may charge the owner's insurance company for the services rendered.

l.       In the event a licensee refuses to tow or render services at the scene of an accident or disabled vehicle when requested by the Police or vehicle owner/ operator, the officer assigned to the incident shall report the refusal to his supervisor with all pertinent details.

         Police Department S.O.P. will be followed to secure a service to clear the scene and the report of the refusal shall be forwarded to the Township Chief of Police and Township Traffic Bureau as soon as possible for evaluation and follow-up of the licensee's refusal to perform its obligation under the license. No towing operator shall be required to tow any vehicle in an unsafe manner or in such a way as to cause unnecessary damage to the vehicle towed or that may cause damage to the towing vehicle.

m.     Each licensee shall be required to keep up-to-date records of all vehicles towed in conjunction with this license. Each licensee shall provide the Township Police Traffic Bureau with a list every Friday by noon of all vehicles towed by order of the Police (impounded), or that continue to remain left in storage for five (5) calendar days. (Owners of vehicles will be notified by the Police Department that vehicles are in storage.)

n.      Vehicles impounded or confiscated by the Police and stored by the licensee shall not be released by the licensee without written authorization by the Police Department.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord. No. 2362-10)

 

4-39.14  Towing and Storage Charges.

   Towing and storage charges shall be paid by the owner of a vehicle towed and/or stored by a licensee at Police request. Such charges shall be as follows:

a.      Towing Services. The following is the fee schedule for towing services (the fees do not include State taxes):

1.     Passenger Vehicle Rates

        Basic Towing Service:

        Day or Night Rate–Light duty tow                                                       $100.00

        Day or Night Rate–Medium duty tow                                                  $200.00

        Mileage Charges:                                                                         $3.00 per mile

        Mileage charge will only be assessed if the vehicle is to be towed outside the boundaries of the Township, from the point of pick up to the point of drop off.

        All Charges will be for a minimum of one (1) hour.

        Road Service:

        Day or Night Rate                                                                                     $80.00

        (Price does not include the cost of fuel for vehicles out of gas)

        Recovery and/or Winching Service (per hour):                                     $90.00

        To be charged in thirty (30) minute increments with a one-half (1/2) hour minimum.

        Rollover of cars                                                                                        $120.00

        Clean-up and/or labor charge (per hour):                                               $50.00

        Municipal Vehicles:

        Towed within Municipality                                                        $50.00 flat fee

        Towed outside of Municipality                                                $150.00 flat fee

        (There will not be a fee for mileage, tow hookup, winching service, clean-up and/or labor charge, etc.)

        Charge for clean and/or removal of debris or mechanical work to ready vehicle for towing. This charge shall be in effect for additional manpower needed at scene (per man per hour). To be charged in thirty (30) minute increments with a one-half (1/2) hour minimum.

        Waiting Time (per hour):

        To be charged in thirty (30) minute increments beginning after the first fifteen (15) minutes on the scene with a one-half (1/2) hour minimum.

2.     Heavy Duty Rates (Non-Passenger Vehicles):

        Basic Towing Service (per hour):                                                          $400.00

        To be charged in thirty (30) minute increments with a one (1) hour minimum.

b.      Storage Charges.

         Inside Secured Storage (per calendar day)                                                    $50.00

         Vehicles over twenty-two (22) feet in length will be charged double the rate.

         Outside Secured Storage (per calendar day)                                                 $40.00

         Vehicles over twenty-two (22) feet in length will be charged double the rate.

         Yard Charge:                                                                                                      $40.00

         For relocating a vehicle incapable of being driven from the licensee's storage facility to a public roadway for removal by another company.

c.      The licensee shall accept a minimum of two (2) major credit cards twenty-four (24) hours a day, and must be able to do so both at the principal location and by drivers on the road at the time service or tow is performed.

d.      The Township and its Police Department shall not be liable to a licensee with respect to towing and/or service rendered to any owner pursuant to the license or otherwise. The licensee shall look to the registered owner of such vehicle for payment of towing and/or storage service charges or any other compensation.

e.      If a vehicle is towed by a licensee to premises controlled by the Police Department for the purpose of utilizing the vehicle or its contents as evidence, or in an on-going criminal investigation, such vehicle shall not be released from Police Department custody, except to the licensee, unless the owner of the vehicle furnishes the Police Department with a receipt that all applicable fees for towing and/or service have been paid in full. A second fee may be charged if the vehicle is removed to the licensee's storage area or other destination desired by the Police or vehicle owner. If a vehicle is released by the Police to any party other than the licensee without proper receipt, the Township shall be responsible for all charges, but may pursue its remedy against the owner or other person/s responsible.

f.       An administrative fee of twenty ($20.00) dollars shall be paid to the Township for each vehicle towed by the licensee in accordance with this section. This fee is to be paid by the licensee on a monthly basis upon the filing of monthly reports in form satisfactory to the Millburn Police Department Traffic Bureau. All reports and payments must be received by the fifteenth of the next month. Failure to comply shall result in a Temporary License Suspension.

g.      Licensee shall not charge a storage or towing fee when it tows a vehicle designated to be impounded or stored as part of a criminal investigation (including seizure) by the Millburn Police Department or other law enforcement agency operating within the Township of Millburn, except that this provision shall not prevent the Licensee from seeking restitution, including storage or towing fees, in a criminal prosecution resulting from the criminal investigation.

(Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord. No. 2362-10; Ord. No. 2474-17 § 2)

 

 

4-39.15   Insurance.

   The licensee shall have in effect, prior to application and at all times during the term of the license, the following insurance.

a.      Garage keepers' liability policy in the amount of five hundred thousand dollars ($500,000.00) for any one (1) claimant, and one million dollars ($1,000,000.00) for more than one (1) claimant with five hundred thousand dollars ($500,000.00) coverage for property damage for any one (1) event.

b.      Automobile liability insurance issued by a financially sound insurance corporation of, or authorized to transact business in, the State, insuring the licensee and every tow truck operator against liability imposed by law for damages because of bodily injury, including death, sustained by any person and injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance or use of the tow trucks of the licensee.

         The amount of the limits of liability coverage to be offered by such policy shall be five hundred thousand dollars ($500,000.00) for bodily injury to each person, one million dollars ($1,000,000.00) for bodily injuries in each accident and five hundred thousand dollars ($500,000.00) for property damage in each accident.

c.      The licensee shall supply a Certificate of Insurance to the Township Clerk describing every policy of insurance and identifying the Township as an insured party. Each such Certificate of Insurance shall contain a provision that no cancellation of the policy shall become effective until after the expiration of fifteen (15) days' written notice of such proposed cancellation forwarded by the insurance company to the Township Clerk.

         (Ord. No. 5-90 § 1; Ord. No. 11-97 § 1)

 

4-39.16   Indemnity.

   The application of any towing operator for a license pursuant to this section shall include an agreement by the towing operator that upon the issuance of a license the licensee shall indemnify the Township against all claims of third parties relating to towing and/or storage service of the licensee. (Ord. No. 5-90 § 1; Ord. No. 11-97 § 1)

 

4-39.17   Motor Vehicle Information.

   The Township Police Department shall provide, when requested, towing operators with Department of Motor Vehicles information regarding registered owners and lien holders. The information requested and given shall be in conformance with N.J.S.A. 39:10A et seq. and shall not in any way violate the confidentiality that is reposed in the Police Department. (Ord. No. 5-90 § 1; Ord. No. 11-97 § 1)

 

4-39.18   Supplementary Rules and Regulations.

a.      The Township Chief of Police may issue rules and regulations from time to time on the operation of towing services and storage facilities to implement but not exceed the purpose of this section.

b.      Such rules and regulations shall be issued by publication in a newspaper in the Township. Copies shall be mailed to any and all towing operators licensed by the Township or any interested parties who request such copies.

c.      Towing operators may, in writing, request a hearing before the Township Business Administrator within thirty (30) days of the issuance of the rules and regulations.

         (Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

4-39.19   Enforcement.

   The Township Chief of Police is hereby designated to enforce the provisions of this section in accordance with due process of law. (Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

4-39.20   Copies of Regulations and Fees.

   Copies of such rules and regulations, this section and the fee schedules of the licensees shall be made available to the public at the Township Police headquarters during normal business hours. (Ord. No. 4-93 § 1; Ord. No. 11-97 § 1)

 

 

4-40   SIDEWALK CAFES.

 

4-40.1   Definition.

   Sidewalk cafe shall mean a restaurant, fast-food restaurant or retail food establishment which is a permitted use under the Township's Development Regulations and Zoning Ordinance and which holds a valid license to serve food to be consumed by the public at tables located within the restaurant's lot area or on the sidewalk in front of the restaurant. (Ord. No. 19-95 § 1)

 

4-40.2    License Required; Term.

   No person shall operate a sidewalk cafe within the Township without having first obtained a sidewalk cafe license in accordance with the requirements of this section. The license shall be issued by the Township Committee and may contain conditions. The license shall not be transferable and shall be for the period of January 1st through December 31st of the issuing year. The license shall, however, be subject to future amendments to this section or other applicable regulations. (Ord. No. 19-95 § 1; Ord. No. 2211-03 § 1; Ord. No. 2347-09 § 1)

 

4-40.3    Application for License.

   Each applicant for a sidewalk cafe license shall submit an application to the Township Clerk on forms furnished by the Township Clerk at least two (2) months prior to the commencement of the license period together with the license fee. The application shall set forth:

a.      The name and address of the applicant.

b.      The name and address of the owner of the restaurant of which the sidewalk cafe is a part.

c.      The written consent to the application by the owner of the restaurant (if other than the applicant).

d.      A description of the dimensions of the area and all temporary structures, equipment and apparatus to be used in connection with operation of the sidewalk cafe, including (but not limited to) tables, temporary fences and barriers, planters, benches, chairs and umbrellas (if any).

e.      A statement of the seating capacity of the proposed sidewalk cafe and of the existing restaurant.

f.       A sketch drawn to scale (but not necessarily by a professional) of the proposed design and location of the sidewalk cafe, including the location of all appurtenances, demonstrating that pedestrian traffic will not be impeded and that the provisions of subsection 4-40.5a will be satisfied. The sketch required by this paragraph shall be reviewed by the Construction Code Official/Zoning Officer.

g.      The entire application shall be reviewed by the Police Department for public safety and Alcoholic Beverage Control issues, the Fire Official for public fire safety, and the Health Officer for health issues. The review and report on the applications shall be completed by Township Officials and acted on by the Township Committee within one month of filing of the application.

h.      Enforcement of the requirements and specifications for sidewalk cafes shall be the responsibility of the Police Department, Fire Official, Health Officer, Zoning Officer and Code Enforcement Officer.

         (Ord. No. 19-95 § 1; Ord. No. 2211-03 §§ 2-4; Ord. No. 2347-09 § 2)

 

4-40.4    License Fee.

   The following fees are set for Sidewalk Café Licenses:

Application Fee—

$50.00

Café Rates/Fees—

 

 

1 to 8 seats w/no more than 2 tables

$100.00

 

9 to 12 seats w/no more than 3 tables

$150.00

 

13 to 16 seats w/no more than 4 tables

$200.00

 

17 to 20 seats w/no more than 5 tables

$250.00

 

21 or more seats with 6 or more tables

$400.00

(Ord. No. 19-95 § 1; Ord. No. 2211-03 § 5; Ord. No. 2347-09 § 3; Ord. No. 2361-10)

 

4-40.5    Requirements and Specifications.

a.      All furniture, equipment or decoration used in connection with a sidewalk cafe shall be located in such a way that there shall be a minimum of five (5') feet of paved sidewalk for use by the public between the curb and the operations of the sidewalk cafe and shall not exceed the width of the storefront unless the owner of the property adjacent to the sidewalk cafe files a written consent to the application for the adjacent property.

b.      No sidewalk cafe license shall be issued unless the licensee shall have first filed with the Township Clerk a copy of an insurance policy or certificate of insurance, issued by a company duly authorized to transact business under the laws of New Jersey, providing for the payment of not less than one million dollars ($1,000,000.00) to satisfy all claims for damage by reason of bodily injuries to, or the death of, any person as a direct or indirect result of the operation of the sidewalk cafe or for injury to any person occurring on the premises occupied by such cafe, and further providing for the payment of not less than ten thousand dollars ($10,000.00) to satisfy all claims for property damage occurring as a direct or indirect result of the operation of such cafe. The policy and certificate shall name the Township of Millburn as an additional insured and provide for ten (10) days' written notice plus three (3) days mail service of any proposed cancellation of the policy to the Township Clerk.

c.      No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the Township Clerk an indemnification agreement on the form provided by the Township Clerk pursuant to which the licensee shall agree to forever defend, protect, indemnify and save harmless the Township of Millburn, its officers, agents and employees, from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of, or which may arise out of, the licensee's operation of such sidewalk cafe.

d.      The property shall be maintained as required by applicable Township regulations including the Property Maintenance Code and Chapter 12 of the State Sanitary Code.

e.      Wine and beer are the only alcoholic beverages which may be consumed at a sidewalk cafe on the condition that table service is provided.

f.       Operating hours shall be between the hours of 7:00 a.m. and 11:00 p.m.

g.      The licensee shall be responsible for maintaining good order and control of patrons and the sidewalk cafe premises.

h.      Enforcement of the requirements and specifications for sidewalk cafes shall be the responsibility of the Police Department, Health Officer, Fire Official, Zoning Officer and Code Enforcement Officer. The review and report on the applications shall be completed by Township Officials and acted on by the Township Committee within one month of the filing of the application.

i.       Food preparation, cooking or storage of any food items is prohibited outside the establishment at all times.

         (Ord. No. 19-95 § 1; Ord. No. 2211-03 §§ 6, 7; Ord. No. 2347-09 § 4)

 

4-40.6   Revocation of License; Notice of Hearing; Penalty.

a.      Licenses issued under the provisions of this section may be revoked by the Township Business Administrator after hearing on notice for any of the following causes:

1.     Fraud, misrepresentation or false statement contained in the application for license.

2.     Any violation of this section or applicable law or Township regulation.

b.      Notice of the hearing for revocation of license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for the hearing.

c.      The penalty upon an adverse finding for a first offense shall range from a letter of reprimand to a suspension of from one (1) to thirty (30) days of the sidewalk cafe license, for a second offense a suspension of from thirty (30) to sixty (60) days and for a third offense a suspension of sixty (60) days to one (1) year.

         (Ord. No. 19-95 § 1; Ord. No. 2211-03 § 8)

 

 

4-41     LICENSES FOR COMMERCIAL AND MOVIE FILMING.

 

4-41.1    Definitions.

Filming shall mean the taking of still or motion pictures, either on film, videotape, or similar recording medium, for any purpose intended for viewing on television, in theatres, for advertising purposes, or for institutional uses.

Major motion picture shall mean any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:

1.     Universal Pictures;

2.     Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire;

3.     Paramount, including MTV Films and Nickelodeon Movie;

4.     20th Century Fox, including Fox Searchlight;

5.     Sony/Columbia;

6.     Disney/Miramax;

7.     MGM-United Artists;

8.     Dreamworks;

9.     Any film for which the budget is at least five million ($5,000,000.00) dollars; and

10.   Recurrent television series programming.

News stories shall mean the reporting or summarizing of information concerning something that has either recently taken place or of current events of general interest and includes such features commonly known as newscasts, news bulletins and news anthology programs.

Nuisance shall mean a condition, activity or situation that interferes with the use or enjoyment of property.

Student films shall mean motion picture or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled.

(Ord. No. 2371-11)

 

4-41.2    Permit Required; Issuance

a.      No person shall film or permit filming within the Township of Millburn on any public or private property, public right-of-way, facility, and/or residence without first applying for and receiving a permit from the Township Clerk of the Township of Millburn. The permit shall be applied for no less than five (5) working days prior to the requested first day of filming, provided however, that the Township Clerk may waive the five (5) working day period if, in his/her judgment, the applicant has obtained all related approvals, has provided all of the submittals required by this section, and has obtained the written consent of all property owners who would be entitled to notice pursuant to subsection 4-41.3. The permit shall set forth the approved location of such filming, and also the approved duration of such filming, by specific reference to days and dates set forth the approved location of such filming, and also the approved duration of such filming by specific reference to days and dates.

b.      Permits shall be obtained in the Office of the Township Clerk and the permit application shall be in a form approved by the Township Clerk and shall be accompanied by a permit fee in the amount established by this subsection 4-41.10.

c.      No permit shall authorize filming for more than three (3) consecutive days in any one location and in no event shall filming at one location within the Township exceed ten (10) days in any one calendar year. Either or both of the three-consecutive-day and the ten-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by subsection 4-41.1 of this section and is approved by the Township Committee. The hours of filming set forth within subsection 4-41.4 of this section may be extended only if the applicant demonstrates that the requirements of subsection 4-41.7 of this section have been met.

d.      Said permit must be readily available for inspection by Township officials at all times at the site of the filming.

e.      If the filming does not take place on the dates specified in the permit due to inclement weather or other good cause, the Township Clerk may issue a new permit at no additional fee.

         (Ord. No. 2371-11)

 

4-41.3    Conditions for Issuance of a Permit.

   No permit shall be issued for filming within the Township of Millburn unless the applicant for such permit:

a.      Provides proof of insurance coverage including but not limited to:

1.     For bodily injury to one person in the amount of one million ($1,000,000.00) dollars and any aggregate occurrence in the amount of three million ($3,000,000.00) dollars.

2.     For property damage for each occurrence in the aggregate amount of three hundred thousand ($300,000.00) dollars.

b.      Specifies in writing that the Township of Millburn will be indemnified and held harmless from any and all liability and damages. Such writing shall be in a form approved by the Township Clerk.

c.      Posts cash or maintenance bond for the value of five thousand ($5,000.00) dollars protecting and insuring that the location utilized for the filming will be left in a satisfactory condition, free of debris, rubbish, and equipment, and that due observance of all Township ordinances and laws will be followed. The Township will return the bond within seven (7) days of the completion of filming if there has been no damage to the public property or public expense caused by the filming.

d.      Takes all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all the lawful directives issued by the Township of Millburn Police Department, Fire Department, Building Department and other departments with respect thereto.

e.      Provides proof of notice by the applicant to owners of properties located, within two hundred (200) feet of the property lines of the premises for which the permit is requested as measured along public streets. Such notice shall be in writing and shall advise the property owner of the date or dates upon which filming is to take place. Such notice shall either be personally served or served by Certified Mail/Return Receipt Requested upon the property owners entitled to receive the notice. Upon the written request of the applicant, the Township shall, within seventy-two (72) hours of such request, make and certify a list from the current tax duplicates of the addressees of property located within the Township of Millburn within two hundred (200) feet of the property lines of the premises for which the permit is requested, together with the names and addresses of record owners thereof. Notice to owners of properties in adjoining municipalities shall be given by personal service or by Certified Mail/Return Receipt Requested to the Clerk of such adjoining municipality. Failure to give notice to property owner on the list shall not invalidate the permit if proof of an attempt is shown. Prior to commencing filming, the applicant shall file an affidavit of proof of service with the Township Clerk.

(Ord. No. 2371-11)

 

4-41.4    Regulations.

a.      In residential zones, filming shall be permitted Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.

b.      The holder of a permit shall conduct filming such that the activity does not create a nuisance, as defined herein. The permit holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands.

c.      The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon completion of filming or the expiration of the permit, whichever comes first.

d.      The permit holder shall comply with all lawful directives issued by the Township of Millburn Police Department, Fire Department, and Building Department and comply with all other applicable laws. When, in the judgment of the Police Chief, Fire Chief or Construction Official, that the presence of the Police, Fire or Code Enforcement personnel are required in connection with the filming, the applicant shall reimburse the Township for the costs of such personnel.

e.      The holder of the permit shall not conduct filming in such a manner as to preclude access to adjoining properties from the public street or to encroach upon adjoining property without the express written consent from the owner and occupant thereof.

f.       Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right-of-way to the maximum extent permitted. Vehicles should not be parked so as to encroach upon private property without the express written consent from the owner or occupant thereof. Vehicles parked in the public right-of-way shall comply with all applicable parking and traffic regulations. Vehicles parked or located in violation hereof may be towed by the Township of Millburn and the cost thereof shall be reimbursed to the Township.

g.      The holder of the permit shall not permit any lights used in connection with the filming to shine directly into any windows on any other property or permit any noise to extend across property lines that is otherwise in violation of the Township's Noise Restrictions Ordinance at Section 3-7 of the Revised General Ordinances of the Township of Millburn. In the event of a violation thereof, the Township may abate such violation and charge the cost thereof to the permit holder.

         (Ord. No. 2371-11)

 

4-41.5    Denials and Revocation of Permits.

a.      The Township Clerk may refuse to issue a permit or revoke a permit, whenever he/she determines, on the basis of objective facts and after a review of the application and input thereon by the Police Department and/or other agencies impacted, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, unreasonably interfere with the public's use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.

b.      The Township reserves the right to require one or more patrolmen on site, in situations where the filming may impede the proper flow of traffic. The cost of said patrolmen shall be borne by the applicant as a filming cost. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

         (Ord. No. 2371-11)

 

4-41.6    Appeals.

a.      Any person aggrieved by a decision of the Township granting, denying or revoking a permit may file a written notice of appeal for consideration by the Township Committee. Such notice of appeal shall be filed with the Township Clerk and shall set forth the reasons for the appeal.

b.      An appeal from the decision of the Township shall be filed within ten (10) days of said decision. The Township Committee shall set the matter down for a hearing within thirty (30) days of the filing of the Notice of Appeal. The decision of the Township shall be in the form of a resolution by the second regularly scheduled public meeting, after the hearing of the appeal. The appellant may agree in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Township shall be deemed to be reversed.

         (Ord. No. 2371-11)

 

4-41.7    Waiver of Requirements of Section.

   The Township may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this subsection, the Township shall consider factors including but not limited to:

a.      Traffic congestion at the location;

b.      The applicant's ability to remove film-related vehicles off public streets;

c.      Whether the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming;

d.      Nature of the film shoot itself: e.g. indoor or outdoors, day or night, on public or private lands;

e.      Whether there was consultation with the Township Committee.

(Ord. No. 2371-11)

 

4-41.8    Copies of Permit; Inspection.

   Copies of the approved permit shall be sent to the New Jersey Motion Picture and Television Commission, as well as the Township Police, Fire and Building Departments, before filming takes place. The applicant shall permit Township inspectors to inspect the site and equipment to be used. The applicant shall comply with all safety instructions issued following such inspections. (Ord. No. 2371-11)

 

4-41.9    Reimbursement of Certain Costs.

   In addition to any and all other fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue, including but not limited to, repairs required to public property, and any revenue that the Township was prevented from earning because of the filming. (Ord. No. 2371-11)

 

4-41.10  Fees.

a.      The fee schedule for permits authorized under this section shall be as follows:

1.     Basic filming permit: one hundred fifty ($150.00) dollars except where applicant requests a waiver pursuant to subsection 4-41.2a. requiring expedited processing of a permit application, in which case, the basic filming permit fee shall be five hundred ($500.00) dollars.

2.     Daily filming fee payable in addition to the basic filming permit fee: six hundred ($600.00) dollars per day.

3.     Daily filming fee payable in addition to the basic filming permit fee for a major motion picture: one thousand five hundred ($1,500.00) dollars per day.

4.     Overnight parking/use of Township property: five hundred ($500.00) dollars per day.

Ord. No. 2371-11)

 

4-41.11  Exemptions.

   The provisions of this section relating to the requirements for and the issuance of permits shall not apply to the filming of news stories and student films, provided, however, that such filming shall comply with the following requirements:

a.      In residential zones, the filming shall, to the extent possible, occur only Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.

b.      Filming shall be conducted in such a manner as to minimize the inconvenience to adjoining property owners or the interference with previously scheduled activities or normal public activities upon public lands. Recreation Department shall be contacted for all park/recreation lands and adjacent parking lots for their approval.

c.      Filming shall be conducted so as to minimize the creation and spread of debris and rubbish during filming and, upon the completion of the filming, those conducting the filming shall remove all equipment, debris and other rubbish from the filming location.

d.      To the extent practical, advance notification shall be furnished to the Township of such filming.

e.      Filming shall comply with all lawful directives issued by the Township of Millburn Police, Fire and Building Departments.

f.       Filming shall be conducted in such a manner as to not preclude access to adjoining properties from the public street or to encroach upon adjoining property without the express written permission from the owner thereof.

g.      Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right-of-way to the maximum extent permitted. Vehicles should not be parked so as to encroach upon private property without the express written consent from the owner or occupant thereof. Vehicles parked in the public right-of-way shall comply with all applicable parking and traffic regulations. Vehicles parked or located in violation hereof may be towed by the Township of Millburn and the cost thereof shall be reimbursed by the owner.

h.      Lights used in connection with the filming shall not shine directly into any window or upon other property nor shall any noise from the filming extend across property lines in excess of the limitation specified in the Township's "Noise Restrictions" ordinance at Section 3-7 of the Revised General Ordinances of the Township of Millburn.

         (Ord. No. 2371-11)

 

4-41.12  Penalty.

   A person violating any part of this ordinance shall be subject to a fine not to exceed two thousand ($2,000.00) dollars. In the case of continuing successive violations, a separate offense shall be deemed committed on each day during on or which a violation of this ordinance occurs or continues. Any penalty assessed pursuant to this provision is in addition to and is not affected by the authority of the Township Clerk to revoke the permit for a violation of the ordinance as hereinbefore provided. (Ord. No. 2371-11)



*For State law as to transient merchants, or itinerant vendors generally, see N.J.S.A. §§ 45:24-1 to 45:24-8.

*For State law as to hawkers and peddlers generally, see N.J.S.A. §§ 45:24-9 to 45:24-13.

    As to loud, unnecessary noises caused by hawkers and peddlers, see  subsection 3-7.2f. of this code. As to sales in public parks, see  subsection 8-2.1f. of this code.

**For State law authorizing the Township to license and regulate hawkers and peddlers, see N.J.S.A. § 40:52-1(c).

CHAPTER IV GENERAL LICENSING
Published by ClerkBase
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