Editor's Note: The general power to license and prescribe
license fees is contained in N.J.S.A. 40:52-1 et seq. Licensing is
also a part of the general police power granted by N.J.S.A. 40:48-2.
Editorial Comment: Ordinance 731-2015 reorganized certain
Divisions within the Department of Administration. The Division of
Licenses and Inspections was abolished in favor of the Bureau of Licenses
within the Division of Construction Code Enforcement.
[2000 Code §§ 10:1-1.1 through 10:1-1.4;
amended 4-24-2019 by Ord. No. 785-2019]
This chapter shall be administered by the Bureau of Licenses
and the Licensing Clerk unless otherwise designated herein.
The purpose of this chapter is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
and permits issued by the Borough, except alcoholic beverage licenses,
dog licenses, fishing and hunting licenses, and bingo and raffle licenses.
All applications for licenses and permits except those otherwise designated
herein shall be issued by the Bureau of Licenses, unless expressly
prohibited by state and federal law.
The Clerk of the Bureau of Licenses shall be known and designated
as the "Licensing Clerk" and shall keep a record of all licenses and
permits issued hereunder. All moneys collected for licenses and permits
hereunder shall be receipted by the Clerk of the Bureau and turned
over to the Chief Financial Officer daily. A monthly report shall
be prepared at the end of the month and submitted to the Borough Council,
the Borough Clerk and the Chief Financial Officer.
The Borough Council may make rules and regulations which interpret
or amplify any provision of this chapter or for the purpose of administering
the provisions of this chapter or making them more effective.
Editor's Note: Unless otherwise provided for , the provisions of §10-2 shall apply to all licenses and permits issued by the Borough.
[2000 Code § 10:5-1]
All applications for licenses accompanied by the required fee
shall be made to the Licensing Clerk or other Borough official as
designated in this chapter a minimum of three weeks prior to the proposed
effective date of the license, upon forms provided by the Borough,
and shall contain the following information:
a.
Name and permanent and local address of the applicant. If the applicant
is corporation, the name and address of its registered agent.
b.
If a vehicle is to be used, its description, including the license
number.
c.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
d.
The days of the week and hours of the day during which the licensed
activity will be conducted.
e.
A description of the nature of the business, and the goods, property
or services to be sold or supplied.
f.
A statement as to whether the applicant has been convicted of any
crime, or the violation of any municipal ordinance other than traffic
offenses, and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
[2000 Code § 10:5-2]
Each applicant shall be referred to the Chief of Police or a
Police Officer designated by the Chief who shall immediately institute
an investigation of the applicant's business responsibility, moral
character and ability to properly conduct the licensed activity he
considers necessary for the protection of the public. He shall communicate
his findings in writing to the Licensing Clerk within a reasonable
time after the application has been filed. If the investigator decides
that the applicant's character, ability or business responsibility
are unsatisfactory, or the products, services or activity are not
free from fraud, he shall disapprove the application and the Clerk
shall refuse to issue the license and shall so notify the applicant.
Otherwise, the Licensing Clerk shall issue the license immediately,
provided the required license fees have been paid. In the event of
the refusal of the issuance of a license, the applicant may appeal
to the Borough Council for hearing. The appeal must be filed, in writing,
with the Borough Clerk within 14 days after notification of the refusal.
The Council shall hold its hearing within 30 days thereafter. The
decision of the Council shall be final.
[2000 Code § 10:5-3]
Licenses shall be in a form provided by the Office of the Licensing
Clerk, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
d.
The expiration date of the license.
e.
Any other appropriate information which the Mayor or the Council
may, by Resolution, require.
f.
The Licensing Clerk shall keep a record of all licenses issued and
shall cause monthly reports to be filed with the Borough Clerk.
[2000 Code § 10:5-4]
Each license shall apply only to the person to whom it was issued
and shall not be transferable to another person.
[2000 Code § 10:5-5; Ord. No. 720-2015 § 4]
Unless a different expiration date is established with respect
to a particular license, all licenses shall expire on December 31
of the year of issue, at 12:00 midnight.
[2000 Code § 10:5-6]
Any license or permit issued by the Borough may be revoked by
the Borough Council after notice and a hearing for any of the following
causes:
a.
Fraud or misrepresentation in any application for a permit or license.
b.
Fraud, misrepresentation of other dishonesty in the conduct of the
licensed activity.
c.
Violation of any provision of this chapter.
d.
Conviction of the licensee for any felonry or high misdemeanor, or
any misdemeanor or disorderly persons offense involving moral turpitude.
e.
Conduct of the licensed activity, whether by the licensee himself
or his agents or employees, in an unlawful manner, or in a manner
that constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
[2000 Code § 10:5-7; Ord. No. 720-2015 § 5]
Except for licenses for which a specific hearing procedure is
established herein, notice of a hearing for the revocation of a license
or permit shall be given in writing by the Borough Clerk. The notice
shall specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his last known address by certified
mail, return receipt requested, at least five days prior to the date
set for the hearing.
[2000 Code § 10:5-8]
At the hearing, the licensee shall have the right to appear
and be heard, to be represented by an attorney, to prevent witnesses
in his own behalf, to cross examine opposing witnesses, and to have
a permanent record made of the proceedings at his own expense. The
Borough Council shall revoke or suspend the license if they are satisfied
by a preponderance of the evidence that the licensee is guilty of
the acts charged.
[2000 Code § 10:5-9]
The Borough Council may issue another license to a person whose
license has been revoked or denied as provided in this section, if,
after hearing, it is satisfied by clear and convincing evidence that
the acts which led to the revocation or denial will not occur again,
otherwise, no person whose license has been revoked or denied, nor
any person acting for him, directly or indirectly, shall be issued
another license to carry on the same activity.
[2000 Code § 10:3-1; Ord. No. 738-2016 § 2;
repealed by Ord. No. 773-2018]
[2000 Code § 10:3-2; repealed by Ord. No. 773-2018]
[2000 Code § 10:3-3; repealed by Ord. No. 773-2018]
[2000 Code § 10:3-4; Ord. No. 738-2016 § 2;
repealed by Ord. No. 773-2018]
[2000 Code § 10:3-5; Ord. No. 655-2012; repealed
by Ord. No. 773-2018]
[2000 Code § 10:3-6; repealed by Ord. No. 773-2018]
[2000 Code § 10:3-7; repealed by Ord. No. 773-2018]
[2000 Code § 10:3-8; Ord. No. 655-2012; repealed
by Ord. No. 773-2018]
[2000 Code § 10:3-9; Ord. No. 773-2018]
[2000 Code § 10:3-10; Ord. No. 655-2012; Ord. No.
695-2014 § 3; Ord. No. 738-2016 § 2; repealed
by Ord. No. 773-2018]
[2000 Code § 10:3-11; Ord. No. 655-2012; repealed
by Ord. No. 773-2018]
[2000 Code § 10:3-12; repealed by Ord. No. 773-2018]
[2000 Code § 10:3-13; repealed by Ord. No. 773-2018]
[Ord. No. 773-2018]
a.
The Borough has a permanent year-round population of approximately
2,000 residents which, during the period from Memorial Day through
mid-September increases to over 30,000 inhabitants. This increase
in population because of summer residents and visitors greatly increases
traffic congestion, demands for on-street parking, as well as bicycle
and pedestrian traffic. Vending trucks which sell ice cream, ice cream
products, and bottled water and soda add to the vehicular and pedestrian
traffic congestion by parking to sell products and thereby also creating
safety concerns. In the exercise of its judgment and discretion, and
in the exercise of the authority granted to all municipal governments
pursuant to State Statute (N.J.S.A. 45:24-9 et seq.), Borough Council
has determined that it is in the interest of public safety and welfare
to restrict peddling to those vending or food trucks engaged in the
sale of ice cream and ice cream products in keeping with a long-standing
policy of the Borough. By restricting vending trucks to those selling
ice cream products will serve to lessen congestion on Borough streets
and promote public safety.
[2000 Code § 10:3.1; Ord. No. 738-2016 § 2; Ord. No. 773-2018]
The definitions set forth in Chapter 1, §1-2 of the Code of the Borough of Avalon, 2013 ("Code" or "Borough Code") shall apply to this chapter and section together with the definitions which follow.
Cross Reference: See § 9-6.3 of the Code of the Borough of Avalon, 2013.
As used in this section:
shall mean the Borough of Avalon in the County of Cape May
and State of New Jersey.
shall mean a food truck, ice cream truck or vending truck
as defined herein.
shall mean a written or digital order form which shall be
in the possession of the delivery person and produced on demand of
any Police Officer or the Code Enforcement Official and which shall
contain the information required by this chapter.
shall mean a motor vehicle validly registered in the State
of New Jersey and bearing a current valid certificate of inspection
from the Cape May County Department of Health and from which is sold
only ice cream, ice cream products, bottled water and soda intended
for immediate or reasonably prompt consumption. Other than these specific
and designated products no other type food or food products may be
sold or distributed from such vehicle.
shall mean a person who sells by outcry.
see definition of Food Truck.
shall mean a person who travels about with ice cream, ice
cream products, and bottled water and soda for sale or distribution
from a motor vehicle or other means of conveyance. The term shall
not mean or include the delivery of food, goods, wares or merchandise
that has been pre-ordered and is being delivered to a specific destination
or location within the Borough and with a delivery ticket in the possession
of the delivery person.
shall mean any individual, natural person, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations, limited liability companies or unincorporated groups;
or any officers, agents, employees, servants, factors or any kind
of personal representatives of any thereof in any capacity, acting
either for himself or for any other person, under either personal
appointment or pursuant to law.
shall mean and include any sale, rental or distribution,
offer for sale, rental or distribution or an attempt, directly or
indirectly, to sell, rent, or distribute. [N.J.S.A. 56: 8-1(e)]
[Ord. No. 738-2016 § 2]
shall mean a Food Truck or Ice Cream Truck or Conveyance
as defined herein.
shall mean and include both merchandise and services. The
term(s) shall include any piece or kind of goods that a store, merchant,
peddler or other vendor or seller has to sell, rent or distribute
and shall include any skill or service that one seeks to sell, rent
or distribute.
[Ord. No. 738-2016 § 2]
[Ord. No. 773-2018]
Hawking, as defined herein (selling by outcry), is prohibited
within the Borough.
[Ord. No. 773-2018]
a.
It shall be unlawful for any person to engage in peddling without
first obtaining a permit and license as provided by this section.
[2000 Code § 10:3.2]
b.
As a condition for being granted a license under this chapter, each license applicant and each driver or other employee engaged in selling or vending shall consent to a full criminal history background check, including fingerprints, annually prior to the issuance or renewal of any license to peddle. The applicant and employee shall follow the same procedure set forth in Chapter 5 of this Code pertaining to employees and volunteers having contact with minors.
[Ord. No. 773-2018]
a.
The license fee for a peddler shall be $750 per year. The fee shall
cover the entire business entity and shall include the use of one
vehicle. Any additional vehicle used in the operation of the business
shall require an additional license fee of $150.
It is the intention of this subsection to license the business
with an additional fee to be charged for each vehicle in excess of
one. Each individual peddler does not have to pay an individual fee,
but each such individual must submit the required information and
must otherwise comply with the provisions of all subsections thereof.
b.
The term of the license shall correspond with the calendar year and
all such licenses shall expire at midnight on December 31 of each
year. No portion of the fee shall be pro-rated for any part of the
year.
[Ord. No. 773-2018]
a.
Peddler's licenses are restricted to the owner/operator of an ice
cream truck and shall be issued upon the filing of a completed license
application, and following the completion of a satisfactory criminal
history background check and compliance with other requirements and
conditions of this chapter.
b.
Such ice cream trucks (sometimes referred to as food trucks or vending
trucks) are restricted to the sale of only ice cream, ice cream products,
and bottled water and soda which are intended for immediate or reasonably
immediate consumption by a consumer or customer. No other food or
food products nor any other wares, goods, merchandise or service shall
be sold or distributed from such vehicle(s).
[2000 Code § 10:3-4; Ord. No. 738-2016 § 2; Ord. No. 773-2018]
An ice cream truck may stop in the public streets only for the
time necessary to vend, sell or solicit to and from people in the
immediate vicinity and subject to the provisions and restrictions
of this section as follows:
a.
Any such vehicle shall park for such stops near the curb of the street
and on the right hand side in the direction it is proceeding, and
shall not impede, obstruct or otherwise interfere with normal traffic
in the immediate area.
b.
Any such vehicle shall be permitted to remain in any given location
for a maximum period of as follows:
1.
Thirty minutes at street ends or intersection; and
2.
Ten minutes at locations other than street ends or intersections,
except for those areas specially designated where the time period
does not apply, or those areas where such sales are absolutely prohibited.
Once having remained in a given location for the maximum permissible
time, the ice cream truck shall move to a new location, which shall
not be within one city block of such location or within 250 feet of
such location, whichever is greater, for at least one hour.
c.
No peddler shall have any exclusive right to any location, nor shall
a peddler be permitted to operate in any area where his operations
might create a threat to the health, safety or welfare of the general
public. For the purpose of this subsection, the judgment of a Police
Officer, exercised in good faith, shall be deemed conclusive.
[Ord. No. 655-2012 § 1; Ord. No. 773-2018]
No person shall peddle in the Borough before 11:00 a.m. or after
7:00 p.m., prevailing time, daily including Sundays and holidays.
No person or business entity shall utilize more than two vehicles
at any given time to engage in the conduct permitted under this section.
[2000 Code § 10:3-6; Ord. No. 773-2018]
It shall be the duty of any Borough Police Officer and Code
Enforcement Official to require any person seen peddling, and who
is not known by such Officer to be duly licensed, to produce his peddler's
license and to enforce the provisions of this section against any
person found to be violating the same.
[2000 Code § 10:3-7; Ord. No. 773-2018]
a.
Any veteran or volunteer firefighter who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempted from application
for a license, but shall be required to comply with all other applicable
provisions of this section. Specifically, veterans and exempt firefighters
shall not be required to file a license application with the Borough
or pay any license fee. All other requirements of this section shall
be complied with and such veteran or exempt firefighter shall produce
a valid license issued by the County Clerk upon demand of the Police
or Code Enforcement Officer. Each veteran and exempt firefighter shall
file the required insurance certificate with the Borough Licensing
Clerk before vending in the Borough.
Cross reference: See § 10-4.28.
b.
The provisions of this section shall not apply to any individual
or entity that has applied for and received a "Special Event Permit"
issued by the Borough for a specific event and date(s).
[2000 Code § 10:3-8; Ord. No. 655-2012; Ord. No. 773-2018]
The equipment, including vehicles, used by peddlers of ice cream,
ice cream products, and bottled water and soda, shall be maintained
in a clean and sanitary manner at all times and shall be subject to
inspection at any time. All such equipment shall satisfy all applicable
health code requirements and be licensed and/or inspected by the appropriate
regulatory authority. Any violation found and not immediately corrected,
shall be grounds for such provider to be prohibited from doing business
in the Borough of Avalon until such violations are abated. Any certification
issued by the County Health Department, or other agency having jurisdiction,
shall be prominently displayed and shall be produced for inspection
upon demand of the Police or Code Enforcement Official.
[Ord. No. 773-2018]
Notwithstanding the provisions of § 10-4.26 hereof, peddling shall be permitted in certain designated areas without regard to the time limitations hereinabove imposed. Such areas are hereby designated as follows:
a.
From 9th Street to 12th Street on Dune Drive (Avalon Recreation Field)
and west on 12th Street for a distance of 100 feet from the curbline
on Dune Drive.
[2000 Code § 10:3-10; Ord. No.
655-2012; Ord. No. 695-2014 § 3; Ord. No. 738-2016 § 2; Ord. No. 773-2018]
Peddling shall be absolutely prohibited in certain areas of
the Borough, in addition to those areas hereinabove set forth, which
areas are defined as follows:
a.
Dune Drive from 20th Street to 34th Street.
b.
Ocean Drive, also known as Third Avenue, from 20th Street to 34th
Street.
c.
Within 75 feet of any corner or intersection of Dune Drive and Ocean
Drive also known as Third Avenue, between 20th Street and 34th Street.
d.
All peddling within 250 feet or within one city block, whichever
is greater, of any church, commercial building or school is hereby
prohibited.
e.
In addition to the prohibitions contained in the beach regulations,
as pertaining to peddling, it shall be unlawful to solicit or canvass
on the beach, boardwalk and approaches thereto. This prohibition does
not apply to street ends subject to the time limitations contained
in this section.
f.
The Borough has determined that the negative impacts on the health,
safety and welfare of the citizens of the Borough of Avalon require
the prohibition of peddling in the R-M (Hotel-Motel) District as described
in the Borough's Zoning Ordinance. Such activities are not suited
to these R-M (Hotel-Motel) District areas and the use of public streets
and rights-of-way in these areas for such purposes represents a risk
to pedestrians and vehicular traffic.
[Ord. No. 655-2012 § 1]
g.
The Borough has determined that the negative impacts on the health,
safety and welfare of the citizens of the Borough of Avalon require
the prohibition of peddling in the area of the emergency access point
to the beach, from the beach entrance westwardly to the nearest perpendicular
intersecting street. These locations are 9th Street; 15th Street;
20th Street; 32nd Street; 38th Street; 60th Street and 79th Street.
Such activities in these areas have the potential to interfere with
or block these emergency access points to the beach.
[Ord. No. 655-2012 § 1]
h.
On the beach and boardwalk and on the approaches thereto.
Cross Reference: § 9-6 of the Code of the Borough of Avalon, 2013.
[Ord. No. 773-2018]
a.
The term "peddler" or "peddling" shall not apply to the delivery
of food and other merchandise and wares to any location or destination
within the Borough, including the beach and bay, by any established
business located within or without the Borough provided that:
1.
The food or other merchandise has been pre-ordered; and
2.
The delivery of such food or other merchandise is accompanied by
a "delivery ticket" as defined herein and containing all of the required
information which delivery ticket shall be in the possession of the
delivery person;
3.
The absence of a delivery ticket shall constitute presumptive evidence
that the delivery is the result of peddling and shall constitute a
violation of this chapter.
b.
"Delivery ticket," as defined herein, shall be in the possession
of the delivery person and produced on demand of any Police Officer
or the Code Enforcement Official and shall include the following information:
c.
The vehicle used for the delivery of such items shall not be equipped
for any on-board food preparation of any type or description.
[Ord. No. 655-2012; Ord. No. 773-2018]
a.
Every person seeking to engage in peddling in the Borough shall produce
evidence of insurance coverage as follows:
|
Type of Coverage
|
Minimum Limits of Liability
|
|---|---|
|
General Liability Insurance
|
$1,000,000 for injury to one person; $2,000,000 for injury to
more than one person; $100,000 for property damage
|
|
Automobile Liability Insurance
|
$1,000,000
|
b.
The Borough shall be designated as an additional insured in said
policy or policies.
c.
A Certificate of Insurance demonstrating compliance with this subsection
shall be provided to the Licensing Clerk before the issuance of a
license. Failure to provide such Certificate shall be cause for the
denial of a license.
[Ord. No. 773-2018]
Borough Council reserves the right to adopt rules and regulations
pertaining to the administration and enforcement of this chapter and
section.
[2000 Code § 10:3-13; Ord. No.
773-2018]
Any person or entity violating this section or any agent, servant or employee of such person or entity having been issued a license pursuant to this section, who violates any of the provisions of this section shall, upon conviction, in the Municipal Court be subject to the penalty stated in Chapter 1, § 1-5. The aforesaid penalties may be imposed in addition to any other penalty provided elsewhere herein, including, but not limited to, the revocation of a license. The penalties imposed by this section shall be exclusive of any penalty which may be imposed as a result of any revocation proceeding and such revocation proceeding is exclusive from any penalty imposed pursuant to this section.
[2000 Code § 10:4-1]
As used in this section:
shall mean a person, whether resident of the Borough or not,
traveling either by foot, automobile, or any other type of conveyance,
from place to place, from house to house, or from street to street,
taking or attempting to take orders for sale of goods, wares and merchandise,
personal property of any nature whatsoever for further delivery, or
for services to be furnished or performed in the future, whether or
not the individual has, carries or exposes for sale a sample of the
subject of the sale, with or without accepting an advance payment
for the goods.
[2000 Code § 10:4-2]
It shall be unlawful or any solicitor or canvasser as defined
in this section to engage in any such business within the Borough
without first obtaining a license.
[2000 Code § 10:4-3]
This section shall not apply to:
b.
Any person distributing literature or handbills on behalf of a candidate
for public office;
c.
Any person who has been licensed by the State of New Jersey to engage
in an activity described in this section, when so engaged; including
without limitation, real estate, insurance or securities, brokers
and salesmen.
[2000 Code § 10:4-4]
In addition to the information required on an application provided
pursuant to this chapter, the application for solicitor's license
shall indicate the place where the goods or property proposed to be
sold, or orders taken for the sale thereof, are manufactured or produced,
where such goods or products are located at the time the application
is filed, and the proposed method of delivery.
[2000 Code § 10:4-5]
The license fee that shall be charged by the Licensing Clerk
for such license shall be $150.
[2000 Code § 10:4-6]
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 5:00 p.m., nor on Sundays or holidays.
[2000 Code § 10:4-7]
Religious organizations and nonprofit organizations as defined
by the Internal Revenue Service shall not be required to pay any fee,
but shall otherwise comply with all other applicable provisions of
this section.
[2000 Code § 10:6-1]
It is hereby determined that the Borough of Avalon is a seashore
resort municipality containing an amusement and entertainment area
according to the customary understanding of such terms, which area
is more particularly bounded and described as extending from a point
160 feet north of the northwesterly corner of 27th Street, southwesterly
to a point 110 feet from the northerly side of 30th Street.
[2000 Code § 10:6-2]
No person without first having obtained a license as herein
prescribed, shall own or operate within the Borough any amusement
game or games, as those terms are defined by the Amusement Games Licensing
Law (N.J.S.A. 5:8-100 et seq.), whether the games are games of skill
or chance, or both, and whether the games are placed and operated
with or without numbers or figures. All applications for a license
under this section shall be issued by the Borough Council pursuant
to the provisions of the above cited law.
[2000 Code § 10:6-3]
Each applicant for an amusement games license or any person
having an interest therein if the applicant is a partnership, association
or corporation, and every employee thereof, shall be required to register
with the Borough Clerk by completing such application as the Borough
Council shall require, submitting to being fingerprinted, and paying
a registration fee of $2.50 for an amusement games registration certificate
as a prerequisite to the holding, operating, conducting or assisting
in the holding, operation and conducting of amusement games in the
Borough.
[2000 Code § 10:6-4]
The annual license fee for the holding, operating or conducting
of any of the several classes of permissible amusement games as fully
described in Regulation No. 7 of the Amusement Games Licensing Law,
whether as a single form of game or combination of games, shall be
$25, and shall accompany the application for license.
[2000 Code § 10:6-5]
No licensee shall hold, operate, conduct or allow the holding,
operation or conducting of any amusement game on a licensed premises
between the hours of 11:00 p.m. and 8:00 a.m. the following day, prevailing
time.
[2000 Code § 10:6-6]
The regulations promulgated by the State Commissioner of Amusement
Games Control insofar as they relate to the holding, operation and
conducting of amusement games in the Borough of Avalon shall govern
the operation of such games in the Borough.
[2000 Code § 10:6-7]
In the event that any licensee shall violate any of the provisions
of this section, the Amusement Games Licensing Law or the rules and
regulations promulgated by the State Amusement Games Control Commissioner,
or the terms of such license, such licensee shall be a disorderly
person and if convicted as such shall, in addition to suffering any
other penalties which may be imposed by law or any other provision
of this chapter, forfeit any license issued hereunder.
[2000 Code § 10:6A]
The Borough of Avalon has become an ever more popular location
for civic and charitable events held mainly during the summer season.
Many of those events take place entirely or partially upon Borough
property. Other events require that the Borough provide extraordinary
services from certain Departments including Public Works and the Police
Department. The Borough Council finds that it is in the best interests
of the health, safety and welfare of the citizens of the Borough to
create this section as a mechanism for regulation of any and all events
that utilize or enter upon Borough property, waterways and/or other
facilities and/or necessitate the provisions of extraordinary services.
[2000 Code § 10:6A-1; Ord. No.
720-2015 § 6]
As used in this section:
shall mean a preliminary complete application which has been commented upon by the appropriate Borough officials or deemed complete by the Division of Recreation Director in accordance with § 10-7.2
shall mean an application which has been completely filled
out to the satisfaction of the Division of Recreation Director by
the applicant.
shall mean an activity open to public display and/or participation
which requires access to or enters upon public land and/or Borough
equipment, beaches, parks, grounds, waters, buildings, rights-of-way
or other property, and/or requires or would result in the utilization
of the services of Borough personnel.
[2000 Code § 10:6A-2; Ord. No.
720-2015 § 7]
No person(s) or entities shall, conduct any special event within the Borough of Avalon without first completing an application for permit for same. A form of application can be obtained from the Division of Recreation Director. Any such application shall be submitted at least 90 business days in advance of the proposed special event. Once deemed preliminarily complete by the Division of Recreation Director, copies of the application shall be delivered to the Chief of Police, the Director of Public Works; and the Borough Safety Officer for review and comment. Such comments shall be received in writing by the Division of Recreation Director within 30 business days of provision of the completed application from the Division of Recreation Director. If no comments are received within this time period, the Division of Recreation Director shall deem the application complete and follow the provisions of § 10-7.3. Nothing herein shall preclude the Mayor and Council from receiving appropriate comments from Borough officials at the time the application is finally reviewed. The fee for processing of such applications shall be as established after review of the event; shall minimize as much as possible the costs to the taxpayers of the Borough of Avalon and shall be nonrefundable and payable in advance. Such fee may be waived as deemed appropriate by the Mayor in the case of a charitable event.
[2000 Code § 10:6A-3; Ord. No.
720-2015 § 8]
A copy of the completed application shall be delivered to all
members of the Governing Body for their review and the application
shall be formally reviewed by the Mayor and/or his designee(s). The
application shall be deemed approved only upon the approval of the
Mayor and/or his designee(s), who shall, thereafter at the next meeting
of Borough Council, report such approval to the Council. Any application
which includes the proposed consumption of alcoholic beverages as
part of the event shall not be deemed approved until submitted to
Borough Council and approved by way of motion at a public meeting.
Approval of the application shall be under and subject to any and
all reasonable conditions deemed appropriate by the Mayor and/or his
designee(s) and shall be accompanied by adequate proof of insurance
and a fully executed Hold Harmless and Indemnification Agreement in
favor of the Borough. Upon approval by the Mayor and/or his designee(s)
of an application, the Division of Recreation Director shall issue
a permit for the special event limited to and consistent with the
application and the conditions imposed by the Mayor and/or his designee(s).
[2000 Code § 10:6A-4]
To the greatest practical extent, the provisions of this section
shall not apply to any special event conducted by or on behalf of
the Borough of Avalon and/or its municipal agencies. The Mayor and/or
Borough Council shall retain the discretion to waive any conditions
of this section as deemed appropriate under the circumstances.
[2000 Code § 10:6A-5]
This section may be enforced by any member of the Avalon Police Department and/or by the Code Enforcement Official. Any person found guilty by the Judge of the Municipal Court shall be liable for the penalty stated in Chapter 1, §1-5, and may be declared ineligible to obtain a Special Events Permit in the Borough of Avalon for a period of time as ordered by the Court.
[2000 Code § 10:7-1]
As used in this section:
shall mean the Board of Health of the Borough of Avalon.
shall mean one or more buildings or structures, together
with the tract of land appurtenant thereto, conducted, operated or
maintained as living quarters for temporary occupancy for a period
of five or more days of a group of 10 or more persons under the age
of 18 years, not accompanied by a parent or guardian of each. All
juvenile camps must be in permanent quarters and no tents or trailers
will be permitted in any part of the Borough of Avalon.
[2000 Code § 10:7-2]
No person shall conduct, operate or maintain a juvenile camp
within the Borough until a license has been issued by the Board of
Health.
[2000 Code § 10:7-3]
Application for a license to operate a juvenile camp shall be
made to the Board on forms prescribed thereby, and shall contain the
following information:
a.
The name of the camp.
b.
The exact location of the camp.
c.
The name of the person to be in charge of the camp.
d.
The name and address of the owner.
e.
The proposed number of persons to be accommodated.
f.
The date the camp will be open for occupancy.
g.
Such other information as may be determined necessary by the Board.
[2000 Code § 10:7-4]
The fee for issuing a juvenile camp license shall be $150 per
year.
[2000 Code § 10:7-5]
To secure the proper sanitation of juvenile camps and protect
the health and safety of occupants thereof the Board is authorized
to make, amend and repeal rules and regulations pertaining to such
camps concerning site and location, surface drainage and water supply,
collection and disposal of excremental matter, sewage, waste liquids,
garbage and other wastes, insect control, storage, preparation and
serving of foods, health of food handlers and other occupants of such
camps, cleanliness of buildings and grounds, overcrowding of quarters,
and similar subjects related to health. Violation of any such rule
or regulation shall constitute a violation of this section.
[2000 Code § 10:8-1]
It shall be unlawful for the operator of any kind of dredging
equipment to operate such equipment within the Borough without first
obtaining a license therefor in compliance with the provisions of
this section.
[2000 Code § 10:8-2]
As used in this section:
shall mean any kind of equipment used, inter alia, to remove
material from beneath or near any water surfaces, or to in any manner
alter the contours of land under or near water.
shall mean any waters, waterway, lake, river, tributary,
canal, lagoon, harbor or connecting waters within the Borough.
[2000 Code § 10:8-3]
Applicants for a license under this section shall file a written
application with the Licensing Clerk signed by the applicant if an
individual; by a partner, if a partnership; and by the president of
a corporation. The application shall contain the following information:
[2000 Code § 10:8-4]
Licensees under this section shall pay an annual fee of $100.
Each license shall contain a description of the area to be dredged.
[2000 Code § 10:8-5]
Every time an area is to be dredged which is not covered by
an existing license, another license with appropriate description
of the additional area must be obtained. The fee for any additional
license, after the first in any given year, shall be $2 each.
[2000 Code § 10:8-6]
a.
No dredging equipment shall be operated in any fashion prior to 8:00
a.m. or after 9:00 p.m., on any given day, except that hours other
than those stated may be allowed upon application to the Borough Council.
b.
No dredging equipment shall be operated without a license or in any
area not described or covered in any existing license.
c.
No dredging shall be conducted which in any way removes any kind
of sand, silt, fill or dirt which is part of or supports land, publicly
or privately owned, which is above the mean low water mark as determined
by the Borough Engineer.
[2000 Code § 10:9-1]
As used in this section:
shall mean a water craft of twin pontoon construction, propelled
wholly by sails.
[2000 Code § 10:9-2]
Every owner of a catamaran shall be required to obtain a license
to be issued by the Licensing Clerk prior to bringing or permitting
to be brought or using any said craft upon any public beach adjacent
to the Atlantic Ocean or in the surf in the Borough. The license shall
not be transferable. Application for said license shall be received
no earlier than March 1 of the year of issue.
[2000 Code § 10:9-3]
Each owner shall submit, together with the license application,
proof of liability insurance in effect and in an amount no less than
$100,000 single limit.
[2000 Code § 10:9-4]
The annual fee for a catamaran license shall be established
by resolution adopted by the Borough Council who shall fix a pre-season
rate and a season rate, the rate date to be May 1. Payment in full
shall accompany the application for a license. The fee will not be
refundable after June 1.
[2000 Code § 10:9-5]
No more than 100 licenses shall be issued for catamaran sailboats
during any year. Borough Council may, by resolution, amend this number.
[2000 Code § 10:9-6]
Every owner or operator of any catamaran shall display on the
right hand front hull of the vessel the official descriptive decal
license issued by the Borough Clerk.
[2000 Code § 10:9-7]
The Borough Council shall adopt such rules and regulations as
it may deem necessary for, including but not limited to, the proper
control of catamarans for the designation of beaches on which catamaran
sailboats may be stored, launched and operated and for the detail
of license decals. Licensees shall comply with all rules and regulations
and shall also comply with the requirements of this section.
[2000 Code § 10:9-8]
The applicant for a license shall sign a waiver and indemnification
from when making application for a license, which shall indemnify
and hold harmless the Borough of Avalon with respect to any damages
or liability claims or claims of any manner arising from the use of
the vessel for which the license is issued and also waives any claims
against the Borough of Avalon with respect to any damage incurred
by the vessel.
[2000 Code § 10:9-9]
The Chief of Police, or any member of the Police Department
designated by him, is hereby authorized to remove or have removed
any vessel left unattended on the beach, dunes or surf, and/or on
which is not displayed the official license. Such vessel shall be
impounded until lawfully claimed. The Chief of Police, or any member
of the Police Department acting for him, shall notify the legal owner,
where the owner is known or can reasonably be ascertained, in writing,
by personal service or by certified mail, at the last known address
of the owner, of the removal of such vessel and the reason for the
same and the location of the vessel. Such vessel shall be retained
and impounded until the owner shall have paid the cost of such taking
and removal, the charge to be $50, together with a garage charge of
$5 for each and every day such vessel is retained and impounded. Said
charge may be amended by resolution of Borough Council.
a.
Any person, firm or corporation who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, §1-5 and/or suspension or revocation of any license issued pursuant to this section. Additionally, the license may be suspended or revoked as to any vessel licensed under this section if the owner or operator of the vessel operates same or causes or permits the operation of same in a manner that constitutes a danger to the safety of said owner, operator or others.
[2000 Code § 10:9-10]
b.
Whenever a person is required to obtain a license from the Borough of Avalon pursuant to Chapter 5 of the Borough Code and such person fails to obtain such a license then, in addition to any other penalty provided in §§ 10-10.1 through 10-10.10, inclusive, such person shall upon conviction, be liable for the penalty stated in Chapter 1, §1-5.
[2000 Code § 10:10]
[2000 Code § 10:11-1.1]
a.
General Regulation.
1.
In order to prevent disease and thereby protect the public health
for those using the territorial waters of the Borough of Avalon, the
following rules and regulations concerning the use of such waters
are hereby adopted:
(a)
Prior to March 1 of each calendar year, qualified marinas that
rent live-aboard dock space shall apply for a permit in the office
of the Construction Official of the Borough of Avalon, which office
shall approve or deny such an application within 10 business days.
(b)
The permit application shall include two site plans showing
all docks and building marking location of those docks to be used
by live-aboard boats.
(c)
The applicant shall indicate and prove to the satisfaction of
the Construction Official that the grounds of the marina are in a
neat and orderly condition free of trash, refuse and all debris and
inflammable materials and operated in a safe and orderly fashion.
(d)
The applicant shall show proper amount of parking spaces, one
for each slip, plus ingress and egress of docks and parking area for
the public to the nearest public way; said parking area shall be free
and clear of any and all debris, garbage, trash or any other refuse
of any nature or kind; and the parking spaces shall comply with all
Borough ordinances.
(e)
This site plan shall note the location of restrooms and showers
in the marinas.
(f)
The application for site plan shall show the owner, person in
charge, and emergency phone numbers, business hours and business phone
of that person in charge.
(g)
The showers and restrooms shall be provided by the marina owner
24 hours per day and shall be connected to the Borough sewer system
and within the confines of the subject marina.
(h)
Docks to be used by live-aboards shall be in a safe structural
condition and shall be free of all hazards from risks of fire or to
life and safety.
(i)
The dumping of garbage, food waste, offal, gray water, sewerage
materials, or any other waste into the water is hereby prohibited.
2.
In order to assist in the enforcement of the provisions of this section
with respect to certain utilization made of the waters of the Borough
of Avalon, it is hereby declared that no person shall live aboard
any vessel within the territorial waters of the Borough of Avalon
except as provided herein:
(a)
A person may live aboard any vessel provided that said vessel
is moored or harbored at one of the existing licensed marinas.
(b)
The restriction upon the period of time for such a live-aboard
shall be from April 1 to December 15 of each calendar year; and only
38% of the slips in any of the marinas currently existing in the Borough
may be utilized as vessels for living aboard.
[2000 Code § 10:11-2]
Any permit for a marina to permit live-aboard vessels may be
revoked by the Construction Official after written notice to the operator
of such marina and an opportunity to be heard before the Borough Council.
Such written notice shall be mailed to the operator of the marina
at the address shown on the permit and shall state the date and time
the Borough Council will consider the proposed revocation.
The grounds for revocation shall be:
[2000 Code § 10:12-1]
No person shall own or operate within the Borough of Avalon
any games of chance, as defined by N.J.S.A. 5:8-1 et seq., without
obtaining a license therefor as issued by the Borough of Avalon. The
license shall be issued pursuant to pertinent sections of N.J.S.A.
5:8-24 et seq., known as the Bingo Licensing Law, and N.J.S.A. 5:8-50
et seq., known as the Raffles Licensing Law, and the regulations promulgated
thereunder.
[2000 Code § 10:12-2; Ord. No.
639-2011]
a.
Each applicant for a license pursuant to this section shall file
a written application with the office of the Borough Clerk as prescribed
by statute in accordance with the rules and regulations promulgated
by the Legalized Games of Chance Control Commission of the Department
of Law and Public Safety of the State of New Jersey.
b.
In accordance with the provisions of N.J.A.C. 13:47-1.1 et seq.,
the Borough Clerk is hereby delegated the authority to act as the
"Issuing Authority" to approve the granting of bingo and raffle licenses
in accordance with the Bingo Licensing Law and Raffle Licensing Law,
as administered by the Legalized Games of Chance Control Commission.
The Borough Clerk shall only have the authority to approve licenses
for applicants who had applied for and received the same license from
the Borough in the preceding calendar year.
c.
For applicants who have not applied for and received the same license
from the Borough in the preceding calendar year the Governing Body
of the Borough shall have the exclusive authority to grant raffle
and bingo licenses.
[2000 Code § 10:12-3]
In addition to the State fees, the fees payable to the Borough
are as follows:
|
Bingo
|
$5 for each occasion on which any games of bingo are to be conducted
under the license.
|
|
On-Premises Draw Raffle:
|
$5 for each day on which the same is to be conducted under the
license.
|
|
Non-Draw Raffle:
|
$5 for all raffles concurrently held on any one day or any series
of consecutive days, not exceeding six , in any one week at one location.
|
|
Off-Premises Draw Raffle:
|
$5 for each $1,000 of retail value of the prizes to be awarded
or any part thereof.
|
|
Special Door Prize Raffle for under $50 worth of merchandise
and for which no license is required.
|
No fee is payable.
|
[2000 Code § 10:12-4]
The aforesaid activities may be conducted from 12:00 noon until
12:00 midnight on the same day and may be conducted on Sunday.
[2000 Code § 10:12-5]
a.
In the event that any person violates any provisions of this section
of the aforementioned statutes or the rules and regulations promulgated
by the Legalized Games of Chance Control Commission thereunder or
the terms of any license, such person shall be deemed a disorderly
person. For the purpose of this section, persons shall include any
individual, group of individuals, association, partnership, corporation
or any other entity.
b.
Upon conviction, in addition to the imposition of any penalties set
forth subsequently herein, the license may be forfeited.
[2000 Code § 10:10-13]
The Borough Council finds and declares that:
a.
The provisions contained in this section are intended to prohibit
the infringement of any businesses in any areas by regulating the
term and frequency of yard sales so as not to disturb or disrupt the
residential environment of the area.
b.
The provisions of this section do not seek control of sales by individuals
selling a few of their household or personal items.
c.
The provisions and prohibitions hereinafter contained are enacted
not to prevent but to regulate garage sales for the safety and welfare
of the Borough's citizens.
[2000 Code § 10:13-1; Ord. No.
598-2008]
shall mean: all general sales open to the public conducted
from or on a premises for the purpose of disposing of personal property,
including but not limited to all sales entitled yard, lawn, garage,
attic, porch, room, flea market, tag, trunk, estate or rummage sale,
at that residence pursuant to a permit and under conditions set forth
under the Zoning chapter. Official, governmental or charitable sales
are excluded.
[2000 Code § 10:13-2]
No yard sale shall be conducted except in conformance with the
provisions of this section.
[2000 Code § 10:13-3]
No yard sale shall be conducted unless and until the individuals
desiring to conduct such sale shall obtain a permit therefor from
the Zoning Officer.
[2000 Code § 10:13-4]
Prior to the issuance of any yard sale permit, the individuals
conducting such sale shall file a written statement with the Zoning
Officer at least five days in advance of the proposed sale, setting
forth the following information:
a.
Full name and address of the applicant.
b.
The location at which the proposed yard sale is to be held.
c.
The date or dates upon which the sale shall be held.
d.
The date or dates of any other yard sales within the current calendar
year.
e.
An affirmative statement that the property to be sold was owned by
the applicant as his own personal property and was neither nor consigned
for the purposes of resale.
[2000 Code § 10:13-5]
There shall be an administrative processing fee of $10 for the
issuance of such permit. The fee may be waived for any sale or combination
of sales conducted by or for any organization the proceeds of which
shall be used for charitable, education, or philanthropic purposes.
[2000 Code § 10:13-6]
The permit shall set forth and restrict the time and location
of such yard sale. No more than two such permits may be issued to
one residence during any calendar year, nor in less period than 30
days. No permit shall be issued for more than two consecutive days.
[2000 Code § 10:13-7]
Any permit in possession of the holder of a yard sale shall
be posted on the premises in a conspicuous place so as to be seen
by the public and the Zoning Officer.
[2000 Code § 10:13-8]
No directional signs are permitted. One advertising sign may
be posted on the premises of the applicant, and on no other place,
not to exceed five square feet in size. No sign shall be exhibited
for more than five days prior to the day of the sale and must be removed
immediately upon the close of the sale.
[2000 Code § 10:13-9]
The individual to whom such permit is issued and the owner or
tenant of the premises on which such sale is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum
on the premises during all hours of such sale. No such individual
shall -permit any loud or boisterous conduct on the premises or permit
vehicles to impede the passage of traffic on any streets in the area
of such premises. All such individuals shall obey the reasonable orders
of any member of the Police Department or Fire Department of the Borough
in order to maintain the public health, safety and welfare.
[2000 Code § 10:13-9.1]
Any person conducting any such sale or similar activity without
being properly licensed therefor or who shall violate any of the other
terms of this section shall, upon conviction, be fined not less than
$25 nor more than $500 or be imprisoned for a period not to exceed
five days for each violation.
[Ord. No. 636-2010; Ord. No. 666-2012; amended 3-11-2020 by Ord. No. 799-2020]
|
ARTICLE 1
|
|
Taxicabs
|
As used in this section, the following terms shall have the
meanings indicated:
An individual over 18 years of age who seeks to be licensed
as a taxicab owner and/or driver, with a valid New Jersey driver's
license, applying in compliance with the terms of this section.
Includes any automobile or motor car, 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 or public highways of this state, and
particularly accepts and discharges such persons as may offer themselves
for transportation from points or places to points or places within
or without the state. (Source: N.J.S.A. 48:16-1)
Includes all motor vehicles except motorcycles. (N.J.S.A.
39:1-1)
The Borough of Avalon, in the County of Cape May and the
State of New Jersey.
Any person licensed by the New Jersey Motor Vehicle Commission
to operate within the State of New Jersey who drives a registered
taxicab within the Borough of Avalon.
The Borough Council or Council of the Borough of Avalon.
The individual who is designated to accept applications for
licensing and to issue licenses in accordance with this section.
A four-wheeled low-speed vehicle, as defined in 49 CFR 571.3(b),
whose attainable speed is more than 20 miles per hour but not more
than 25 miles per hour on a paved level surface and which is not powered
by gasoline or diesel fuel and complies with federal safety standards
as set forth in 49 CFR 571.500. (N.J.S.A. 39:1-1)
Includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles. (N.J.S.A. 39:1-1)
Consists of transporting one or more persons for hire in
a taxicab. Accepting a passenger to be transported for hire from a
point of departure within the Borough to a designation within or out
of the Borough shall be considered operation of a taxicab within the
Borough. Such term shall not include accepting a passenger from outside
the Borough to be transported to a destination within the Borough.
The transportation of any person other than the owner or driver in
any motor vehicle bearing a designation using the words "taxi," "taxicab"
or "cab" shall be prima facie evidence of operation.
Any person in whose name title to any taxicab is registered
with the New Jersey Motor Vehicle Commission, or who appears in the
Commission's records, or otherwise, to be a conditional vendee or
lessee of such motor vehicle, or who has any other proprietary interest
in a taxicab. Such term shall include an individual, sole proprietorship,
partnership, limited partnership, corporation or limited liability
company.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever. (Source: N.J.S.A. 48:16-1)
Includes any street, avenue, park, parkway, highway or other
public place. (Source: N.J.S.A. 48:16-1)
See definition of "autocab."
See "transportation network company."
A corporation, partnership, sole proprietorship, or other
entity that is registered as a business in the state or operates in
this state, and uses a digital network to connect a transportation
network company rider to a transportation network company driver to
provide a prearranged ride. A transportation network company shall
not include an individual, corporation, partnership, sole proprietorship,
or other entity arranging nonemergency medical transportation for
individuals qualifying for Medicaid under P.L. 1968, c. 413 (N.J.S.A.
30:4D-1 et seq.) or Medicare under Pub. L. 89-97 (42 U.S.C. § 1395
et seq.) pursuant to a contract with the state or a managed care organization,
whereby Medicaid or Medicare funding is used to pay for the nonemergency
medical transportation services. (See N.J.S.A. 39:5H-1 et seq.)
A person who receives connections to potential riders and
related services from a transportation network company in exchange
for payment of a fee to the transportation network company, and uses
a personal vehicle to offer or provide a prearranged ride to a rider
upon connection through a digital network controlled by a transportation
network company in return for compensation or payment of a fee. (See
N.J.S.A. 39:5H-1 et seq.)
A person who uses a transportation network company's digital
network to connect with a transportation network company driver to
receive a prearranged ride from the driver using the driver's personal
vehicle. (See N.J.S.A. 39:5H-1 et seq.)
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks or motorized
bicycles. (N.J.S.A. 39:1-1)
a.
No autocab shall be operated along any street in the Borough until
the owner thereof shall obtain the consent of the Borough Council,
the governing body of the Borough, the authority having control of
the public streets in the municipality. (Source: N.J.S.A. 48:16-2,
amended by L. 1977, c. 218, § 1, eff. September 13, 1977)
b.
No person shall operate a taxicab within the Borough unless both
the owner and the driver of the taxicab are licensed pursuant to this
section. The Borough Council shall be the issuing authority of all
such licenses. A separate license shall be required for each owner
and each driver.
a.
Application information. An application for a taxicab owner's license
shall be filed with the licensing clerk of the Borough upon forms
provided by the Borough for that purpose. The application shall require
disclosure of the following information:
1.
Name, address and date of birth of the applicant.
(a)
If the applicant is a corporation, its name, address of its
principal place of business and the name and address of its registered
agent must be supplied. In addition, a copy of the certificate of
incorporation shall be filed with the application.
(b)
If the applicant is a limited liability company, its name, address
of all members and address of the registered agent shall be submitted
in addition to a copy of the certificate of formation of the limited
liability company and a current operating agreement.
(c)
If the applicant is a partnership, the same information required
of an individual applicant shall be required for each of the partners.
2.
The applicant will cooperate with any agency authorized by the Borough
to complete a background check of the applicant, including any history
of commission or violation of any criminal or quasi-criminal statutes,
including, but not limited to, traffic laws and municipal ordinances.
(a)
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
(b)
In the event that the applicant is a limited liability company,
such background investigation shall include all members.
(c)
In the event that the applicant is a partnership, such investigation
shall be required with respect to each of the partners, whether full
partners or limited partners.
3.
The number of vehicles to be operated or controlled by the applicant
and the address of the principal place of business and the telephone
number. The application shall also describe the make, model, year,
and vehicle identification number (VIN) of each vehicle that is to
be operated as a taxicab.
4.
The previous experience of the applicant in the transportation of
passengers for hire, including the name of any other state or municipality
where the applicant has ever been licensed, or is currently licensed,
to operate a taxicab and whether said license was ever suspended or
revoked or whether an application for the issuance or renewal of a
license was ever denied and the reasons for the denial, suspension
or revocation.
5.
The names and addresses of three individuals who are not members
of the applicant's immediate family, who can verify the applicant's
good character and business and financial responsibility to operate
a taxicab.
6.
Any other facts that the applicant believes would have any effect
on the decision to grant or deny the license applied for.
7.
A description of the insignia to be placed upon the taxicab, as defined
in this section, the location of such insignia and an identification
of all other permanent markings that are to be affixed to the motor
vehicle designating the same as a taxicab. An applicant may aid in
this requirement by submitting, with the application, a color photograph
of each vehicle to be used as a taxicab.
8.
The names and addresses of all drivers (other than owners).
9.
Any other information which the Borough Council may prescribe.
b.
Applications to be verified. All applications shall be verified by
oath or affirmation. Applications by a partnership shall be verified
by all partners; applications by a corporation shall be verified by
the president or vice president; and applications by a limited liability
company shall be verified by any member.
c.
Procedure. Once an application is complete, and the nonrefundable
application fee defined in this section is paid, the licensing clerk
shall transmit the completed application to the Chief of Police, or
the approved agency for investigations responsible for the conduct
of investigations for each applicant, to be submitted to the police
when completed.
All taxicab drivers shall be licensed in accordance with this
section by filing an application with the licensing clerk on forms
provided by the Borough and complying with the background check procedures
set forth in this section. Upon receiving an approval, the taxi driver
license card will be issued as set forth in this section.
a.
The holder of a license covering a licensed vehicle and a licensed
driver thereof shall be responsible for any violations of this section
and of the laws of the State of New Jersey. Every licensed driver
is the agent, servant and employee of the holder of the license of
the vehicle being operated by the licensed driver.
b.
The Chief of Police or his designee or investigating agency shall
be responsible for the conduct of an investigation into each applicant
for an owner's or driver's taxicab license. Each such applicant shall
submit to fingerprinting by the investigating agency. The investigation
shall concern all matters stated in the application and shall determine
whether the applicant for such license has any criminal record and,
if so, the circumstances of such record, including the date, place
of such conviction and the nature of the conviction. A report containing
the results of such investigation, together with the recommendations
by the Chief of Police as to whether such license should be granted
or denied supported by the reason(s) for such recommendation, shall
be forwarded to the licensing clerk, who shall in turn make such report
available to the individual members of Borough Council. A copy of
the report shall also be sent to the applicant.
As a condition of conducting the investigation referred to in
this section, each applicant, by submitting an application for a taxi
owner's license or taxi driver's license, authorizes the Chief of
Police and the Avalon Police Department to release the results of
such investigation to the Borough Council, Mayor, Business Administrator,
Borough Clerk, Code Enforcement Officer, Borough Solicitor and licensing
clerk. No such investigation shall be undertaken without such written
authorization by the applicant.
The Borough Council shall, by resolution, act upon the owner's
license application within 30 days of the receipt of the investigation
report from the Chief of Police. If the Chief of Police recommends
granting the license and if the report discloses no reason which would
justify denying the license, the Borough Council may proceed to issue
the license without a hearing as defined in this section. The applicant
owner shall pay the applicable fees, to be collected by the licensing
clerk upon the issuance of the license to the applicant owner.
If the recommendation of the Chief of Police is to deny the
license, or if Borough Council is satisfied that there are reasons
which would justify the denial of the issuance of the license separate
and apart from the recommendation of the Chief of Police, the applicant
owner shall be granted a hearing before Borough Council prior to final
determination. The applicant owner shall receive notification of the
date and time for such hearing, which shall be scheduled within such
30 days from the denial date, and such hearing shall be commenced
and concluded within the immediately succeeding 30 days. If the applicant
owner refuses the opportunity to appear for a hearing, then Borough
Council shall proceed to grant or deny the license in the exercise
of its discretion.
a.
An owner may be permitted to substitute a vehicle or driver in the
place of the duly licensed vehicle or driver; provided, however, written
notice of substitution of the vehicle or driver shall have first been
filed with the licensing clerk and approval given by the licensing
clerk, which written notice shall consist of the following:
1.
The Borough license number of the vehicle which is replaced;
2.
The time and date of replacement;
3.
Reasons for replacement;
4.
The insurance coverage of the vehicle substituted;
5.
In case of a substituted driver, his/her taxicab driver license card
issued by the Code Enforcement Officer of the Borough of Avalon.
b.
If such substitution is approved for a vehicle, the Borough-issued
identification number shall then be identified with the vehicle.
a.
Initial license term. The term of a taxicab license under this section
shall be from May 1 through April 30 of the following year. A license
issued after May 1 shall be valid for the balance of the license term,
and the fee for that term shall not be prorated. This term shall be
applicable to both owners and drivers and the respective licenses
issued to each.
b.
Fees; amendment by resolution.
1.
The annual license fee for an owner's license shall be $50 per year
or fraction thereof per vehicle, plus a nonrefundable application
fee for initial application and all subsequent renewals which shall
be $10 per application for an applicant owner.
2.
The annual taxi driver license fee for each driver shall be $35 per
year or fraction thereof.
3.
These license fees may be amended by resolution of the governing
body.
c.
Renewal.
1.
A renewal license may be issued upon the applicant owner and applicant
driver completing and filing renewal applications and verifying by
oath or affirmation that there have been no changes in the information
contained in the issuance of the initial applications and that they
have continued to comply with all laws of the State of New Jersey
relating to the operation of taxicabs and are not in violation of
any provision of this section.
3.
Renewal applications of owners will not require approval by Borough
Council.
No ownership of a license shall be transferred unless an application
for permission to transfer shall have been made to the licensing clerk
of the Borough of Avalon, a transfer fee of $25 is paid to the Borough
of Avalon, and approval of such transfer is first obtained from Borough
Council.
Each owner and driver seeking to be licensed to operate or drive
a taxicab shall produce a statement from a physician licensed to practice
medicine in the State of New Jersey; said certificate shall attest
that the person driving the taxicab does not suffer from any vision
or hearing impairment or from any other mental or physical condition
which would interfere with his ability to operate a taxicab in a safe
and effective manner. Such certificate shall be dated within 90 days
of the initial application or any renewal application.
The taxi driver's license card issued to a taxi driver shall
be issued by the Code Enforcement Officer of the Borough of Avalon
after the applicant driver has successfully completed the approval
process. The taxi driver's license card shall at all times be prominently
displayed and adequately protected in the interior of any taxicab
operated by the licensee so that the face thereof shall be at all
times in full view and plainly legible to any passenger seated in
the rear seat of such taxicab. The taxi driver's license card shall
at all times be, and remain, the property of the Borough of Avalon.
No taxi driver's license card, other than that of the person actually
operating the taxicab at the time, shall be displayed therein.
The owner of an autocab shall cause to be displayed on the body
of the vehicle the taxi license number issued to that vehicle. The
number shall be three inches in height and located in the center of
the rear quarter panels on the driver and passenger sides and the
rear center line of the trunk of the vehicle. Each autocab shall display
on each rear door of the autocab the name of the municipality or municipalities
which have issued the autocab a taxi license in letters three inches
in height. (Source: N.J.S.A. 48:16-2.4, Display of taxi license number,
L. 2011, c. 135, § 4)
The Borough Council reserves the right to establish by resolution
the maximum fares for taxi service provided within the Borough. Initially,
no provision will be made in this section to set maximum fares. Every
taxicab shall have displayed in it, in a manner so as to be easily
read by all passengers, a card giving the maximum fares for services
provided. The fares may be established from time to time by resolution
of Borough Council.
As a condition for the issuance of a license hereunder, the
owner of a taxicab shall file with the Borough Clerk an insurance
policy attesting that the taxicab business, owner and/or driver is
insured under a policy of comprehensive, general liability insurance
with limits of not less than $300,000 per occurrence. The Borough
Clerk shall issue the certificate of compliance, in duplicate, to
be filed with the New Jersey Motor Vehicle Commission in accordance
with N.J.S.A. 48:16-6. The insurance policy, or an accompanying document,
shall obligate the liability insurer to notify the Borough Clerk and
Business Administrator of the Borough if any change occurs in the
policy or if the policy is terminated or canceled for any reason.
The Borough Council may adopt rules and regulations by resolution
pertaining to the licensing of taxicabs, owners and drivers.
Any license issued under this section may be revoked or suspended
or any application for renewal may be denied for cause. Before taking
any such action, the aggrieved party shall be entitled to a hearing
before Borough Council. Cause shall be deemed to be any reason set
forth in the Code of the Borough of Avalon for the suspension or revocation
of any license as well as for any one or more of the following:
a.
Failure to maintain liability insurance required by this section;
b.
Failure to comply with the motor vehicle laws of the State of New
Jersey;
c.
Failure to comply with the Code of the Borough of Avalon;
d.
Suspension or revocation of the applicant's driving privileges in
the State of New Jersey;
e.
Operating a taxicab in a reckless or grossly negligent manner within
the Borough or habitually operating a taxicab in a negligent manner
within the Borough of Avalon;
f.
Violation of criminal laws of the State of New Jersey, other states
and federal laws.
The provisions of Article 1 of this section shall not apply
to transportation network companies or transportation network company
drivers (such as Uber and similar such companies) as defined in P.L.
2017, c. 026, providing a prearranged ride; a limousine as defined
in N.J.S.A. 48:16-13 or Section 2 of P.L. 1997, c. 356 (N.J.S.A. 48:16-13.1),
an autobus or jitney as defined in N.J.S.A. 48:16-23, or a motor bus
as defined in Section 1 of P.L. 1991, c. 154 (N.J.S.A. 17:28-1.5).
Any person violating the provisions of this section shall, upon conviction, be subject to the penalties set forth in Subsection 1-5.1 of this Code. Such penalty or penalties shall be in addition to any other penalty set forth in this section.
This section shall be enforced by any of the following:
|
ARTICLE 2
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Low-Speed Vehicles
|
The Borough Council hereby makes the following factual determinations:
a.
Low-speed vehicles, or LSVs, sometimes and frequently referred to
as "golf carts," are being used with increased frequency as personal
means of transportation within the Borough.
b.
LSVs are vehicles within the meaning of the motor vehicle statutes
of the State of New Jersey and are required to be registered with
the Motor Vehicle Commission in order to be operated on the public
streets and thoroughfares.
c.
LSVs do not meet the definition of "autocabs" as defined in N.J.S.A.
48:16-1 and, therefore, are incapable of being licensed as autocabs
with all of the attendant safeguards that are applicable to autocabs
for the health, safety and welfare of the public. As a result, LSVs
are not permitted to be used to transport passengers for hire.
d.
Nonetheless, LSVs are being utilized for the very purpose of transporting,
as passengers, members of the general public. Generally, such use
is secondary to the operation of another business which is the principal
or primary endeavor, such as the advertisement of other third-party
businesses, products, or services. In the operation of the principal
or primary enterprise, such operators of LSVs offer free transportation
to nonpaying passengers wishing to be transported to a designated
destination. Operators of such LSVs also frequently station such vehicles
in the vicinity of bars and restaurants as well as other high-traffic
areas for the purpose of offering transportation services to passengers
who request the service. The transportation services are provided
free of charge, with the primary revenue being generated through ads
that are placed upon the LSV.
e.
Some LSVs are equipped with lighted tops or canopies, sometimes with
flashing or rotating lights, advertising particular products, businesses,
or services. These vehicles pose an imminent danger as they act to
distract other motorists as well as pedestrians and others. As such,
they pose a danger to the safety of persons and property.
f.
LSVs which are operated for the purpose described herein are for
all intents and purposes a public means of transportation similar
to the type of service provided by autocabs and TCNs. The fact that
the LSV operator does not charge a fee for the transportation service
provided is the principal, if not the sole, distinguishing feature.
In other words, by eliminating a fee for service, the LSV operator
is able to avoid all of the other safeguards that the state demands
of autocabs and TNC companies for the protection of the public.
g.
This governing body is of the firm conviction that the public safety
demands that, to the extent that LSVs are operated in conjunction
with, or incidental to, any commercial business or enterprise and
offer to transport passengers, even free of charge, the same safeguards
that are applicable to autocabs and TCNs must be made applicable to
LSVs engaged in activities described herein. The public health, safety,
and welfare demand nothing less.
h.
Accordingly, every business operation engaged in any business activity
which involves the transportation of members of the general public
from any location within the Borough to a destination either within
or without the Borough, and offers to do so without fee or other consideration
("business activity" or "activity"), shall comply with the requirements
of this section. Those requirements, by way of overview, require obtaining
municipal consent to use the streets of the Borough; the licensing
of the business activity; the licensing of both owners and drivers
of low-speed vehicles engaged in the business activity; mandatory
insurance for the business activity and each driver-operator of an
LSV; appropriate investigation by the Chief of Police similar to the
type of investigation required of autocab owners and drivers; medical
certificates attesting to the fitness of all driver-operators; criminal
history background checks; and other requirements as set forth in
this section.
a.
Before any owner of a low-speed vehicle ("LSV") shall operate any such vehicle, with the intention of transporting members of the general public as passengers, along any street within the Borough, such owner shall first obtain the required municipal consent of the Borough Council, the elective governing body of the Borough. Such consent shall be granted only after a written application is submitted to the Borough Council requesting municipal consent and describing the nature of the business enterprise to be conducted. The applicant shall provide the information to the extent applicable and follow the procedure set forth in Subsection 10-14.3 of this section. Municipal consent shall be granted only by resolution of Borough Council.
b.
No municipal consent shall be granted by Borough Council until such
time as the applicant has submitted an appropriate application to
the licensing clerk in accordance with said section and the required
referral to the Chief of Police and submits to an investigation by
the Chief of Police to the same extent as required of other business
enterprises engaged in the transportation of passengers.
All owners of LSVs engaged in any business activity described in this section shall be licensed by the Borough in accordance with this section before commencing the business activity. The licensing of owners shall, to the extent applicable, follow the same procedure established for the licensing of owners of autocabs as set forth in Subsection 10-14.3 of this chapter. The owner shall undergo a criminal history background check; and if the owner is also to be a driver-operator, the owner shall be subject to the same requirements applicable to driver-operators and shall be subject to the same eligibility and disqualification factors for driver-operators as set forth in Subsection 10-14.29 hereof.
a.
All driver-operators of LSVs engaged in the business activity described
in this section shall be licensed by the Borough Council before operating
an LSV in furtherance of the business activity. To become licensed,
such driver-operator shall:
b.
The licensing clerk shall not recommend to Borough Council the issuance
of a municipal license to any driver-operator under any of the following
circumstances:
1.
Conviction of crimes.
(a)
The applicant or driver has been convicted of one or more of
the following crimes:
(1)
In New Jersey, any crime as follows: aggravated assault, arson,
burglary, escape, extortion, homicide, kidnapping, robbery, aggravated
sexual assault, sexual assault, or endangering the welfare of a child
pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having
possession of any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1,
a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4,
or N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly
persons offense for the unlawful use, possession or sale of a controlled
dangerous substance as defined in N.J.S.A. 2C:35-2.
(b)
If an applicant or driver who has been convicted of one of the crimes enumerated in Subsection b1 or 2 of this section produces a valid certificate of rehabilitation issued pursuant to Section 2 of P.L. 2007, c. 327 (N.J.S.A. 2A:168A-8) or, if the criminal offense occurred outside the state, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant or driver from accessing the transportation network company's digital network as a transportation network company driver or from providing prearranged rides as a transportation network company driver. A transportation network company, or a third party designated by the transportation network company, shall take reasonable measures to confirm the validity of the certificate, such as contacting the relevant court or government agency.
2.
The
applicant's or driver's driving record check reveals more than three
moving violations in the prior three-year period, or one of the following
violations in the prior three-year period:
3.
The
applicant or driver is a match in the United States Department of
Justice's Dru Sjodin National Sex Offender Public Website.[1]
[1]
"The Dru Sjodin National Sex Offender Public Website (NSOPW)
provides an opportunity for jurisdictions to participate in an unprecedented
public safety resource by sharing public sex offender data nationwide,
working collaboratively for the safety of our vulnerable adults and
one of our most precious resources — our children" (quoted from
website).
4.
The
applicant or driver is not a holder of a valid basic driver's license.
5.
The
applicant or driver is under 18 years of age.
c.
Upon the driver-operator complying with the requirements of this
section, the licensing clerk shall recommend to Borough Council the
issuance of a municipal license.
a.
The holder of a license pursuant to the provisions of this section
shall be responsible for the truthfulness and accuracy of all matters
set forth in the application and for any violation of the laws of
the State of New Jersey or of any other state. Every licensed driver
is the agent, servant and employee of the holder of the license of
the vehicle being operated by said licensed driver.
b.
The Chief of Police or his designee or investigating agency shall
be responsible for the conduct of an investigation into each applicant
for a license hereunder. Initial applicants for a license shall submit
to a fingerprint background check by the investigating agency. For
each of the three years following the initial year that an applicant
obtains an LSV license from the Borough, the Borough will conduct
a computer-based background check of the applicant through the New
Jersey State Police if the applicant applies for another LSV license
from the Borough. For example, an initial applicant in 2020 will be
required to undergo a full fingerprint background check. In 2021,
2022 and 2023, the applicant's background check will be conducted
through the State Police through the computer check. In 2024, the
applicant will again undergo a fingerprint background check.
c.
If the applicant is a corporation, limited liability company or partnership,
then the following individuals shall be subject to a background check:
1.
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
2.
In the event that the applicant is a limited liability company, such
investigation shall include all officers of the limited liability
and, if practical, the members.
3.
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
d.
The investigation shall concern all matters stated in the application
and shall determine whether the applicant for such license has any
criminal record and, if so, the circumstances of such record, including
the date, results of such investigation, together with recommendations
by the Chief of Police as to whether such license should be granted
or denied supported by the reason(s) for such recommendation and shall
be forwarded to the licensing clerk, who shall deliver the report
to the Borough Clerk. The Borough Clerk shall, in turn, make such
report available to the individual members of Borough Council. A copy
of the report shall also be sent to the applicant.
a.
As a condition of conducting the investigation referred to in Subsection 10-14.29, each applicant, by submitting an application for an LSV license, authorizes the Chief of Police and the Avalon Police Department to release the results of such investigation to the Borough Council, Mayor, Business Administrator, Borough Clerk, Code Enforcement Officer, Borough Solicitor and licensing clerk.
b.
No such investigation shall be undertaken without such written authorization
by the applicant.
Each owner and driver seeking to be licensed to operate or drive
an LSV to engage in the business activity described in this section
shall produce a statement from a physician licensed to practice medicine
in the State of New Jersey; said certificate shall attest that the
person driving the LSV does not suffer from any vision or hearing
impairment or from any other mental or physical condition which would
interfere with his/her ability to operate an LSV in a safe and effective
manner. Such certificate shall be dated within 90 days of the initial
application or any renewal application.
As a condition for the issuance of a license hereunder, the
owner of an LSV shall file with the licensing clerk an insurance policy
attesting that the business, the owner and/or driver is insured under
a policy of comprehensive, general liability insurance with limits
of not less than $1,000,000 per occurrence. The insurance policy shall
name the Borough of Avalon, its elected and appointed officials, as
additional insureds and shall obligate the liability insurer to notify
the licensing clerk and Business Administrator of the Borough with
30 days' prior notice of the cancellation, nonrenewal, or any change
in coverage of the policy of insurance.
The Borough Council may adopt rules and regulations, by resolution,
pertaining to the licensing of LSVs, owners and drivers.
a.
Every LSV shall be equipped with the equipment mandated by 49 CFR
571.500.
b.
The LSV shall not be equipped with or utilize any flashing or rotating
lights anywhere on the interior or exterior thereof, which are, or
may be, used to attract attention in order to advertise any business,
product, or service.
c.
The LSV operator/owner shall comply with all the laws and provisions
of Title 39 of the New Jersey Statutes while such vehicle is in operation.
Any license issued under this section may be revoked or suspended
or any application for renewal may be denied for cause. Before taking
any such action, the aggrieved party shall be entitled to a hearing
before Borough Council or its designee. Cause shall be deemed to be
any reason set forth in the Code of the Borough of Avalon for the
suspension or revocation of any license as well as for any one or
more of the following:
a.
Failure to maintain liability insurance required by this section;
b.
Failure to comply with the motor vehicle laws of the State of New
Jersey;
c.
Failure to comply with the Code of the Borough of Avalon;
d.
Suspension or revocation of the applicant's driving privileges in
the State of New Jersey;
e.
Operating an LSV in a reckless or grossly negligent manner within
the Borough or habitually operating such a vehicle in a negligent
manner within the Borough;
f.
Violation of criminal laws of the State of New Jersey, other states
and federal laws.
a.
Each LSV operating under this section shall have permanently affixed
a permanent insignia which shall be prominently displayed designating
such LSV as licensed under this section.
b.
Each LSV shall be equipped with seat belts for the operator and each
passenger. Each passenger must have his/her own individual seat and
shall have the seat belt affixed when the LSV is moving.
c.
The operator shall not operate the LSV until all passengers are properly
seated and secured with seat belts properly affixed.
a.
License term. The term of a license under this section shall be from
May 1 through April 30 of the following year. A license issued after
May 1 shall be valid for the balance of the license term, and the
fee for that term shall not be prorated.
b.
Renewal.
1.
A renewal license may be issued upon the applicant owner and applicant
driver completing and filing renewal applications and verifying by
oath or affirmation that there have been no changes in the information
contained in the initial applications and that they have continued
to comply with all laws of the State of New Jersey relating to the
operation of vehicles and that the applicant, whether owner or applicant,
is not in violation of any provision of this section.
2.
A criminal history records check shall be required on renewals of
owners and drivers as specified in this section.
3.
A driving history background check shall be required for all applicants
on any renewal application.
4.
Renewal applications of owners will require approval by Borough Council.
c.
Fees. The annual license fee for each application shall be $250 plus
$50 for each LSV registered and licensed under this section. Each
driver-operator shall pay a license fee of $25. The owner or the driver-operator
shall be responsible for the cost of all background checks required
under this section.
The provisions of Article 2 of this section shall not apply
to the following:
a.
The noncommercial use of an LSV for personal use and transportation,
including the use by the owner, the owner's permissive user and guests.
b.
The commercial use of an LSV by any business or commercial enterprise
for deliveries or otherwise, and provided that such use does not involve
the transportation of one or more passengers who are not employees
of or otherwise affiliated with the business or commercial enterprise.
c.
The use of an LSV by a hotel, motel, condominium or other multiple
dwelling to transport registered guests or unit owners to or from
the beach or any other location within the Borough, provided that
such service is provided free of charge and included within the amenities
offered and provided by such property.
Any person violating the provisions of this section shall, upon conviction, be subject to the penalties set forth in Subsection 1-5.1 of this Code. Such penalty or penalties shall be addition to any other penalty set forth in this section.
The provisions of this Article 2 of this section shall be enforced by the same individuals or agencies specified in Article 1, Subsection 10-14.21, hereof.
[2000 Code § 10:15; Ord. No. 602-2008]
Except as otherwise provided in this chapter, it shall be unlawful
to drive a motorcycle, bicycle, motor vehicle or any motor-operated
or horse-driven vehicle of any kind or to ride or have a horse, upon
the beach or under the boardwalk or approaches thereof.
[2000 Code § 10:15-1; Ord. No.
602-2008]
Any person desiring to operate a permitted vehicle on the beach
shall make application to the Licensing Department to do so. The applicant
shall furnish to the Licensing Department his/her name, address, driver's
license number, make, model and year of the vehicle, license plate
number, state vehicle is registered in and the reason for the operation
of the vehicle on the beach for which the permit is being sought.
[2000 Code § 10:15-2; Ord. No.
602-2009]
a.
Permits shall only be issued for four-wheel or all-wheel drive vehicles
which have passed inspection by the Motor Vehicle Commission of the
State of New Jersey for the current year or by the equivalent department
or agency of the state in which the vehicle is licensed.
b.
Each vehicle to which a permit is to be issued shall be in good working
order and carry equipment consisting of a tow rope, jack with a board
upon which it may be placed while in use, inflated spare tire, shovel,
fire extinguisher with the necessary material and supplies, supplied
first aid kit and a flashlight.
c.
The applicant shall sign a completed application and by sighing the
application agrees to have the aforementioned required equipment maintained
in their vehicle while it is being operated on the Avalon Beach. The
applicant also agrees to allow spot inspections of their vehicle for
his equipment by the Avalon Police Department while it is being operated
on the beach in Avalon. Failure to maintain the equipment while in
operation on the beach in Avalon may result in a fine.
[2000 Code § 10:15-3; Ord. No.
602-2009]
The fee for a Beach Vehicle Permit shall be $40.
[2000 Code § 10:15-4; Ord. No.
602-2009]
Permits shall be issued for the period from September 15 until
March 31 of the following year or any portion thereof. All such permits
shall expire at midnight, prevailing time, on March 31 following the
date of issuance. Application for renewal shall be made in the same
manner as an original application.
[2000 Code § 10:15-5]
The provisions of this section shall not apply to Borough employees
who may be required to enter upon the beaches in the performance of
their municipal duties or functions or to any governmental agency,
its employees, agents, contractors and subcontractors who may be engaged
in beach restorations or protection work.
[2000 Code § 10:15-5.1; Ord. No.
602-2009]
Upon issuance of a permit, the permittee shall receive a descriptive
decal which shall be affixed to any corner of the rear window of the
vehicle. The permit shall be carried on the vehicle at all times and
made available for inspection to any member of the Police Department
when the vehicle is on the beach or about to enter thereon.
[Ord. No. 602-2009 § 10:15-5.2]
The Borough reserves the right to revoke any beach privileges
granted under this section for any violations of its provisions, or
of other rules and regulations and to retake and impound any permit
which has been improperly used or obtained. Such revocation shall
not preclude the imposition of any other penalties provided for such
violation or entitle the holder of the permit to a refund of all or
any part of the permit fee.
[Ord. No. 602-2009 § 10:15-5.3]
Permittees shall comply with all the rules, regulations and
requirements herein set forth and as shall subsequently be amended
or adopted.
a.
No vehicles with sleeping or eating accommodations shall be issued
a permit or operated on the beach at any time.
b.
No vehicles shall be operated on the beach in Avalon at a speed in
excess of 15 miles per hour.
c.
Vehicles for which permits have been issued shall be permitted on
the beach during the period from September 15 to March 31 and be operated
thereon only by the person to whom the permit was issued.
d.
In all cases where the permit is issued, the location or locations
for entry to and exit from the beaches shall be designated by the
Borough Council. The permitted locations for entry to and exit from
the beach by beach vehicles are 9th Street (if this path is available),
20th Street, 32nd Street, 38th Street, 60th Street, and 79th Street.
e.
Private vehicles are not allowed on the beach between 12:00 midnight
and 6:00 a.m.
f.
No permit issued hereunder shall be construed to authorize the right
to operate a vehicle over private property without the permission
of the owner of the property.
[Ord. No. 602-2009 § 10:15-5.4]
The Borough Council is authorized and empowered to adopt such
other rules, regulations and requirements as it may deem necessary
for the proper control, operation and removal of vehicles on the beach,
including a requirement that such vehicles shall contain equipment
for the purpose as shall be specified in the regulations, also, the
power and authority to change the fee or charge for the permit, the
hours when authorized vehicles shall be permitted on the beach, the
issuance of special permits and the place or places of entry to and
exit from the beach.
[Ord. No. 602-2009 § 10:15-5.5;
New]
[2000 Code § 16:6-1]
shall mean a system containing automatic detecting device(s)
which actuate an alarm signal requiring a response by the Department
of Police and/or the Fire Department.
shall mean specific phone lines as approved by the Chief
of Police.
shall mean a secured, locked device that is located on the
exterior of the premises at or near the main entrance which can be
accessed only by the Avalon Police Department in the event that an
alarm is activated and it is or becomes necessary to gain access to
the premises to investigate the reason for the activation of the alarm.
The security box shall contain keys to provide access to the premises.
The security box shall be of the type that is commonly known as a
"Knox-Box®" or the substantial equivalent
thereof. The type of security box and its precise location shall be
subject to approval by the Chief of Police and the Construction Code
Official.
[2000 Code § 16:6-2]
All fire, police or other alarms in the Borough of Avalon shall
comply with this section.
[2000 Code § 16:6-3]
All installation and service of alarm system shall be performed
by a qualified and licensed alarm installer, subject to approval by
the proper subcode official.
[2000 Code § 16:16-3.1]
Every alarm system hereafter installed, as well as all presently existing alarm systems, shall be equipped with a security box as defined in this section. New alarm systems shall be equipped with a security box at the time of installation. Alarm systems in existence on the effective date of this section shall comply within the time periods set forth in this section. (§10-16 originally adopted by Ordinance No. 179-85 and amended by Ordnance No. 414-96.)
[2000 Code § 16:6-3.2]
The provisions of § 10-16.4 shall not apply to any commercial bank, savings bank, savings and loan or other banking institution licensed or regulated by the United States of America or any of its agencies or by the New Jersey Department of Banking.
[2000 Code § 16:6-4]
No alarm system shall be installed without proper permit, which
shall be secured from the Construction Department. The permit application
shall be completed and include the owner of record, installer and
designated maintenance person.
[2000 Code § 16:6-5]
No automatic protection devices installed after the effective
date of this section shall be keyed to a primary phone line of the
Avalon Police Department, except for designated alarm lines.
[2000 Code § 16:6-6]
Any such alarm to be received by the police communications shall
on an annual basis be serviced and tested once within each calendar
year by a qualified alarm person, approved by the proper subcode official.
[2000 Code § 16:6-7]
Automatic protection devices that utilize voice recordings are
prohibited from being keyed to any primary line at the Borough of
Avalon Police Department, except for designated alarm lines.
[2000 Code § 16:6-8]
Within 120 days from the effective date of this section existing
automatic protection devices in the Borough shall be disconnected
from primary phone lines at the expense of the owner or lessee and
placed on designated lines.
[2000 Code § 16:6-8.1]
Any alarm system installed on or after the effective date of
Ordinance No. 414-1996 shall have a security box installed at the
time of installation. Said security box shall, in all respects, satisfy
the requirements of this section. Alarm systems already in existence
on the effective date of Ordinance No. 414-1996 shall have 120 days
from such date to install a security box satisfying the requirements
of this section.
[2000 Code § 16:6-9]
Automatic protection devices that use the services of intermediaries
(live voice central dispatch) are prohibited from using any primary
line at the Avalon Police Department, except for designated lines.
All persons who desire alarm service from the Avalon Police Department
must make proper application to the proper subcode official and receive
a permit to be connected to the master alarm or designated alarm line.
[2000 Code § 16:6-10]
All owners or lessees shall equip audible alarms with a timing
mechanism that will disengage the audible alarm after a maximum period
of 15 minutes. Audible alarms without such timing mechanism shall
be unlawful in the Borough of Avalon and must be disconnected by the
owner or lessee within 120 days from the effective date of this section.
[2000 Code § 16:6-11]
shall mean any burglary, fire or other alarm causing direct
notification to the Borough of Avalon Police Department through its
master alarm panel and/or designated alarm lines, caused by misuse,
accidental activation, inadvertence, negligence, lack of proper maintenance
or any unintentional act of someone other than an intruder or by malfunctions
of the alarm device or other relevant and related equipment, to which
police and/or firemen respond which is not the result of a fire or
burglary, or attempted burglary.
[2000 Code § 16:6-12]
The Police Department and/or Fire Department shall investigate
all alarms and shall maintain a log as to each owner or lessee and
record therein, the date and time of the alarm, nature thereof, and
department responding.
[2000 Code § 16:6-13]
Any person, corporation, partnership or other entity who owns
or controls a fire, burglary, or other similar alarm or device in
the Borough of Avalon which causes two false alarms in one year following
the first false alarm shall be deemed in violation of the provisions
of this section for each false alarm thereafter.
[2000 Code § 16:6-14]
No person shall conduct any test or demonstration of any alarm
without having first obtained approval from the Avalon Police Department.
[2000 Code § 16:6-15]
a.
False Alarms. Any person, corporation, partnership or entity violating
this section for a first offense (third false alarm in one year) shall
pay a fine of $100; for the second offense (fourth false alarm in
one year) shall pay a fine of $200; for a third offense (fifth false
alarm in one year) shall constitute a mandatory court appearance and
upon conviction a fine of not less than $300 nor more than $500, penalties
for first and second violations may be paid through the Violations
Bureau.
b.
Violation of Regulations. Any person, corporation, partnership or
entity violation any other provision of this section shall, upon conviction,
pay a fine of not less than $200 nor more than $500, or be imprisoned
for not more than 30 days, or both.
c.
Continuing Offense. Upon conviction, a violator shall have seven
days to either remove the alarm or bring it into compliance with this
section. Failure to do so, shall constitute a new and subsequent offense.
[Ord. No. 738-2016 § 3]
Borough Council hereby makes the following finding of fact:
a.
The Borough of Avalon, in conjunction with the Avalon Chamber of
Commerce, instituted a jitney service in the Borough of Avalon which
operates during the summer season and generally between May and September.
b.
The first year of operation was 2013 and such service has continued
each year thereafter.
c.
This jitney service has proven to be most beneficial to the Borough,
its businesses, residents and visitors not only as a public convenience
but such service has had a direct and beneficial impact on the public
health, safety and welfare.
d.
By way of example, in 2013, the first year of operation, the number
of Driving While Intoxicated ("DWI arrests") Arrests declined from
the previous year by 46%. Overall, between 2012 (the year immediately
preceding the start of jitney service) and 2015 the number of DWI
arrests declined by 89.6%.[1] This factor alone indicates that the Borough streets are
safer because of the reduced number of drivers operating motor vehicles
while intoxicated. The Avalon Police Department has stated that there
is a direct correlation between the availability of the jitney service
and the decline in DWI arrests.
[1]
DWI Arrests by year: 2012: 48; 2013: 26; 2014: 18; and 2015:
5.
e.
Each jitney operating in the Borough must accommodate either 13 or
20 passengers; and are regularly inspected and equipped with security
cameras for the safety and convenience of the public passengers and
jitney operators. The fact that the jitneys operate on a fixed route
and schedule, charge fares which are non-premium and regulated by
the Borough and the fact that such service is readily and conveniently
available encourages public use of the jitney service, reduces motor
vehicle operation by impaired drivers, and serves to lessen traffic
congestion in the Avalon Business District thereby alleviating, in
some measure, the demand for parking by patrons visiting restaurants
and other businesses.
f.
The jitneys also benefit the environment because they operate Compressed
Natural Gas Vehicles ("CNG") and are required by Borough Ordinance
to be Zero-Emissions Vehicle ("ZEV") which produces zero exhaust emissions
of all critical pollutants under any and all possible operational
modes and conditions.
g.
For these and other reasons, it is in the interest of the Borough
of Avalon to promote and encourage the continuation of the jitney
services in the Borough and to continue the benefits of such program.
By eliminating the annual license fee per jitney, while continuing
the requirement of an application fee and the practice of Criminal
History Background Checks, the cost of which will continue to be the
sole responsibility of the jitney operator, the Borough hopes and
expects to promote the continuation of the jitney service and all
of the positive benefits derived therefrom while relieving the Avalon
Chamber of Commerce of the responsibility of subsidizing the jitney
operation which has proved to be beneficial to the entire community
at large and to neighboring communities as well.
[Ord. No. 673-2013 § 1; Ord. No. 738-2016 § 3]
As used in this section:
shall mean any motor vehicle fueled with clean-burning compressed
natural gas, gasoline permitted only as a backup fuel source
shall mean an autobus for hire and shall include any motor
vehicle for hire engaged in carrying individual passengers, which
is operated over and upon the streets of the Borough. A jitney shall
be constructed and intended to accommodate 13 passengers on routes
established wholly within the limits of the Borough. A jitney shall
be constructed and intended to accommodate 20 passengers on routes
established within not more than four contiguous municipalities, including
the Borough.
shall mean the individual designated to accept applications
for licenses. For purposes of this section only, "Licensing Clerk"
shall also mean such Borough employee or employees as may, from time
to time, be designated by the Business Administrator to assist or
participate in the administration of this program.
[Ord. No. 738-2016 § 3;
amended 3-13-2019 by Ord. No. 784-2019]
shall mean and include an individual, sole proprietorship,
partnership, limited partnership. corporation, or limited liability
company or other similar legal entity.
[Amended 3-13-2019 by Ord. No. 784-2019]
shall mean and include any street, avenue, land or public
place in the Borough utilized for vehicular jitney traffic.
shall mean any motor vehicle that produces zero exhaust emissions
of all criteria pollutants under any and all possible operational
modes and conditions.
[Ord. No. 673-2013 § 2; Ord. No. 738-2016 § 3; amended 3-13-2019 by Ord. No. 784-2019]
a.
No person
shall operate a jitney within the Borough of Avalon without obtaining
a license issued by the Borough Council in accordance with the provisions
of this chapter upon the recommendation of the Licensing Clerk. The
Borough Council is the issuing authority of all jitney licenses.
b.
A license shall be valid from the date of issue and until the expiration
of the license term (April 30 next). No jitney shall be operated after
the expiration of the existing license unless renewed in accordance
with this chapter. All applications for license renewal shall be made
in writing and filed with the Licensing Clerk.
[Ord. No. 673-2013 § 3; Ord. No. 698-2014 § 1; Ord. No. 738-2016 § 3]
a.
Application Information. An application for a jitney owner-operator's
license shall be filed with the Licensing Clerk upon forms provided
by the Borough for that purpose. The application shall require disclosure
of the following information:
1.
The name, address, and date of birth of the applicant.
(a)
If the applicant is a corporation, its name, address of its
principal place of business and the name and address of its registered
agent must be supplied. In addition, a copy of the Certificate of
Incorporation shall be filed with the application.
(b)
If the applicant is a limited liability company, its name, address
of all members and address of the registered agent shall be submitted
in addition to a copy of the Certificate of Formation of the limited
liability company and a current Operating Agreement.
(c)
If the applicant is a partnership, the same information required
of an individual applicant shall be required for each of the partners.
2.
The applicant will cooperate with an agency authorized by the Borough of Avalon to complete a background check of the applicant in accordance with the provisions of § 10-17.5 of this section, including any history of commission or violation of any criminal or quasi-criminal statutes including, but not limited to, traffic laws and municipal ordinances.
3.
The type of motor vehicle, the name of the manufacturer, the New
Jersey vehicle registration number, vehicle insurance policy particulars,
and a valid New Jersey driver's license of the owner-operator of the
jitney.
4.
Proof that the vehicle must meet all requirements to make it a CNG
or ZEV vehicle, as defined herein.
5.
Proof that the seating capacity of the vehicle, according to its
trade factory rating, is intended to accommodate 13 passengers or
20 passengers, as permitted by N.J.S.A. 48:16-23.
6.
A complete description of the vehicle, both inside and out, including
whether the vehicle has been converted for jitney use and, if so,
the name and place of business of the individual doing the conversion.
7.
The previous experience of the applicant in the transportation of
passengers for hire, including the name of any other state or municipality
where the applicant has ever been licensed, or is currently licensed,
to operate a jitney and whether said license was ever suspended or
revoked or whether an application for the issuance or renewal of a
license was ever denied and the reasons for the denial, suspension
or revocation.
8.
The names and addresses of three individuals who are not members
of the applicant's immediate family, who can verify the applicant's
good character and business and financial responsibility to operate
a jitney.
9.
Any other facts that the applicant believes would have any effect
on the decision to grant or deny the jitney license.
10.
Any other information which the Borough Council may prescribe.
b.
Application to Be Verified by Oath or Affirmation. All applications
shall be verified by oath or affidavit before a notary public or some
other person fully authorized to administer oaths. Applications by
a partnership shall be verified by all partners, applications by a
corporation shall be verified by the President or Vice-President,
and applications by a limited liability company shall be verified
by any member.
c.
Procedure. Once an application is complete and the applicant pays
a nonrefundable application fee in the amount of $10, the Licensing
Clerk shall transmit the completed application to the Chief of Police,
or the approved agency for investigations responsible for the conduct
of investigations for each applicant, to be submitted to the Avalon
Police Department when completed.
[Ord. No. 673-2013 § 4; Ord. No. 698-2014 § 2; Ord. No. 738-2016 § 3]
a.
The holder of a jitney license pursuant to the provisions of this
section shall be responsible for the truthfulness and accuracy of
all matters set forth in the application and for any violation of
the laws of the State of New Jersey or of any other state. Every licensed
driver is the agent, servant and employee of the holder of the license
of the vehicle being operated by said licensed driver.
[Amended 3-13-2019 by Ord. No. 784-2019]
b.
The Chief of Police or his designee, or investigating agency shall
be responsible for the conduct of an investigation into each applicant
for a jitney license hereunder. Initial applicants for a jitney license
shall submit to a fingerprint background check by the investigating
agency. For each of the three years following the initial year that
an applicant obtains a jitney license from the Borough, the Borough
will conduct a computer-based background check of the applicant through
the New Jersey State Police if the applicant applies for another jitney
license from the Borough. For example, an initial applicant in 2014
will be required to undergo a full fingerprint background check. In
2015, 2016 and 2017, the applicant's background check will be conducted
through the State Police through the computer check. In 2018, the
applicant will again undergo a fingerprint background check.
If the applicant is a corporation, limited liability company
or partnership, then the following individuals shall be subject to
a background check:
1.
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
2.
In the event that the applicant is a limited liability company, such
investigation shall include all officers of the limited liability
and, if practical, the members.
3.
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
c.
The investigation shall concern all matters stated in the application
and shall determine whether the applicant for such license has any
criminal record and if so the circumstances of such record including
the date, results of such investigation together with recommendations
by the Chief of Police as to whether such license should be granted
or denied supported by the reason(s) for such recommendation shall
be forwarded to the Licensing Clerk who shall deliver the report to
the Borough Clerk. The Borough Clerk shall in turn make such report
available to the individual members of Borough Council. A copy of
the report shall also be sent to the applicant.
[Ord. No. 673-2013 § 5; Ord. No. 738-2016 § 3]
As a condition of conducting the investigation referred to in § 10-17.4, each applicant, by submitting an application for a jitney license, authorizes the Chief of Police and the Avalon Police Department to release the results of such investigation to the Borough Council, Mayor, Business Administrator, Borough Clerk, Code Enforcement Officer, Borough Solicitor and Licensing Clerk. No such investigation shall be undertaken without such written authorization by the applicant.
[Ord. No. 673-2013 § 6; Ord. No. 680-2013; Ord.
No. 698-2014 § 3; Ord.
No. 738-2016 § 3]
Each person seeking to obtain a license to operate a jitney
in the Borough of Avalon shall submit a valid and current commercial
driver's license ("CDL"), with a Passenger (P) endorsement, issued
by the State of New Jersey Motor Vehicle Commission. If the CDL license
is scheduled to expire prior to the expiration of the jitney license,
the jitney license issued in accordance with this provision will terminate
upon the expiration of the CDL license unless the holder of the CDL
provides proof to the Borough that the CDL license was renewed.
[Ord. No. 673-2013 § 7; Ord. No. 738-2016 § 3]
The Borough Council shall, by resolution, act upon the owner-operator's license application within 30 days of receipt of the investigation report from the Chief of Police. If the Chief of Police recommends granting the license and if the report discloses no reason which would justify denying the license, the Borough Council may proceed to issue the license without a hearing as defined hereafter in § 10-17.9. The applicant shall pay the applicable fees to be collected by the Licensing Clerk upon the issuance of the license to the applicant.
[Ord. No. 673-2013 § 8; Ord. No. 738-2016 § 3]
If the recommendation of the Chief of Police is to deny the
license, or if Borough Council is satisfied that there are reasons
which would justify the denial of the issuance of the license separate
and apart from the recommendation of the Chief of police, or the revocation
of an existing license, the applicant owner-operator shall be granted
a hearing before Borough Council prior to final determination. The
applicant shall receive notification of the date and time for such
hearing which shall be scheduled within 30 days from the denial date
or notice of revocation, and such hearing shall be commenced and concluded
within the immediately succeeding 30 days. If the applicant refuses
the opportunity to appear for a hearing, then Borough Council shall
proceed to grant or deny the license, or revoke an existing license,
in the exercise of its discretion.
[Ord. No. 673-2013 § 9; Ord. No. 738-2016 § 3]
a.
The holder of a jitney license may be permitted to substitute a vehicle
in place of a duly licensed vehicle provided, however, written notice
of substitution of the vehicle shall have first been filed with the
Licensing Clerk and approval given by the Licensing Clerk, which written
notice shall consist of the following:
b.
If such substitution is approved for a vehicle the Borough issued
identification number shall then be identified with the vehicle.
[Ord. No. 673-2013 § 10; Ord. No. 698-2014 § 4; Ord. No. 738-2016 § 3]
a.
License term. The term of a jitney license shall be from May 1 through
April 30 of the following year. A license issued after May 1 shall
be valid for the balance of the license term and the fee for that
term shall not be prorated.
[Amended 3-13-2019 by Ord. No. 784-2019]
c.
Renewal. A renewal jitney license may be issued upon the applicant
completing and filing a renewal application and verifying by oath
or affirmation that there have been no changes in the information
contained in the issuance of the initial application and that they
have continued to comply with all laws of the State of New Jersey
relating to the operation of jitneys and is not in violation of any
provisions of this section. A criminal records check shall be required
of renewals.
[1]
Editor's Note: Former § 10-17.12, Display of Jitney
License Card, as amended, was repealed 3-13-2019 by Ord. No. 784-2019.
[Ord. No. 673-2013 § 12; Ord. No. 738-2016 § 3]
Each motor vehicle operating as a jitney in the Borough of Avalon
shall have permanently affixed a permanent insignia designating such
motor vehicle as a jitney licensed by the Borough of Avalon. The insignia
shall be located on the rear bumper.
[Ord. No. 673-2013 § 13; Ord. No. 738-2016 § 3; amended 3-13-2019 by Ord. No. 784-2019]
Fares to be charged by jitneys shall be fixed by resolution
of Borough Council. Such fares shall be agreed upon by the jitney
operators and the Borough and once agreed upon shall not be changed
in any way without the express consent and approval of the Borough
which shall be expressed through the adoption of a formal resolution
by Borough Council.
[Ord. No. 673-2013 § 1; Ord. No. 738-2016 § 3; amended 3-13-2019 by Ord. No. 784-2019]
a.
The Borough Council shall establish, by resolution, all routes to
be utilized by owner-operators. All owner-operators shall operate
their jitneys on the route designated by Borough Council. In the event
of a detour that prevents the owner-operator from following the designated
route, the owner-operator may take the shortest, safest alternate
route that will permit the owner-operator to resume operating on the
designated route. The designated route or routes shall not be changed
in any way without the express consent and approval of the Borough
which shall be expressed through the adoption of a formal resolution
by Borough Council.
b.
The current designated route is Southbound on Dune Drive, also known
as Second Avenue, and Northbound on Ocean Drive, also known as Third
Avenue.
c.
Nothing contained herein is intended nor shall it be construed as
to prohibit owner-operators from contracting with individual persons
or businesses to provide customized or special transportation services;
provided, however, that any such special contract or arrangement shall
not interfere with the service to be provided on the designated routes
and schedule.
[Ord. No. 673-2013 § 15; Ord. No. 698-2014 § 5; Ord. No. 738-2016 § 3]
a.
Insurance. As a condition for the issuance of a license hereunder,
the applicant for a jitney license shall, in accordance with the provisions
of N.J.S.A. 48:16-24, file with the Borough Clerk a valid certificate
of liability insurance (ACORD sheet) attesting that the person and/or
owner-operator is insured under a policy of comprehensive, general
liability insurance. The limits of said insurance shall be not less
than $300,000 per occurrence, or such greater amount as may be required
by law, against loss from the liability imposed by law upon the jitney
owner for damages on account of bodily injury or death suffered by
any person as a result of an accident occurring by reason of the ownership,
maintenance, or use of such jitney upon the public streets of the
Borough, and such consent shall continue effective and such operation
be permitted only so long as such insurance to the full and collectible
amount shall remain in force, during the entire term of the policy.
Such insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance,
and use of such autobus or any fault in respect thereto and shall
be for the benefit of any person suffering loss, damage or injury
as aforesaid. The certificate of liability insurance (ACORD sheet),
or an accompanying document, shall be submitted with the license application
and shall obligate the liability insurer to notify the Borough Clerk
and Business Administrator of the Borough of Avalon if any change
occurs in the policy or if the policy is terminated or canceled for
any reason.
b.
Power of Attorney. In accordance with the provisions of N.J.S.A.
48:16-24, each owner-operator shall execute and deliver to the Borough's
Chief Financial Officer concurrently with the filing of the policy
referred to above, a power of attorney wherein and whereby the said
owner-operator shall nominate, constitute and appoint the Chief Financial
Officer as the owner-operator's 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.
[Ord. No. 673-2013 § 16; Ord. No. 738-2016 § 3]
a.
Any license issued hereunder may be revoked or suspended or any application
for renewal may be denied for cause. Cause shall be deemed to be any
reason set forth in the Code of the Borough of Avalon for the suspension
or revocation of any licenses as well as for any one or more of the
following reasons:
1.
Failure
to provide complete and truthful information on the application for
a jitney license or on any documentation or information required to
be provided as part of the license application process;
2.
Failure
to maintain liability insurance required by this section
3.
Failure
to comply with the motor vehicle laws of the State of New Jersey;
4.
Failure
to comply with the ordinances of the Borough of Avalon;
5.
Suspension
or revocation of the applicant's driving privileges in the State of
New Jersey;
6.
Operating
a jitney in a reckless or grossly negligent manner within the Borough
of Avalon or habitually operating a jitney in a negligent manner within
the Borough of Avalon;
7.
Violation
of the criminal laws of the State of New Jersey, other states and
federal laws.
b.
Before taking any such action to revoke or suspend a license or deny an application for renewal, the applicant, license holder, licensee or other responsible party in interest shall be notified in writing of the reasons for the revocation, suspension or denial of renewal and is entitled to a hearing before Borough Council in accordance with the provisions of § 10-17.9. Notice of revocation or suspension shall be provided by personal service or by certified mail, return receipt requested, sent to the address in the licensee's application or such other address as may be provided by the licensee.
[Amended 3-13-2019 by Ord. No. 784-2019]
[Ord. No. 673-2013 § 17; Ord. No. 738-2016 § 3]
a.
Licensees. The following rules and regulations shall be applicable
to all licensees:
1.
Driver's License Requirement. No license to own or operate any jitney
shall be granted to any person who is not a licensed driver in the
State of New Jersey, or any other State of the United States.
2.
Conviction of a crime. Where a licensee has been convicted of a crime
in any city, county, state or federal court, in this state, or any
other state, then, upon conviction, the Licensing Clerk shall recommend
to Borough Council that such license be revoked or suspended. Upon
notice of such conviction, Borough Council shall then schedule a hearing,
on notice to the licensee, in accordance with the procedure established
in § 10-17.17g of this chapter.
[Amended 3-13-2019 by Ord. No. 784-2019]
3.
Misconduct. The Licensing Clerk, the Chief of Police and the Enforcement
Official, or their designee, shall take official cognizance of any
and all misconduct, deceit, fraud, subterfuge or actions of any jitney
licensee which are against the best interest of the public or the
jitney industry itself, regardless of whether or not such actions
are specifically covered in this section. It shall also be the direct
responsibility of all departments to bring such actions to the notice
of the Borough Chief of Police and the Borough Code Enforcement Official.
[Amended 3-13-2019 by Ord. No. 784-2019]
4.
Transfer of License. It shall be unlawful for the holder of any license
issued under this section to transfer the license to any person.
5.
False Statements. It shall be unlawful for any person making application
for any license or identification card to willfully make any false
statement as to any of the matters required to be stated in such application.
False statements are grounds to deny or revoke a license.
6.
Passengers.
(a)
It shall be unlawful to drive or operate any jitney while that
jitney is carrying more than 13 passengers or more than 20 passengers,
as applicable, in accordance with N.J.S.A. 48:16-23. Each passenger
must be seated while the jitney is in motion. Passengers must be treated
with courtesy and respect; repeated complaints against owner-operators
will be grounds for disciplinary action initiated by the Code Enforcement
Officer or the Avalon Police Department. For purposes of this section,
children in arms shall not be considered as passengers.
(b)
It shall be unlawful for the owner-operator of any jitney to
bypass any prospective customer when there is space available on the
jitney. Any complaints concerning the bypassing of a prospective customer
by a jitney owner-operator shall be processed and handled by the Avalon
Police Department or the Code Enforcement Official.
[Amended 3-13-2019 by Ord. No. 784-2019]
7.
Additional Rules and Regulations. Borough Council may also establish
by resolution such additional rules and regulations as it may be deemed
necessary to further the purposes of this ordinance.
b.
Operation of Jitneys. The following rules shall apply to the operation
of jitneys:
1.
There shall be no smoking on jitneys.
2.
Only licensed jitney owner-operators can drive an authorized vehicle.
3.
Only a licensed jitney can be used on a prescribed jitney route.
4.
Unsanitary, inadequate, unclean, or unsafe jitneys will not be permitted
to operate.
5.
It shall be illegal to use profanity or engage in physical violence
either on jitneys or in areas on or near jitney stops.
6.
All accidents must be reported to the Avalon Police Department as
soon as possible after the occurrence.
7.
Jitney owner-operators must notify the Licensing Clerk in accordance with § 10-17.10 when a change of license number or registration number occurs.
9.
It shall be unlawful for any person operating a jitney for hire to
drink intoxicating liquors or be under the influence of drugs of any
kind while engaged in transporting passengers.
10.
Drivers must be neat and clean at all times. No shirts without
collars are permitted. Bare feet are prohibited. Exterior tops and
bottoms must be worn.
11.
If a jitney breaks down and is unable to continue, passengers
must be refunded their fares in full.
12.
It shall be unlawful for any jitney to stop for the purpose
of receiving or discharging passengers within 10 feet from the intersection
of streets.
13.
Each jitney shall be equipped with an operational security camera
which shall be in use at all times during jitney operation. The security
camera tape or other recording device shall be made available to the
Avalon Police Department or other law enforcement agency, upon request.
[Ord. No. 738-2016 § 3]
[Ord. No. 673-2013 § 18; Ord. No. 738-2016 § 3]
The Enforcement Official shall mean and include any of the following:
[Added 3-13-2019 by Ord.
No. 784]
Borough Council may, by resolution, make rules and regulations
which interpret or amplify any provision of this section, for the
purpose of administering the provisions of this chapter or making
them more effective.
[Ord. No. 527-04; Res. No. 57-2005]
a.
The placement of newspaper vending machines, newsracks or honor boxes
on the public rights-of-way or other Borough property within the Borough
of Avalon shall be permitted only at the following locations, with
a maximum of four per corner.
|
Location
|
Number of Boxes
|
|---|---|
|
7th and Ocean Dr., NE corner
|
4
|
|
8th and Ocean Dr., NW, NE corners
|
8
|
|
14th and Ocean Dr., SE corner
|
4
|
|
21st and Boardwalk, NE corner
|
4
|
|
21st and Dune Dr., NW, SE corners
|
8
|
|
22nd and Dune Dr., NE corner
|
4
|
|
23rd and Dune Dr., SE, SW
|
8
|
|
24th and Dune Dr., SE corner
|
2
|
|
25th and Dune Dr., SE, SW, NW corners
|
12
|
|
27th and Dune Dr., SE, SW, NW, NE corners
|
16
|
|
28th and Dune Dr., NW corner
|
4
|
|
29th and Dune Dr., NE corner
|
4
|
|
29th and Boardwalk, NW corner
|
4
|
|
30th and Avalon, SE corner
|
4
|
|
31st and Dune Dr., NE, SE corners
|
8
|
|
32nd and Dune Dr., NE, NW corners
|
8
|
|
33rd and Dune Dr., NE, NW, SW corners
|
12
|
|
39th and Dune Dr., SW corner
|
4
|
|
40th and Dune Dr., NW
|
4
|
|
42nd and Ocean Dr., NE corner
|
4
|
|
49th and Dune Dr., NW corner
|
4
|
|
50th and Ocean Dr., SE corner
|
2
|
|
54th and Ocean Dr., SE corner
|
2
|
|
68th and Ocean Dr., NW corner
|
4
|
|
71st and Dune Dr., SW corner
|
4
|
|
78th and Dune Dr., SW corner
|
4
|
|
79th and Dune Dr., SW corner
|
4
|
|
80th and Dune Dr., NE corner
|
4
|
Note: With respect to the Dune Drive locations,
newspaper vending machines, newsracks or honor boxes may be placed
not less than 20 feet and not more than 30 feet from the intersection
of Dune Drive and the side street. For purposes of measurement, at
those Dune Drive intersections at which there are bump outs for parking,
the twenty-foot distance shall begin 39 feet from the projected intersection
of the curbline of the side street curbline of the street with the
curbline of the Dune Drive bump out so that they will be set back
at least 20 feet extended mid-block curbline of the Dune Drive parking
areas. At those Dune Drive intersections at which there are not bump
outs for parking those distances shall be measured from the intersection
of the curbline of the side street with the curbline of Dune Drive
so that they will be set back at least 20, but not more than 30, feet
from the curbline in front of the parking areas along Dune Drive.
b.
It shall be unlawful for any person, firm, corporation, association,
partnership, joint venture, trust or other form of business association
or business entity including any agent, servant or employee of any
such person or entity to place or locate a newspaper vending machine,
newsrack or honor box on the public rights-of-way or other Borough
property within the Borough of Avalon which violates any of the following:
1.
A newspaper vending machine, newsrack or honor box shall not be used
or maintained which projects onto, into or over any part of the roadway
or any public street.
2.
A newspaper vending machine, newsrack or honor box shall not be permitted
to rest upon, in or over any public sidewalk when such installation,
use or maintenance:
(a)
Endangers the safety of persons or property; or
(b)
Interferes with or impedes the flow of pedestrian or vehicular
traffic, including any legally parked or stopped vehicle; or
(c)
Interfere with the ingress or egress from any residence or places
of business; or
(d)
Interferes with the use of traffic signs or signals, hydrants
or mailboxes permitted at or near said location.
[Ord. No. 527-04]
The chaining or securing of newspaper vending machines or newsracks
to public property is hereby prohibited. For purposes of this section,
public property is defined as all public buildings and structures
owned by the Borough, street signs, stop signs, trash receptacles,
utility poles and other similar devices.
[Ord. No. 527-04; Res. No. 57-2005]
Any newsrack which in whole or in part rests upon or over any
public sidewalk shall comply with the following standards:
a.
Each newsrack shall be equipped with a coin return mechanism to permit
a person using the newsrack to secure an immediate refund in the event
he is unable to receive the publication paid for. The coin return
mechanism shall be maintained in good working order;
b.
Each newsrack shall have affixed to it, in a readily visible place
so as to be seen by anyone using it, a notice setting forth the name
and address of the owner and distributor or other applicable number
to call to report a malfunction or to secure a refund in the event
of a malfunction of the coin return mechanism; and
c.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times, Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
1.
It is reasonably free of chipped, faded, peeled and cracked paint
in the visible painted areas thereof;
2.
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
3.
The clear plastic or glass parts hereof, if any through which the
publications therein are viewed, are unbroken and reasonably free
of cracks, dents, blemishes and discolorations; and
4.
The paper or cardboard parts of inserts thereof, if any, are reasonably
free of tears, peeling or fading.
d.
Newspaper vending machines, newsracks or honor boxes shall not be permitted to be placed on Borough property or in the Borough right-of-way prior to March 15 and shall be removed no later than October 31 of each year. Each registered newspaper vending machine, newsrack or honor box must be placed at its registered location no later than June 30 of each year. Any newspaper vending machine, newsrack or honor box not removed by October 31 shall be such to impoundment by the Borough and the owner of the newspaper vending machine, newsrack or honor box shall be subject to a fine as provided in Chapter 1, §1-5.
[Ord. No. 527-04; Res.
No. 57-2005]
a.
Registration. Each newspaper vending machine, newsrack or honor box
shall be registered through the office of the Borough Clerk. Such
registration shall be in writing and on the approved form to be provided
by the Borough Clerk. The following information shall be given:
1.
Name of owner of newsrack.
2.
Address of owner of newsrack.
3.
Name of registrant if different from owner.
4.
Address of registrant if different from owner.
5.
The specific location of the newsrack by street number, address or
by corner identification, e.g., N.W. corner of 25th Street and Dune
Drive.
b.
All applications for placement of newspaper vending machines, newsracks
or honor boxes shall be submitted no later than March 1 of each year.
c.
An annual registration fee of $25 shall be paid to the Borough by
any individual, corporation, partnership, limited liability company,
limited liability partnership, or other legal entity who places newspaper
vending machines, newsracks or honor boxes on Borough property or
in a Borough right-of-way. In addition, an annual fee in the amount
of $10 shall be paid by any individual, corporation, partnership,
limited liability company, limited liability partnership, or other
legal entity for each newspaper vending machine, newsrack or honor
box placed on Borough property or in a Borough right-of-way.
[Ord. No. 527-04]
The installation of all newspaper vending machines, newsracks
or honor boxes shall be accomplished by the owner or his agent and
installed in accordance with a uniform specification to be supplied
by the Borough of Avalon.
[Ord. No. 527-04]
The Borough Council reserves the right to adopt rules and regulations
for the enforcement of this section. Such rules and regulations shall
be adopted by resolution of the Borough Council.
[Added 1-11-2023 by Ord. No. 854-2023]
This section shall be known as the "Compulsory Liability Insurance
and Business Registration Ordinance."
a.
On June 29, 2022, the Legislature passed S-1368 which was signed
by the Governor on August 5, 2022, as P.L. 2022, c. 92. This supplements
Title 40A pertaining to municipalities. This legislation requires
all business owners and rental unit owners to maintain certain liability
insurance policies with designated limits of coverage as follows:
1.
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.
b.
The Landlord Registration Act (N.J.S.A. 46:8-27 to 46:8-37) requires
that the owners of certain rental properties or units register those
properties or units with the Municipal Clerk or the Clerk's designee
and provide certain required information as specified in the statute.
c.
The Borough also requires, and has required since 1988, the annual registration, inspection, and licensing of all rental properties, and this includes one- and two-family owner-occupied properties pursuant to Chapter 22 of the Borough Code. The Borough rental license application requires disclosure of the very same information required by the state pursuant to the Landlord Registration Act, N.J.S.A. 46:8-27 to 46:8-37. Thus, the annual municipal registration also serves the dual purpose of fulfilling the requirements of Chapter 22 of the Borough Code as well as the requirements imposed on landlords for those properties subject to the Landlord Registration Act. The Borough rental license application requires, among other things, the following:
1.
Each property containing one or more rental units must, in addition,
be registered in accordance with the Landlord Registration Act, N.J.S.A.
46:8-27 to 46:8-37, as follows:
(a)
Owner-occupied one- or two-rental units: No registration is required under state law (NOTE: N.J.S.A. 46:8-27 to 46:8-37). Such units must, however, be registered, licensed and inspected under Chapter 22 of the Avalon Borough Code on an annual basis.
(b)
Non-owner-occupied one- or two-rental units must be registered
with the Municipal Clerk or designee and, in addition, must be registered,
licensed, and inspected by the Borough on an annual basis.
(c)
Properties containing three or more rental units must be registered with the State of New Jersey. All such rental units must also be licensed by the Borough and shall comply with the provisions of Chapter 22 of the Borough Code. In addition, and without limiting the foregoing, and pursuant to P.L. 2022, c. 92, 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 required by such Act as hereinafter provided.
d.
Currently, the Borough also enforces, through the Bureau of Fire
Prevention, the Uniform Fire Safety Act,[1] and the codes and regulations adopted under it, in all buildings, structures and premises within the established boundaries of the Borough of Avalon other than owner-occupied one- and two-family dwellings in accordance with Chapter 21, § 21-1.5, of the Borough Code and conducts inspections upon the sale of property, including one- and two-family dwellings, prior to settlement for the purpose of determining compliance with the Uniform Fire Safety Act pursuant to Chapter 21, § 21-1.7 of the Borough Code. (Owner-occupied one- and two-family dwellings are inspected and licensed under the licensing provisions of Chapter 22 of the Borough Code.)
[1]
Editor's Note: See N.J.S.A. 52:27d-192 et seq.
e.
In addition to those inspections under paragraphs c and d hereof, the Borough conducts other property inspections on both a periodic and nonscheduled basis to determine compliance with Chapter 19 (Flood Damage Prevention); Chapter 20 (Building and Construction); Chapter 26 (Subdivision and Site Plan Review); and Chapter 27 (Zoning), among others.
f.
The Borough does not have a mercantile license ordinance which would
require the registration and licensing of all businesses and commercial
enterprises, although some commercial activities are required to obtain
a municipal license and pay an annual license fee. These include,
by way of example, the sale and consumption of alcoholic beverages,
ice cream trucks, jitneys, taxicabs, and some other businesses.
g.
Since state law now mandates that all business owners and owners
of rental unit(s) must carry liability insurance with minimum coverage
limits as specified in P.L. 2022, c. 92 ("Act"), and requires such
owners to file a certificate of insurance with the municipality where
such business or unit is located, the Borough will be required to
establish a central registry for filing and maintaining such information
and for enforcement purposes. And since the Legislature failed to
define the term "business" in the Act, and since the Act provides
for no exclusions of any type of business or profession, including
those which are licensed and regulated by the state, the Borough must
assume the Legislature intended to include all businesses, trades,
occupations, and professions and to require all such to file a certificate
of insurance coverage with the municipality demonstrating coverage
in the required minimum limits. Had the Legislature intended to exclude
any business or profession, it could easily have done so. Since the
Legislature did not do so, the omission must be presumed to have been
intentional. Furthermore, there are many businesses, particularly
building contractors and subcontractors, who do not maintain a place
of business within the Borough but nonetheless transact significant
business activity within the Borough in the demolition, construction,
alteration, improvement, and maintenance of properties within the
Borough. Other businesses operating within the Borough without a physical
location or place of business therein include craftsmen, trade professions,
and other service providers. The Borough concludes that the intent
of the Legislature is to require such businesses to comply with the
Act.
h.
In order for the Borough to comply with the provisions of this new
legislation (P.L. 2022, c. 92), it is necessary for the Borough to
establish a central registry of all businesses and commercial enterprises
operating or conducting business within the Borough and require all
such businesses and commercial enterprises to register with the Borough
as herein provided. The creation of such a central registry will result
in the listing of all businesses, commercial enterprises, and all
rental units in a unified central registry that will aid the Borough
in enforcement of its ordinances and facilitate compliance with applicable
state laws. It will also allow for the merger of existing specialized
registers into a single, unified central registry which can be used
for multiple purposes and which is in the public interest. The proposed
central registry will also provide the Borough with a comprehensive
system that will integrate the listing of all businesses to include
both those that require a municipal license and those which do not
together with all rental properties which are licensed by the Borough.
This central registry will also provide a mechanism for the Borough
to monitor registrations for compliance and enforcement purposes.
i.
The Act further provides that a municipality may impose an administrative fee for services involved in the receipt, filing, and indexing of certificates of liability insurance, and the administrative and enforcement measures associated therewith. In full recognition of the financial hardship suffered by businesses due to the mandated closings caused by the COVID-19 pandemic and the lingering hardships associated therewith, it is the intent of the Borough Council to exempt from the payment of any fee imposed by this section any business or commercial enterprise that currently pays a license fee to the Borough or which pays an inspection fee either annually or on some other periodic basis. Only those businesses that are not licensed by the Borough, or which do not pay any other inspection fee to the Borough, shall be subject to the administrative fee imposed hereunder, except as may otherwise be specifically provided herein. Cross reference § 10-19.5c. [NOTE: Resolution No. 177-9-1998, approved September 9, 1998, adopted pursuant to Ordinance Nos. 426-1997 (Rental Properties) and 386-1994 (Fire Protection Program), established a fee of $65 for all commercial/business inspections. That fee has remained unchanged since 1998 and is continued under this section.]
a.
For purposes of this chapter and section, the term "business and
commercial enterprise" shall mean:
1.
"Business" shall mean each and every commercial activity of any nature
whatever involving an occupation, trade, or profession, including
the sale or exchange of property, real and personal, goods, merchandise,
and services. It shall include restaurants and food service establishments
including those licensed for the sale and consumption of alcoholic
beverages. It shall mean and include any and all services which may
be transacted either on premises or at a remote location including
the delivery of any goods, products, merchandise, or food.
(a)
The term shall include not only those businesses operating from
a physical location within the Borough but also those that transact
business within the Borough and with a place of business located outside
the Borough.
(b)
The term shall include building contractors and subcontractors,
licensed plumbers, licensed electricians, landscape contractors, property
maintenance contractors, home improvement contractors, repair services,
and other craftsmen, whether or not they maintain an office or place
of business within the Borough, shall be subject to municipal registration
if they construct or alter any building or structure within the Borough,
or install, service, or repair any product or perform any service,
or otherwise operate within the geographical boundaries of the Borough.
Such entities shall also file required certificates of insurance with
the Borough on an annual basis in accordance with this chapter as
herein provided.
(c)
The term shall also include those businesses which are licensed
by the state and which maintain either a principal or satellite office
within the Borough, including professions such as lawyers, accountants,
insurance professionals, real estate offices, title insurance agencies
and all such similar type businesses.
(d)
Vendors, contractors, or other businesses that do business directly with the Borough within the context of a contract or other mutual agreement shall be exempt from the insurance administrative fee but shall not be exempt from the business registration requirement. Such businesses shall nonetheless comply with the liability insurance requirements specified in the contract. Cross reference § 10-19.5.
(e)
Exceptions. The term "business" shall not include any of the
following:
(1)
Delivery services such as Federal Express and United Parcel
Services and similar type delivery or messenger services without a
place of business within the Borough.
(2)
Common carriers engaged in the transportation of passengers
and under the jurisdiction of the New Jersey Board of Public Utilities.
(3)
Wholesale distribution services or trucking companies making
deliveries to local businesses or residences.
(4)
Public utility companies including mobile phone carriers.
(5)
Any mail order business or online business unless such business
has a physical business location within the Borough.
(6)
A transportation network company as defined in N.J.S.A. 39:5H-1 et seq., and Avalon Borough Code § 10-14.1.
(7)
The federal government and any of its agencies.
(f)
Any commercial enterprise or activity which is not explicitly
exempted shall be included and subject to the provisions of this chapter.
a.
Each business operating in the Borough of Avalon shall be required
to register such business with the Borough commencing May 1, 2023,
and on or before May 1 annually thereafter. New businesses or commercial
activities started on or after May 1, 2023, shall register the same
in accordance with this chapter prior to commencing any business or
commercial activity. Such registration shall be made on forms provided
by the Borough.
b.
Owners of one or more rental units shall cause same to be registered, inspected, and licensed in accordance with the requirements of Chapter 22 of the Borough Code, and such annual registration of rental units shall conform to the requirements of said chapter.
c.
Whenever a change occurs in the ownership, location, type of business
activity, type of business entity or other similar type change after
registration with the Borough, such change shall be reported by way
of an amended registration to be filed not later than 30 days after
such change occurs.
a.
Business registration. No fee shall be charged for the registration
of any business except that any business currently paying a license
fee to the Borough under any licensing requirement of the Borough
shall continue to do so.
b.
Insurance registration; fee; amendment. Every business and commercial
enterprise operating or conducting any business or providing any services
within the Borough shall, at the time of filing the insurance certification,
pay an administrative fee to the Borough of $65. This applies to all
businesses operating or conducting business within the Borough and
without regard as to whether such business has an actual business
location within the Borough. This fee may hereafter be modified by
resolution of Borough Council.
c.
Exception to administrative fee.
1.
Any business which currently is licensed by the Borough shall be
exempt from the fee imposed under paragraph b hereof. This shall include
by way of example rental properties, establishments licensed for the
sale or consumption of alcoholic beverages, jitneys, and taxicabs.
2.
Any business which is not currently required to be licensed but which
is subject to inspections either annually or otherwise shall be exempt
from the fee imposed under paragraph b hereof. This shall include
by way of example those businesses which, while not required to be
licensed by the Borough, are subject to inspections on a periodic
basis and which pay an inspection fee on either an annual basis or
otherwise.
The owner of any business or rental unit(s) who/which fails
to register same in accordance with the requirements of this chapter
shall be subject to the following:
a.
On the initial failure to register, a written warning letter shall
issue to the owner, which shall inform the owner of the duty to register
and afford the owner 30 calendar days within which to do so. If the
owner complies, there shall be no further enforcement action.
b.
If the owner thereafter fails, neglects, or refuses to register the business, or rental unit(s), such business shall not thereafter be operated nor shall the rental units be leased or occupied until such time as the owner complies with this chapter and section. Should the owner operate the business after the initial warning and without registering the business, or should the owner lease or permit the occupancy of any unregistered rental unit in violation of the chapter and section, such owner shall be subject to the penalty provisions set forth in § 1-5 et seq. (General Penalty) of this Code. With respect to the leasing and occupancy of any rental unit, the owner shall also comply with the provisions and requirements of Chapter 22 of this Code. The failure to file a certificate of liability insurance with required coverage limits (as distinguished from the failure to register a business or commercial activity) shall be punishable in accordance with § 10-19.9.
To comply with the Act (P.L. 2022, c. 92) which amends and supplements
Title 40A of the New Jersey Statutes pertaining to municipalities:
a.
The owner of a business or the owner of a rental unit or units shall
maintain liability insurance for negligent acts and omissions in an
amount of no less than $500,000 for combined property damage and bodily
injury to or death of one or more persons in any one accident or occurrence.
b.
The owner of a business which is either located within or which conducts business within the Borough of Avalon, unless exempt pursuant to § 10-19.4 hereof, shall annually register the certificate of insurance demonstrating compliance with paragraph a hereof with the Borough Bureau of Licenses.
c.
The owner of a rental unit or units shall file the required certificate of liability insurance with the Borough in conjunction with the annual licensing of the rental unit(s) in accordance with the requirements of Chapter 22 of the Borough Code.
d.
Whenever the Borough has a licensing procedure in place for any business
or commercial activity which requires higher limits of liability insurance
coverage than the minimum limits set forth in paragraph a above, the
higher limits established by the Borough shall take precedence and
shall govern and control.
a.
In accordance with P.L. 2022, c. 92, Section 2b, and except as otherwise
stated, the Borough shall establish a reasonable administrative fee
for the receipt of the certificates of liability insurance and the
registering and indexing of same. Such fee shall be established from
time to time by resolution of Borough Council, provided, however,
that the initial administrative fee shall be $65 and shall remain
at such amount until modified by resolution.
b.
Exception. The administrative fee established herein shall not apply
to:
1.
Any business, trade, or profession which is licensed and regulated
by the State of New Jersey which imposes a state license fee;
2.
Any business or commercial enterprise or any rental unit(s) which
are already licensed by the Borough under any licensing ordinance
which imposes a municipal license fee (such as rental units, ice cream
trucks, jitneys, and other commercial activities that are licensed
by the Borough);
c.
The municipal license fee for any business or activity licensed by
the Borough shall be deemed to include the administrative fee for
receipt and indexing of the required evidence of liability insurance
under P.L. 2022, c. 92.
In accordance with P.L. 2022, c. 92, Section 2b, the Borough
may collect, through a summary proceeding pursuant to the "Penalty
Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et
seq.), a fine of not less than $500 but no more than $5,000 against
an owner who fails to comply with the provisions of this act (P.L.
2022, c. 92).
a.
Administration of this requirement shall be assigned to the Bureau
of Licenses, in the Division of Construction Code Enforcement in the
Department of Administration.
