CHAPTER V  LICENSES*

 

 

5-1          Peddlers, Solicitors, Canvassers, Vending Machines and Mercantile License.

 

            Editor's Note: Prior ordinances codified herein include portions of Ordinance No. 395, 404, 421, 582, 770, 786, 807,1013,1043,1223,1226 and 1491.

 

5-1.1       Definitions.

   a.   Business. The term "business" shall include all kinds of vocations, supply services, occupations and professions, enterprises, stores, establishments and all other kinds of activities and matters relating thereto, other than businesses licensed by the State of New Jersey, together with all devices, machines, vehicles and appurtenances used therein and any of which are conducted for private gain or benefit, either directly or indirectly, on any premises of the Township of Ocean or anywhere else within its jurisdiction.

   b.   Peddler. The term "peddler" shall mean any person commonly referred to as a peddler or hawker, who goes from place to place by traveling on the streets or from house to house, and carries with him goods, wares and merchandise for the purpose of selling and delivering them to a consumer or consumers.

   c.   Transient Merchant. The term "transient merchant" shall mean any person commonly referred to either as a transient merchant or itinerant vendor, who engages temporarily in business in this township on any street, or by occupying a room, building, lot or other premises for the purpose of selling goods, wares and merchandise. The term "transient merchant" shall also mean any person who conducts any traveling or street show, carnival or circus, and who in connection therewith, sells or displays for sale any goods, wares and merchandise.

   d.   Transient Merchant Peddler. The term "transient merchant peddler" shall mean any person who engages in business in the manner defined by the preceding paragraph and who, in pursuance thereof, becomes a peddler or hawker or hires a peddler or hawker, as hereinabove described.

   e.   Canvasser or Solicitor. The term "canvasser" or "solicitor" shall mean any person who goes from place to place, house to house, or person to person, selling or taking orders or offering to sell or take orders for goods, wares, merchandise, real estate or any article, for future delivery, or for services to be performed in the future or for the making, manufacture or repair of any article or thing whatsoever, for future delivery or for the solicitation of money except as otherwise set forth herein. (Ord. No. 2016-2258)

   f.    Juke Box. The term "juke box" shall mean any apparatus for the automatic delivery or dissemination of sound and music upon the insertion of a coin in a slot or other opening.

   g.   Vending Machine. The term "vending machine" shall mean any apparatus for the automatic delivery of an article or service, or sound, upon the insertion of a coin in a slot or other opening.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.2       Permit or License Required.

   a.   Peddlers, Transient Merchants, Transient Merchant Peddlers, Canvassers and Solicitors. No peddler, transient merchant, transient merchant peddler, canvasser or solicitor shall sell or dispose of, or offer to sell or dispose of, or solicit for, any wares, goods, merchandise or services within the Township of Ocean, without first having obtained a permit therefor in accordance with the provisions of this section and without having paid the permit fee as hereinafter prescribed. (Ord. No. 2016-2258)

   b.   Juke Boxes, Music Vending Machines and Merchandise Vending Machines. No person shall install, maintain, operate or possess, in any store or building where business of any character is conducted, or other place where the public is invited or where the public may enter, or in any building or place wherein any group or organization meetings are held, within the Township of Ocean, any machine or machines of the type commonly known as juke boxes, other types of music vending machines or merchandise vending machines of all types or kinds, without first having obtained a license therefor in accordance with the provisions of this section and without having paid the license fee as hereinafter prescribed.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.3       Exceptions.

    The requirements of this section shall not apply to the following persons:

   a.   Any person selling fruits, vegetables or farm products grown by himself/herself, with or without the help of others.

   b.   Any honorably discharged veteran of the armed services of the United States, as defined in, and who has procured a license under, the provisions of N.J.S.A. 45:24-9 et seq.

   c.   Any person who conducts a judicial sale under the authority of State or Federal laws.

   d.   Any exempt member of a volunteer fire department, volunteer fire engine, hook and ladder, hose supply company, or salvage corps of any municipality, or fire district in this State, who holds an exemption certificate issued to him/her as an exempt member of any such department, company of corps, who is a resident of the State of New Jersey and who has procured a license in the manner and under the conditions prescribed in N.J.S.A. 45:24-9, et seq.

   e.   Any person soliciting for a lawful religious, charitable, educational or political organization.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.4       Application for Permit of License: Fee.

    Any person applying for a permit or license under this section shall file with the Township Police Department, Township License Officer, in accordance with the provisions which follow, an application for such permit or license, together with the appropriate fee prescribed in this subsection and subsection 5-1.13, which fee shall be returned if such permit or license is rejected.

   a.   Any person desiring a permit as a peddler, solicitor, transient merchant, transient merchant peddler, canvasser or solicitor shall furnish the following information on forms to be supplied by the Police Department.

        1.     Name and physical description of applicant.

        2.     Permanent home and local address of applicant.

        3.     Name and address of employer or firm represented.

        4.     Place or places of residence of the applicant for the preceding three years.

        5.     A description of the nature of merchandise to be sold or offered for sale or the nature of the service to be furnished or literature to be distributed.

        6.     Date on which the applicant desires to commence such activity and length of time for which the license is requested.

        7.     Three business references.

        8.     The number, if any, of convictions for misdemeanors, crimes or other infractions of the law in the nature of a criminal offense, and the nature of the offenses for which convicted.

        9.     Such applicant shall also furnish to the Township Police Department two recent photographs of himself, one of which shall be approximately two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.

        10.  The applicant shall additionally supply to the Township Police Department a letter from the firm or organization for which he intends to solicit, authorizing the applicant to act as its representative.

        11.  Any person applying for a permit as a canvasser or solicitor shall pay an investigation fee in the amount of fifty ($50.00) dollars to cover the investigation of the application by the Police Department of the Township pursuant to subsection 5-1.5. Upon renewal of an existing permit by any person, the investigation fee shall be reduced below the twenty-five ($25.00) dollars to encompass only the actual clerical and investigation cost for such renewal.

   b.   For persons soliciting on behalf of religious and charitable organizations, in addition to such other information as may be required by the township police department, the applicant, local chairman or other person in charge of the solicitation shall set forth upon his application the names and addresses of all persons authorized to solicit on behalf of such religious or charitable organization for the period of the permit, and shall attach to the application the form of identification card to be carried by each person engaged in such solicitation, with the  following proviso. When the intended solicitation is to be made by school children under the age of 19 who reside in the Township of Ocean, and is for the purpose of raising funds for the assistance of local schools and churches, the permit shall be secured in the manner hereinabove provided, except that the identification cards may be signed by any member of the committee in charge of said solicitation for such local school or church; provided, however, that the chairman of said committee has filed his signature with, and as part of, the application for permit made by such chairman. As indicated in subsection 5-1.3, no more than 20 cards shall be issued to any one group at any one time.

   c.   Any person desiring a license for the use, possession, operation, installation or maintenance of a juke box, other type of music vending machine, or any type or kind of vending machine other than a food vending machine, shall furnish the following information on forms to be supplied by the township license officer:

        1.     Name of applicant.

        2.     Home address of applicant.

        3.     Exact location or locations where said juke box or other type of vending machine will be located.

        4.     Type of vending machine for which the license is requested and a description of the types of wares to be vended.

        5.     Exact location of the store or other public place where the machine will be placed and the name of the store in which said vending machine will be located.

        6.     Zone in which the machine will be operated.

        7.     Such other information as may be required by the township council.

   d.   Any person desiring a license for the use, possession, operation, installation or maintenance of any type of food vending machine shall furnish the same information contained in subsection c. above on forms to be supplied by the township health department.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.5       Investigation.

   Following the filing of any application for a permit to peddle, solicit or canvass under the provisions of this section, the Chief of Police of the Township shall conduct an investigation to ascertain the truth of the statements made by the applicant upon his application and any such other investigation of the applicant's business and background as he deems necessary for the protection of the public good. Except where a person has applied under this chapter to solicit for or on behalf of a religious, educational or political nonprofit organization, the Chief is authorized to submit applicant fingerprint cards and receive State criminal history record information from the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this section. Each applicant shall be responsible to pay any State and/or Federal user fees related to the processing of a criminal history check. If, as a result of such investigation, the applicant's background or business responsibility is found to be unsatisfactory according to the guidelines as set forth below, the Chief of Police shall endorse his disapproval and the reasons thereof on the application and the permit shall not be issued. No permit shall be issued to any individual who has been convicted of a felony within the past five years which, in the discretion of the Police Department, would indicate that the individual is a threat to the health, safety and welfare of the community. The background investigation by the Division of State Police is for a three (3) year period. (Ord. 1590, §1; Ord. 1602, §1; Ord. 1664, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.6       Time Permitted for Investigation.

   The above investigation by the Chief of Police shall be completed within 20 days of the date of filing of the application and the permit either issued or denied within that time period. Should said investigation be delayed for any reason beyond the control of the Township, said time permitted for investigation shall be automatically extended as necessary. (Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.7       Issuance of Permit.

   If, upon completion of such investigation, it appears that the statements made by a potential canvasser, peddler or solicitor upon the application are true and that the applicant has not been disqualified as a result of a conviction for one of the above offenses, the Chief of Police shall endorse his approval, and the permit will be issued by the appropriate Township department. The permit shall show the name, address and photograph of the applicant, the kind of goods or services to be sold or performed or distributed thereunder, the date of issuance and the date on which such permit shall expire. Hours of operation must be displayed in bold on front of badge. (Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.8       Procedure in Case of Denial.

   In the event that any application for canvassing or soliciting is denied, for reasons of reported unethical business practices or for a conviction of one of the above offenses within five years of the date of the application, the Township shall carry the burden of justifying its decision in court. (Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.9       Conditions.

    It shall be unlawful for any person holding a permit under this section to:

   a.   Canvass, solicit or peddle as defined in this section earlier than 9:00 a.m. or later than 7:00 p.m., Monday through Saturday. No canvassing, soliciting, or peddling shall be done on Sundays or established Federal and State Holidays.

   b.   Enter into or upon any house, building or other structure or any land or property, without the prior consent of the owner or occupant thereof where there is placed or posted on the premises in a conspicuous position at or near the usual means of ingress, a sign or other form of notice stating or indicating that the owner or occupant thereof forbids or otherwise does not wish persons engaged in canvassing or soliciting activities to enter upon the premises.

   c.   Fail to immediately and peacefully depart from the premises when requested to do so by the owner or occupant.

   d.   Fail to give a written receipt to the purchaser, which receipt shall be signed by the holder and shall set forth a brief description of the articles ordered or purchased, the total purchase price thereof and the amount of the payment, if any, received by the holder from the purchaser.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.10     Transferability.

    No permit or license issued under the provisions of this section shall be used at any time by any person other than the one to whom it was issued and for the premises and location stated in the permit or license application, and shall not be transferable unless such transfer is first approved by the Police Department or Building Inspector, as the case may be.

   a.   For peddlers, solicitors or transient merchants, or transient merchant peddlers, the permit issued shall not authorize any person, except the designated person named in said permit, to engage in such peddling, soliciting and merchandising. A separate permit must be obtained for every agent and employee. A separate permit, must be obtained by a transient merchant or transient merchant peddler, for each branch or separate place of business in which his business is conducted, and each permit shall authorize the person to conduct business only at the location which is indicated thereon.

   b.   A separate license shall be required for each vending machine or juke box, if more than one is in or on a premises, and a separate fee shall be required for each juke box or vending machine.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.11     Permit or License in Possession.

    Every person holding a permit or license under the provisions of this section shall display the same as follows:

   a.   Any person holding a permit to peddle or solicit goods, wares, merchandise and/or services, or as a transient merchant or transient merchant peddler, and for door-to-door canvassing, shall be required to carry said permit with him at all times, and in door-to-door canvassing or soliciting, he must have the permit visibly displayed at all times. (Ord. No. 2016-2258)

   b.   A license for the use, possession, installation, operation and maintenance of a juke box, or other types of music vending machines, and all types of vending machines, shall at all times be publicly posted and conspicuously displayed in the immediate vicinity of the machines referred to therein. The license shall disclose the name of the manufacturer, serial number of the licensed juke box or vending machine, name and post office address of the licensee, the name and post office address of the actual owner of the machine, the amount of the license fee, and in addition thereto, any facts which may from time to time be required to be stated upon said license, and shall briefly state that the machine has been licensed by the Township of Ocean for operation in the specific location where the machine is placed.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2016-2258)

 

5-1.12     Registration of Business.

   a.   Every person who engages in business in the Township who is not required to obtain a license under subsection 5-1.2 and does not qualify for any exemption under the provisions of subsection 5-1.3, shall register with the license office and pay the fees provided in subsection 5-1.13.

   b.   For the purposes of this section, any person shall be deemed engaged in business and subject to the provisions of this section when he/she performs or does one or more of the following acts:

        1.     Sells any goods or services.

        2.     Solicits business or offers goods or services for sale or hire.

        3.     Acquires or uses any vehicle, machine or device, or any premises in the Township of Ocean, for business purposes.

   c.   Registration as a business shall be made on forms to be supplied by the Township License Officer, which forms shall contain the following information:

        1.     Name of applicant.

        2.     Home address of applicant.

        3.     Name under which said business will be operated.

        4.     Address of said business premises.

        5.     A description of the wares or services to be offered for sale by said business.

        6.     Zone in which the said business will be located, as outlined in the zoning ordinance of the Township of Ocean.

   d.   Any person holding a license to conduct a business, as defined in paragraph a. of subsection 5-1.1, shall be required to keep his license on display in a prominent place at his/her place of business.

(Ord. 1590, §1; Ord. 2176; Ord. No. 2014-2216; Ord. No. 2016-2258)

 

5-1.13     License and Registration Fees.

   a.   The fee to be paid annually, unless otherwise specified, for conducting a business herein described shall be $60.00.

   b.   Any person who is licensed by a higher authority to perform such work as described on the application shall submit a copy of that license along with the application and the annual fee shall be waived.

(Ord. 1590, §1; Ord. 2058, §I; Ord. 2141, §1; Ord. No. 2014-2216)

 

5-1.14     Control of Operation, Use Maintenance, Installation and Possession of Juke Boxes and Other Vending Machines.

   a.   The license shall not permit the operation of any juke box or music vending machine to cause loud or disturbing noises to be emitted therefrom and shall at all times control said sound so as not to cause disturbance or nuisance to others in the vicinity of the machine, and said license shall at all times place said machine so that the part of the machine from which the sounds emanate shall not be within five feet of the front entrance of the place of business in which said machine is located, and shall not at any time place the said music machine so that the sound is disturbing to the public in the streets, or to other persons occupying buildings in the immediate vicinity.

   b.   The Township License Officer, Health Officer or Chief of Police, as the case may be, shall be the sole judge as to whether or not the said machine is causing an annoyance to others, and upon its finding, in the discretion of such officer, that the machine does disturb others in the neighborhood, shall have the authority to revoke the license and, in that event, shall rebate the licensee the proportionate share of the license fee. Thereafter, such machine shall be removed from the premises.

   c.   The licensee of a juke box or other vending machine may at any time substitute one machine for a similar machine without additional license fee; provided, however, that he/she shall first apply to the Township License Officer or Health Officer, as the case may be, for permission to make such substitution and supply all of the information herein required for the original license application, and that the new machine shall be described in the application and noted upon the original license issued.

(Ord. No. 1590, §1; Ord. No. 2014-2216)

 

5-1.15     Term of Permit or License; Renewal.

   a.   A permit issued under this section to peddle, solicit or canvas shall expire 180 days after the date of its issuance. The holder may renew said license before the end of the 180 day term by following the same procedure set forth in subsection 5-1.4, except that no additional fee nor additional photographs shall be required. The permit may be renewed in this matter for successive 180 day terms, except that all licenses shall expire on December 31 of each year regardless of when the license was issued. Subsequent to the second 180 day term, a new fee will be charged, which shall be in accordance with the provisions of subsection 5-1.4a,11. (Ord. No. 2016-2258)

   b.   A license issued under this section for business vending machines or juke boxes shall expire on December 31 of the year in which issued. Said license may be renewed by following the same procedures set forth in subsection 5-1.4. Renewal applications shall be filed by December 1 of each year.

   c.   A license issued under this section for a business license shall expire on December 31 of the year in which issued. Said license must be renewed no later than 30 days after mailing of renewal application or notice by the Township of Ocean or a late fee of $25.00 will be charged.

(Ord. 1590, §I; Ord. 2176; Ord. No. 2014-2216; Ord. No. 2016-2258)

 

5.1.16     Ocean Township "No Knock" Registry.

   a.   The Township Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that canvassing, soliciting, peddling, itinerant vending and door-door sales enterprises are not permitted on the premises (hereinafter referred to as the "No Knock Registry"). Said list will be available at the Township Clerk's office during normal business hours. The list shall be updated monthly.

   b.   Any owner and/or occupant who has requested enlistment on the No Knock Registry pursuant to this section shall be able to procure at no charge from the Clerk's office a sticker for display at his/her/its premises indicating enlistment on the No Knock Registry. If the owner and/or occupant is on the No Knock Registry, they shall be obligated to post the sticker for display. It shall be the obligation of the licensee to obtain a current, up to date registry.

   c.   The Township Clerk shall distribute the current No Knock Registry to a licensee at the time of issuance of a license to peddle, canvass, solicit, itinerant vend or otherwise door-to-door sell, pursuant to the provisions of this section. The licensee shall not peddle, canvass, itinerant vend or conduct door-to-door sales at any premises identified on the then current No Knock Registry.

   d.   Although the most current list of registrants on the No Knock Registry shall be provided by the Township Clerk, it is the responsibility of the canvasser, itinerant vendor, or solicitor to have the most up to date list prior to performing their business.

(Ord. No. 2016-2258)

 

5-1.17     Violation and Penalties.

   Any person violating any of the terms and provisions of this section shall, on conviction thereof by the Municipal Judge of this Township, be subject to a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars or by imprisonment for any term not exceeding 90 days, or by both such fine and imprisonment, at the discretion of the judge. Additional penalties may include a revocation of said permit(s) for a period at the discretion of the judge. (Ord. No. 2016-2258)

(Ord. 1590, §1; Ord. 1971, §I; Ord. 2176; Ord. No. 2014-2216; Ord. No. 2014-2217; Ord. No. 2016-2258)

 

 

5-2    Moving of Buildings and Structures.

 

5-2.1    License Required.

            No person, except a house mover or other person licensed as such by the Township of Ocean, shall remove or move from one lot to another any building or part of a building, within the limits of the Township of Ocean, nor move any building or structure into the Township of Ocean from a point outside its limits, without first having obtained a license therefor upon application to the township building inspector; provided, however, that this section shall not apply to moving a building within the confines of a lot or contiguous lots when not necessary to move the building over public property or private streets, or property belonging to another person. Said allocation shall be accompanied by plans of the building or structure proposed to be moved and a lot plan showing the proposed new location of such building or structure, together with correct location and character of all other buildings on the lot in question. The township police department shall approve the intended route for transporting the building before issuance of the license.

 

5-2.2    License Fee.

            The applicant for a license to move or remove any building or part of a building, pursuant to the provisions of this section shall pay to the building inspector a fee of fifty ($50.00) dollars for each day or fraction thereof it is intended that the building shall occupy any such portion of any public place. An additional payment shall be made of fifty ($50.00) dollars for each day or fraction thereof over and above the time stated on the license during, or on which, any building shall occupy such public place. The above shall apply only to buildings which shall be moved from within the township. On any building being moved from outside the township, the initial fee shall be one hundred ($100.00) dollars, and fifty ($50.00) dollars for each day, or fraction of a day thereafter.

 

5-2.3    Regulations.

            a.         Lights and Warnings. Whenever a street or alley is blocked by a house or structure which is being moved, warning to that effect shall be placed by the police department so as to warn vehicles and persons against entering that portion of the street so blocked. The person moving any building through the streets shall keep warning signs and lanterns or lights on buildings at night so as to guard against any person or vehicle colliding with it.

            b.         Wires. Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building or structure, the terms of any statute or ordinance governing the same shall apply and the bond therein specified shall be given. If no such terms shall apply, then the township council shall estimate the expense of fixing the wires and the amount of the bond to cover such expense.

            c.         Notice to Fire Marshal. When any such building approaches any fire alarm, wire or pole which shall be endangered by the removal of such building or structure, it shall be the duty of the movers to notify the fire marshal at least six hours before reaching such fire alarm, wire or pole, so that it may be removed or cared for by the township authorities.

 

5-2.4    Bond.

            The applicant for a license for house moving, as herein provided, shall also file with the township building inspector a bond running to the Township of Ocean in such sum as shall be determined by the township building inspector, and with sufficient sureties which shall be approved. The bond shall be conditioned that the applicant, if the license is granted to him, will, in carrying out and performing the licensed house moving, conform to all requirements relating thereto which may be established by the township building inspector; and further, that the applicant will promptly fill all basements or other spaces left open as a result of said moving, will leave the premises vacated in a safe and sanitary condition, and will repair and make good, to the satisfaction of the township building inspector, any and all damage to any pavement, sidewalk, crosswalk, hydrant, street, alley or other property, done or caused by the applicant, his servants, employees or agents in moving any building or in connection with the moving of any building; and, also, that the applicant will immediately indemnify and save harmless the Township of Ocean against any and all liability for damage, costs or expenses arising, or which may arise, in favor of any person by reason of any negligence on his part or on the part of applicant's servants, employees or agents in connection with the moving of any building or the use of any public street or ground for that purpose.

            Said bond shall also be conditioned, in an appropriate case, upon the completion of any construction or alteration required by the township building inspector, of any building and specifications approved therefor.

            The conditions of said bond shall also include the issuance of a proper certificate of occupancy in those cases where plans and specifications have been submitted and approved by the township building inspector.

 

5-2.5    Taxes.

            Before a license is issued hereunder, the owner of the property covered by said license shall present to the township council for inspection sufficient evidence that all taxes against the same are paid in full.

 

5-2.6    Protection of Property.

            Nothing in any license issued hereunder shall be construed as authorizing the holder thereof to break, injure, or move, any telephone, telegraph or electric light poles, or electric lines or wires, or in any way injure trees or other property, without permission from the owner thereof. No building or any part of a building shall be allowed to stand in any public street or any public ground in the Township of Ocean without receiving consent therefor from the chief of police of the township.

 

 

5-3    Regulations as to the Usage of Storage Containers, Trash Dumpsters, and Roll-Off Containers.

   a.   Bulk Storage Containers – Public Property. No bulk storage container, storage container, storage device, "pod", or similar container shall be placed or maintained by any private party in or on any township property, street, or right-of-way.

   b.   Bulk Storage Containers – Private Property.

   1.   No bulk storage container, storage container, storage device, "pod", or similar container shall be placed or maintained on any private property unless it complies with one or more of the following provisions:

   (a)  Such container may be placed or maintained on a driveway or other suitably paved area for purposes of packing or unpacking goods and materials of the owner or occupant of the property in preparation for or subsequent to moving into or out of the property for a period of not more than 21 consecutive days.

   (b)  Such container may be placed or maintained on a driveway or other suitably paved area for purposes of storing the goods and materials of the owner or occupant of the property when necessary during renovation or rehabilitation of the structure located on the premises in which the goods or materials would otherwise be located during the period of renovation or rehabilitation and up to ten days prior to commencement and ten days subsequent to completion of the work, but in no event more than a total of three months.

   2.   No more than one bulk storage container, storage container, storage device, "pod", or similar container shall be placed or maintained on any private property at the same time.

   c.   Trash Dumpsters and Roll-Off Containers. No trash dumpster, roll-off container, or similar container for trash or debris of any type may be placed or maintained on any private property in or on any township street or right-of-way unless it complies with the following provisions:

   1.   Any container to be placed on a street or right-of-way shall be placed on the street in a legal parking space as approved or designed by the township and shall be equipped with appropriate reflectors or other safety markings so that the container will not constitute a hazard to traffic. The specific number, location, and nature of the markings shall be determined by the township police in the exercise of their discretion.

   2.   Any container placed on a private property shall be placed on a driveway or other suitably paved area. If in the opinion of the township police, the location is sufficiently near to a public vehicular or pedestrian path, suitable safety markings as set forth in paragraph 1. above may be required.

   d.   License Required. Prior to the placement of any bulk storage container, storage container, storage device, "pod", trash dumpster, roll-off container, or similar container in any or on any township street or right-of-way or on any private property (not covered by a duly approved site plan) the owner or user of such container shall apply for and receive a license from the township pursuant to the provisions and standards set forth herein.

   1.   Application for the license shall be made to the zoning officer, or such other individual as the township manager may from time to time designate, on a form provided by the township. The application shall require, among other things, the full name, address, and other contact information for both the owner of the container and the owner of the property with which the use of the container is associated. A copy of the property survey or some other type drawing will be attached, showing the location of the dumpster or other type container. The fee for the license shall be thirty-five ($35.00) dollars.

   2.   Any license issued for placement of a container on a street, right-of-way, or other public property shall be valid for a period of seven days and a sticker or notice shall be prominently displayed on the street-side of the container indicating the commencement and expiration date of the license. Any safety marking required by the township police shall also be noted on the sticker.

   3.   Any license issued for a placement of a trash dumpster or roll-off container on private property shall be valid for a period of 30 days and a sticker or notice shall be prominently displayed on the street-side of the container indicating the commencement and expiration date of the license. Any safety markings required by the township police shall also be noted on the sticker.

   4.   Upon a showing of continued need for any container, the zoning officer may renew the license for up to the amount of time of the original license period. Appeals of the denial of an extension by the zoning officer shall be filed with the township manager. Additional renewals beyond the one renewal to be granted by the zoning officer can only be granted by the township council. In either case, the renewal fee is twenty-five ($25.00) dollars.

 

 

 

5-4    Reserved.

 

 

5-5    Licensing of Dogs.

 

5-5.1       Definitions.

   "Animal control officer" shall include any Township of Ocean Police Officer or personnel of the division of health or any person designated by the governing body and/or township manager as a dog warden or dog control officer.

   "Dog" shall mean any dog, bitch or spayed bitch.

   "Dog of licensing age" shall mean any dog which has attained the age of seven months or which possesses a set of permanent teeth.

   "Kennel" shall mean any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop. This definition is not intended to apply to breeding dogs as a hobby even though an occasional sale may occur.

   "Pet shop" shall mean any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein dogs for sale are kept or displayed.

   "Pound" shall mean an establishment for the confinement of dogs seized either under the provisions of this act or otherwise.

   "Running-at-large" shall mean a dog not on a leash and under control of owner.

   "Shelter" shall mean any establishment where dogs are received, housed and distributed without charge.

   "Owner" when applied to the proprietorship of a dog shall include every person having a right of property in such dog and every person who has such dog in his keeping.

   "Vicious dog" shall mean and include any dog which at any time without provocation, has bitten a human being, either while upon or off the premises occupied by the person owning, keeping, harboring or having the custody or possession of such attacking dog.

(Ord. No. 1099 § 1; Ord. No. 1758 § 1)

 

5-5.2       License Required.

   Every person who shall own any dog within the limits of the Township of Ocean shall obtain a license for each such dog from the Tax Department. The Tax Department shall also issue a registration number for each dog so licensed. (Ord. No. 2015-2254; Ord. N. 2290)

 

   No more than three dogs of licensing age shall be kept, maintained or harbored at any one time in any residential housing unit or on its grounds or in any business establishment or on its grounds. This restriction shall not apply to properly licensed kennels or A.K.C. recognized breeders or pet shops, exhibitors, pounds, or shelters.

(Ord. No. 1099 § 2; Ord. No. 1758 § 1; Ord. No. 2015-2254; Ord. 2290)

5-5.3       License Fee; Registration Fee; Surcharge Fee for "Pilot Clinic Fund" and Surcharge for "Animal Population Control Fund."

   a.   License Fee. Each applicant for a license pursuant to the provisions herein shall pay a fee of thirteen dollars and eighty ($13.80) cents per year. A license shall only be issued to persons who provide proof of a valid rabies inoculation pursuant to State law.

   b.   Registration Fee. Each applicant shall also pay the sum of one ($1.00) dollar per year as a registration fee for each dog. The division of health shall provide a book for the purpose of registering the name and address of the owner of the dog sought to be licensed, the name, breed, sex and markings of each dog registered; its number shall be entered therein and numbers for each application for registration shall be in the order in which the application is made.

   c.   Each applicant shall pay an additional twenty ($.20) cents surcharge which is part of the "Pilot Clinic Fund."

   Each applicant shall pay an additional three ($3.00) dollars surcharge for nonspayed and non-neutered dogs which is to go to the "Animal Population Control Fund."

   The total fee for neutered and spayed dogs shall be as follows:

License fee.................................................................... $13.80

Registration fee................................................................. 1.00

Surcharge which is part of the "Pilot Clinic Fund"............. .20

                                                                                      ______

                                                                        Total       $15.00

   The total fee for dogs that are not neutered or spayed shall be as follows:

License fee.................................................................... $13.80

Registration fee................................................................. 1.00

Surcharge which is part of the "Pilot Clinic Fund"............. .20

Surcharge for nonspayed and non-neutered dogs............ 3.00

                                                                                      ______

                                                                        Total       $18.00

 

   d.   Tag Provisions. The registration number issued by the division of health for each licensed dog shall be on a metal tag, which tag shall be securely attached to a strap or collar worn around the neck or body of each licensed dog. Each tag shall have marked on it the words "Dog Tag, Township of Ocean, New Jersey" and the year or years for which the tag was issued. A substitute registration tag may be issued upon proof of loss by the owner of the registered dog and the cost of same shall also be one ($1.00) dollar.

(Ord. 1099, §3; Ord. 1187, §I; Ord. 1246; Ord. 1758, §I; Ord. 2081, §I; Ord. 2119, §I)

 

5-5.4       Compliance Dates.

   Any owner of a dog in the Township of Ocean who shall neglect or refuse to obtain a license in the manner herein provided, on or before January 31st of each year, shall be guilty of a violation of this subsection; provided, however, that any dog owner bringing such dog into the township in any year, who shall obtain a proper license within ten days thereafter, shall be deemed to have complied with this subsection. (Ord. No. 1099 § 4; Ord. No. 2015-2254; Ord. No. 2290)

5-5.5       Regulations.

   a.   Running-at-Large. No person owning, keeping, or harboring any dog shall suffer or permit it to run-at-large upon the public streets or any public park or any public building or any other public place within the township unaccompanied by its owner or his or her representative or upon private property of third persons without the consent of the third persons. Any dog found running at large shall be deemed to be doing so with the permission of the owner, keeper or harborer and such person shall be guilty of a violation of this subsection.

   b.   Female Dogs. No owner of a female dog shall suffer or permit her to be in or upon any street, highway or alley or other public place in the Township of Ocean or to trespass upon the property of other persons in the township at any time or times while such female dog may be in heat.

   c.   Nuisance Restrictions. No dog owner shall suffer or permit his or her dog to annoy neighbors and other persons living within the immediate vicinity in the Township of Ocean by interfering with enjoyment of their property, interfering with their sleep or rest otherwise annoying them in the enjoyment of their property in a substantial manner, by barking and howling nor permit his or her dog to trespass upon the property of any other persons in the township nor suffer or permit this dog to damage shrubbery, flowers, gardens or to soil or defile any other property of any kind or character belonging to the township, any neighbor or other person in the township.

   d.   Complaints. In any proceeding before the township municipal court judge upon a complaint duly made and filed in the municipal court, if the court shall then find the dog in question has committed the prohibited act as set forth herein, then there shall be a presumption that the defendant owner, possessor or harborer has suffered or permitted the dog to commit the prohibited acts alleged in the complaint and it shall not be necessary that the complainant prove the defendant's knowledge, intention or scienter; provided, however, that in such case, it shall appear in such proceeding that the complainant had on at least one other previous occasion, lodged a complaint with the township police department charging the same defendant with the same offense and that the defendant had notice of such previous complaints.

   e.   1. No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of said property, except under the following conditions:

              (a)      The person who owns, harbors, keeps or is in charge of such dog shall immediately remove all feces deposited by such dog by any sanitary method approved by the local health authority.

              (b)      The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in accordance with the provisions of this paragraph, in a sanitary manner approved by the local health authority.

        2.     Any person who violates or fails or refuses to comply with the provisions of this paragraph shall, upon conviction, be liable for a fine not to exceed two thousand ($2,000.00) dollars or imprisonment for a term not exceeding 90 days, or both, for each offense.

        3.     The provisions of this paragraph shall be covered by the local police department, the animal control service and the municipal health department.

(Ord. 1099, §5; Ord. 1643, §§1-3; Ord. No. 2014-2217)

 

5-5.6    Provisions for Impoundment, Seizure and Disposition.

            Any dog not licensed or registered pursuant to the provisions of this subsection or in violation of the regulations set forth in subsection 5-5.5 a. or b. herein shall be subject to seizure by the animal control officer. Any dog not redeemed as hereinafter provided within seven days after its seizure may be disposed of by any approved humane method and any dog who shall not have securely fixed or fastened to its neck, a registration tag as herein provided shall be deemed unlicensed and subject to seizure. All dogs seized under these provisions shall be impounded in the place designated by the township council or township manager as the dog pound and shall be kept there until disposed of in accordance with the provisions of this subsection. If any dog so seized wears a collar or harness providing the name and address of the owner or person keeping or harboring the dog, a notice in writing shall be provided to the owner or person stating that the dog has been seized and that it may be disposed of pursuant to this subsection.

 

5-5.7    Redemption of Seized Dogs.

            Any dog seized under the provisions of this subsection may be redeemed by the owner of the dog upon payment of the sum of any and all licensing and registration fees that may be required together with the sum of one ($1.00) dollar per day for maintenance for each day that the dog is kept in the pound and any other required or permitted fees as may be set forth in the contract between the township and dog pound; provided, however, that such redemption must be made within seven days of the impounding or seizure of any dog as provided in this subsection.

 

5-5.8    Hindrance or Interference with Performance of Official Duties.

            No person shall hinder, molest or interfere with anyone authorized to perform any duties under this section.

 

5-5.9    Regulation of Vicious Dogs.

            a.         It shall be the duty of the animal control officer to receive and investigate complaints against dogs, and when any dog complained against shall be deemed to be a vicious dog, as herein defined, the officer shall serve and file a complaint in the municipal court of the township. Pending the disposition of the complaints, the animal control officer or such other authorized person may order the dog muzzled and leashed while being walked, and at all times confined. This subsection shall not preclude any citizen from bringing a complaint to have a dog declared a vicious dog.

            b.         The municipal court judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel, and if the municipal court judge shall decide that such dog complained of is a vicious dog, as defined by this section, the owner or person harboring such dog shall be guilty of a violation of this section. Notice of such decision shall be given to such owner or person harboring such dog.

            c.         No dog which has been so determined to be a vicious dog shall be permitted to run at large, or be upon any street or public place in the township, except while securely muzzled and under leash, and the owner or person harboring any such vicious dog who shall suffer or permit such dog to be upon any street, public place or private property in the township, other than the property of the owner or private property of the owner or person harboring such dog, while not securely muzzled and under leash, shall be guilty of a violation of this section.

            d.         It is further provided that if upon the evidence presented and after an examination by a licensed veterinarian, at the expense of the owner, the municipal court, judge or other judge authorized by law, shall deem it necessary for the safety of the public, he may order the dog to be confined at all times upon the property of the owner in such a manner as will protect all persons who may be upon any public street, public place or private property in the township, other than the property of the owner. If the municipal court judge shall further determine upon specific findings of fact based upon the evidence presented that the safety of the public is not adequately protected by such confinement, he may order the dog destroyed in a humane manner by or at the expense of the owner. If the owner or person harboring the vicious dog shall fail to comply with the order to confine or destroy the vicious dog, he shall be guilty of a violation of this section.

 

5-5.10     Violations and Penalties.

   Any person who shall violate subsection 5-5.3 or 5-5.4 of this section or any provisions set forth in N.J.S.A. 4:19-15.19 shall be liable to a penalty of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each offense. For a violation of any other subsection of this section and not governed by the aforesaid Statute, the minimum penalty shall be the fine of twenty-five ($25.00) dollars and the maximum penalty shall be a fine of five hundred ($500.00) dollars. (Ord. No. 1099, §10; Ord. No. 2014-2217)

 

5-5.11  Repeal Inconsistent Ordinances.

            All other ordinances or parts thereof enacted prior to the adoption of this section which are inconsistent with this section, are hereby repealed to the extent of such inconsistencies.

 

5-5.12-5-5.15       Reserved.

 

5-5.16     Sale of Dogs and Cats from Pet Shops Restrictions.

   a.   Definitions.

   Animal care facility shall mean an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

   Animal rescue organization shall mean any not-for-profit organization which has tax-exempt status under Section 501c3 of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

   Cat shall mean a member of the species of domestic cat, Felis catus.

   Dog shall mean a member of the species of domestic dog, Canis familiaris.

   Offer for sale shall mean to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat.

   Pet shop shall mean a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

   b.   Restrictions on the sale of animals.

        1.     A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with:

              (a)      An animal care facility; or

              (b)      An animal rescue organization.

        2.     A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.

(Ord. No. 2016-2285)

 

 

5-6    Regulations Concerning Issuance of Licenses.

 

5-6.1    Term.

            All annual licenses required by this chapter shall be issued for the calendar year.

 

5-6.2    Exceptions.

            Licenses issued under the rules and regulations of the Alcoholic Beverage Control are exempted from the provisions of this chapter.

 

 

5-7    Revocation of Licenses.

 

5-7.1    Causes for Which Revocation May Be Implemented.

            Any license or permit issued under the provisions of this chapter may be revoked by the officer issuing such license after notice and hearing for any of the following causes:

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

            b.         Fraud, misrepresentation or false statement in the conduct of any business or activity authorized by such license.

            c.         Any violation of this chapter.

            d.         Conviction of the licensee for any felony or a misdemeanor involving moral turpitude.

            e.         Conducting any business or activity licensed under this chapter, through the licensee himself or any of his agents, servants or employees, in any 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.

 

5-7.2    Notice of Hearing.

            Notice of a hearing for revocation of a license or permit issued under the provisions of this chapter shall be given in writing by the township license inspector, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed to the licensee, by certified mail to his last known address, at least five days prior to the date set for the hearing.

 

5-7.3    Appeal.

            Any person aggrieved by the denial of any application for permit or license, or a revocation of same, or the refusal to renew the same, may appeal to the township council by filing with the township clerk, within 14 days after the applicant or licensee has been notified of such action, a written statement setting forth the grounds of the appeal. The township council shall set a time and place for a hearing on such appeal and notice shall be given to the appellant in the manner provided in subsection 5-7.2 above. The decision and order of the township council on such appeal shall be final and conclusive.

 

 

5-8    Inspection.

            The license inspector shall inspect mercantile, transient merchant, vendor, peddler, solicitor and all other licenses in the Township of Ocean.

 

 

5-9    Bicycles.

 

5-9.1    Definitions.

            The word "bicycle" shall mean and include a vehicle with two wheels, neither of which shall be less than 15 inches in diameter, one in front of the other, having a saddle-like seat for the rider, steered by a handlebar and driven by pedals.

 

5-9.2    Registration.

            It shall be unlawful for any person residing within the township to ride or operate a bicycle on any street, sidewalk or other public place in the township without first having registered such bicycle and secured a registration decal therefor. Application for a registration decal shall be made to the police department on a registration form which shall include the name and address of the owner of the bicycle, the name of the manufacturer, the serial number, the approximate date when the owner obtained title and if not new when obtained, the name and address of the person from whom it was obtained.

            The registration decal shall be fastened to the frame of the bicycle in a place to be determined by the police department of the township. No person shall unlawfully or maliciously remove, destroy or mutilate or alter the registration decal during the period for which such decal shall be operative. The substitution of registration decals, not in conformity with this section, shall be hereby prohibited.

            A registration decal shall be valid for a period of five years.

 

5-9.3    Fit Operating Condition of Bicycles.

            Before a registration decal for a bicycle shall be issued, the bicycle shall be inspected by the police department to insure that the bicycle complies with all state statutes and federal regulations. Subsequent to inspection, it shall be the duty of the owner to keep the bicycle in good repair and in conformance with the state statutes.

 

5-9.4    Bicycle Laws.

            Every person riding or operating a bicycle subject to the provisions of this section shall comply with all of the provisions of R.S. 39:4, as amended, together with applicable ordinances of the township and all rules and regulations promulgated herein under, specifically, but not limited to the following:

            a.         Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a lamp on the rear which shall emit a red light visible from a distance of at least 500 feet to the rear. In addition to the red light, a red reflector may be mounted on the rear, of a type approved by the Division of Motor Vehicles, which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

            b.         No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.

            c.         Every bicycle shall be equipped with a brake which shall enable the operator to make the brake wheels skid on dry, level, plain pavement.

            d.         A person propelling or riding on a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals, or with both hands removed from the handlebars, nor shall he practice any trick or fancy riding in a street. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

            e.         No person riding upon any bicycle shall attach his bicycle or himself to any vehicle upon a roadway, and no operator of any vehicle shall knowingly allow any person riding upon any bicycle to attach the bicycle or himself to the vehicle.

            f.          Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of R.S. 39:4 and all supplements thereto except as to those provisions thereof, which by their nature can have no application. Regulations applicable to bicycles shall apply whenever a bicycle shall be operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

            g.         Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practical, exercising due care when passing a standing vehicle or one proceeding in the same direction. Persons riding bicycles upon a roadway shall ride in single file except on paths or parts of roadways set aside for the exclusive use of bicycles. Whenever a usable path for bicycles shall have been provided, adjacent to a roadway, bicycle riders shall use such paths and shall not use the roadway.

            h.         Every person riding or operating a bicycle shall be required immediately before entering a street or sidewalk from any alley or driveway, to come to a complete stop, for the purpose of making an observation in order to insure that the street or sidewalk shall be clear of pedestrians or vehicles.

            i.          Such other rules as may be promulgated from time to time by the township council.

 

5-9.5    Transfer of Ownership.

            It shall be the duty of every owner of a registered bicycle who sells or transfers ownership of a bicycle to report the sale within 72 hours to the police department and to furnish the police department with the name and address of the person to whom the bicycle was sold or transferred.

 

5-9.6       Violations; Penalty, Minors.

    Any person under the age of 18 who violates any of the provisions of this section shall, for the first offense, be warned in writing by the Township Police Department with a copy addressed to the parents of the offender, stating the nature of the violation, and a warning that a repetition of the violation or any other violation shall be prevented or the bicycle may be impounded for a period of time, of not less than seven days nor more than 30 days. On the second offense, the offender shall be summoned to appear at Police Headquarters with the bicycle accompanied by a parent or guardian, and after a hearing on the violation, if, in the discretion of the Chief of Police or the Traffic, Safety and Education Bureau of the Police Department, it shall be decided to punish the offender for the violation, the offender's bicycle and registration may be impounded for a period of not less than seven days nor more than 30 days at the discretion of the Chief of Police or the Traffic, Safety and Education Bureau of the Township with the approval, if possible, of the parent or guardian, but the decision of the Chief of Police or Traffic, Safety And Education Bureau shall prevail and the bicycle impounded.

    Any person 18 years of age or older may be charged in the Municipal Court for a violation of the provisions of this section and shall be subject to a fine not to exceed two thousand ($2,000.00) dollars or imprisonment for a term not to exceed 15 days.

(Ord. 843, §6; Ord. No. 2014-2217)

 

5-9.7    Time of Registration.

            Any person acquiring a bicycle shall register the bicycle 30 days thereafter.

 

 

5-10  Garage Sales.

 

5-10.1    Definitions.

            a.         Garage sales shall mean and include all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale" or "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.

            b.         Person shall mean and include individuals, and/or household entity, partnerships, voluntary associations and corporations.

 

5-10.2    Permits and Fees.

            It shall be unlawful for any person to conduct a garage sale in the township without first filing with the building inspector or licensing officer of the township the information herein specified and obtaining a license so to do to be known as a "garage sale license". No Fee shall be charged for the license.

 

5-10.3    Licenses Limited; Display Required.

            Such licenses shall be issued to any one person only twice within a twelve month period and no such license shall be issued for more than three consecutive calendar days. Charitable and religious and civic organizations may be allowed more than two licenses with the approval of the township council. Each license issued under this section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the garage sale.

 

5-10.4    Information to be Filed.

            The information to be filed with the building inspector or licensing officer pursuant to this section shall be as follows:

            a.         Name of person conducting sale.

            b.         Name of the owner of the property on which the sale is to be conducted and consent of owner if applicant is other than owner.

            c.         Location at which sale is to be conducted.

            d.         Number of days of sale.

            e.         Date and nature of any past sale.

            f.          Sworn statement or affirmation by the person signing that the information therein given is full and true and known by him to be so.

 

5-10.5    Hours of Sale.

            All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.

 

5-10.6    Signs.

            All signs displayed in connection with said garage sales are to be removed within 48 hours after the completion of the sale.

            All signs displayed in connection with said garage sales are to be removed within forty-eight hours after the completion of the sale. A sign shall be obtained from the building inspector or licensing officer of the Township of Ocean at the time of application for permit, which sign shall be displayed on the premises at all times during the sale in plain view as evidence that a permit has been obtained.

 

5-10.7    Exemptions.

            The provisions of this section shall not apply to or affect the following persons or sales:

            a.         Persons selling goods pursuant to any order or process of a court of competent jurisdiction.

            b.         Persons acting in accordance with their powers and duties as public officials.

            c.         Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business within a commercial zone within the township provided that there is provision for off street parking for at least ten vehicles at the business establishment.

 

5-10.8    Regulations.

            No display of items for sale at any garage sale shall be displayed on the sidewalk or in that area between the residence of the applicant and the sidewalk, but shall be displayed behind the building line of the premises at which the garage sale is to be held.

 

5-10.9    Enforcement.

            This section shall be enforced by the police, the building inspector, and licensing officer of the township who shall investigate any violations of this section coming to their attention whether by complaint or arising from their own personal knowledge and if a violation is found to exist, the licensing officer shall prosecute a complaint before the local municipal court pursuant to the provisions of this section.

            The person to whom such license is issued and the owner or tenant of the premises on which such sale or activities is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the said sale or activity. No such person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable order of any member of the police or fire departments of the township in order to maintain the public health, safety and welfare.

 

5-10.10   Penalty.

   Any person conducting any such sale or similar activity without being properly licensed therefore, or who shall violate any of the other terms and regulations of this section shall, upon conviction, be fined not less than twenty-five ($25.00) dollars nor more than two thousand ($2,000.00) dollars or be imprisoned for a period not to exceed ten days for each violation. Each day that such sale shall continue without being duly licensed shall be considered a separate violation. (Ord. 888, §10; Ord. No. 2014-2217)

 

 

5-11  Licensing of Theaters.

 

5-11.1    Definitions.

            a.         "Theater" shall include any place wherein movies or motion pictures are shown or exhibited for public entertainment and for which a fee is charged.

            b.         "Person" shall include any person, firm or corporation or association of persons, their agents, servants or employees.

 

5-11.2    License Required for Theaters.

            It shall be unlawful for any person to conduct a theater without having first obtained a license therefor.

 

5-11.3    Applications for License.

            a.         All applications for licenses for a theater shall be in writing and filed in triplicate with the licensing officer of the township to whom shall be paid the required fee.

            b.         Such applications shall be signed and sworn to by each individual applicant and if applicant is a corporation, by all principal officers before an officer authorized by the Law of New Jersey to administer an oath.

            c.         The licensing officer shall transmit one copy of such application to the chief of the police of the township who shall cause an investigation to be made of the applicant and report thereon to the township council. No license shall be issued to any applicant who shall have been convicted of a crime involving moral turpitude.

 

5-11.4    Fire Commissioners Certificate of Approval.

            The applicant shall also present with his application a certificate of approval from the board of fire commissioners or the designated fire marshall of that district wherein the subject premises is located, showing that the building complies with all laws of the State of New Jersey and all local ordinances pertaining to fire and safety.

 

5-11.5    License Fee; Expiration and Renewal.

            The annual license fee for each such license shall be the sum of one hundred fifty ($150.00) dollars and each such fee shall be payable on or before January 1 in each year. No license shall be issued until the fee has been paid. In the event that the license may be revoked pursuant to subsection 5-11.7, no part of the license fee shall be returned to the licensee. Each license shall expire on December 31 of each year and the license may be renewed from year to year upon the filing of an application for an original license. No license issued pursuant to this section shall be transferred by the holder thereof without the approval of the township council.

 

5-11.6    Required Closing Hours.

            The licenses issued under the provisions of this section shall not be deemed to permit the operation in or on the licensed premises between the hours of 2:00 a.m. and 10:00 a.m. or before 1:00 p.m. on Sundays.

 

5-11.7    Regulations.

            The exits and exit doors of each theater shall open directly from the exhibition hall onto a street, alley or public parking area and they shall be operable at all times from the inside, when a theater is open to the public. All aisles shall lead directly to exits. No aisle or passageway shall be less than three feet in width and all aisles and passageways in the theater shall be kept free from obstructions and no person other than an employee of the licensed premises, a policeman or fireman shall stand in or occupy any of the aisles or passageways during any performance. There shall be at least one employee of the licensee visible to the public during each performance to supervise, keep order, prevent any disturbances and prevent panic in case of emergency and to otherwise protect the patrons of the theater.

 

5-11.8    Compliance with Laws; Fire Equipment and Public Telephone Required.

            a.         All licenses shall operate theater premises according to local and State regulations which may now or which may hereafter be promulgated.

            b.         In the operation of the theater, the owner or operator shall provide and enforce such rules and regulations as are necessary to keep order, insure against unnecessary noise and all forms of disorderly conduct and shall remove promptly from the premises persons who are disorderly. Blowing of noise devices and running in the aisles are expressly prohibited.

            c.         Sufficient fire equipment, as determined by the fire marshall of the fire district in which the theater is located, shall be provided at all times during performances at the theater as is necessary to control and extinguish fires occurring on the theater premises.

            d.         A coin operated public telephone and public drinking fountain shall be provided in each and every theater and available for use by the public in case of emergency.

 

5-11.9    Inspections.

            Any State or township officer, police officer or fireman may enter any theater at any time for the purpose of inspection to enforce obedience of the laws of the State of New Jersey and the ordinances of the township.

 

5-11.10  Required Lighting.

            Every portion of a theater, including exits and corridors devoted to the public use or the accommodation of the public, shall be adequately lighted.

 

 

5-12  Going-Out-Of-Business-Sales.

 

5-12.1    Definitions.

            As used in this section, the following terms shall mean:

            a.         "Person" shall include not only an individual but a firm, partnership, corporation or trade name.

            b.         "Sale" shall include goods, wares and merchandise, such as in a "bankruptcy sale", "bankrupt stock sale", "insolvent sale", "assignee's sale", "trustee sale", "going-out-of-business sale", "quitting business sale", and "loss of lease sale" or any and all sales advertised in such manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand the business will cease and be discontinued.

            c.         "Publish", "publishing", "advertisement", "advertising", shall include any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement, and by any and all means including oral, written or printed.

 

5-12.2    License Required.

            It shall be unlawful for any person to publish or conduct any sale of the type herein defined without a license therefor obtained from the licensing officer of the Township of Ocean.

 

5-12.3    Applications for License.

            a.         Established business requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale, shall not be granted a license, provided that upon the death of a person doing business in the township, his or her heirs, devisees, legatees or representatives shall have the right to apply at any time for a license hereunder.

            b.         Interval between sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year past from the date of such application shall not be granted a license.

            c.         Restricted location. Where a person applying for a license hereunder operates more than one place of business, the license shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is co-operating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is co-operating with it or participating in any way in the licensed sale.

            d.         Persons exempted. The provisions of this section shall not apply to or affect persons acting pursuant to an order or process of a court of competent jurisdiction, persons acting in accordance with their powers and duties as public officials, duly licensed auctioneers, selling at auction; any publisher of a newspaper, magazine or other publication who in good faith publishes any advertisement without actual knowledge of its false, deceptive or misleading character, or without actual knowledge that the provisions of this section have not been complied with.

 

5-12.4    Application Requirements.

            Written information required. A person desiring to conduct a sale regulated by this section shall make a written application under oath to the license officer setting forth and containing the following information:

            1.         The true name and address of the owner of the goods to be sold.

            2.         A description of the place where such sale is to be held.

            3.         The nature of the occupancy whether by lease or sublease and effective date of termination of such occupancy.

            4.         The dates of the period of time in which the sale is to be conducted.

            5.         A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted.

            6.         The means to be employed in advertising such sale together with the proposed content of any advertisement.

            7.         A complete and detailed inventory of the goods to be sold at such sale as disclosed by applicant's records. Said inventory shall contain a clear description of each item to be sold and the date each item was purchased with invoice numbers for each item, the name of the person from whom purchased, and if not purchased, the manner of such acquisition. Said inventory shall be attached to and become a part of the application required under this section. Said inventory shall be signed by the person applying for said license, or by an authorized agent, and by affidavit at the foot thereof. He or such agent shall swear or affirm that the information therein given is full, complete and true, and known by such affiant to be full, complete and true. No goods other than that listed in the inventory herein provided for shall be advertised or sold at any sale for which a license is hereby required, and it shall be unlawful for any person to sell, offer, or expose for sale, or advertise for such sale, or to list on such inventory any goods which are not the regular stock on hand at the store, the goods of which are to be closed out or disposed of through such sale, or to supplement, or to make any replenishments or additions from any manufacturing, jobber, wholesaler, warehouse, storage building or from any other premises, or from any source whatsoever and during the time thereof to advertise or represent the sale as being of the character for which a license is hereby required. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of or for the purpose of conducting any sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the applications made within sixty days before the filing of an application hereunder shall be deemed to be of such character.

            8.         All applications for license shall be kept on file by the said license officer and a record shall be kept by him of all licenses issued upon such applications.

 

5-12.5    License Fee.

            Any applicant for a license hereunder shall submit to the license officer with the application for a license, a license fee of twenty-five ($25.00) dollars. Any applicant for renewal of any license granted hereunder shall submit to the license officer with the application for renewal, a renewal license fee of fifteen ($15.00) dollars.

 

5-12.6    Effect of License.

            a.         License period and renewal procedure. The license shall authorize the sale described in the application for a period of not more than 30 consecutive days, Sundays and holidays excepted, following the issuance thereof. The license officer shall renew a license for one period of time only, such period to be in addition to the 30 days permitted in the original license and not to exceed 30 consecutive days, Sundays and holidays excepted, when the license officer finds that facts exist justifying the license renewal; that the licensee has filed a written application for said renewal; that the licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory. For the purposes of this subsection, any application for a license under the provisions of this section covering goods previously inventoried as required hereunder, shall be deemed to be an application for renewal, whether presented by the original applicant, or by any other person.

            b.         Nature of sale. The license shall authorize only one type of sale described in the application at the location named therein.

            c.         Saleable Goods. The license shall authorize only the sale of goods described in the inventory attached to the application.

            d.         Nontransferability. Any license herein provided for shall not be assignable or transferable.

 

5-12.7    Inspection of Licensing Officer.

            The township license officer or any person designated by him may in his discretion, verify the details of any inventory filed, for the purpose of determining the correctness of the same, before issuing a "going-out-of-business sale license" or he may check and verify the types of merchandise sold during the sale, and it shall be unlawful for any person to whom such license has been issued to fail or refuse to give the township license officer or any person designated by him for that purpose, all the facts connected with the stock on hand or the proper information respecting goods sold, or any other information that he may require in order to make a thorough investigation of all phases connected with the sale.

 

 

5-13   Dealers in Precious Metals and other Secondhand Goods.

 

Editor's Note: Prior ordinance history: Ordinance Nos. 1152, 1516, 1653, 2195.

 

5-13.1     Purpose and Intent.

   The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, maintenance and distribution criteria for licensed dealers in these goods.

   No person shall use, exercise, or carry on the business, trade, or occupation of the buying, selling, or pawning of precious metals or other secondhand goods without complying with the requirements of this section in the exact manner described herein.

(Ord. No. 2015-2252)

 

5-13.2     Definitions.

Acceptable identification shall mean a current valid New Jersey Driver’s License or Identification Card, a current valid photo driver’s license issued by another US state, a valid United States Passport, or other verifiable US Government issued identification, which will be recorded on the receipt retained by the dealer and subsequently forwarded to the local police department on request.

Dealer shall mean any person, partnership, limited liability company, corporation, or other entity who, either wholly or in part, engages in or operates any of the following trades or businesses: the buying for purposes of resale of precious metals, jewelry, or other secondhand goods as defined herein; pawnbrokers as defined herein; itinerant businesses as defined herein. For the purposes of this section, transient buyers, as defined herein, are subject to the same licensing and reporting requirements as any other dealers.

Gift card/merchandise credit shall mean any restricted monetary equivalent or script that is issued by retailers or banks to be used as an alternative to a non monetary gift.

Itinerant business shall mean a dealer who conducts business intermittently within the municipality or at varying locations.

Municipal Clerk shall mean the statutory officer whose duties are defined in N.J.S.A. 40A:9-133 and may refer to the duly appointed clerk of the “city,” “town,” “township,” “village,” or “borough.”

Pawnbroker shall mean any person, partnership, association or corporation: lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehousemen and lending money on goods, wares or merchandise pledged or deposited as collateral security.

Precious metals shall mean gold, silver, platinum, palladium, and their alloys as defined in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51:6-1 et seq.

Public shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.

Reportable transaction shall mean every transaction conducted between a dealer and a member of the public in which precious metals, jewelry, or any other secondhand goods as defined herein are purchased or pawned.

Secondhand goods shall mean used goods such as antiques, gold, silver, platinum, or other precious metals, jewelry, coins, gemstones, gift cards, any tools, telephones, typewriters, word processors, GPS devices, computers, computer hardware and software, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, DVDs, CDs, and other electronically recorded material, firearms, cameras and camera equipment, video equipment, purses, pocketbooks, furs and other valuable articles. For the purposes of this section, secondhand goods shall not include goods transacted in the following manner: i) judicial sales or sales by executors or administrators; ii) occasional or auction sales of household goods sold from private homes; iii) auctions of real estate; iv) the occasional sale, purchase, or exchange of coins or stamps by a person at his permanent residence or in any municipally owned building who is engaged in the hobby of collecting coins or stamps and who does not solicit the sale, purchase, or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television, or other form of printed or electronic advertising.

Seller shall mean a member of the public who sells or pawns used goods such as precious metal, jewelry, or other secondhand goods to a dealer.

Transient buyer shall mean a dealer, as defined herein, who has not been in a registered retail business continuously for at least six (6) months at any address in the municipality where the dealer is required to register or who intends to close out or discontinue all retail business within six (6) months.

(Ord. No. 2015-2252)

 

5-13.3     License Requirement for Dealers.

   No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the municipality, without having first obtained a license therefor from the Mercantile License Officer, which license shall bear a number issued by the Mercantile License Officer.  The application for a license to the Mercantile License Officer shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods referred to in subsection 5-13.2 above are being bought in any location within the municipality shall constitute engaging in business as a dealer of secondhand goods for purposes of this chapter. No person, partnership, Limited Liability Company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertising the license number issued to a person or entity by the municipality. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this chapter and shall be subject to the penalties established in subsection 5-13.10. (Ord. No. 2015-2252)

 

5-13.4     Exclusions.

   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 personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists, and nothing in this section shall apply to or require the obtaining of a license by any art, antique or historical society that shall conduct an exhibition and sale of art objects, pictures, paintings, prints, historical articles and furniture generally known and designated as antiques and kindred objects; and nothing in this section shall apply to or require the obtaining of a license by any agricultural show, fair or garden society selling or closing out certain of their exhibits, if such society was an incorporated association, not for pecuniary profit, of this state prior to the 26th day of March, 1935, or if incorporated subsequent thereto, such society shall have a bona fide membership of at least 100 persons. (Ord. No. 2015-2252)

 

5-13.5     Application Process for Dealers; Approval or Denial.

   a.   Upon receipt of an application completed pursuant to this section, the Mercantile License Officer shall refer such application to the Chief of Police or his (or her) designee, who shall make an investigation of the prospective licensee, pursuant to this section for the purpose of determining the suitability of the applicant for licensing. The investigation shall include, but shall not be limited to the following:

      1.   The experience of the applicant in the business of purchase and sale of those articles or goods referred to in subsection 5-13.2 above, although nothing in this subsection shall be construed to warrant denial of a license solely on the basis of lack of experience;

      2.   The reputation of the applicant for fair dealing in the community, which shall be made among credible sources, which sources shall be disclosed to the applicant in the event of a denial of any license;

      3.   Any criminal record of the applicant including any past convictions for any crime(s), disorderly persons offense(s), or municipal ordinance violation(s) within this or any other jurisdiction. The Chief of Police may, as part of the application process, require a fingerprint criminal background check through the Federal Bureau of Investigation, Criminal Justice Information Services Division, which may require an additional fee from the applicant.

      4.   The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metal or other secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature. This subsection shall not be construed to require denial of any license solely on the grounds that the business is not from a fixed location or that the applicant is a transient buyer or itinerant business, however applicants who fall under the category of a transient buyer or itinerant business must state with specificity on the license application the business address where transaction records required by subsection 5-13.7d. of this section will be stored as well as the location where purchased goods will be retained during the mandatory inspection period required under subsection 5-13.7a.

   b.   The Chief of Police shall complete any investigation pursuant to this section within thirty (30) days of the submission of the application to the Mercantile License Officer, fully completed by the applicant. If a criminal record check has been requested within the thirty-day period and has not been received by the Chief of Police within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal record.

   c.   The Chief of Police shall, upon completion of the investigation, recommend “grant” or “denial” of the license to the Mercantile License Officer, who shall grant or deny the license. Any recommendation of the Chief of Police shall be in writing and, in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Mercantile License Officer accepts the recommendation of the Chief of Police to deny any license, the applicant shall be notified in writing within ten (10) days of such denial and the Mercantile License Officer shall forward to the applicant a statement of the reason or reasons for such denial.

   d.   Grounds for recommending denial of license may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to a dealer in secondhand goods. A license may be denied if the investigation reveals a conviction of the applicant or any of its principal officers or employees of any crime(s), disorderly persons offense(s) in which deceit or misrepresentation is an element; or any conviction of any crime(s), disorderly persons offense involving theft or the receiving of stolen goods, regardless of whether the applicant was a principal, accessory before the fact, after the fact, or a co-conspirator; or any prior municipal ordinance violation(s) by the applicant or any of its principal officers or employees in this or any other jurisdiction. A license may be denied if the applicant fails to demonstrate an ability to satisfactorily comply with the electronic reporting requirements specified in subsection 5-13.6, the retention and inspection requirements of subsection 5-13.7, or any other portion of this section. Upon receipt of the recommendation of the Chief of Police, the Mercantile License Officer shall issue or deny the license accordingly, contingent upon the receipt of a bond as required by subsection 5-13.8 of this section.

   e.   Whenever any application for a permit is denied, the applicant shall be entitled to a hearing before the Township Manager or his (or her) designee, at which time the applicant shall be permitted to introduce such evidence as may be deemed relevant to such denial. Any applicant exercising the right to appeal must file a written notice of appeal within ten (10) days of receiving written notice of denial of a license to act as a dealer of secondhand goods.

   f.    No license shall be assignable by the dealer.

(Ord. No. 2015-2252)

 

5-13.6     Identification of Seller; Recordkeeping Requirements for Dealers.

   For every reportable transaction between a dealer and the public, the dealer shall be required to do as follows:

   a.   Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined above in subsection 5-13.2.

   b.   Require each seller to execute a “Declaration of Ownership,” which shall contain the following certification: “My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of eighteen years and the identification presented is valid and correct.”

   c.   Record and issue to each person selling or pawning such goods on a sequentially numbered receipt:

      1.   The name, address, and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;

      2.   The name, address, date of birth, and telephone number of the seller or sellers;

      3.   A photographed recording of the seller in a format acceptable to the Chief of Police, along with a physical description of the seller, including height and weight (approximate), hair color, eye color, facial hair, if any, etc.;

      4.   A photographed recording of the seller’s presented acceptable identification, as set forth in subsection 5-13.2, in a format acceptable by the Chief of Police;

      5.   A photographed recording of all items sold in a format acceptable by the Chief of Police. When photographing, all items must be positioned in a manner that makes them readily and easily identifiable. Items should not be grouped together when photographing or imaging. Photographs of serial numbers on items that contain serial numbers shall be taken.

      6.   The receipt number which shall also be listed on the subject article.

      7.   A detailed, legible description of the item(s) and the manufacturer and model of the item(s) if known; in the case of jewelry, the descriptions must include style, length, color, design, and stones, if any; any identifying marks, including numbers, dates, sizes, shapes, initials, names, monograms, social security numbers engraved thereon, serial numbers, series numbers, or any other information, which sets apart the particular object from others of like kind;

      8.   The price paid for the purchase or pawn of the item(s);

      9.   If precious metals, the net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams; fineness in terms of karats for gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1, N.J.S.A. 51:6-1 et seq.;

      10. The time and date of the transaction.

   d.   The information outlined in paragraph c. above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this section and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in paragraph f. below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in paragraph c. above.

   e.   In the event of a database failure, all transaction information is required to be submitted to a Township of Ocean Police email approved by the Chief of Police within twenty-four (24) hours from the date of purchase. If the dealer’s computer equipment suffers a malfunction and is not operable, the dealer must submit all transactions on paper forms approved by the Chief of Police within twenty-four (24) hours from the date of the purchase. In the event that email or paper form reporting is used, the dealer is responsible to enter all transaction information set forth in paragraph c. above into the database as soon as possible upon the dealer’s equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this section and subsequently being subject to the penalties for doing so including revocation of the dealer’s license as described in subsection 5-13.7.

   f.    It shall be the requisite duty of every dealer, and of every person in the dealer’s employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in subsection 5-13.7. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.

   g.   All records maintained by the Chief of Police pursuant to this section shall be confidential and shall not be made available to any individual or institution as otherwise provided by law. The information pursuant to this section may be shared with any federal, state, county or local law enforcement, or regulatory agency with jurisdiction over persons engaged in businesses that conduct reportable transactions.

(Ord. No. 2015-2252)

 

5-13.7     Retention; Revocation; Other Restrictions.

   a.   In accordance with both N.J.S.A. 2C:21-36 and this section, all precious metals, jewelry, and other secondhand goods purchased, received for pawn, or received for consignment as described above, are to be made available for inspection by the Chief of Police or his (or her) designee at the designated business address for a period of at least ten (10) calendar days from the date the transaction information is actually reported to the Chief of Police in the approved manner described above in subsection 5-13.6. All precious metal or other secondhand goods subject to inspection must remain in the same condition as when purchased or received for pawn and shall not be sold, disposed of, changed, modified, or melted by the dealer until the ten-day retention period has expired. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the location where the purchased item(s) are being held.

   b.   Upon probable cause that goods held by a dealer are stolen, and providing that the seller signed the mandatory statement required by subsection 5-13.6b. upon the sale of those goods, the dealer has the right to sign a theft by deception complaint under N.J.S.A. 2C:20-4 against the seller at the Township of Ocean Municipal Court. A law enforcement officer shall seize the goods and provide the dealer with a receipt. If the dealer signs a complaint and the seller is convicted of theft by deception and is found by an order of a court of valid jurisdiction, the seller will be responsible for providing restitution to the dealer under N.J.S.A. 2C:44-2 for the amount paid by the dealer to the seller for the stolen goods.

   c.   If market conditions would create a hardship on the dealer by holding precious metals or other secondhand goods for such period, the dealer may present the property to the Chief of Police in order that it may be photographed and, if deemed necessary by the Chief of Police, an investigation may be implemented. The Chief of Police shall have the authority to grant the dealer a waiver (at the risk of the dealer) of the requirement under this subsection. In no case shall the dealer sell the items prior to the established period without the written permission of the Chief of Police or his designee.

   d.   In addition to all other reporting requirements, every dealer shall maintain for at least five years, a written record of all purchases of precious metals and other secondhand goods in the form prescribed in subsection 5-13.6c.

   e.   No dealer shall purchase any item covered by this section from any person under the age of 18 or in the absence of providing prior notification of such purchase to the Chief of Police or his (or her) designee identifying the individual from whom such purchase is to be made and the item to be purchased.

   f.    Suspension. The Chief of Police or his (or her) designee is hereby empowered to temporarily suspend for cause any dealer’s license and rights to operate there under. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to subsection 5-13.10 of this section.

      1.   Grounds for Suspension. The following shall constitute grounds for suspension: violation of any provisions of this section, including failure to comply with any training or fees associated with the electronic database software system in use by the municipality; violation of any other statute, regulation, or local ordinance; or any other illegal, improper, or fraudulent activity.

      2.   Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police or his (or her) designee shall issue a written notice of suspension of license to the offending dealer and to the Municipal Clerk, which shall set forth the grounds for the suspension, and notify the dealer of his or her right to appeal pursuant to paragraph g,2. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale, receiving for pawn, and/or selling of precious metals and/or other secondhand goods in the municipality until reinstatement.

      3.   Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or his (or her) designee, been cured, corrected, or appropriately rectified, or upon the decision of a timely filing of an appeal as provided in paragraph g,2.

   g.   Revocation. A license issued under this section may be revoked by the Municipal Clerk  upon written recommendation from the Chief of Police or his (or her) designee that the dealer is no longer qualified, capable or competent to comply with the requirements of this section. This penalty shall be in addition to any fines and penalties the dealer may incur under subsection 5-13.10.

      1.   Grounds for Revocation. The following shall constitute grounds for revocation: a third violation under this section; a second violation under this section less than one year after an earlier violation under this section; conviction for a criminal offense within this or any jurisdiction; or multiple violations of any other regulations or local ordinances within this or any jurisdiction.

      2.   Procedure for Revocation. Upon a determination that appropriate grounds exist and that revocation is warranted, the Chief of Police or his (or her) designee shall so report to the Municipal Clerk in writing. A temporary suspension will immediately and automatically be issued, if one is not already in effect, pending the outcome of the charge.  The determination by the Chief of Police or his (or her) designee shall be final unless the licensee files a written notice of appeal with the Municipal Clerk within 10 days after receiving the written notice of the decision. The appeal shall be a hearing before the Township Manager or his (or her) designee. Written notice of the time and place of such hearing shall be served upon the licensee at least 72 hours prior to the date set for such hearing. Notice may be given either by personal delivery or by regular mail to the address listed on the license. At the hearing before the Township Manager or his (or her) designee, the licensee shall have an opportunity to answer, introduce evidence, and present testimony of witnesses, and upon due consideration and deliberation by the Township Manager or his (or her) designee, the license may be revoked, suspended or other actions taken, or the complaint may be dismissed. The decision of the Township Manager or his (or her) designee shall constitute final administrative action of the municipality.

      3.   Following revocation or suspension by the Township Manager or his (or her) designee, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals or other secondhand goods within the municipality.

   h.   A dealer shall have the right to change the location of the licensed business, provided that he or she notifies the Mercantile License Officer, in writing, of the street address of said new location prior to the move.

(Ord. No. 2015-2252)

 

5-13.8     Bond.

   Each licensee shall deliver a bond to the Township Clerk, executed by the applicant as principal, and executed by a surety company authorized to do business under the laws of the State of New Jersey, as surety. The bond shall be subject to the review and approval by the Township Attorney, as defined in N.J.S.A. 40A:9-139, and be in the penal sum of $10,000, conditioned upon the due and proper observance of and compliance with the provisions and requirements of all existing or future Township ordinances relating to the conduct of the secondhand dealer business, and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against a licensee by reason of any damage sustained by any such person as a result of the operations of the licensee, which damage shall be established by a judgment of a court of proper jurisdiction. The bond shall contain the following language: "The obligation of this bond shall, in addition to the Township of Ocean, be and remain for the benefit of any person who shall obtain a judgment against the obligor as a result of damage sustained in operation pursuant to any license granted by the Township of Ocean." The bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license. (Ord. No. 2015-2252)

 

5-13.9     Fees; Period of License Validity.

   A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this section, is $250. The annual renewal fee for a license is $150. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by subsection 5-13.6d. of this section. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from January 1st through December 31st. All applications for renewal must be filed on or before November 1st for renewal by January 1st of the following year. (Ord. No. 2015-2252)

 

5-13.10   Violations and Penalties.

   Violation of any provision of this section by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding ninety (90) days in addition to a suspension or revocation of operating license as provided in subsection 5-13.7f. and subsection 5-13.7g. above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and, in addition, may be subject to revocation proceedings as provided in subsection 5-13.7g. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section. (Ord. No. 2015-2252)

 

5-13.11   Time Limit for Conformance; Repealer; Severability.

   a.   Any person, partnership, limited liability company, corporation, or other entity engaging in the business of a pawnbroker, or a dealer in precious metals or other secondhand goods shall conform to the provisions of this section within ninety (90) days following the effective date of this section.

   b.   Nothing contained in this section is intended to replace any pre-existing statutory requirements governing pawnbrokers, as in N.J.S.A. 45:22-1 et seq., the sale of precious metals as in N.J.S.A. 51:6A-1 et seq., the sale of secondhand jewelry as in N.J.S.A. 2C:21-36 et seq., or any other statutory provision regarding any subject matter discussed herein.

   c.   If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

(Ord. No. 2015-2252)

 

 

5-14  Christmas Tree Sales.

 

            a.         The sale of Christmas trees by vendors who are in business of making such sales during the Christmas season and who have not obtained site plan approval for the use of a premises for the purpose of selling nursery stock and/or Christmas trees is hereby prohibited within the Township of Ocean except that the sale of the same shall be permitted in any nonresidential zone by a Township of Ocean based nonprofit organization which has been assigned a tax exempt number by the Internal Revenue Service.

            b.         Christmas trees sold by such Township of Ocean based nonprofit organizations shall not be sold prior to November 25. Any unsold Christmas trees shall be removed from the premises no later than January 2. The site of such sale shall only be staffed by the organization's volunteers and all proceeds to benefit the nonprofit organization must be utilized after non-personnel expenses.

            c.         A nonprofit organization prior to selling Christmas trees, must first obtain a permit from the license officer authorizing such sale. Any nonprofit organization applying for such permit shall be required to complete and file with the license officer an application containing the following information:

            1.         Name and address of the entity conducting the sale;

            2.         The tax lot and block and street address of the site;

            3.         The specific location and size of the sales, storage and display area;

            4.         Its IRS tax exempt number.

            d.         The zoning officer shall determine that the location and size of the sales, display and storage area is not in a landscaped area, does not interfere with on-site traffic patterns and does not unduly restrict parking for the primary site uses prior to authorizing the license officer to grant a sales permit.

            e.         The fee for the permit under this section shall be five ($5.00) dollars.

 

 

5-15        Licensing of Cats.

 

5-15.1     Definitions.

   Animal shall mean, for the purpose of this section, dog or cat.

   Animal control authority shall mean any person or agency designated or certified by the State of New Jersey to enforce the provisions of this section.

   Cat shall mean any member of the domestic feline species; male, female or altered.

   Cat of licensing age shall mean any cat which has attained the age of seven months, or which possesses a set of permanent teeth.

   Cattery shall mean any room or group of rooms, cage, or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.

   Licensing authority shall mean the agency or division of health or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this section.

   Neutered shall mean rendered permanently incapable of reproduction as certified by a licensed veterinarian.

   Owner, when applied to the proprietorship of a cat, shall include every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping, or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.

   Person shall mean any individual, corporation, partnership, organization, or institution commonly recognized by law as a unit.

 

5-15.2     Provisions Relating to Rabies Vaccination of Cats.

   a.   Vaccination and License Requirements. No person shall own, keep, harbor, or maintain any cat over seven months of age within the Township of Ocean unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held in a cattery, or those held by a state or federal licensed research facility, or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatments, or licensed animal shelters, pounds, kennels, or pet shops.

   b.   Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the latest "Compendium of Animal Rabies Vaccines and Recommendations for Immunization" published by the National Association of State Public Health Veterinarians, except as provided for in paragraph d.

   c.   Vaccination Certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the State.

   d.   Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the division of health, upon presentation of a veterinarian's certificate stating that because of an infirmity or other physical condition, or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.

(Ord. No. 1626 § 2; Ord. No. 1758 § 1)

 

5-15.3     Licensing Requirements.

   a.   Cats Must Have License Number Displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the clerk of the municipality, or other official designated by the governing body thereof to license cats in the municipality in which he/she resides, a license and official registration tag with license number, or a registration sleeve for each cat so owned, kept, or harbored, and shall place upon such cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying license number shall include, but are not limited to breakaway or elastic collars. License tags or sleeves are not transferable.

   b.   Time for Applying for License. The owner of any newly acquired cat of licensing age, or of any cat which attains licensing age, shall make application for license tag or sleeve for such cat within ten days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Township of Ocean for no longer than 90 days.

   c.   Cats Brought into Jurisdiction. Any person who shall bring, or cause to be brought into this township any cat licensed in another state for the current year, and bearing registration tag or sleeve, and shall keep the same or permit the same to be kept within the Township of Ocean for a period of more than 90 days, shall immediately apply for a license and registration tag or sleeve for such cat.

   Any person who shall bring or cause to be brought into this township any unlicensed cat, and shall keep same or permit same to be kept within the township for a period of more than ten days, shall immediately apply for a license and registration tag or sleeve for each such cat.

   d.   Application, Contents, Preservation of Information. The application shall state the breed, sex, age, color and markings of the cat for which license and registration are sought, and whether it is of a long or short haired variety; also the name, street, and post office address of the owner, and the person who shall keep or harbor such cat. The information on said application and the registration number issued for the cat shall be preserved for a period of three years by the clerk or other local official designated to license cats in the municipality.

   e.   License Forms and Tags. License forms and official tags or sleeves shall be furnished by the municipality and shall be numbered serially, and shall bear the year of issuance and the name of the municipality.

   f.    Evidence of Inoculation with Rabies Vaccine or Certification of Exemption; Requirement for License. No municipal clerk or other official designated by the governing body of any municipality to license cats therein shall grant any such license and official registration tag or sleeve for any cat, unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Agriculture and the United States Department of Human Services, or has been certified exempt as provided by subsection 5-15.2 of this section. The rabies inoculation shall be administered by a duly licensed veterinarian, or by such other veterinarian permitted by law to do the same.

   g.   License Fee Schedule. A license shall be issued after payment of a fee of eleven ($11.00) dollars for each unneutered cat, and eight ($8.00) dollars for each neutered cat.

   h.   Fees, Renewals, Expiration Date of License. License from another municipality shall be accepted. The person applying for the license and registration tag shall pay the fee established by the Township of Ocean. The fee for the renewal of license and registration tag shall be for the same as for the original, and said license and registration tag and renewal thereof shall be done on or before January 31st of each year. (Ord. No. 2290)

   Only one license and registration tag or sleeve shall be required in the licensing year for any cat in this township. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance.

   i.    Loss of License. If a license tag or sleeve has been misplaced or lost, the department of health may issue a duplicate license and/or registration sleeve for that particular cat at a fee of one ($1.00) dollar.

   j.    Proof of Licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining, or harboring a cat, upon the request of any health official, police officer, animal control officer, or other authorized person.

   k.   Interfering with Persons Performing Duties under This Section. No person shall hinder, molest, or interfere with anyone authorized or empowered to perform any duty under this section.

   l.    Disposition of Fees Collected. License fees and other moneys collected or received under the provisions of this section, shall be forwarded to the chief financial officer of the municipality, and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: collecting, keeping, and disposing of cats liable to seizure, for local prevention and control of rabies, providing anti-rabies treatment under the direction of the local board of health for any person known or suspected to have been exposed to rabies, and for administering the provisions of this section. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following, and may be used for any of the purposes set forth in this section. At the end of the said third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality any amount then in such account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.

(Ord. No. 1626 § 3; Ord. No. 2153; Ord. No. 2015-2254; Ord. No. 2290)

 

5-15.4     Penalty.

   a.   Violations of Section; Penalty. Except as otherwise provided in this section, any person who violates, or who fails or refuses to comply with this section, shall be liable to a penalty of not less than five ($5.00) dollars nor more than two thousand ($2,000.00) dollars for each offense, to be recovered by and in the name of the local Board of Health, or by and in the name of the municipality. (Ord. 1626, § 4; Ord. No. 2014-2217)

 

 



* The general power to license and to prescribe license fees is contained in R.S. 40:52-1.2. Licensing is also a part of the general police power granted by R.S. 40:69A-29,30. The statute that provides for the licensing of dogs is R.S. 4:19-15.1 et seq.

CHAPTER V LICENSES*
Published by ClerkBase
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