Township of Deptford, NJ
Gloucester County
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Table of Contents
Table of Contents

§ 4-1
PERMITS AND LICENSES. 

§ 4-1.1
Title. 

§ 4-1.2
Definitions. 

§ 4-1.3
Procedure for issuance of conditional permits and licenses. 

§ 4-1.4
Default or breach of terms or conditions; request for hearing. 

§ 4-1.5
Hearing; findings; order to comply. 

§ 4-1.6
Assessment of costs. 

§ 4-1.7
Release of security. 

§ 4-1.8
Notices. 

§ 4-1.9
Purpose and intent; scope. 

§ 4-2
PEDDLERS, HAWKERS, VENDORS AND SEASONAL SALES VENDORS. 

§ 4-2.1
License and compliance required. 

§ 4-2.2
Definitions. 

§ 4-2.3
Application for peddler, hawker, vendor, solicitor and canvasser's license. 

§ 4-2.4
Application for seasonal sales vendor's license. 

§ 4-2.5
Investigation. 

§ 4-2.6
Grounds for denial of a peddlers, hawkers, vendors, solicitors, canvassers and seasonal sales vendors license. 

§ 4-2.7
Issuance of license. 

§ 4-2.8
Fee. 

§ 4-2.9
Exhibition of license. 

§ 4-2.10
Duration of license. 

§ 4-2.11
Revocation. 

§ 4-2.12
Appeal. 

§ 4-2.13
Inspection of equipment. 

§ 4-2.14
Exception. 

§ 4-2.15
Prohibition of fixed location sales. 

§ 4-2.16
Penalty. 

§ 4-2.17
Enforcement. 

§ 4-3
AMUSEMENT GAMES. 

§ 4-3.1
Definitions. 

§ 4-3.2
License required; types of licenses. 

§ 4-3.3
License fees. 

§ 4-3.4
Application information; execution of consent to enter form. 

§ 4-3.5
Application procedure; investigation. 

§ 4-3.6
Revocation of license; hearings. 

§ 4-3.7
Substitution of games. 

§ 4-3.8
Transferability of license. 

§ 4-3.9
Redemption games. 

§ 4-3.10
Regulations and restrictions. 

§ 4-3.11
Posting and display of license. 

§ 4-3.12
Gambling prohibited; display of obscene materials. 

§ 4-3.13
Expiration and renewal of license. 

§ 4-3.14
License and other requirements of nonprofit, charitable, religious and other such organizations. 

§ 4-3.15
Purpose. 

§ 4-3.16
Violations and penalties. 

§ 4-4
TAXICABS AND LIMOUSINES. 

§ 4-4.1
Title. 

§ 4-4.2
Definitions. 

§ 4-4.3
License required. 

§ 4-4.4
Classes of licenses. 

§ 4-4.5
Owner's license. 

§ 4-4.6
Driver's license. 

§ 4-4.7
Application for owner's license. 

§ 4-4.8
Issuance and expiration of licenses. 

§ 4-4.9
Number of licenses. 

§ 4-4.10
Insurance required. 

§ 4-4.11
Power of Attorney. 

§ 4-4.12
Qualifications for driver's license; application requirements. 

§ 4-4.13
Suspensions and revocations. 

§ 4-4.14
Violations and penalties. 

§ 4-4.15
License fees. 

§ 4-4.16
Transfer of license. 

§ 4-4.17
Rate of fare. 

§ 4-4.18
Identification required; condition of vehicle. 

§ 4-4.19
Parking restrictions. 

§ 4-4.20
Solicitation of business. 

§ 4-4.21
Receipt and discharge of passengers. 

§ 4-4.22
Minimum use of vehicles. 

§ 4-4.23
Substitution of vehicles; transfer fee. 

§ 4-5
YARD SALES. 

§ 4-5.1
Definitions. 

§ 4-5.2
Permit required. 

§ 4-5.3
Application for permit. 

§ 4-5.4
Signs. 

§ 4-5.5
Nonapplicability of provisions. 

§ 4-5.6
Waiver of requirements. 

§ 4-5.7
Violations and penalties. 

§ 4-6
ESTABLISHMENTS FOR THE SALE, RENTAL AND REPAIR OF MOTOR VEHICLES. 

§ 4-6.1
Short title. 

§ 4-6.2
Definitions. 

§ 4-6.3
Application for license. 

§ 4-6.4
Fees. 

§ 4-6.5
Township Council to act as approving agency. 

§ 4-6.6
Expiration and renewal of licenses. 

§ 4-6.7
Separate license for each location required; transferability of license. 

§ 4-6.8
Operation of business to conform as condition of licensing. 

§ 4-6.9
Other standards to be met. 

§ 4-6.10
Fire protection. 

§ 4-6.11
Minimum size of lots. 

§ 4-6.12
Conduct of business; maintenance of premises. 

§ 4-6.13
Applicant to secure other necessary permits. 

§ 4-6.14
Responsibility for employees' acts. 

§ 4-6.15
Handling of questionable items; immediate report. 

§ 4-6.16
Compliance with rules and regulations. 

§ 4-6.17
Periodic inspections. 

§ 4-6.18
Revocation of license. 

§ 4-6.19
New car dealers. 

§ 4-6.20
Regulations for used car dealers. 

§ 4-6.21
Automotive repair establishments: additional provisions. 

§ 4-6.22
Motor vehicle rental agency: additional provisions. 

§ 4-6.23
Numbering of licenses; number of licenses to be issued. 

§ 4-6.24
Grounds for denial. 

§ 4-6.25
Operational restrictions. 

§ 4-6.26
Violations and penalties. 

§ 4-7
SERVICE STATIONS. 

§ 4-7.1
Definitions. 

§ 4-7.2
License required; application. 

§ 4-7.3
Fees. 

§ 4-7.4
Township Council to act as approving agency. 

§ 4-7.5
Expiration and renewal of licenses. 

§ 4-7.6
Separate license required for each location; transferability. 

§ 4-7.7
Conformance with provisions required for licensing. 

§ 4-7.8
Additional standards. 

§ 4-7.9
Fire protection. 

§ 4-7.10
Restrictions. 

§ 4-7.11
Violations and penalties. 

§ 4-8
LICENSING OF JUNKYARDS. 

§ 4-8.1
License required. 

§ 4-8.2
Definitions. 

§ 4-8.3
Application for license. 

§ 4-8.4
Application to be accompanied by fee. 

§ 4-8.5
Approval of application by Township Council. 

§ 4-8.6
Expiration and renewal of licenses. 

§ 4-8.7
Separate license for each location; transferability. 

§ 4-8.8
License fee. 

§ 4-8.9
Issuance requirement. 

§ 4-8.10
Operation of junkyards. 

§ 4-8.11
Public view; fire lanes. 

§ 4-8.12
Hammering and pounding. 

§ 4-8.13
Storage within enclosure. 

§ 4-8.14
Right to inspect. 

§ 4-8.15
Deposit of junk; permission required. 

§ 4-8.16
Storage of automobiles; permission required. 

§ 4-8.17
Licenses subject to rules of Township Council. 

§ 4-8.18
Revocation of license. 

§ 4-8.19
Restrictions on issuance. 

§ 4-8.20
License renewal. 

§ 4-8.21
Violations and penalties. 

§ 4-9
RIDING ACADEMIES. 

§ 4-9.1
License required. 

§ 4-9.2
Application. 

§ 4-9.3
Approval; issuance; fee. 

§ 4-9.4
Duration of license. 

§ 4-9.5
Exhibition of license. 

§ 4-9.6
License fees. 

§ 4-9.7
Violations and penalties. 

§ 4-10
DISCHARGE OF FIREARMS; LICENSING OF PISTOL OR RIFLE RANGE. 

§ 4-10.1
Discharging firearms; restrictions. 

§ 4-10.2
Other provisions. 

§ 4-10.3
Application. 

§ 4-10.4
Issuance of permit. 

§ 4-10.5
Violations and penalties. 

§ 4-1 PERMITS AND LICENSES.

§ 4-1.1 Title.

§ 4-1.2 Definitions.

§ 4-1.3 Procedure for issuance of conditional permits and licenses.

§ 4-1.4 Default or breach of terms or conditions; request for hearing.

§ 4-1.5 Hearing; findings; order to comply.

§ 4-1.6 Assessment of costs.

§ 4-1.7 Release of security.

§ 4-1.8 Notices.

§ 4-1.9 Purpose and intent; scope.

§ 4-2 PEDDLERS, HAWKERS, VENDORS AND SEASONAL SALES VENDORS.

§ 4-2.1 License and compliance required.

§ 4-2.2 Definitions.

§ 4-2.3 Application for peddler, hawker, vendor, solicitor and canvasser's license.

§ 4-2.4 Application for seasonal sales vendor's license.

§ 4-2.5 Investigation.

§ 4-2.6 Grounds for denial of a peddlers, hawkers, vendors, solicitors, canvassers and seasonal sales vendors license.

§ 4-2.7 Issuance of license.

§ 4-2.8 Fee.

§ 4-2.9 Exhibition of license.

§ 4-2.10 Duration of license.

§ 4-2.11 Revocation.

§ 4-2.12 Appeal.

§ 4-2.13 Inspection of equipment.

§ 4-2.14 Exception.

§ 4-2.15 Prohibition of fixed location sales.

§ 4-2.16 Penalty.

§ 4-2.17 Enforcement.

§ 4-3 AMUSEMENT GAMES.

§ 4-3.1 Definitions.

§ 4-3.2 License required; types of licenses.

§ 4-3.3 License fees.

§ 4-3.4 Application information; execution of consent to enter form.

§ 4-3.5 Application procedure; investigation.

§ 4-3.6 Revocation of license; hearings.

§ 4-3.7 Substitution of games.

§ 4-3.8 Transferability of license.

§ 4-3.9 Redemption games.

§ 4-3.10 Regulations and restrictions.

§ 4-3.11 Posting and display of license.

§ 4-3.12 Gambling prohibited; display of obscene materials.

§ 4-3.13 Expiration and renewal of license.

§ 4-3.14 License and other requirements of nonprofit, charitable, religious and other such organizations.

§ 4-3.15 Purpose.

§ 4-3.16 Violations and penalties.

§ 4-4 TAXICABS AND LIMOUSINES.

§ 4-4.1 Title.

§ 4-4.2 Definitions.

§ 4-4.3 License required.

§ 4-4.4 Classes of licenses.

§ 4-4.5 Owner's license.

§ 4-4.6 Driver's license.

§ 4-4.7 Application for owner's license.

§ 4-4.8 Issuance and expiration of licenses.

§ 4-4.9 Number of licenses.

§ 4-4.10 Insurance required.

§ 4-4.11 Power of Attorney.

§ 4-4.12 Qualifications for driver's license; application requirements.

§ 4-4.13 Suspensions and revocations.

§ 4-4.14 Violations and penalties.

§ 4-4.15 License fees.

§ 4-4.16 Transfer of license.

§ 4-4.17 Rate of fare.

§ 4-4.18 Identification required; condition of vehicle.

§ 4-4.19 Parking restrictions.

§ 4-4.20 Solicitation of business.

§ 4-4.21 Receipt and discharge of passengers.

§ 4-4.22 Minimum use of vehicles.

§ 4-4.23 Substitution of vehicles; transfer fee.

§ 4-5 YARD SALES.

§ 4-5.1 Definitions.

§ 4-5.2 Permit required.

§ 4-5.3 Application for permit.

§ 4-5.4 Signs.

§ 4-5.5 Nonapplicability of provisions.

§ 4-5.6 Waiver of requirements.

§ 4-5.7 Violations and penalties.

§ 4-6 ESTABLISHMENTS FOR THE SALE, RENTAL AND REPAIR OF MOTOR VEHICLES.

§ 4-6.1 Short title.

§ 4-6.2 Definitions.

§ 4-6.3 Application for license.

§ 4-6.4 Fees.

§ 4-6.5 Township Council to act as approving agency.

§ 4-6.6 Expiration and renewal of licenses.

§ 4-6.7 Separate license for each location required; transferability of license.

§ 4-6.8 Operation of business to conform as condition of licensing.

§ 4-6.9 Other standards to be met.

§ 4-6.10 Fire protection.

§ 4-6.11 Minimum size of lots.

§ 4-6.12 Conduct of business; maintenance of premises.

§ 4-6.13 Applicant to secure other necessary permits.

§ 4-6.14 Responsibility for employees' acts.

§ 4-6.15 Handling of questionable items; immediate report.

§ 4-6.16 Compliance with rules and regulations.

§ 4-6.17 Periodic inspections.

§ 4-6.18 Revocation of license.

§ 4-6.19 New car dealers.

§ 4-6.20 Regulations for used car dealers.

§ 4-6.21 Automotive repair establishments: additional provisions.

§ 4-6.22 Motor vehicle rental agency: additional provisions.

§ 4-6.23 Numbering of licenses; number of licenses to be issued.

§ 4-6.24 Grounds for denial.

§ 4-6.25 Operational restrictions.

§ 4-6.26 Violations and penalties.

§ 4-7 SERVICE STATIONS.

§ 4-7.1 Definitions.

§ 4-7.2 License required; application.

§ 4-7.3 Fees.

§ 4-7.4 Township Council to act as approving agency.

§ 4-7.5 Expiration and renewal of licenses.

§ 4-7.6 Separate license required for each location; transferability.

§ 4-7.7 Conformance with provisions required for licensing.

§ 4-7.8 Additional standards.

§ 4-7.9 Fire protection.

§ 4-7.10 Restrictions.

§ 4-7.11 Violations and penalties.

§ 4-8 LICENSING OF JUNKYARDS.

§ 4-8.1 License required.

§ 4-8.2 Definitions.

§ 4-8.3 Application for license.

§ 4-8.4 Application to be accompanied by fee.

§ 4-8.5 Approval of application by Township Council.

§ 4-8.6 Expiration and renewal of licenses.

§ 4-8.7 Separate license for each location; transferability.

§ 4-8.8 License fee.

§ 4-8.9 Issuance requirement.

§ 4-8.10 Operation of junkyards.

§ 4-8.11 Public view; fire lanes.

§ 4-8.12 Hammering and pounding.

§ 4-8.13 Storage within enclosure.

§ 4-8.14 Right to inspect.

§ 4-8.15 Deposit of junk; permission required.

§ 4-8.16 Storage of automobiles; permission required.

§ 4-8.17 Licenses subject to rules of Township Council.

§ 4-8.18 Revocation of license.

§ 4-8.19 Restrictions on issuance.

§ 4-8.20 License renewal.

§ 4-8.21 Violations and penalties.

§ 4-9 RIDING ACADEMIES.

§ 4-9.1 License required.

§ 4-9.2 Application.

§ 4-9.3 Approval; issuance; fee.

§ 4-9.4 Duration of license.

§ 4-9.5 Exhibition of license.

§ 4-9.6 License fees.

§ 4-9.7 Violations and penalties.

§ 4-10 DISCHARGE OF FIREARMS; LICENSING OF PISTOL OR RIFLE RANGE.

§ 4-10.1 Discharging firearms; restrictions.

§ 4-10.2 Other provisions.

§ 4-10.3 Application.

§ 4-10.4 Issuance of permit.

§ 4-10.5 Violations and penalties.

§ 4-1 PERMITS AND LICENSES.

Editor's Note: See Chapter 2, Section 2-72, "Payment of Taxes Required in Advance of Issuing Municipal Licenses or Permits."

§ 4-1.1 Title.

[Ord. No. 0-9-74; 1967 Code § 47A-1]

This section shall be referred to as the "Regulation for Issuing Permits and Licenses."

§ 4-1.2 Definitions.

[Ord. No. 0-9-74; 1967 Code § 47A-2]

As used in this section:

ISSUING AUTHORITY
The Township Manager, Township Council, any Municipal official or any Municipal official, body, board, commission or agency authorized by any ordinance of the Township heretofore or hereafter adopted, empowered to issue any permit or license.
LICENSE OR PERMIT
Any license or permit authorized to be issued pursuant to any section of the Township heretofore or hereafter adopted.

§ 4-1.3 Procedure for issuance of conditional permits and licenses.

[Ord. No. 0-9-74; 1967 Code § 47A-3]
a. 

Whenever any issuing authority of the Township issues any permit and/or license hereunder which is made subject to the applicant's and/or licensee's faithful performance of any term(s) and/or condition(s) to be effected at or after the issuance of that license or permit, before such permit and/or license shall issue, the applicant and/or licensee shall be required to post with the Township Manager such sum in cash or by a bond issued by a reputable surety company or such other form of guaranty in such amount as recommended by the issuing authority to assure faithful compliance with the conditional approval of such permit and/or license. All surety bonds or other forms of guaranty, other than cash, shall be approved in form and substance by the Township Solicitor prior to the issuance of the permit and/or license.

b. 

All terms and conditions requiring the posting of surety, in accordance with paragraph a. hereof, shall be clearly set forth or attached to such license.

c. 

If the sum to be posted by the applicant or licensee is $1,000 or less, the Township Manager, in his discretion, may request that such sum be posted in cash only. All sums of cash duly posted with the Township Manager shall be deposited in escrow in an interest bearing account.

d. 

Before any license and/or permit shall issue hereunder, the applicant or licensee and his surety and/or guarantor shall be required to post with the Township Manager the name and address of that person and/or persons upon whom service of process and notice is required pursuant to the provisions of this section as may be made within the State of New Jersey.

e. 

Whenever the issuance of any permit or license is made subject to this section, the applicant and/or licensee, and where applicable, his surety and/or guarantor shall be required to acknowledge in writing that he and/or they are aware that such permit or license is being issued in accordance with the terms and provisions of this section and of his and/or their consent to be bound thereby, and further acknowledge the provisions of subsection 4-1.6, paragraph e. in reference to chargeable attorney's fees and costs.

§ 4-1.4 Default or breach of terms or conditions; request for hearing.

[Ord. No. 0-9-74; 1967 Code § 47A-4]
a. 

Default or breach.

1. 

Upon the applicant or licensee's default or breach of any term and/or condition hereunder the Township Manager may serve written notice upon the licensee or applicant of his intent to perform and/or effect performance of that term and/or condition hereunder. The Township Manager may serve written notice upon the licensee or applicant of his intent to perform and/or effect performance of that term and/or condition breached or in default, and to assess such costs against the cash, performance bond or other security posted.

2. 

Service of the Township Manager's written notice may be made either personally or by certified mail, return receipt requested. The Township Manager shall also serve such written notice upon any surety and/or guarantor of record.

b. 

Request for hearing.

1. 

The applicant and/or licensee and, if applicable, any surety and/or guarantor so served may request a hearing before the Township Manager. Such request must be made in writing and served either personally or by certified mail, return receipt requested, on the Township Manager within five days after receipt of the written notice.

2. 

Failure to request such a hearing within the designated time shall constitute an authorization to the Township Manager to perform and/or effect the terms and/or conditions breached or in default, and to assess such costs against the cash and/or surety posted as may be required to correct such breach or cure such default.

3. 

Where the interest of justice so requires, the Township Manager may waive the strict enforcement of any of the above provisions.

§ 4-1.5 Hearing; findings; order to comply.

[Ord. No. 0-9-74; 1967 Code § 47A-5]
a. 

Whenever a hearing is requested in accordance with the provisions of subsection 4-1.4, paragraph b., the Township Manager shall fix a time and place no less than three nor more than 14 days after the request is made (such time limited may be abbreviated or extended by mutual consent). All parties in interest shall be given a right to appear in person, or otherwise (such as by filing of affidavits, written responses, etc.), and give testimony. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Township Manager, or such person as he may designate to hold this hearing.

b. 

Findings; order to comply; authority to remedy.

1. 

If, after such notice and hearing, the Township Manager or his designee determines that the applicant or licensee has breached and/or is in default of any term(s) and condition(s) as specified in his permit and/or license, he shall so state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the applicant or licensee, and any party in interest, an order:

(a) 

Requiring the correction of the breach or the curing of the default within such time period as he deems reasonable; and

(b) 

Where the applicant or licensee, or any party in interest fails to comply with the above order, the Township Manager or his designee may cause to be performed or effected the correction or curing of the conditions and terms breached and/or in default, and to make the appropriate assessment of costs against such surety as posted.

2. 

The determination and order of the Township Manager shall be construed as a final administrative action. Any person aggrieved by any such order, may within 45 days after the service of such order, bring an action for injunctive relief to restrain the Township Manager or his designee from carrying out the provisions of the order or for any other appropriate relief.

§ 4-1.6 Assessment of costs.

[Ord. No. 0-9-74; 1967 Code § 47A-6]
a. 

When required, by reason of the failure of any applicant or licensee to correct or cure any breach and/or default in accordance with the terms and conditions of the permit and/or license, the Township Manager or his designee has expended any sum to correct or cure such breach and/or default, the Township Manager shall then prepare a certified statement of such costs expended. The original statement shall be filed in the office of the Department of Community Development and a copy served on all parties in interest, including the issuing authority.

b. 

Where a cash surety has been posted, the Township Manager, after service of the certified statement of costs is effected, shall authorize the Comptroller to issue a check and/or draft for reimbursement of such costs to be made payable to the Township.

c. 

Where a surety bond, or other form of guaranty or surety other than cash has been posted, the Township Manager shall, in addition to the certified statement of costs, serve a written demand for payment within 30 days of such costs upon the surety, or guarantor or such other party in interest responsible for payment. A copy of the certified statement of costs and demand for payment shall also be served upon the applicant or licensee.

d. 

Where the assessed cost is in excess of the surety posted, the Township Manager shall so specify in his written notice; and he shall make a request for such additional amount from the applicant or licensee in the same manner as provided in paragraph c. hereof. Failure of the applicant or licensee to make the payment within 30 days from receipt of notice of an additional amount due shall, in the event legal process is necessary to collect such sum, be liable for reasonable attorney's fees and court costs as enumerated in paragraph e. hereof.

e. 

Where the Township Manager is required to institute legal process because of the failure of any applicant, licensee, surety, guarantor and any other party in interest to make payment of costs determined to be lawfully due hereunder, the applicant, licensee, surety, guarantor or other party in interest shall, in addition to such assessed costs, reimburse the Township for reasonable attorney's fees and court costs, notwithstanding that such attorney's fees and court costs may be in excess of the principal amount of the surety posted.

§ 4-1.7 Release of security.

[Ord. No. 0-9-74; 1967 Code § 47A-7]
a. 

Upon compliance with the terms and conditions set forth in the permit and/or license, the applicant and/or licensee shall serve written notice of such compliance upon the Township Manager, requesting return or cancellation of the security posted. The Township Manager, within 14 days, after receipt of notice, shall cause a review of the permit and/or license:

1. 

If the Township Manager determines that full compliance has been made, he shall refund or cause the security posted to be canceled.

2. 

If the Township Manager determines that there is only partial compliance, he shall refund or authorize cancellation of that portion of the security posted, which shall leave an amount sufficient to assure correction and/or completion of those terms and conditions remaining to be met.

3. 

If the Township Manager determines that there has not been compliance as represented, he shall not refund or cancel any of the security posted.

4. 

All determinations required to be made by the Township Manager pursuant to paragraph a,2. and a,3. hereof shall be made in writing and served on the applicant or licensee. In the event that the Township Manager shall fail to post for mailing his written determination by the 14th day as required hereunder (or in the alternative to effect personal service within that period of time) the security posted shall be refunded and/or canceled.

b. 

Notwithstanding any of the above provisions, the Township Manager may at any time, in his discretion and without notice, refund and/or cancel all or part of any security posted, where in his judgment total and/or partial compliance with the terms and conditions of the permit and/or license have been met.

c. 

The Township Manager's written communication shall constitute the final administrative determination, appeal from which shall be taken by any applicant and/or licensee within 45 days from the date of receipt and/or service of the Township Manager's decision.

§ 4-1.8 Notices.

[Ord. No. 0-9-74; 1967 Code § 47A-8]

All notices required to be given hereunder, unless otherwise specifically stated to the contrary, shall be in writing and shall be served by certified mail, return receipt requested, or by personal service.

§ 4-1.9 Purpose and intent; scope.

[Ord. No. 0-9-74; 1967 Code § 47A-9]
a. 

The purpose of this section is to establish proceedings and remedies supplemental to existing ordinances and ordinances to be adopted by the Township concerning the issuance of permits and licenses within the Township in order to create a reasonable enforcement procedure to assure compliance with those conditions and terms set by the Township required to be met by any applicant or licensee at and/or after issuance of the permit or license.

b. 

The terms and provisions of this section shall not be interpreted to limit, amend, bar, abrogate or repeal any right, remedy, procedure, duty and/or responsibility established in any other ordinance presently or hereafter adopted concerning the issuance of licenses and permits within the Township; nor are the terms and provisions of this section intended to bar or limit any issuing authority of the Township to institute proceedings, or to take such other action as may be permitted for the revocation or suspension of any license or permit predicated upon the failure of any applicant or licensee to comply with any of the terms and conditions of his permit and/or license.

c. 

Likewise, the terms and provisions of this section shall not be interpreted to limit, bar, substitute or foreclose to any applicant or licensee any other statutory or Municipal right or appeal permitted.

§ 4-2 PEDDLERS, HAWKERS, VENDORS AND SEASONAL SALES VENDORS.

Editor's Note: Section 3 of Ordinance No. 0.4.91 states: The purpose and intent of this section is to establish regulations relative to seasonal sales of goods and merchandise during specific "Seasonal" time periods defined as Christmas, Valentine's Day, Easter and Mother's Day, and to prohibit Seasonal Sales in all residential zoned classifications as set forth in the Zoning Code of the Township of Deptford by Ordinance 0.1.89 adopted May 11, 1989. In addition, this ordinance prohibits stationary vendors from selling merchandise outdoors without receiving required planning/zoning approvals and clarifies the application/approval process.

§ 4-2.1 License and compliance required.

[Ord. No. 4-13-59; 1967 Code § 47-1; Ord. No. 0.20.97 § 1]
a. 

It shall be unlawful for any peddler, hawker, vendor, canvasser, seasonal sales vendor or solicitor as hereinafter defined to engage in such activity within the Township without first obtaining a license therefor in accordance with the provisions of this section.

b. 

It shall be unlawful for any peddler, hawker, vendor, canvasser, seasonal sales vendor or solicitor as hereinafter defined to operate from any particular location, unless such location complies with all the requirements of the Uniform Development Ordinances and all necessary approvals have been granted for such location by the Planning Board and/or Zoning Board of Adjustment.

c. 

Compliance with the requirements of the Uniform Development Ordinance and approval from the Planning Board and/or Zoning Board of Adjustment shall not be required of any bona fide charitable or religious nonprofit organization located within the Township of Deptford which sells products under this section for fund-raising for its own use, and conducts such sales on property it owns in the Township of Deptford which already has parking, lighting and sanitary facilities.

§ 4-2.2 Definitions.

[Ord. No. 4-13-59; 1967 Code § 47-2; Ord. No. 0.4.91 §§ 4, 5; Ord. No. 0.6.92 § 2]

As used in this section:

ITINERANT MERCHANTS, TRANSIENT VENDORS AND SALESMEN
And be defined in the category of peddler, hawker, vendor, solicitor or canvasser, as set forth in this subsection.
MERCHANDISE (PEDDLER, HAWKER, VENDOR, SOLICITOR OR CANVASSER)
And include all goods, wares, foods, fruits, vegetables, farm products, books, magazines, periodicals, arts, crafts and all kinds of articles of personal property for domestic use.
MERCHANDISE (SEASONAL SALES)
Includes Christmas trees, Christmas wreaths, Christmas grave blankets, Christmas arts and crafts, Valentine's Day flowers, Easter flowers, Easter baskets, Mother's Day flowers, Mother's Day baskets and other articles of arts and crafts related to the seasonal sales activity.
NONPROFIT SEASONAL SALES VENDOR
Any nonprofit religious, charitable, educational, civic or veteran organization, society, association, service, club, volunteer first aid organization or fire company which is located within and services the Township; and sells goods and merchandise at a specific location either owned by the nonprofit organization or at a location not owned by the nonprofit organization, having the written consent of the owners of property to conduct seasonal sales activities within the Township.
PEDDLER, HAWKER AND VENDOR
And include any person, whether a resident of the Township or not, traveling either by foot, vehicle or any other type of conveyance, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and delivering articles to purchasers.
PERSON
And include any partnerships, partner, corporation or corporations, or persons, except as defined in subsection 4-2.11, paragraph c. hereinafter.
SEASONAL SALES TIME PERIOD
A specific time period to sell goods and/or merchandise as follows:
a. 

CHRISTMAS — A time period not to exceed 30 days, including Christmas Day and 29 days preceding Christmas Day.

b. 

EASTER — A time period not to exceed five days, including Easter and the four days preceding Easter.

c. 

MOTHER'S DAY — A time period not to exceed five days, including Mother's Day and the four days preceding Mother's Day.

d. 

VALENTINE'S DAY — A time period not to exceed five days, including Valentine's Day, and the four days preceding Valentine's Day.

SEASONAL SALES VENDOR
A person who sells goods and/or merchandise for a specified, limited purpose and period of time at a location owned by and/or leased by the applicant.
SOLICITOR OR CANVASSER
And include any person, whether a resident of the Township or not, who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders for the sale of services, goods, wares or merchandise, or personal property of any nature whatsoever for future delivery or for services to be performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject for such order, and whether or not he is collecting advance payments on such orders.

§ 4-2.3 Application for peddler, hawker, vendor, solicitor and canvasser's license.

[Ord. No. 4-13-59; 1967 Code § 47-3; Ord. No. 0.4.91 §§ 7, 8]
a. 

Applicants for a license under this section shall file with the Department of Community Development and Inspection a sworn application to be made in writing on a format to be furnished by the Department which shall provide the following:

1. 

Name, address and telephone number of the organization (profit or nonprofit) and/or business applying for a license under the provisions of this section.

2. 

Name, address, telephone number and description of those individuals to be employed by and engaged in peddling, hawking, soliciting or canvassing.

3. 

The place or places of residence of the organization (profit or nonprofit) and/or business applying for a license, as well as those individuals engaged by the organization and/or business in conducting peddling, hawking, vending, soliciting and canvassing activities.

4. 

Social security numbers and driver's license numbers of individuals of the organization (profit or nonprofit) and/or business, engaged in the activities of peddling, hawking, vending, soliciting and canvassing.

5. 

Social security numbers and driver's license numbers of those individuals engaged in peddling, hawking, vending, soliciting and canvassing for the organization (profit or nonprofit) and/or business applying for a license to conduct these activities.

6. 

A brief description of the nature of the business, the goods to be sold and the name and address of the principal office of their manufacturer as well as the name and address of the agent designated to receive service of process in the State of New Jersey of the organization (profit or nonprofit) and/or business applying for a license under this section.

7. 

The length of time for which the right to do business is desired by the organization (profit or nonprofit) and/or business applying for the license.

8. 

A photograph of the individuals employed by the organization (profit or nonprofit) and/or the business applying for a license, taken within 60 days immediately prior to the filing of the application.

9. 

The individuals employed by the organization (profit or nonprofit) and/or business applying for a license shall be fingerprinted at the request of the Chief of Police.

10. 

A statement as to whether or not the individuals employed by the organization (profit or nonprofit) and/or business applying for a license indicating whether or not those individuals have been convicted of any crime, disorderly persons offense or violation of any municipal ordinance, as well as describing the nature of the events and the punishment or penalty assessed therefore.

11. 

Whether or not orders are to be solicited or taken for future delivery of goods or performance of services by the organization (profit or nonprofit) and/or business applying for a license.

12. 

The applicant being the organization (profit or nonprofit) and/or business applying for a license shall list previous licenses issued by the Township of Deptford as well as other municipalities wherein licenses have been applied for and issued by those municipalities.

13. 

The time of soliciting, peddling, hawking, vending and canvassing shall be between the hours of 9:00 a.m. and 7:00 p.m.

§ 4-2.4 Application for seasonal sales vendor's license.

[Ord. No. 0.4.91 § 9; Ord. No. 0.20.97 § III]
a. 

Applicants for a license under this subsection shall file a sworn application with the Department of Community Development on a form to be provided. Complete applications for seasonal sales license must be submitted to the Department of Community Development 30 days prior to the actual specified time period for conducting a seasonal sales activity. An application determined to be incomplete upon review by the Department of Community Development shall be returned to the applicant. In addition, the following information shall be required:

1. 

Name, address and telephone number of the organization (profit or nonprofit) and/or business applying for a license under the provisions of this section.

2. 

Name, address, telephone number and description of those individuals to be employed by and engaged in a seasonal sales activity.

3. 

The block and lot location of the property to be utilized in conducting a seasonal sales activity.

4. 

Social security numbers and driver's license numbers of individuals of the organization (profit or nonprofit) and/or business, engaged in the seasonal sales.

5. 

Social security numbers and driver's license numbers of individuals engaged in seasonal sales for the organization (profit or nonprofit) and/or business applying for a license to conduct the activities.

6. 

The length of time for which the right to do business is desired by the organization (profit or nonprofit) and/or business applying for the license as per subsection 4-2.2, which defines the seasonal sales period.

7. 

A photograph of the individuals employed by the organization (profit or nonprofit) and/or the business applying for a license, taken within 60 days immediately prior to the filing of the application.

8. 

The individuals employed by the organization (profit or nonprofit) and/or business applying for a license shall be fingerprinted at the request of the Chief of Police.

9. 

A statement as to whether or not the individuals employed by the organization (profit or nonprofit) and/or business applying for a license indicating whether or not those individuals have been convicted of any crime, disorderly persons offense or violation of any municipal ordinance, as well as describing the nature of the events and the punishment or penalty assessed therefor.

10. 

The applicant being the organization (profit or nonprofit) and/or business applying for a license shall list previous licenses issued by the Township of Deptford as well as other municipalities wherein licenses have been applied for and issued by those municipalities.

11. 

The time of seasonal sales shall be between the hours of 9:00 a.m. and 9:00 p.m.

12. 

A property survey of the lot(s) to be prepared by a New Jersey licensed professional engineer or surveyor. A hand-drawn sketch plat may be substituted in lieu of a survey plat as determined by the Department of Community Development. The purpose of the survey plat and/or sketch plat is to determine if the proposed use of the property location is sufficient for the intended purpose of conducting seasonal sales. The following information shall be set forth on the survey and/or sketch plan submitted:

(a) 

Location of and quantities of merchandise to be stored and displayed on the lot(s).

(b) 

Location of on site parking, as well as off site parking associated with the site location.

13. 

Location of curb cut access to indicate proper ingress and egress to the site to evaluate and prevent traffic hazards, congestion or excessive interference with normal traffic movements on adjacent public streets.

14. 

Location of temporary signs in accordance with regulations set forth in the Zoning Code of the Township of Deptford.

15. 

No temporary signs advertising the seasonal sales activity shall be placed on any tree, telegraph, electric light or public utility pole or upon rocks or other natural features located within the public right-of-way. All temporary signs shall be located on the site.

16. 

No more than four temporary signs shall be erected. Temporary signs shall not exceed six square feet in area nor exceed four feet in height.

17. 

Temporary signs may not be erected prior to 48 hours of the designated seasonal sales activity and must be removed within 48 hours after the time period stated and licensed for conducting a seasonal sales activity.

18. 

No sign shall be erected that is of such character, form, shape or color that it imitates or resembles any official traffic sign, signal or device, or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle on a public street.

19. 

Temporary signs shall be kept in a proper state of repair, in accordance with the requirements of the Township's Building Code, Property Maintenance Code, and other pertinent regulations. Signs which fall into such a state of disrepair as to become unsightly or to pose a threat to public safety may be removed by the Township at the owner's expense upon proper notification by the Township.

20. 

No temporary sign shall be erected within or project over the right-of-way of any public street or sidewalk. No temporary signs placed on the site shall be located in such a fashion which would affect the site visibility of the motoring public as determined by the Chief of Police or his designee.

21. 

The applicant shall submit with his application a statement as to how the site shall be maintained during the designated time period, as well as a statement indicating how trash, refuse and other materials will be disposed of other than through normal solid waste collection services provided by the Township of Deptford. All debris, materials, trash, etc., shall be removed from the site within 48 hours following the expiration of the seasonal license issued by the Township of Deptford.

22. 

A certification from the Deptford Township Tax Collector that all taxes have been paid and are current.

23. 

A certification from the Zoning Officer stating that all requirements of the Uniform Development Ordinance have been complied with for the subject location and that all necessary approvals have been granted for such location by the Planning Board and/or Zoning Board of Adjustment.

b. 

Any nonprofit organization is required under this subsection to comply with the application provisions as set forth in processing a license and registration of those individuals employed by the organization to conduct seasonal sales activities.

§ 4-2.5 Investigation.

a. 

Upon receipt of such application, the original shall be referred to the Chief of Police who shall cause to be made such investigation of the applicant's business and moral character as he deems necessary for the protection of the public welfare.

b. 

If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same and return the application to the Department of Community Development, who shall notify the applicant that his application is disapproved.

§ 4-2.6 Grounds for denial of a peddlers, hawkers, vendors, solicitors, canvassers and seasonal sales vendors license.

[Ord. No. 0.4.91]
a. 

Failure to comply with application procedures and requirements as set forth in subsection 4-2.3 and subsection 4-2.4 shall constitute a basis for denial of a license.

b. 

Revocation and/or denial of a license for good cause by any municipality shall constitute a basis for denial of a license.

c. 

Violation of any grounds set forth in subsection 4-2.11, "Revocation."

d. 

Disapproval by the Chief of Police pursuant to subsection 4-2.5 after his review as to matters relating to the health, safety and welfare of the Township of Deptford.

§ 4-2.7 Issuance of license.

[Ord. No. 4-13-59; 1967 Code § 47-4]

If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse his approval on the application, returning the application to the Department of Community Development who shall, upon payment of the prescribed license fee, execute and deliver to the applicant his license. The Department of Community Development shall keep a record of all licenses issued and of all complaints received, if any, concerning each license.

§ 4-2.8 Fee.

[Ord. No. 4-13-59; 1967 Code § 47-5; Ord. No. 0-7-80; Ord. No. 0.4.91 § 11]
a. 

Registration fee. Any application for a peddler, hawker, vendor, solicitor, canvasser and seasonal sales vendor shall be required to pay a fee of $25 to the Department of Community Development to cover the cost of processing the application and investigation of the facts stated herein for a license, as well as each individual to be registered and employed by the organization (profit or nonprofit) and/or business.

b. 

License fee. The Department of Community Development fee for the issuance of a license hereunder shall be as follows:

1. 

Peddlers, hawkers, vendors, solicitors and canvassers license: $100.

2. 

Seasonal sales vendor license: $300.

c. 

No registration or license fee shall be required from any charitable or religious nonprofit organization which services the Township and which are exempt from the payment of taxes under the regulations of the Internal Revenue Service.

d. 

Any nonprofit organization must demonstrate that it has been a nonprofit organization for a period of at least two continuous years as a condition of being exempt from payment of registration and licensing fees.

§ 4-2.9 Exhibition of license.

[Ord. No. 4-13-59; 1967 Code § 47-6]

All licenses issued must be worn in such a manner as to be readily visible when engaged in the activities regulated herein.

§ 4-2.10 Duration of license.

[Ord. No. 4-13-59; 1967 Code § 47-7; Ord. No. 0.4.91 § 12]
a. 

Peddlers, hawkers, vendors, solicitors and canvassers. All licenses issued under this section shall expire at the end of the calendar year in which they are issued. Licenses shall not be transferable and shall be surrendered after expiration before a renewal license can be issued, subject to paragraph b. below.

b. 

Seasonal sales. A seasonal sales license issued shall be for a period of time as set forth in subsection 4-2.2, "Definitions." A separate license shall be applied for each seasonal sales activity, as well as applications for registration of those individuals to be employed by an organization (profit or nonprofit) and/or business. Licenses shall not be transferable and shall be surrendered after expiration before a new license and/or registration can be issued for each seasonal sales activity. Any activities involving the sales of merchandise as defined under "Merchandise" (seasonal sales) in this section shall be required to obtain a seasonal sales license notwithstanding the issuance of a vendor's license prior to the adoption of this section.

§ 4-2.11 Revocation.

[Ord. No. 4-13-59; 1967 Code § 47-8; Ord. No. 0.4.91 § 14]

Licenses issued under this section may be revoked by the Chief of Police or his designee after reasonable notice and hearing for any of the following causes:

a. 

Misrepresentation or false statement contained in the application for the license and registration of individuals engaged by the organization (profit or nonprofit) and/or business.

b. 

Misrepresentation or false statement made in the cause of carrying on activities regulated herein.

c. 

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

d. 

Conducting the business of soliciting, canvassing, vending, hawking or seasonal sales activities in an unlawful manner and in violation of any provision of this section or in such a manner as to constitute a breach of the peace or to constitute a menace to health, safety or general welfare of the public.

e. 

Any violation of the provisions of this section shall be cause for immediate revocation of a license issued by the Township and the revocation of a license shall be grounds for nonissuance of a license for a period not to exceed two years. Notice of hearing for revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee by means of a summons, or by mail, postage pre-paid, to the licensee at the address given by the licensee in making application at least five days prior to the date set for a hearing in accordance with the provisions of Section 4-1.

§ 4-2.12 Appeal.

[Ord. No. 4-13-59; 1967 Code § 47-9; Ord. No. 0.4.91 § 17]

Any person, organization (profit or nonprofit) and/or person aggrieved by the actions of the Chief of Police and/or the Department of Community Development in the denial of an application for a license as provided in this section, or in the decision with reference to the revocation of a license as provided in this section, shall have the right to appeal as set forth in the Section 4-1 entitled "Permits and Licenses."

§ 4-2.13 Inspection of equipment.

[Ord. No. 4-13-59; 1967 Code § 47-10]

The equipment used or employed by peddlers, hawkers and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to inspection by the Board of Health and fully comply with the laws of the State of New Jersey, the rules and regulations of the State Department of Health, the ordinances of the Township and the rules and regulations of the Board of Health.

§ 4-2.14 Exception.

[Ord. No. 4-13-59; 1967 Code § 47-11]
a. 

This section shall not be construed to include the selling of any article at wholesale to dealers in such articles, or the delivery of milk, eggs, bread, newspapers or other such necessary and perishable articles of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of less than one week.

b. 

Any veteran who holds a special license issued under the laws of the State of New Jersey shall be exempt from securing a license or paying the fee as provided herein, but shall be required to comply with all other applicable parts of this section, and shall be required to register with the Department of Community Development and obtain a permit which will be issued by the Department of Community Development upon proper identification and exhibition of such State license.

c. 

Nonprofit and other charitable organizations.

1. 

Any nonprofit religious, charitable, educational, civic or veterans' organization, society, association, service or club, volunteer first-aid or fire company, etc., desiring to solicit or have solicited in its name money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited at any place or places within the Township for a charitable, religious, patriotic or philanthropic purpose may file with the Department of Community Development a request for exemption from the provisions of subsections 4-2.3, 4-2.4, 4-2.5 and 4-2.8 of this chapter.

2. 

A request for exemption shall be a sworn application filed on a form provided by the Department of Community Development and shall require the following information:

(a) 

Name and purpose of the cause for which the permit is sought.

(b) 

Name and address of organization.

(c) 

Period during which solicitation is to be carried on.

(d) 

Name and address of each agent or representative who will conduct solicitations and the length of time that the agent or representative has been employed or affiliated with such organization, society, association or corporation.

(e) 

A statement that such organization, association, society, corporation, etc., shall furnish, for all its members, agents or representatives conducting solicitation, credentials in writing stating the name of the organization, name of the agent and duration and purpose of solicitation.

3. 

The Department of Community Development shall forward any request for exemption to the Director of Public Safety who may, in his discretion, exempt the applicant from the provisions of subsections 4-2.3, 4-2.4, 4-2.5 and 4-2.8 of this chapter when, in his opinion, such exemption does not adversely affect the health, welfare and safety of the community.

4. 

Where the Director of Public Safety grants a request for exemption, the Department of Community Development shall issue a permit without charge to the organization, association or corporation to solicit in the Township. Where the Director of Public Safety denies a request for exemption, the organization, association or corporation may proceed to apply for a license in accordance with the provisions of subsections 4-2.3, 4-2.4, 4-2.3, 4-2.5 and 4-2.8.

5. 

Any nonprofit religious, charitable, educational, civic or veterans' organization, society, association, service or club, volunteer first-aid or fire company, etc., which is located in the Township is hereby exempt from the provisions of this section.

§ 4-2.15 Prohibition of fixed location sales.

[Ord. No. 0.4.91 § 6; Ord. No. 0.6.92 § 3]
a. 

No peddler, hawker, canvasser, solicitor or vendor shall sell or offer for sale to the general public any goods or merchandise, beverages or food products from a fixed location utilizing a public cartway. In addition, sale of merchandise from a fixed location is prohibited with the exception of seasonal sales licensed under this section. A person shall be deemed to be selling from a fixed location if such vendor remains at a fixed location for a period of time of 15 minutes or longer, unless extended as provided below.

b. 

The 15 minute time limitation is extended beyond 15 minutes for such periods of time that customers or prospective customers are being serviced by the vender wherein the customers or prospective customers are:

1. 

Examining, viewing, handling, testing, pricing or returning, etc., the merchandise, and/or

2. 

Seeking information from the vendor, and/or

3. 

Making purchase or sale, and/or

4. 

Waiting to be attended by the vender.

5. 

The 15 minute time limitation is further extended for such time following a sale or purchase that the vendor may need to replace or replenish merchandise, to perform that which is necessary to clean, straighten up the cart or its merchandise, etc., to secure the proceeds of the sale; to file copies of receipts, and/or other such acts that occur following a sale of such merchandise. However, the total time allotted for acts following a sale under this paragraph shall not exceed 10 minutes.

6. 

At the expiration of the 15 minutes plus the extended period as provided above, the vendor shall move from such location to a location at least 25 feet away. Such vendor cannot return to within 25 feet of such location for a period of at least one hour. No vendor has a right to any particular location on the public right-of-way and sidewalks.

§ 4-2.16 Penalty.

[Ord. No. 4-13-59; 1967 Code § 47-12; Ord. No. 0.4.91 § 18]

Any person who violates any of the provisions of this section shall, upon conviction, be liable to the penalty established in Chapter 1, Section 1-5. Each day that a violation shall exist shall be construed as a separate violation.

§ 4-2.17 Enforcement.

[Ord. No. 0.4.91 § 15]

It shall be the duty of any Police Officer of the Township to enforce the provisions of this section and to require any persons seen peddling, hawking, soliciting, canvassing or conducting seasonal sales, and who are not known by such officer to be duly licensed, to produce his license as required by this section.

§ 4-3 AMUSEMENT GAMES.

§ 4-3.1 Definitions.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-1; Ord. No. 0.8.90 § I]

As used in this section:

ARCADE
Any establishment which provides for five or more mechanical amusement games.
BILLIARD PARLOR
Any establishment that contains five or more commercial pool tables.
COMMERCIAL POOL TABLE
Any pool table, coin operated or not, which may be operated by the public for entertainment or amusement for which a charge is imposed for the use of the table.
MECHANICAL AMUSEMENT GAME
Any machine which may be operated by the public for entertainment or amusement, whether the machine is coin operated or not, and whether or not it registers, scores or tallies. Examples of "Mechanical Amusement Games" are pinball machines, bowling machines, mechanical grab machines, Skee-ball machines, pokerino machines, commercial pool tables, electronic, computer or other similar games and devices, jukeboxes, etc. This enumeration is in-tended to be typical and shall not be construed as exclusive.
PERSON
Any person, firm or corporation.

§ 4-3.2 License required; types of licenses.

[Ord. No. 4-13-70; Ord. No. 0-2-81; Ord. No. 0-3-83; Ord. No. 0-10-83; Ord. No. 0-20-83; 1967 Code § 5-2; Ord. No. 0.8.90 §§ 2-4; Ord. No. 0.8.93]
a. 

No person shall maintain, operate or possess in any store, building or other place where the public is invited or where the public may enter, or any building or other place where any club or organization meetings are held, in the Township, any mechanical amusement games without first obtaining a license therefor.

b. 

There shall be four types of licenses issued under the terms of this section: a mechanical amusement game license; a commercial pool table license; an arcade license; and a billiard parlor license.

1. 

The maximum number of arcade licenses to be issued within the Township shall be nine. Each location shall be separately licensed.

2. 

Any combination of mechanical amusement games and commercial pool tables which totals five or more shall require an arcade license and/or a billiard parlor license. The label for such a license shall be determined by the greater number of mechanical amusement games/commercial pool tables, i.e.; two mechanical amusement games and three commercial pool tables would be classified as a billiard parlor. Equal number of mechanical amusement games and commercial pool tables shall be classified as an arcade.

3. 

There shall be no limit on mechanical amusement game licenses. A "mechanical amusement game license" shall be defined as a license for any business establishment which provides four or less mechanical amusement games on or within the premises. A separate license shall be required for each location.

c. 

Each license hereunder shall be considered an annual license issued for a one-year period commencing April 1 and terminating on the last day of March of the succeeding year. Any initial license or approval of transfer shall be issued for the balance of the one-year period only. All terms, conditions, restrictions and/or regulations imposed upon the initial license shall be deemed to continue upon renewal unless specially repealed, deleted or waived by the Township Council.

d. 

No license issued under this chapter shall be transferable without prior approval of Township Council.

e. 

The Township Council's action in denying or withholding the issuance of any license of an applicant seeking an initial license shall be deemed final; provided however, that the applicant may petition the Township Council for a hearing to reconsider the denial.

§ 4-3.3 License fees.

[Ord. No. 0.8.90 § V]

The annual license fee shall be as follows:

a. 

The annual fee for a mechanical amusement license and commercial pool table license shall be $25.

b. 

The annual fee for an arcade license and a billiard parlor license shall be $500.

c. 

In addition to the license fees set forth above, there shall be a machine license fee as follows:

1. 

Each mechanical amusement game and commercial pool table license not covered by the arcade license or billiard parlor license shall be $75.

2. 

Mechanical amusement games and commercial pool tables covered by the arcade license and billiard parlor license shall be as follows:

Number of Games Fee
From the 1st to the 25th mechanical amusement game and/or commercial pool table, each $30
From the 26th to the 50th mechanical amusement game and/or commercial pool table, each $20
From 51st and over mechanical amusement game and/or commercial pooltable, each $15
d. 

The annual license fee for such coin music, commonly called a "jukebox" shall be $125.

e. 

All license fees required hereunder shall be payable in advance for the calendar year in which the license is issued.

§ 4-3.4 Application information; execution of consent to enter form.

[Ord. No. 4-13-70; Ord. No. 0-3-83; Ord. No. 0-20-83; 1967 Code § 5-4; Ord. No. 0.8.90 § VI]
a. 

The Licensing Officer shall cause to be prepared the necessary forms of application for license to maintain such mechanical amusement games, which application shall state the name and address of the applicant; the exact location for which the license is sought and where the mechanical amusement game is to be installed, the kind or type and description of each mechanical amusement game for which the license is sought; and the name and address of the person owning each mechanical amusement game. The applicant shall state on the application form whether or not the applicant has been convicted of a crime or violation of any Federal, State or local law. The applicant shall provide such other information as the Township Council shall deem necessary and proper, such as a description of the premises, the maximum number of persons intended to be permitted within the premises, the manner of supervision and such other conditions as may be related to the public's health and safety.

b. 

A separate application shall be required for each store, building or other place wherein the public is invited or may enter and where mechanical amusement games are maintained, operated or possessed.

c. 

The license fee shall accompany each application filed, and, if the application is denied, the license fee shall be returned to the applicant.

d. 

Consent to enter form. A consent to enter form shall be required to be signed by the applicant, which shall permit the Police Department or other duly authorized Township official to enter and inspect the premises to assure compliance with this section and the conditions of the license.

e. 

Electrical inspection form. The applicant shall be required to complete and sign an electrical inspection form. This form shall include the type of electrical outlets, wiring, apparatus and equipment which the applicant has installed or intends to install on the premises in order to assure safe operation of all mechanical amusement games for which a license is requested to be issued. The consent to enter form signed by the applicant in accordance with paragraph b. hereof shall be deemed permission by the applicant to the Township electrical or other subcode officials to enter and inspect the premises to assure that the applicant has complied with the appropriate electrical wiring and installation necessary to assure the safe operation of the premises and of the patrons using these mechanical amusement games.

§ 4-3.5 Application procedure; investigation.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-5]
a. 

The proprietor of the premises where the mechanical amusement game is to be installed shall be the applicant for the license herein required. The application must be signed by the applicant. Upon receipt of the application, the Licensing Officer shall refer the same to the Chief of Police. The Chief of Police or his designee shall make an investigation of the premises and of the applicant to determine the truth of the facts set forth in the application. The Licensing Officer, together with the Electrical Subcode Official and such other officials of the Township that he shall deem necessary, shall inspect the premises to determine whether the premises comply with the existing fire and electrical code regulations of the Township. The Chief of Police and the Licensing Officer, upon completion of their inspection, shall attach to the application their reports thereon in writing.

b. 

Upon receipt of the application and inspection reports, the Township Council shall proceed with their consideration as to whether or not the application shall be approved or disapproved. In the process of its deliberation, the Township Council may, in its discretion, request supplemental information, consistent with the terms and provisions of this section, from the Chief of Police, Licensing Officer, the applicant or any other official of the Township who may be needed to provide information for the appropriate view of the application.

c. 

If the application is approved, the Township Council shall authorize the Licensing Officer to issue the necessary license; provided, however, that no application shall be considered for approval or license issued unless proof of receipt and payment of a license fee or fees as herein provided.

§ 4-3.6 Revocation of license; hearings.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-6]
a. 

Any time after the granting of a temporary or annual license, the Township Council may exercise its discretion to revoke or suspend this license for any willful false statement in the application. The license may be revoked or suspended as well as in the event that the licensee shall be convicted of any violation of this section or shall, individually or through the licensee's servants, agents and/or employees, violate any term or condition of operation.

b. 

Except as hereafter provided in paragraph c., prior to any suspension or revocation of license, the Township Council shall serve the applicant notice of its intent to suspend or revoke. Thereafter, the applicant shall be afforded the right to a hearing pursuant to Section 4-1, Permits and Licenses, of this chapter.

c. 

Suspensions without hearing. Notwithstanding the right to a hearing as provided in paragraph b., the Township Manager may, if, in his opinion, an immediate or substantial threat to the health or safety exists, suspend the right of an applicant to operate. Thereafter, applicants shall be permitted a hearing as provided in paragraph b.

§ 4-3.7 Substitution of games.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-7]

Nothing contained in this section shall prohibit the holder of the license herein provided for from substituting a mechanical amusement game at the location set forth in such license, provided that the holder give written notice to the Licensing Officer setting forth the description of the game removed and the description of the game substituted therefor.

§ 4-3.8 Transferability of license.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-8]

Every license issued pursuant to the terms of this section shall apply only to the person to whom it was granted and for the premises stated in the application and on the license; the license shall not be transferable from place to place, but, upon the approval of the Township Council of such license transfer in writing, the license may be transferred from person to person from the premises stated in the original application and license of the transferor.

§ 4-3.9 Redemption games.

[Ord. No. 0.8.90 § VII]

There shall be permitted in any arcade duly licensed herein for the use of mechanical amusement games that, upon payment of a fee, permit a patron to attempt to obtain a prize or tickets or tokens redeemable for a prize, or such games that permit a patron to attempt to obtain a score or result upon the basis of which a prize, ticket or token is awarded. These type of games shall additionally be regulated by the New Jersey Division of Alcoholic Beverage Control pursuant to N.J.A.C. 13:3-1 and shall be subject to an additional application required by the Division.

§ 4-3.10 Regulations and restrictions.

[Ord. No. 4-13-70; Ord. No. 0-3-83; Ord. No. 0-20-83; Ord. No. 0.8.90 §§ VIII, IX, X]
a. 

Curfew. No person holding a license under the provisions of this section shall knowingly permit any minor under the age of 18 years unaccompanied or not within the custody and control of a parent or guardian to remain on the premises after 11:00 p.m., prevailing time, unless the minor is waiting for a person over the age of 18 years to transport that minor from the premises.

b. 

Hours. The operation or playing of mechanical amusement games shall not be permitted between the hours of 2:00 a.m. and 8:00 a.m., prevailing time.

c. 

Other regulations and restrictions for arcades licensed under this section:

1. 

There shall be no consumption or possession of alcoholic beverages in, on, or around the licensed premises.

2. 

There shall be no smoking in the licensed premises. "NO SMOKING" signs shall be posted within the premises in prominent places.

3. 

No license shall be issued prior to an inspection by the Fire Marshal and the Fire Marshal shall, prior to the operation of the premises, certify that all relevant fire code provisions have been satisfied.

4. 

The maximum number of persons permitted to occupy the licensed premises shall be prominently posted and the applicant shall be required to enforce compliance with this requirement.

5. 

Applicant and applicant's employees shall be required to maintain and operate the premises in accordance with the Township Ordinances and Codes, State and County Laws and Regulations.

6. 

Applicant shall be required to maintain and operate the premises in such a manner so as the license premises and operation thereof does not constitute a danger or threat to the public health, safety or welfare, nor constitute a nuisance to the adjacent neighbors or the public as defined in the Township Code or Title 26 of the Revised Statutes of the State of New Jersey.

7. 

Applicant shall be required, as a condition of the license, to comply with the conditions imposed by the Deptford Township Site Plan Review Board.

8. 

All machines and games shall be located in such a position as to provide adequate aisle space and avoid overcrowding.

9. 

The licensed premises shall be regularly cleaned and maintained.

10. 

The premises shall be supervised by an adult of at least 21 years of age at all times. The employees designated by the applicant to supervise shall be of good moral character and shall not have been convicted of any crime involving moral turpitude. Applicant shall submit to the Township Manager the name and addresses of all of their employees, including such additional information concerning the employees as to permit the Township to verify that these employees qualify for employment pursuant to the terms of this provision.

11. 

Township officials shall have the right of access at reasonable hours to conduct inspection and investigations as may be necessary to assure compliance with the conditions of the license. Applicant and applicant's employees shall be required to cooperate with all Township Officials charged with enforcing the conditions of the license.

d. 

All of the conditions set for the arcade licenses in paragraph c. above are equally applicable to billiard parlor licenses for the following exception:

1. 

Smoking is permitted in the billiard parlor under this section provided that no one under the legal age may smoke in the premises. Signs prohibiting such use shall be prominently posted and enforced by the applicant.

e. 

The Township Council may impose additional regulations and restrictions on the conditions of license issuance and the operation of premises which it deems necessary for the health, safety and welfare of the community; provided, however, that no restriction may be imposed prohibiting the sale and/or distribution of alcoholic beverages in a facility which has been issued a valid plenary retail consumption license and/or plenary retail distribution license.

§ 4-3.11 Posting and display of license.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-11]

A license granted pursuant to this section shall:

a. 

Be posted in a conspicuous place at the location for which the license was granted.

b. 

Show the name and post office address of the licensee.

c. 

State a description of each (type and kind) and every mechanical amusement game for which the license was issued.

d. 

State that only those mechanical amusement games enumerated on the face of the license are licensed by the Township.

§ 4-3.12 Gambling prohibited; display of obscene materials.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-12; New]
a. 

No licensee shall permit any mechanical amusement game such as a "blackjack" or other such gambling amusement device to be operated on the premises, except as otherwise provided by law; likewise any person who shall use or permit to be used this type of machine or any of the other mechanical amusement games license hereunder for the purpose of gambling shall be guilty of a violation of this section and shall be penalized therefor as provided herein. The Township Council may in its discretion revoke the license or licenses for any violation of this subsection permitted on the premises.

b. 

Amusement devices or games displaying obscene subject matter or materials are prohibited. Since there is no minimum age for entry into a licensed premises, and since the public policy of this State as set forth in N.J.S.A. 2C:34-3 is to prohibit the display or distribution of materials considered "obscene" as defined by statute, therefor, no licensee shall permit any mechanical amusement game or other such amusement device to be operated on the premises which game or device display subject matter or material that would be defined pursuant to N.J.S.A. 2C:34-3 as "obscene material" or the display of materials or matter depicting or constituting actions of obscenity. Likewise, any person who shall use or permit to be used this type of game or device in violation of this paragraph shall be guilty of a violation of this section and shall be penalized therefore as provided herein. The Township Council may, in its discretion, revoke the license of a licensee for any violation of this subsection permitted on the premises.

§ 4-3.13 Expiration and renewal of license.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-13]
a. 

Upon the enactment of this section, all new license or license renewal shall be for the amusement game year. The amusement game year shall be deemed to commence on the first day of April of each year and terminate on midnight on the last day of March of the succeeding year.

b. 

All persons, firms, associations, partnership or corporations desiring to make application for renewal of their current license or application for a new license shall submit such application no sooner than January 1, of the preceding year or not later than February 15, preceding the April 1 commencement date of the amusement game year; provided, however, that the Township Council may accept applications filed subsequent to February 15, upon the applicant's demonstrating good cause as to why the application was not submitted between January 1 and February 15.

c. 

License renewals. All applicants for renewal of licenses shall pay the application license fees pursuant to the current application fee schedule.

d. 

Any license issued subsequent to March 1 of any amusement game year shall likewise expire at 12:00 midnight of the last day of February next succeeding, and the application and license fees shall be in like amount as that charged for the full amusement game year.

e. 

The Township Council may withhold issuance or renewal of any license for the violation of any of the terms of this section. Prior to withholding of license for any applicant seeking renewal, the Township Council shall serve that applicant notice of its intent not to renew which notice shall include the reasons therefor. Thereafter, the applicant for renewal shall be afforded the right to a hearing pursuant to Section 4-1, Permits and Licenses, of this chapter.

§ 4-3.14 License and other requirements of nonprofit, charitable, religious and other such organizations.

a. 

Nonprofit, charitable or religious organizations or other such organizations who seek a license other than for an arcade shall not be required to pay any application or license fee for any amusement game year. However, all such organizations shall be required to comply with all other terms and conditions of this section, including the obligation to submit the appropriate application information and comply with the application procedure. There shall be no more than four such machines permitted in any one building or location.

§ 4-3.15 Purpose.

[Ord. No. 4-13-70; Ord. No. 0-3-83; 1967 Code § 5-15]

The purpose of this section is to license those mechanical amusement games which are operated for the purpose of making a profit and for their regulation and control.

§ 4-3.16 Violations and penalties.

[New]

Every person, firm or corporation violating any provision of this section, shall be subject to the General Penalty established in Section 1-5 of this Code.

§ 4-4 TAXICABS AND LIMOUSINES.

§ 4-4.1 Title.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-1; Ord. No. 0.17.89 § 1]

This section is created pursuant to N.J.S.A. 48:16-1 et seq. and shall be known as the Deptford Township Taxicab and Limousine Regulations.

§ 4-4.2 Definitions.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-2; Ord. No. 0.7.90 § 1]

As used in this section:

CRUISING
The practice of driving about the streets of the Township within a taxicab so as to solicit passengers or to bring the presence of the taxicab to the attention of prospective passengers. A taxicab driving along the streets of this Township for any purpose other than while transporting a passenger, going to a definite designation by the most direct route in response to a call for a taxicab by a prospective passenger, or returning by the most direct route to the taxicab's home terminus after discharging a passenger, or going to or from the terminus to the driver's home by the most direct route, shall be prima facie evidence of "cruising."
DRIVER
Any person who drives a taxicab or limousine within this Township.
LICENSED
Licensed in accordance with the appropriate subsections of this section.
LIMOUSINE
Any automobile or motorcar engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger, provided that the term "limousine" shall not include taxicabs, hotel buses or buses employed solely in transporting schoolchildren or teachers or autobuses which are subject to preemptive jurisdiction of the New Jersey Department of Transportation and/or Board of Public Utilities and/or engage in interstate commerce in which Federal or State law preempts municipal regulation.
OPERATION OF THE TAXICAB
Consist of transporting in such taxicab one or more persons for hire along any of the streets in this Township, accepting a passenger to be transported for hire within this Township or from a point within the Township to a point outside of the Township limits, or discharging a passenger transported for hire from a point outside of the Township limits to a point within the Township limits, and shall be deemed to be the operation of a taxicab within the meaning thereof. The operation of a taxicab in any of the above-described manners by one other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign therein or thereon using the words "taxi," "taxicab" or "cab" shall be prima facie evidence of operation.
OWNER
Any person, corporation or association whose name or title to any taxicab or limousine is registered within the New Jersey Department of Motor Vehicles or which appears in such records to be the conditional vendee or lessee thereof.
STREET
Any street, avenue, park, parkway, highway or other public roadway.
TAXICAB
Any automobile or motorcar, commonly called "taxi," engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run, or which is operated or run, over any of the streets within the Township, and which accepts passengers for transportation from points or places to points or places within or without the Township, provided that the term "taxicab" shall not include limousines, autobuses, public deliveries, jitneys and other such vehicles which are hired by charter or for a particular contract agreed upon in advance, or such public conveyance as are by law subject to State and/or Federal regulation exclusively.

§ 4-4.3 License required.

[Ord. No. 8-10-70; Ord. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-3]

From and after the effective date of this section, no person shall pick up for hire any person for any taxicab or limousine in the Township unless both the vehicle and driver thereof are licensed pursuant to the terms of this section and conform to all provisions thereof.

§ 4-4.4 Classes of licenses.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-4]
a. 

There are hereby established two classes of taxicab licenses, to be known as "taxicab driver's licenses" and "taxicab owner's licenses" respectively.

b. 

There are hereby established two classes of limousine licenses, to be known as "limousine driver's licenses" and "limousine owner's licenses" respectively.

§ 4-4.5 Owner's license.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-5; Ord. No. 0.7.90 § 2]

A taxicab or limousine owner's license shall entitle the vehicle therein described to be operated in this Township by a driver duly licensed hereunder until the license either expires or is surrendered, suspended or revoked and the license shall not be transferable. Renewals of these licenses shall be issued in a manner prescribed in Subsection 4-4.8.

§ 4-4.6 Driver's license.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-6; Ord. No. 0.7.90 § 2]

A taxicab or limousine driver's license shall entitle the person named therein to operate within this Township any taxicab or limousine duly licensed hereunder until the license either expires or is surrendered, suspended or revoked and the license shall not be transferable. Renewals of these licenses shall be issued in a manner prescribed in Section 4-4.8.

§ 4-4.7 Application for owner's license.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-7; Ord. No. 0.17.89 § 2; Ord. No. 0.7.90 § 3]
a. 

Taxicab and limousine owners licenses shall be issued only to the following who have satisfied all the requirements of this section and have submitted an application containing the following information:

1. 

Name, business address, home address, business telephone number, residence telephone number, and age, of an individual owner or of all partners, and if a corporation, the State of Incorporation, name, business address, business telephone, officers, directors, manager, and stockholders, owning more than 10% of the stock of the corporation.

2. 

For each vehicle to be licensed, the name, address and telephone number of the insurance agent and the insurance company that will provide the required insurance coverage.

3. 

For each vehicle to be licensed, the name of the manufacturer, body type, year, serial number, color, bill of sale number, State registration number, and license number, if any.

4. 

For each individual owner or partner, and in cases where a corporation is the applicant, its president, manager, and each stockholder holding 10% or more of the capital stock of such corporation, a statement whether or not such persons have been convicted of a crime and, if so, the nature of the offense, where convicted and the date of each such conviction.

5. 

Each application shall be accompanied by a certificate of insurance from a company licensed to do business in the State of New Jersey, showing evidence of insurance for each vehicle to be licensed in the amount and type coverage required by this section. It shall refer to the vehicle to be insured by make, year and serial number.

6. 

The names and addresses of two responsible property owners of the Township as references.

b. 

All applications for taxicab owner's licenses shall be filed with the Office of Licensing and Inspection, who shall submit the applications to the Township Council for their consideration. The Township Council shall take action on the applications submitted by the Office of Licensing and Inspection within 30 days of their receipt of the applications from the Office of Licensing and Inspection. Township Council may take up to an additional 30 days provided such additional time does not result in a license expiring in advance of the consideration of the new license.

c. 

All applications for limousine owner's licenses shall be filed with the Office of Licensing and Inspection. The applications shall be in a form set forth above in paragraph a. The Office of Licensing and Inspection shall issue such license after the applicant has satisfactorily completed the application and has also satisfactorily complied with the provisions of N.J.S.A. 48:16-13 to 48:16-22. The certificate for license shall recite the name of the insurance company, the policy number, and date of expiration of the policy or bond, a description of every autocab, limousine, or delivery service insured thereunder and the registration number of same. The duplicate certificate shall be filed with the Division of Motor Vehicles before any such car is registered as an autocab, limousine, or delivery service. The original certificate shall be posted in a conspicuous place within the autocab, limousine, or delivery service.

§ 4-4.8 Issuance and expiration of licenses.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-8; Ord. No. 0.7.90 § 4]

All licenses to be issued under the provisions of this section shall be issued in the name of the Township and under the Office of Licensing and Inspection, and all licenses issued hereunder shall expire January 1 next succeeding the date thereof unless sooner suspended or revoked.

All applications under this section shall be submitted no later than 30 days in advance of January 1st to be considered by Township Council.

§ 4-4.9 Number of licenses.

[1967 Code § 71-9; Ord. No. 0-17-89 § 3; Ord. No. 0.7.90 § 5]

Provided that the applications submitted are compliant with the Township regulations, there shall be no limit to the number of limousine or taxicab licenses issued by the Township.

§ 4-4.10 Insurance required.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-10; Ord. 0.17.89 § 4]
a. 

No taxicab shall be licensed until an insurance policy or certificate in lieu thereof has been filed with the Office of Licensing and Inspection as provided for taxicabs and autocabs pursuant to the provisions N.J.S.A. 40:16-1 to 40:16-22 inclusive, together with any amendments or supplements adopted or hereafter adopted relative thereto.

b. 

No applicant for a limousine owner's license shall be licensed until an insurance policy or certificate in lieu thereof required by N.J.S.A. 48:16-14 covering the limousine to be licensed is filed with the Office of Licensing and Inspection.

§ 4-4.11 Power of Attorney.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-11; Ord. No. 0.7.90 § 6]

No taxicab or limousine license shall be issued until the applicant therefor shall have delivered to the Office of Licensing and Inspection, concurrently with the filing of the insurance policy referred to in subsection 4-4.10 hereof, a power of attorney executed by the applicant wherein and whereby the applicant shall appoint the Chief Financial Officer his, her or its true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed. Any license for a taxicab or limousine issued upon any such application shall continue effective and the operation of any taxicab or limousine thereunder shall be permitted only so long as the power of attorney shall remain in effect and unrevoked.

§ 4-4.12 Qualifications for driver's license; application requirements.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-12; Ord. No. 0-17-89 § 5; Ord. No. 0.7.90 § 7]
a. 

Every taxicab driver or limousine driver's license so issued shall be revoked upon the conviction of two moving violations within the last two years. In addition, no license shall be issued to a person convicted within the past five years of reckless driving, leaving the scene of an accident, operating a motor vehicle under the influence of alcohol or drugs, refusal to take a breathylizer test or speeding in excess of 25 miles of the lawful speed limit.

b. 

Each applicant for a taxicab or limousine driver's license shall submit a certificate from a licensed physician of the State of New Jersey, at the applicant's expense, certifying that the applicant has been examined within the preceding 30 days and that he has no infirmity of body or mind which might render him unfit for the safe operation of a taxicab or limousine.

c. 

Each applicant for a taxicab or limousine driver's license shall obtain from the Police Department of the Township an affidavit from an appropriate officer of the Police Department to the effect that the applicant is of good moral character and that he has sufficient knowledge of the traffic regulations and geography of the Township.

d. 

Each applicant must furnish with the application for such driver's license a recent photograph of himself, three inches in length and four inches in height, in duplicate.

e. 

Each applicant must submit the names and addresses of two responsible property owners of the Township as references.

f. 

Every license so issued shall be revoked upon conviction of two violations of the State Motor Vehicles Statute.

g. 

All changes of residence on the part of the holder of any taxicab or limousine driver's license issued under this section shall be reported in writing to the Township Council through the Office of Licensing and Inspection and be directed to the Police Department of the Township.

h. 

No license shall be issued in the event that it is determined that the applications contain a materially false statement.

i. 

Failure to meet any of the qualification set forth in subsection shall result in a denial of the license.

§ 4-4.13 Suspensions and revocations.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-13; Ord. No. 0-17-89 § 6]

Any license granted under this section may be revoked or suspended at any time during the term thereof for cause. Prior to any such revocation or suspension, the licensee shall be afforded a hearing before the Township Council. Prior to any suspension or revocation, the licensee shall be forwarded by certified mail at the address set forth on the application, a notice of proposed suspension or revocation. In the event that the licensee does not request, in writing, a hearing within seven days of his receipt of that notice then they shall be deemed to have waived such hearing.

§ 4-4.14 Violations and penalties.

[Ord. No. 0-17-89 § 7]

Every person found guilty of violating any of the provisions of this section shall be liable to the General Penalty established in Section 1-5 of this Code.

§ 4-4.15 License fees.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-15; Ord. No. 0-17-89 § 8]
a. 

Taxicabs.

1. 

The annual taxicab fee shall be $100 and $50 for each additional taxicab under the license. The license shall be effective for a period from January 1 to December 31 of the calendar year or part thereof.

2. 

The annual taxicab driver's license fees shall be $25 and the license shall be effective for a period from January 1 to December 31 for each calendar year or part thereof.

b. 

Limousine.

1. 

The annual limousine license fee shall be $100 for the first limousine to be covered by the limousine license and $50 for each additional limousine under the license. The license shall be effective for a period from January 1 to December 31 of each calendar year or part thereof.

2. 

The annual limousine driver's license fee shall be $25 and the license shall be effective for a period from January 1 to December 31 of each calendar year or part thereof.

c. 

The fees herein fixed for issuance of such licenses or imposed for costs of administration and no license shall be issued according to the provisions of this chapter until fees prescribed by this chapter are paid. All licenses are required to be stamped by the Township and a stamped license shall be prima facie evidence of payment of the fees described herein.

§ 4-4.16 Transfer of license.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-16]

No license shall be sold, assigned, mortgaged or otherwise transferred.

§ 4-4.17 Rate of fare.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; Ord. No. 0-19-77; 1967 Code § 71-17; Ord. No. 0-17-89 § 9]
a. 

Taxicabs.

1. 

The rate of fare to be charged within the Township limits of the Township of Deptford and surrounding limits shall be posted so that it is conspicuously seen by any passenger in any part of the taxicab.

2. 

Every driver of such taxicab shall have the right to demand payment of legal fare in advance and may refuse employment unless so prepaid, but no driver of such vehicle shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the Township unless previously engaged or unable to do so. No driver of any such taxicab shall carry any other person other than the first passenger employing him without the consent of the passenger.

b. 

Limousines.

1. 

The Township of Deptford does not set minimum fare rates for limousines operated within the Township.

§ 4-4.18 Identification required; condition of vehicle.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-18]
a. 

There shall also be affixed in every taxicab and limousine, in such manner that the same can be conveniently read by any person therein, a card at least three inches in height by at least five inches in length, containing the name of the owner, the license number of the vehicle and the year of issuance, and also a photograph of the licensed driver with his license number.

b. 

Every taxicab so licensed shall have painted on both sides thereof the word "taxi" or "cab" in letters at least three inches high; or the name of the operating owner containing the word "taxi" or "cab" or "taxicab."

c. 

Each limousine so licensed shall be painted a dark somber color and maintained at all times in a neat fashion.

§ 4-4.19 Parking restrictions.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-19]

No such taxicab shall be permitted to park in the Township except in those spaces in the Township designated by the Township Council marked "taxi stand," or at such other places off the public streets as may hereinafter be approved by resolution of the Township Council.

§ 4-4.20 Solicitation of business.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-20]
a. 

No taxicab or limousine owner or operator shall cruise on the streets of this Township any taxicab or limousine at any time for the purpose of soliciting passengers.

b. 

No such licensed taxicab, while waiting employment by passengers, shall stand on any public street or place other than at or upon the designated public taxicab stand; nor shall any driver seeking employment repeatedly and persistently drive to and fro on a short space before or otherwise interfere with the proper and ordinary access to or egress from any railroad station, theater, hotel, restaurant or any other public place. Employment may be solicited by driving through a public street or place without stops other than those due to obstructions or traffic and at a rate of speed that would not interfere with or impede the traffic.

§ 4-4.21 Receipt and discharge of passengers.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-21]

Drivers of taxicabs or limousines shall not receive or discharge passengers in the roadway, but shall pull up to the righthand sidewalk as nearly as possible or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets where passengers may be discharged on either the right- or left-hand sidewalk or side of the roadway in the absence of a sidewalk.

§ 4-4.22 Minimum use of vehicles.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-22]

Any owner licensed to operate any given number of cabs must operate all cabs for which licenses are issued a minimum number of hours of each day commencing at 7:00 p.m. through 12:00 midnight, except when withdrawn from service or for a reasonable period, in the discretion of the Township Council, for necessary repairs (48 hours for mechanical repairs, 10 days for accidents).

§ 4-4.23 Substitution of vehicles; transfer fee.

[Ord. No. 8-10-70; Ord. No. 0-2-73; Ord. No. 0-1-74; Ord. No. 0-32-74; 1967 Code § 71-23]

Should a taxicab or limousine be withdrawn from service for necessary repairs, as allowed in subsection 4-4.22, or for replacement, the Office of Licensing and Inspection shall issue a transfer of license thereof to substitute another vehicle in place of the one withdrawn, provided that all parts of this section are complied with in respect to the proposed substitution. There shall be a fee of $3 for the issuance of the transfer.

§ 4-5 YARD SALES.

§ 4-5.1 Definitions.

[Ord. No. 0-33-75; 1967 Code § 78A-1]

As used in this section:

PERSON
Includes individuals, partnerships, voluntary associations and corporations.
YARD SALE
Any sale of used merchandise not conducted as part of a continuing business venture, or any 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. The term "yard sale" shall include all sales entitled "yard sale," "lawn sale," "attic sale," "rummage sale," "garage sale" or "flea market sale."

§ 4-5.2 Permit required.

[Ord. No. 0-33-75; 1967 Code § 78A-2]
a. 

No person shall conduct a yard sale within the Township without first filing with the Code Enforcement Officer the information required by subsection 4-5.3 hereof and obtaining a yard sale permit from the Code Enforcement Officer.

b. 

A yard sale permit shall be issued, without fee, to any applicant who complies with the terms and conditions of this section, except that such permit shall not be issued to the same applicant or for the same property more than twice within any calendar year.

c. 

A yard sale permit shall not be issued for more than three consecutive calendar days.

d. 

A yard sale permit must be prominently displayed on the premises upon which the yard sale is conducted throughout the entire period of the sale.

§ 4-5.3 Application for permit.

[Ord. No. 0-33-75; 1967 Code § 78A-3]

The following information must be filed with the Code Enforcement Officer on a form provided therefor before a yard sale permit may be issued:

a. 

Name of the person conducting the sale.

b. 

Written consent of the owner, if the applicant is a tenant in possession of the property on which the sale is to be conducted.

c. 

Location at which the sale is to be conducted.

d. 

Number of days of the sale.

e. 

Date and nature of any past sale.

f. 

Whether applicant is conducting the sale together with, for or on behalf of any other person, firm, group, organization, association or corporation and, if so, the name of the person, firm, group, organization, association or corporation and the date or dates of any past sale held by same.

g. 

Whether or not the applicant has been issued any other vendor's license by any local, State or Federal agency.

h. 

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

§ 4-5.4 Signs.

[Ord. No. 0-33-75; 1967 Code § 78A-4]
a. 

All signs advertising a yard sale shall have a space allotted thereon upon which shall be placed the name and address of the person to whom the permit has been issued.

b. 

All signs advertising a yard sale shall be removed within 24 hours after the completion of the sale.

§ 4-5.5 Nonapplicability of provisions.

[Ord. No. 0-33-75; 1967 Code § 78A-5]

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

a. 

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

b. 

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

c. 

Any persons selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.

§ 4-5.6 Waiver of requirements.

[Ord. No. 0-33-75; 1967 Code § 78A-6]

Upon application by any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization, the Township Council may waive any or all of the requirements of this section; provided, however, that the burden of establishing eligibility for waiver shall be on the organization or institution applying for such waiver.

§ 4-5.7 Violations and penalties.

[Ord. No. 0-33-75; 1967 Code § 78A-7]

Any person conducting a yard sale without first obtaining a permit therefor or who shall violate any of the other provisions and regulations of this section shall, upon conviction, be fined not less than $20 nor more than $250 or be imprisoned for a period not to exceed 10 days for each violation. Each day that such sale shall continue without a proper permit shall be considered a separate violation.

§ 4-6 ESTABLISHMENTS FOR THE SALE, RENTAL AND REPAIR OF MOTOR VEHICLES.

§ 4-6.1 Short title.

[Ord. No. 4-13-70; 1967 Code § 76-1]

This section shall be designated and referred to as the "Township Motor Vehicle Establishments Licensing Regulations."

§ 4-6.2 Definitions.

[Ord. No. 4-13-70; 1967 Code § 76-2]

As used in this section:

AUTOMOTIVE REPAIR ESTABLISHMENT
An establishment engaged primarily in the general repair, rebuilding, replacing or reconditioning of engines, motor vehicles; collision service, including body and fender repair, and frame straightening; painting or upholstering; and vehicle steam cleaning and undercoating.
MOTOR VEHICLE
And include all vehicles which are self-propelled otherwise than by muscular power, and designed for use on land or roadways, whether new or used, and including, but not by way of limitation, all passenger cars and vehicles, motorcycles, motorbikes, trucks, trailers and tractors, and the like.
MOTOR VEHICLE RENTAL AGENCY
Any person engaged in the business of renting, leasing or holding for hire any motor vehicle.
NEW CAR DEALER
Any person engaged as agent, distributor or authorized dealer of the manufacturer of the motor vehicle, and who has an established place of business.
PERSON
And include all natural "persons," firms or copartnerships, corporations, associations or other artificial bodies, receivers, trustees, common-law or statutory assignees, executors, administrators, sheriffs, constables, marshals or other "persons" in a representative or official capacity, and members, officers, agents, employees or other representatives of those hereinbefore enumerated.
USED CAR DEALER
Any person engaged in the business of buying, selling, dealing or trading of used motor vehicles, who has an established place of business.

§ 4-6.3 Application for license.

[Ord. No. 4-13-70; 1967 Code § 76-3]

Each applicant for a license under the provisions of this section shall file with the Office of Licensing and Inspection a written application signed by the applicant or applicants, which application shall state:

a. 

The name and residence of the applicant, and, if a firm, association, partnership or corporation, the name and address of the officers and the registered agent or partners. (If the application is being made on behalf of someone other than the applicant, then the name and address of the person for whom the application is being made.)

b. 

The detailed nature of the business to be conducted.

c. 

The place where the business is to be located and carried on by metes and bounds, and also the present zoning classification of the property.

d. 

If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall accompany the application.

e. 

A plan or survey showing the existing or the proposed entrance or entrances to the premises where the business is to be conducted and the names and addresses of all owners of real estate on both sides of the street or road for the distance of 1,000 feet thereof. (An applicant seeking to renew licenses pursuant to this section need not comply with this provision unless changes have been made or are proposed to be made during the year for which the present license is sought.)

f. 

If the applicant intends to erect any building or structure in furtherance of any business licensed hereunder during the calendar year, he shall submit with this application four site plans prepared by a certified engineer, architect or individual permitted to prepare the plans in accordance with the statutes of the State of New Jersey. A copy of the plan shall be forwarded to the Township Planning Board, the Construction Code Official and the Fire Commissioners, who shall review the site plan and make the recommendations and report to the Township Council within 45 days from receipt thereof.

g. 

Whether or not the applicant has been convicted of a crime within the least three years and, if so enumerating the nature of the offense of the conviction.

h. 

Such other information as the applicant deems necessary for the information of the approving agency.

§ 4-6.4 Fees.

[Ord. No. 4-13-70; Ord. No. 5-11-70; Ord. No. 0-19-71; Ord. No. 0-7-80; 1967 Code § 76-4]
a. 

Such application shall be accompanied by cash or check payable to the order of the Township in a sum equaling the whole application and license fee.

b. 

There shall be an initial application fee of $100 for an applicant's first calendar year or for any fractional part of such year for which license hereunder is applied for the purpose of providing the funds for the cost of inspection and review of the application, which shall be nonrefundable. However, for the subsequent renewal of these licenses, the application fee shall be $50, which shall also be nonrefundable.

c. 

If the application is approved, there shall be, for the purpose of providing funds for the licensing, regulation and supervision of the business hereunder, a license fee in the amount specified hereafter, per calendar year or for any fractional part of such year, for which license hereunder shall be issued as follows:

1. 

New car dealer: $150.

2. 

Used car dealer: $150.

3. 

Automotive repair establishment: $150.

4. 

Motor vehicle rental agency: $150.

d. 

If the application for license is denied, the license fee shall be returned to the applicant.

§ 4-6.5 Township Council to act as approving agency.

[Ord. No. 4-13-70; 1967 Code § 76-5; New]
a. 

Each application filed with the Department of Community Development, as herein provided, shall be presented by the Department of Community Development to the Township Council at its next regular meeting following the filing of such application, and the Township Council may act upon any applications so presented at such meeting, unless otherwise specified herein, or at any subsequent meeting to which it shall defer action thereon. No license shall be issued by the Department of Community Development until the issuance thereof has been duly approved by resolution adopted by the Township Council.

b. 

The Township Council may refer the application for study and report to the Township Planning Board, Construction Code Official, Board of Health, Fire Commissioners or other Municipal agency whose opinion may be required, who shall report their findings and recommendations to the Township Council no later than 30 days from receipt thereof. Notwithstanding, the Township Council shall act upon any application so presented to it by the Department of Community Development within 60 days from the meeting.

§ 4-6.6 Expiration and renewal of licenses.

[Ord. No. 4-13-70; Ord. No. 0-14-74; 1967 Code § 76-6]
a. 

All licenses issued pursuant to the provisions of this section shall expire at 12:00 midnight on March 15 next succeeding the date of the issuance thereof. All persons, firms, associations, partnerships or corporations desiring to continue in such business after the expiration of any license granted hereunder shall make application before January 5 for a new license for the ensuing year and shall pay the application and license fees in like manner and amount as for the review and issuance of the original license.

b. 

The Township Council may withhold the issuance or renewal of any license for the violation of any of the terms of this section or any violation established pursuant to subsection 4-6.18. However, no issuance or renewal shall be withheld unless five days' notice in writing is given the licensee, and a hearing of the charges presented is held.

§ 4-6.7 Separate license for each location required; transferability of license.

[Ord. No. 4-13-70; 1967 Code § 76-7; New]

A separate license shall be obtained for each separate location at which the business of the licensee or some part thereof is proposed to be conducted, and the license shall authorize the licensee to conduct the business only at the place specified in the license. The license shall be transferable to another location or another person only with the consent of the Township Council. Any transfer to another location or person shall be endorsed upon the original license by the Office of Licensing and Inspection after the adoption of a resolution by the Township Council approving such transfer, and the payment to the Department of Community Development of a transfer fee of $50.

§ 4-6.8 Operation of business to conform as condition of licensing.

[Ord. No. 4-13-70; 1967 Code § 76-8]

No license shall be issued until the applicant shall have established that the proposed business can be operated in accordance with the requirements of this section.

§ 4-6.9 Other standards to be met.

[Ord. No. 4-13-70; 1967 Code § 76-9]
a. 

No license shall be issued for the conduct of any business permitted herein if the premises and building to be used for the purpose do not fully comply with any requirements, standards or conditions established by the Township Council as a prerequisite for the issuance of any license. Unless otherwise specifically stated, approval by the Township Council of the request for renewal of the application shall be deemed to incorporate the prior standards, lot and building descriptions, and other conditions, etc., required.

b. 

No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of the Zoning Ordinance of the Township.

c. 

No business permitted hereunder, licensed or not, shall be so conducted as to amount to a nuisance as defined in Chapter BH:13 of the Board of Health Code.

d. 

Inspections. Any authorized agent or designate of and by the Township Council shall have the right at any and all reasonable times to inspect any or all parts of the licensed premises as may be reasonably necessary to secure compliance with this section, or to detect violations thereof. It shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection the designated representative of the Township who is authorized or directed to make such inspection at any reasonable time that admission is requested.

e. 

It shall be the duty of any person conducting a licensed business pursuant to this section to keep his license posted in a prominent place on the premises used for such business at all times.

§ 4-6.10 Fire protection.

[Ord. No. 4-13-70; 1967 Code § 76-10]

Every applicant shall have on the premises, and in good working order, a fire extinguisher with a capacity of 2 1/2 gallons, or such additional fire protection equipment that may be necessary in order to protect the premises. At the time application is made, the applicant shall be required to set forth what apparatus or devices he has secured for his premises.

§ 4-6.11 Minimum size of lots.

[Ord. No. 4-13-70; 1967 Code § 76-11]
a. 

No license shall be issued to any applicant hereunder to carry on or conduct the business on any open lot, building or combination thereof, which contains less than:

1. 

New car dealer: one-hundred-fifty-foot frontage to 20,000 square feet.

2. 

Used car dealer: one-hundred-fifty-foot frontage to 20,000 square feet.

3. 

Automotive repair establishment: one-hundred-fifty-foot frontage to 20,000 square feet.

4. 

Motor vehicle rental agency: one-hundred-fifty-foot frontage to 20,000 square feet.

b. 

Square feet shall be calculated on the basis of the first floor only of any building.

§ 4-6.12 Conduct of business; maintenance of premises.

[Ord. No. 4-13-70; 1967 Code § 76-12]
a. 

Every such open lot, building or place of business so used by a licensee under this section shall have maintained on the premises where such business is conducted or in conjunction therewith, within a reasonable distance thereof, a rest room with toilet accommodations in accordance with the Health Code and Sanitary Regulations of the Township.

Editor's Note: See Chapter BH:8, Sanitary Code.

b. 

Every office building or rest room constructed on the open lot or premises shall be constructed only after the plans for such office building or rest room shall have been submitted to and approved by the Township Council in accordance with the State Uniform Construction Code.

Editor's Note: See Chapter 10, Building and Housing.

§ 4-6.13 Applicant to secure other necessary permits.

[Ord. No. 4-13-70; 1967 Code § 76-13]

As a condition precedent to the issuance of a license, as provided for by this section, the applicant shall secure all other necessary permits as may be required by the ordinances of the Township and shall pay the fee established for the permits.

§ 4-6.14 Responsibility for employees' acts.

[Ord. No. 4-13-70; 1967 Code § 76-14]

In the construction and enforcement of this section, the act or omission of any agent or any other employee employed by any person under this section, committed within the apparent scope of his employment, shall presumably be an act or omission of such person holding such license, as well as the act of omission of that agent or employee.

§ 4-6.15 Handling of questionable items; immediate report.

[Ord. No. 4-13-70; 1967 Code § 76-15]

No person shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle, part or accessory from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, covered, altered or destroyed, for the purpose of concealing or misrepresenting the identity of such vehicle, part or accessory. Every person to whom is offered for sale or storage any motor vehicle, part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer's serial number, or any other number or identification mark, shall immediately notify the Chief of Police of such offer.

§ 4-6.16 Compliance with rules and regulations.

[Ord. No. 4-13-70; 1967 Code § 76-16]

Every licensee shall comply at all times, with the rules and regulations promulgated and prescribed by the Director of Public Safety concerning the conduct of the businesses licensed hereunder.

§ 4-6.17 Periodic inspections.

[Ord. No. 4-13-70; 1967 Code § 76-17]

It shall be the duty of the Construction Code Official to make periodic inspections of all licensed premises to ensure compliance with this section.

§ 4-6.18 Revocation of license.

[Ord. No. 4-13-70; 1967 Code § 76-18]
a. 

Any license issued hereunder may be revoked for the violation of any of the terms of this section, by the Township Council, but such revocation shall not relieve the licensee from the penalties hereinafter provided.

b. 

Likewise, any violation of any other municipal ordinance, State or Federal statute, or any falsification or misrepresentation in applying for this license, shall be deemed grounds for revocation.

c. 

The license may be revoked after five days' notice, in writing, and upon a hearing of the charges presented.

§ 4-6.19 New car dealers.

[Ord. No. 4-13-70; 1967 Code § 76-19]
a. 

Any new car dealer engaging in the sale of used cars shall comply with the provisions of subsection 4-6.20.

b. 

Notwithstanding the provisions of the Zoning Ordinance, the offering for sale of new cars shall be permitted only in the RC-Retail Commercial and GC-General Commercial-Highway Districts.

§ 4-6.20 Regulations for used car dealers.

[Ord. No. 4-13-70; 1967 Code § 76-20]

In addition to requirements hereinbefore enumerated, the following provisions shall apply to all used car dealers:

a. 

Every used car lot or premises shall be adequately lighted at night while the lot is open for business. Every such lot shall also be kept free of paper, boxes and other debris, and any flammable matter which is likely to cause injury to health or to cause damage by fire or which is unsightly.

b. 

Wherever artificial lighting is used on the licensed premises or lot, the lighting shall be so installed and maintained that no disturbing glare may be visible on adjacent properties or to motorists using the public streets. The use of colored lights which may be mistaken for traffic lights or signals and artificial lights that change in intensity or produce a flashing or moving effect are hereby prohibited.

c. 

All openings for entrance or exit to or from the used car lot or premises along the street lines, or lines on which the same abut, shall be located in accordance with the ordinances of the Township, and only at such locations where the street curb has been lowered, and in such a manner as may be approved by the Township Engineer and Chief of Police regarding safety to pedestrians and vehicular traffic.

d. 

No person shall conduct, operate or carry on the business of selling or trading of motor vehicles between the hours of 10:00 p.m. and 7:00 a.m., prevailing time, of the following day.

e. 

No motor vehicle shall be stored for sale or trade under the license issued hereunder within 40 feet of any adjoining residential property line.

f. 

No motor vehicle shall be exhibited, stored, parked, kept or located under the license issued hereunder on or within 25 feet of any street, public right-of-way, sidewalk, or part thereof, except where customers', officers' or employees' parking is provided adjacent to any building, then 10 feet.

g. 

Notwithstanding the provisions of the Zoning Ordinance of the Township, the business of buying, selling, dealing or trading of used motor vehicles shall only be allowed in the RC-Retail Commercial and GC-General Commercial-Highway Districts.

h. 

No used car dealer who is carrying on the business in the Township on the first day of May 1970 shall be required to comply with the provisions of subsection 4-6.2.

i. 

Each licensee shall furnish to the Chief of Police on the 10th day of each month a written report of all motor vehicles purchased from it during the preceding month, containing a description of such vehicle, its license number and serial number, and names and addresses of the sellers and purchasers. This shall apply to retail sales only.

§ 4-6.21 Automotive repair establishments: additional provisions.

[Ord. No. 4-13-70; 1967 Code § 76-22]

In addition to requirements hereinbefore enumerated, the following provisions shall apply to all automotive repair establishments.

a. 

All yards or places where such businesses are or shall be conducted, or where such motor vehicle parts are to be stored or kept, shall be kept from public view by a cyclone-type fence, or equal type, not less than seven feet high. In the event the fence is not made of a solid material, then the licensee shall restrict the view by the installation of a solid material on the fence, or, in the alternative, the licensee shall plant suitable plant or tree coverage, which tree plantings shall be at no greater than six-foot intervals. In the event tree plantings are installed, the tree plantings shall restrict motor vehicles and motor vehicles parts from view within one year of the date of the planting. All plantings of trees, shrubs or other plants and fence installation shall be approved by the Construction Code Official prior to installation or planting.

b. 

Fire lanes shall be maintained on the licensed premises at all times pursuant to the regulations of the Fire Commission or other authorized employees of the Township, including therein all Fire Marshals.

c. 

All goods, articles, merchandise or motor vehicles must be stored and kept within the enclosed fence above described and not upon the sidewalk, street or any part thereof, and no material shall be piled or placed so as to be visible from any adjoining street.

d. 

It shall be unlawful to affix or display, or permit to be affixed or displayed, upon any such enclosing fence, any picture, sign, bill, notice or other thing for the purpose of advertising. Such fence shall be kept painted in a uniform color if made of a solid material. Any openings in such fence shall be fitted with gates which shall be kept closed when not used for ingress or egress to or from the premises.

e. 

Every automotive repair establishment shall be adequately lighted at night while the lot is open for business. Every such lot shall also be kept free of paper, boxes or other debris, and any flammable matter which is likely to cause injury to health or to cause damage by fire, or which is unsightly.

f. 

Wherever artificial lighting is used on the licensed premises, or lot, the lighting shall be so installed and maintained that no disturbing glare may be visible on adjacent properties or to motorists using the public streets. The use of colored lights which may be mistaken for traffic lights or signals and artificial lights that change in intensity or produce a flashing or moving effect are hereby prohibited.

g. 

All openings for entrance to or exit from the automotive repair establishment along the street lines, or lines on which the same abuts, shall be located in accordance with the ordinances of the Township, and only at such locations where the street curb has been lowered, and in such a manner as may be approved by the Township Engineer and Chief of Police regarding safety to pedestrians and vehicular traffic.

h. 

No person shall conduct, operate or carry on the business of automotive repair between the hours of 10:00 p.m. and 7:00 a.m., prevailing time, of the following day.

i. 

No motor vehicle shall be repaired or stored for repair under the license issued hereunder within 40 feet of any adjoining residential property line.

j. 

No motor vehicle shall be repaired, stored for repair, parked, kept or located under the license issued hereunder on or within 25 feet of any street, public right-of-way, sidewalk or part thereof, except where customers', officers' or employees' parking is provided adjacent to any building; then 10 feet.

§ 4-6.22 Motor vehicle rental agency: additional provisions.

[Ord. No. 4-13-70; 1967 Code § 76-24]

In addition to regulations hereinbefore enumerated, the following provisions shall apply to all motor vehicle rental agencies:

a. 

Any motor vehicle rental agency engaged in the sale of used cars shall comply with the provisions of subsection 4-6.20.

§ 4-6.23 Numbering of licenses; number of licenses to be issued.

[Ord. No. 4-13-70; 1967 Code § 76-25]
a. 

All licenses shall be numbered consecutively and the Office of Licensing and Inspection shall furnish each licensee a card setting forth his name and the number of such license. In addition thereto, the Office of Licensing and Inspection shall be required to maintain a register for the posting and keeping of all licenses issued pursuant to this section.

b. 

Because the general health, safety and welfare of the citizens of the Township would not be best served by the unlimited licensing of the following businesses, the number of licenses to be issued shall be as permitted by the governing body.

c. 

Any person maintaining and operating any of the businesses to be licensed on the effective day of this section shall be entitled to a license, as provided herein, provided they file their application for the license within 60 days from the effective date of this section, pay the required application and licensing fee therefor, and comply in all respects with the provisions of this section; after the period of 60 days from the effective date of this section, no new license shall be issued unless and until the number of such licenses outstanding is fewer than the number provided above.

d. 

The license fee for the calendar year 1970 shall be prorated per month or part thereof.

§ 4-6.24 Grounds for denial.

[Ord. No. 4-13-70; 1967 Code § 76-26]

No license as herein provided shall be granted to any person who shall have been convicted within three years of the date of application of a violation of this section or any felony, or knowingly receives stolen goods; and, where applicable, cannot comply with the provisions of N.J.S.A. 39:10-19.

§ 4-6.25 Operational restrictions.

[Ord. No. 4-13-70; 1967 Code § 76-27]

No person shall carry on the business at or from any other place in the Township than the one designated in the license therefor; and no other person shall henceforth engage in or carry on any of the businesses so licensed, in whole or in part, without first complying with the provisions of this section.

§ 4-6.26 Violations and penalties.

[Ord. No. 4-13-70; 1967 Code § 76-28; New]

Every person, firm or corporation violating any provision of this subsection, or who fails to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder shall be subject to the General Penalty established in Section 1-5 of this Code. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions or in any way to prohibit the revocation of the license pursuant to subsection 4-6.18.

§ 4-7 SERVICE STATIONS.

§ 4-7.1 Definitions.

[Ord. No. 0-9-80; 1967 Code § 31A-1]

As used in this section:

GASOLINE SELLING AND SERVICE STATION
Any establishment, other than a public garage, supplying or selling motor fuel from a pump or pumps and oil from a container or containers direct to motor vehicles.

§ 4-7.2 License required; application.

[Ord. No. 0-9-80; 1967 Code § 31A-2]
a. 

Every person permitted or approved to operate a gasoline selling or service station, in accordance with the provisions of Chapter 20, shall be required to secure an annual license from the Township.

b. 

Each applicant for a license under the provisions of this section shall file with the Office of Licensing and Inspection a written application signed by the applicant or applicants, which application shall state:

1. 

The name and residence of the applicant and, if a firm, association, partnership or corporation, the name and address of the officers and the registered agent or partners (if the application is being completed on behalf of someone other than the applicant, then the name and address of the person for whom the application is being made).

2. 

The detailed nature of the business to be conducted.

3. 

The place where the business is located and carried on, including street and mailing address, and also the present zoning classification of the property.

4. 

If the applicant is not the owner of the site where the business is being conducted, the owner's consent to the conduct of the business shall accompany the application.

5. 

Whether or not the applicant has been convicted of a crime within the last three years and, if so, enumerating the nature of the offense.

6. 

Such other information as the applicant deems necessary for the information of the approving agency.

§ 4-7.3 Fees.

[Ord. No. 0-9-80; 1967 Code § 31A-3]
a. 

For the purpose of providing funds for the licensing, regulation and supervision of the businesses hereunder, an annual license fee in the amount of $100 per license year or for any fractional part thereof for which the license hereunder shall be charged. This fee shall be in addition to any other fee required to be paid pursuant to Chapter 20.

b. 

If the application for annual license renewal is denied, 50% of the license fee shall be returned to the applicant, the balance thereof to be retained by the Township to cover the costs of providing inspection and review of the application.

§ 4-7.4 Township Council to act as approving agency.

[Ord. No. 0-9-80; 1967 Code § 31A-4]
a. 

Each annual renewal application shall be filed with the Department of Community Development, who shall refer it to the Township Council at its next regular meeting following the filing of such application. The Township Council may act upon any application so presented at such meeting, unless otherwise specified herein, or any subsequent meeting to which it shall defer action thereon. No license shall be issued by the Department of Community Development until the issuance thereof has been duly approved by motion or resolution adopted by the Township Council.

b. 

The Township Council may refer the application for study and report to the Township Code Officer, its Planning Board, Construction Code Officer, Board of Health, Fire Commissioner or any other Municipal agency whose opinion may be required, who shall then report their findings and recommendations to the Township Council no later than 30 days from receipt thereof. Notwithstanding, the Township Council shall act upon any application so presented to it by the Department of Community Development within 60 days from the meeting.

§ 4-7.5 Expiration and renewal of licenses.

[Ord. No. 0-9-80; 1967 Code § 31A-5]
a. 

All licenses issued pursuant to the provisions of this section shall expire at 12:00 midnight on July 1 next succeeding the date of the issuance thereof. All persons, firms, associations, partnerships or corporations desiring to continue in such business after the expiration of any license granted hereunder shall make application before May 1 for a new license for the ensuing year and shall pay the annual licensing fee at the time the application for renewal is made.

b. 

The Township Council may withhold the issuance of any license for the violation of any of the terms of this section or any violation established pursuant to Chapter 20 or for any violation of any other Municipal ordinance, State or Federal statute or any falsification or misrepresentation in applying for this license. However, no issuance or renewal shall be withheld unless five days' notice, in writing, is given the licensee and a hearing of the charges is held in accordance with the terms of Section 4-1, Permits and Licenses of this chapter.

§ 4-7.6 Separate license required for each location; transferability.

[Ord. No. 0-9-80; 1967 Code § 31A-6]

A separate license shall be obtained for each separate location at which the business of the licensee or some part thereof is proposed to be conducted, and the license shall authorize the licensee to conduct the business only at the place specified in the license. The license shall not be transferable to another location unless the procedure for a new application is made as required in Chapter 20. Person to person transfers shall be with the consent of the Township Council. Any transfer to another location or person shall be endorsed upon the original license by the Office of Licensing and Inspection after the adoption of a resolution by the Township Council or the Board of Adjustment, as the case may be, and the payment to the Office of Licensing and Inspection of the transfer fee of $50.

§ 4-7.7 Conformance with provisions required for licensing.

[Ord. No. 0-9-80; 1967 Code § 31A-7]

No license shall be issued until the applicant shall have established that the proposed business can be operated in accordance with the requirements of Chapter 20 and of this section.

§ 4-7.8 Additional standards.

[Ord. No. 0-9-80; 1967 Code § 31A-8]
a. 

No license shall be issued for the conduct of any business permitted herein if the premises and building to be used for the purpose do not fully comply with any requirements, standards or conditions established by the Township Council, County of Gloucester and/or State of New Jersey as a prerequisite for the issuance of continued operation of any license. Unless otherwise specifically stated, approval by the Township Council of the request for renewal of the application shall be deemed to incorporate the prior standards, lot and building descriptions and other conditions, etc., required.

b. 

No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of any Zoning Ordinance of the Township.

c. 

No business permitted hereunder, licensed or not, shall be so conducted as to amount to a nuisance as defined in Chapter BH:13 of the Board of Health Code.

d. 

Inspections. Any authorized agent or designee of and by the Township Council shall have the right at any and all reasonable times to inspect any and all parts of a licensed premises as may be reasonably necessary to secure compliance with this section or to detect violations thereof. It shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto for the purpose of making the inspection the designated representative of the Township, who is authorized and directed to make such inspection at any reasonable time that admission is requested.

e. 

It shall be the duty of any person conducting a licensed business pursuant to this section to keep his license posted in a prominent place on the premises used for such business at all times.

§ 4-7.9 Fire protection.

[Ord. No. 0-9-80; 1967 Code § 31A-9; Ord. No. 0-4-82]

Every applicant shall have on the premises, and in good working order a fire extinguisher with a capacity of 30 pounds, with such additional fire-protection equipment that may be necessary in order to protect the premises. At the time application is made, the applicant shall be required to set forth what apparatus or devices he has secured for this purpose.

§ 4-7.10 Restrictions.

[Ord. No. 0-9-80; 1967 Code § 31A-10]

No persons shall carry on the business at or from any other place in the Township than the one designated in the license therefor, and no other person shall henceforth engage in or carry on any of the businesses so licensed, in whole or in part, without first complying with the provisions of this section.

§ 4-7.11 Violations and penalties.

[Ord. No. 0-9-80; 1967 Code § 31A-11; New]

Every person, firm or corporation violating any provision of this section or who fails to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder shall be subject to the General Penalty established in Section 1-5 of this Code. The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions or in any way to prohibit the revocation or nonrenewal of any license issued pursuant to the terms and conditions of this section.

§ 4-8 LICENSING OF JUNKYARDS.

§ 4-8.1 License required.

[Ord. No. 5-9-66; 1967 Code § 36-1]

No person shall establish, operate or maintain a motor vehicle junkyard or business, or any other junkyard or junk business, nor store, purchase, sell or deal in junk, unless he shall first obtain a license for such yard, business or storage from the Township Council.

§ 4-8.2 Definitions.

[Ord. No. 5-9-66; 1967 Code § 36-2]

As used in this section:

JUNK
Any old, discarded or unused waste iron or other metal, or substance, glass, paper, used lumber, rags, machine parts, accessories, discarded machinery or discarded machines in whole or in part, unregistered motor vehicles which are unfit for reconditioning or for sale for highway transportation, used parts of motor vehicles and any material commonly known and generally referred to as junk in the ordinary meaning of the word.
JUNKYARD
Any lot of land within the Township on which junk is placed, collected, stored or kept.

§ 4-8.3 Application for license.

[Ord. No. 5-9-66; 1967 Code § 36-3]

Every applicant for a license under the provisions of this section shall file with the Department of Community Development a written application signed by the applicant or applicants, which application shall state:

a. 

The name and residence of the applicant and, if a firm, association, partnership or corporation, the name and address of the officers and the registered agent or partners.

b. 

The detailed nature of the business to be conducted and the classes of material which it is proposed to store therein.

c. 

The place where the business is to be located and carried on, by metes and bounds, and also the present zoning class of the property.

d. 

A plan or survey showing the existing or proposed entrance or entrances to the premises where the business is to be conducted and the names and addresses of all owners of real estate on both sides of the street or road for a distance of 1,000 feet on each side thereof.

e. 

If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business shall accompany the application.

f. 

Type of fence to be constructed around premises.

§ 4-8.4 Application to be accompanied by fee.

[Ord. No. 5-9-66; 1967 Code § 36-4]

Such application shall be accompanied by cash or certified check payable to the order of the Township in a sum equaling the whole license fee, which shall be returned in the event that the license is refused.

§ 4-8.5 Approval of application by Township Council.

[Ord. No. 5-9-66; 1967 Code § 36-5]

Each application filed with the Department of Community Development, as herein provided, shall be presented by the Department of Community Development to the Township Council at its next regular meeting following the filing of such application, and the Township Council may act upon any application so presented at such meeting or at any subsequent meeting to which it shall defer action thereon, and no license shall be issued by the Department of Community Development until the issuance thereof has been duly approved by resolution adopted by the Township Council.

§ 4-8.6 Expiration and renewal of licenses.

[Ord. No. 5-9-66; 1967 Code § 36-6]

All licenses issued pursuant to the provisions of this section shall expire at 12:00 midnight on January 31 next succeeding the date of the issuance thereof, and all persons, firms, associations, partnerships or corporations desiring to continue in such business after the expiration of any license granted hereunder shall make application before January 5 for a new license for the ensuing year and shall pay the license fee in like manner and amount as for the issuance of the original license. No notice or hearing shall be necessary for such renewal.

§ 4-8.7 Separate license for each location; transferability.

[Ord. No. 5-9-66; Ord. No. 3-13-67; Ord. No. 0-7-80; 1967 Code § 36-7]

A separate license shall be obtained for each separate location at which the business of the licensee or some part thereof is proposed to be conducted, and the license shall authorize the licensee to conduct the business only at the place specified in the license and shall be transferable to another location only with the consent of the Township Council. Any transference to another location shall be endorsed upon the original license by the Department of Community Development, after the adoption of a resolution by the Township Council approving such transfer and the payment to the Department of Community Development of a transfer fee of $150.

§ 4-8.8 License fee.

[Ord. No. 5-9-66; Ord. No. 3-13-67; Ord. No. 0-7-80; 1967 Code § 36-8]

The annual license fee shall be $400.

§ 4-8.9 Issuance requirement.

[Ord. No. 5-9-66; 1967 Code § 36-9]

No license shall be issued until the applicant shall have established that the proposed business can be operated in accordance with the requirements of this section.

§ 4-8.10 Operation of junkyards.

[Ord. No. 5-9-66; Ord. No. 9-26-66; 1967 Code § 36-10]

Junkyards shall be operated as follows:

a. 

No motor vehicle or junk shall be stored or dismantled within 40 feet of any dwelling house, except such dwelling house as may be situated on the licensed premises.

b. 

No junk or refuse material shall be burned.

c. 

Precaution shall be taken by each licensee hereunder to safeguard all flammable, combustible or explosive materials from fire, and no licensee shall stack, pile or place junk upon the licensed premises in such manner as to create a fire hazard or to create a place for the harboring or breeding of rats, mice or vermin.

d. 

No junk shall be stacked, piled, placed or stored nearer than 40 feet from the edge of the right-of-way adjacent to the main entrance of the licensed premises, and no junk shall be stacked, piled, placed or stored nearer than 10 feet to the edge of the right-of-way of any other public road.

§ 4-8.11 Public view; fire lanes.

[Ord. No. 5-9-66; Ord. No. 9-26-66; 1967 Code § 36-11; New]
a. 

All yards or places where such businesses are or shall be conducted or where such materials are to be stored or kept shall be kept from public view by a cyclone-type fence or equal type not less than six feet high. In the event the fence is not made of a solid material, then the licensee shall restrict the view by the installation of solid material on the fence or, in the alternative, the licensee may plant suitable plant or tree coverage, which tree plantings shall be at not greater than six feet intervals. In the event tree plantings are installed, the tree plantings shall restrict the junkyard from view within one year of the date of the planting. All plantings of trees, shrubs or other plants and fence installations shall be approved by the Construction Code Official prior to installation or planting.

b. 

Fire lanes shall be maintained on the licensed premises at all times pursuant to the regulations of the Fire Commission or other authorized employees of the Township, including therein all Fire Marshals.

§ 4-8.12 Hammering and pounding.

[Ord. No. 5-9-66; 1967 Code § 36-12]

It shall be unlawful to hammer or pound any metals or other materials on the premises between the hours of 7:00 p.m. and 7:00 a.m. on weekdays or at any time on Sundays.

§ 4-8.13 Storage within enclosure.

[Ord. No. 5-9-66; 1967 Code § 36-13]

All goods, articles, merchandise or motor vehicles must be stored and kept within the enclosed fence above described, and not upon the sidewalk, street or any part thereof; and no material shall be piled or placed so as to be visible from any adjoining street.

§ 4-8.14 Right to inspect.

[Ord. No. 5-9-66; 1967 Code § 36-14]

Any member of the Township Council, Board of Health, the Health Officer, the Chief of Police or any authorized agent of the Township shall have the right at any and all reasonable times to inspect any or all parts of the licensed premises.

§ 4-8.15 Deposit of junk; permission required.

[Ord. No. 5-9-66; 1967 Code § 36-15]

It shall be unlawful for persons to deposit or leave any abandoned or unlicensed automobile, truck or other automotive equipment or any part thereof, or any other junk, in open fields or upon other unfenced private property without first obtaining the permission of the Township Council.

§ 4-8.16 Storage of automobiles; permission required.

[Ord. No. 5-9-66; 1967 Code § 36-16]

It shall be unlawful for persons to store, keep or place two or more unlicensed automobiles or two or more automobiles which are unfit for reconditioning for sale for highway transportation upon any property within the Township without first obtaining a junkyard license.

§ 4-8.17 Licenses subject to rules of Township Council.

[Ord. No. 5-9-66; 1967 Code § 36-17]

All licenses under this section shall at all times be subject to such reasonable rules as may be made by the Township Council for the proper operation and regulation of the place of business named in such license.

§ 4-8.18 Revocation of license.

[Ord. No. 5-9-66; 1967 Code § 36-18; Ord. No. 0-10-74]
a. 

Any license issued hereunder may be revoked by the Township Council for the violation of any of the terms of this section, but such revocation shall not relieve the licensee from the penalties hereinafter provided.

b. 

Likewise, any violation of any other Municipal ordinance, any State or Federal statute or any falsification or misrepresentation in applying for this license shall be deemed grounds for revocation.

c. 

The license may be revoked after five days' notice in writing, and upon a hearing of the charges presented.

§ 4-8.19 Restrictions on issuance.

[Ord. No. 5-9-66; Ord. No. 3-13-67; 1967 Code § 36-19]

Any person, firm or corporation keeping, maintaining and operating a junkyard in the proper zone class on the effective day of this section shall be entitled to a license as provided herein, provided he files his application for the license within 60 days from the effective date of this section, pays the required license fee therefor and complies in all respects with the provisions of this section. After the period of 60 days from the effective date of this section, no new license shall be issued unless and until the number of such licenses outstanding is fewer than five; provided, however, that this limitation shall not prevent renewals or person-to-person transfers of junkyard owners' licenses issued and outstanding.

§ 4-8.20 License renewal.

[Ord. No. 5-9-66; Ord. No. 3-13-67; 1967 Code § 36-20]
a. 

Any junkyard license for a new license term, which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of the new license term or which is issued to replace a license which expired on the last day of the license term shall be deemed to be a renewal of the expired or expiring license; provided that the license is for the same owner as the expired or expiring license, covers the same junkyard and is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the Department of Community Development prior to the commencement of the new license term. Excepting person-to-person transfers of a junkyard license any junkyard licenses issued otherwise than above herein provided shall be deemed to be new licenses.

b. 

Nothing in this section shall prohibit the person-to-person transfer at the location for which it was issued, of licenses granted by the Municipality under this section from person to person, corporation to corporation, person to corporation or corporation to person. Persons or corporations that are licensees under this section shall have a property right in such licenses and may assign, sell or transfer such licenses, and the right to such license shall be inheritable and transferable to the heirs, executors or administrators of such licensees, subject to the provisions of this section.

c. 

In the event any licensee discontinues operation for 120 days for any reason including death, the license shall lapse and not be transferable.

§ 4-8.21 Violations and penalties.

[Ord. No. 5-9-66; 1967 Code § 36-21; New]

Any person, firm or corporation who shall violate a provision of this section, or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder, shall severally for each and every such violation and noncompliance, be subject to the General Penalty established in Section 1-5 of this Code. The imposition of a penalty for a violation of this section shall not excuse the violation or permit it to continue; such violation shall be remedied within 10 days of the imposition of the penalty; thereafter each additional 10 days that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

§ 4-9 RIDING ACADEMIES.

§ 4-9.1 License required.

[Ord. No. 4-11-49; 1967 Code § 57-1]

It shall not be lawful for any person or persons to own, operate or use any building or other property within the Township for the use of what may be known as a riding academy or a livery stable where horses or other domestic animals may be kept and maintained either for the purpose of hire of such horses or animals or for the purpose of boarding such horses or animals for the owners thereof within the Township without first having obtained a license from the Department of Community Development so to do.

§ 4-9.2 Application.

[Ord. No. 4-11-49; 1967 Code § 57-2]

Each and every person or persons operating the riding academy or livery stable in buildings or property within the Township for hire or boarding of horses or other animals, as herein set forth, shall make an application to the Department of Community Development, which application shall particularly set forth the place of business of the applicant, the number of horses or other animals and the names and addresses of the owners thereof.

§ 4-9.3 Approval; issuance; fee.

[Ord. No. 4-11-49; 1967 Code § 57-3]

The application shall be referred to the Township Council for approval, and, upon approval, the Department of Community Development is hereby authorized to issue a license to the applicant upon the payment of a fee which shall be determined as follows: for horses and animals not exceeding 10 in number, $100; for each horse or animal over 10, $25, but in no event shall the annual fee exceed $200.

§ 4-9.4 Duration of license.

[Ord. No. 4-11-49; 1967 Code § 57-4]

Every license so issued shall remain in force for one year from the date issued and shall apply only to the person or persons to whom granted and shall not be transferable.

§ 4-9.5 Exhibition of license.

[Ord. No. 4-11-49; 1967 Code § 57-5]

Any person or persons to whom such license is granted, as herein provided, shall be required to exhibit such license whenever called upon so to do by an officer of the law.

§ 4-9.6 License fees.

[Ord. No. 4-11-49; 1967 Code § 57-6]

The license fee under this section shall be as follows:

a. 

For all riding academies and livery stables, as herein set forth, a minimum fee of $5 where five horses or other animals may be kept, or maintained for hire, or boarded for other persons with an additional $1 for each and every horse or other animal over and above the minimum number of five.

b. 

The fee for issuing the license shall be $1 payable to the Department of Community Development at the time the application is filed.

c. 

The license fee for the riding academy or livery stable shall also be paid at the time of the filing of the application.

§ 4-9.7 Violations and penalties.

[New]

Any person or persons who shall neglect or violate any of the provisions of this section shall be subject to the General Penalty established in Section 1-5 of this Code.

§ 4-10 DISCHARGE OF FIREARMS; LICENSING OF PISTOL OR RIFLE RANGE.

§ 4-10.1 Discharging firearms; restrictions.

[Ord. No. 11-12-56; Ord. No. 9-14-70; 1967 Code § 25-1; New]

It shall be unlawful for any person to fire or discharge any shotgun, rifle, pistol, or any other kind of firearm whereby any shot, bullet or missile is shot or scattered within the confines of the Township, except as follows:

a. 

During the regular hunting season, hunting for game will be permitted; provided, however, that no person while hunting shall discharge any kind of firearms within 500 feet of any building or dwelling or within 500 feet of any street or thoroughfare which is opened to or used by the public.

b. 

Where, prior to the operation of a pistol or rifle range, turkey shoot, firearms demonstration, shooting match or any other event or events wherein the discharge of firearms occurs, the person, persons, group, organization or association operating the above-mentioned event or events shall have first obtained from the Police Department approval allowing the discharge of firearms at the time and place stated in the written permit submitted by the applicant. The applicant shall be required to submit separate permits for each event.

§ 4-10.2 Other provisions.

[Ord. No. 11-12-56; Ord. No. 9-28-70; 1967 Code § 25-2; New]
a. 

Licensing of operation of a pistol or rifle range.

1. 

Notwithstanding any of the provisions of this section, a duly certified gun, pistol or other club organized for the operation of firearms may obtain, upon compliance with the requirements of subsection 4-10.4. All applications for renewal shall be submitted to the Police Department.

2. 

Duties of applicant.

(a) 

Each applicant for an annual license shall provide a full description of the range or target area to be used and the name of the owner, if other than the applicant, together with the owner's certification granting the applicant the right to use the premises for the designated purpose.

(b) 

The applicant shall further provide a layout of the range or target area, the manner and hours in which same is intended to be operated and supervised, all provisions for safety to be taken, the type of weapon or weapons to be permitted to be used and the names of all members of the applicant duly authorized to use the facilities of the applicant.

3. 

A copy of the membership list shall be filed in the office of the Police Department and Chief of Police and may be supplemented, but in no event shall the range or target area be used by others not listed, subject to the exceptions hereinafter provided.

4. 

Firearms demonstration, shooting match or other events.

(a) 

In the event that the applicant desires to sponsor a match or contest, invitation to which will be extended to nonmembers, the applicant shall so notify the Police Department at least 30 days prior to the event.

(b) 

The Police Department shall then cause to be made an investigation and submit to the Township Council a written report of his findings in accordance with the standards established in subsection 4-10.4 for the issuance of permits.

§ 4-10.3 Application.

[Ord. No. 11-12-56; Ord. No. 9-14-70; Ord. No. 9-28-70; Ord. No. 0-7-80; 1967 Code § 25-3; New]
a. 

Applications for permits are to be made on forms provided by the Department of Community Development. A fee shall be charged for the issuance of each permit, the amount to be as follows:

Permit Fee
Pistol charge $2
I.D. Card $5
Processing fee $5
b. 

Upon completion of the application for permit, the Department of Community Development shall then submit same to the Township Council for review and approval.

c. 

Upon completion of the application, the Township Council shall forward a copy of the application to the Chief of Police, who shall then cause to be made an investigation and submit to the Township Council a written report of his findings in accordance with the standards established in subsection 4-10.4 for the issuance of permits.

d. 

No permits for any event, events or annual permits shall be approved prior to the posting of evidence of insurance, which shall afford minimum personal injury coverage as follows: $100,000/$300,00 for each accident or mishap.

§ 4-10.4 Issuance of permit.

[Ord. No. 11-12-56; Ord. No. 9-14-70; 1967 Code § 25-4; New]

The Township Council shall not issue any permit where it shall appear that the discharge of firearms by the applicant or under the applicant's direction at the time and place stated in the application for a permit will become or constitute a menace to the safety, health or general welfare of the inhabitants of the Township. The Township Council shall have the right to revoke any permit issued where it appears that a menace exists or will exist to the safety, health or general welfare of the inhabitants of the Township.

§ 4-10.5 Violations and penalties.

[Ord. No. 11-12-56; 1967 Code § 25-5]

Any person, persons, group, organization or association violating any of the provisions of this section shall be subject to the General Penalty established in Section 1-5 of this Code.