Borough of Hampton, NJ Chapter 150 Insurance

[HISTORY: Adopted by the Borough Council of the Borough of Hampton as indicated in article histories. Amendments noted where applicable.]

Article I Fire Insurance Claims

[Adopted 11-23-1992 by Ord. No. 15-92]

§ 150-1 Payment restrictions.

Pursuant to the provisions of P.L. 1978, c. 184,[1] no insurance company authorized to issue fire insurance policies in this state shall pay any claims in excess of $2,500 on any real property located within Hampton Borough for fire damages pursuant to any fire insurance policy issued or renewed after the adoption of this article and the filing thereof with the State Commissioner of Insurance until such time as all taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner of such real property or by the insurance company pursuant to the provisions of P.L. 1978, c. 184, or the Borough of Hampton submits to insurance company a copy of a resolution adopted pursuant to Section 4 of P.L. 1978, c. 184.[2]

[1] Editor's Note: See N.J.S.A. 17:36-8 to 17:36-13.

[2] Editor's Note: See N.J.S.A. 17:36-11.

Article II Insurance Registration for Business and Rental Unit Owners

[Adopted 10-17-2022 by Ord. No. 09-2022]

§ 150-2 Business insurance registration required.

It is unlawful for any owner of a business, owner of a rental unit or units, or the owner of a multifamily home of four or fewer units, one of which is owner occupied, to operate within the Borough without first registering its certificate of insurance demonstrating compliance with Section 1 of P.L. 2022, c. 92,[1] and paying the registration fee required herein.

[1] Editor's Note: See N.J.S.A. 40A:10A-1.

§ 150-3 Entities covered by this article.

The following entities are required to register their certificate of insurance under this article:

A. Businesses, which shall mean any person intending to sell or dispose of or to offer to sell or dispose of any goods, wares, merchandise or render any services for fees within the Borough. This shall include businesses operating on a temporary basis within the Borough such as peddlers, solicitors, and transient vendors licensed pursuant to Borough Code § 4-2 and temporary retail food establishments and mobile food units licensed pursuant to Borough Code § 4-3.[1]

[1] Editor's Note: See Ch. 191, Retail Food Establishments.

B. Owners of single rental dwelling units.

C. Owners of multiple dwelling rental units.

D. Owners of multifamily homes that include rental units, even where one unit is owner-occupied.

§ 150-4 Registration official designated.

The Borough Clerk shall accept, approve, and file registration applications, and collect registration fees hereunder.

§ 150-5 Registration fees; expiration; renewal.

The registration fees of this article shall be $15 annually. Registrations shall expire on December 31 of each year. Renewals must be submitted by December 1 of each year. After the effective date of this section, entities covered under this section shall be required to register by December 1, 2022, and such registration shall be valid for the 2023 calendar year.

§ 150-6 Application and insurance requirements.

An application for a business insurance registration shall be accompanied by the required fee and shall be made to the Borough Clerk upon forms provided by the Clerk. It shall contain the following information:

A. Name and address of the applicant. If the applicant is a corporation, the name and address of its registered agent.

B. The address of the rental dwelling units or business as applicable. If the registration applies to a transient business or a mobile food unit, a general description of the time frame for operation and area where the business will be operated.

C. A description of the nature of the business and the goods, property or services to be sold or supplied.

D. A certificate of insurance reflecting the following amounts of insurance in compliance with P.L. 2022, c. 92.

(1) Except as provided in Subsection D(2) of this section, the owner of a business or the owner of a rental unit or units shall maintain liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.

(2) The owner of a multifamily home which is four or fewer units, one of which is owner-occupied, shall maintain liability insurance for negligent acts and omissions in an amount of no less than $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence.

§ 150-7 Violations and penalties.

A. Any person who violates the terms of this article shall pay the license fee, plus a fine of not less than $500 but no more than $5,000, plus court costs.

B. All ordinances or parts of ordinances in conflict or inconsistent with any part of this article are hereby repealed to the extent that they are in conflict or inconsistent.

C. If any section, provision, or part of a provision of this article shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this article, or any part thereof, other than the part so held unenforceable or invalid.

D. This article shall take effect after passage and publication in the manner provided by law.