Editor's Note: See Chapter 12, Health Regulations and Licensing, for licenses requiring approval of the Department of Health.
[1999 Code § 5.40.010]
As used in this section:
- ACTUAL AND BONA FIDE EXHIBITION AND/OR SALE (as used in the definitions "TRANSIENT MERCHANT" or "ITINERANT VENDOR" and "NEW BUSINESS")
- Means the operation of the business at a building, structure, site or other premises, containing a sign or other designation of the business located therein, stock-in-trade available for immediate sale, furnishings and equipment for the usual and ordinary conduct of business and being open at regular intervals for the transaction of business.
- CHIEF
- Means the Chief of the Edison Division of Police.
- DAYS
- Means business days of the Township.
- DIRECTOR
- Means the Director of the Department of Public Safety.
- PEDDLER
- Means a person, commonly referred to either as a "peddler" or "hawker," who goes from place to place by traveling on the streets or from house to house and carries with him or her goods, wares and merchandise and any other commodity for the purpose of selling and delivering them to consumers. Included in the foregoing definition are order takers, purveyors of subscriptions for newspapers, periodicals, magazines, books and the like and any and all other such persons who seek sales or orders for services, goods, chattels or merchandise of any kind or description covering those peddlers that are commonly known as "door-to-door solicitors."
- PERSON
- Means an individual, firm, partnership, corporation, voluntary association, incorporated association and principal or agent thereof.
- SOLICITOR or CANVASSER
- Means a person, whether a resident of the Township or not, traveling either by foot, wagon, automobile, motortruck 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 the sale of books, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or perform 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. The term "solicitor" shall also include any person who may be taking a poll or a survey for commercial purposes from house to house or on the streets.
- SUPERVISOR
- Means the Supervisor of Licenses and Permits of the Township.
- TRANSIENT MERCHANT or ITINERANT VENDOR
- Means a person who engages in the merchandising business in the Township with intent to close out or discontinue such business within a period of one (1) year from the date of commencement, and, for that purpose, hires, leases or occupies any building, structure, room, tent, lot, railroad car or any other premises for the actual and bona fide exhibition and/or sale of such goods, wares and merchandise and other commodities.
- TRANSIENT MERCHANT-PEDDLER
- Means a person who engages in the business of a transient merchant or itinerant vendor and, in pursuance thereof, becomes a peddler or hires a peddler as defined herein.
- WITH INTENT TO CLOSE OUT OR DISCONTINUE SUCH BUSINESS
- Means the operation of the business at one address; but the removal of a business from one address to another shall not be deemed to be the closing out of the business; and the opening of a new business shall not be considered to mean the continuance of the same enterprise at another address.
[1999 Code § 5.40.020]
The purpose of this section is to:
[1999 Code § 5.40.030; Ord. No.
O.2009-2018]
a.
It is unlawful for any peddler, transient merchant, transient merchant
peddler, merchant peddler, canvasser, door-to-door solicitor, as hereinbefore
defined, or the persons owning, managing or operating a new business
to sell or offer for sale or dispose of any goods, wares, merchandise
or other commodities, or a service within the Township, without first
having obtained a license, as described hereinafter, for identification
purposes and without complying with the other provisions of this section
in the case of new businesses.
b.
The license shall be of a kind known as an identification badge with
a provision for the insertion of a photograph one and one-half by
two (1 1/2 x 2) inches in size. Two (2) photographs of this size
shall be provided by the applicant-licensee, and there shall be a
deposit of two ($2.00) dollars to cover the cost of this badge, which
deposit shall be returned upon the return of the badge and forfeited,
if the badge is not returned.
c.
There shall be an investigation fee paid to the Township prior to
the issuance of the license to cover the cost of an investigation
of the applicant by the Police Department, to ascertain the honesty
and reliability of the applicant. Fingerprinting may be required as
an investigative tool, however, if the applicant provides proof that
his or her fingerprints are currently on file with any other municipality
in the State, or if in the alternative the applicant has appropriate
documented proof of a fingerprint clearance in another municipality,
no more than thirty (30) days prior to the application in the Township,
then that shall suffice as fingerprint clearance, provided that the
clearance has been verified through the State Police and the Federal
Bureau of Investigation.
d.
The maximum waiting period to complete the investigative procedures
for any applicant shall be seven (7) days from the date of the application.
In instances of a renewal of a license, or where the applicant has
a fingerprint clearance dated not more than thirty (30) days prior
to the application, the waiting period shall be a maximum of twenty-four
(24) hours.
e.
The applicant shall present, at the time of his or her application,
in addition to the photograph required for his or her identification
badge, a written statement relating to his or her past history of
arrests or convictions anywhere in the United States. All of the time
periods mentioned in this section shall not commence until the photograph
and the history of arrests and convictions, as well as the completion
of the application, are in the hands of the Township.
f.
Any person holding a peddler's or solicitor's license issued by the
Chief of Police under the authority of this article, or by the Clerk
of the County of Middlesex under the authority of N.J.S.A. 45:24-10,
shall be required to wear the identification badge on the lapel or
somewhere on the chest of the outermost garment being worn by such
solicitor at all times that he or she is conducting his business from
door to door within the corporate limits of the Township. The licensee
shall produce such license at the request of any official of the Township
or at the request of any person with whom he/she wishes to conduct
business.
g.
Each licensee shall restrict his/her peddling or soliciting activities
within the Township to the hours between 10:00 a.m. and 7:00 p.m.
from April 15 to October 15 and 10:00 a.m. to 5:00 p.m. from October
16 to April 14, prevailing time, on Mondays through Saturdays and
shall notify the police officer on duty at least once in every week
in which he/she plans to conduct his/her activities. Such notification
shall include a statement of the general area of the Township in which
the licensee intends to conduct such activities and a schedule of
dates and times when such activities shall be conducted. The licensee
shall notify the police officer on duty of any change in area or in
dates or times should such changes be made during the week.
h.
Where an applicant has previously been licensed pursuant to this
section, the investigation fee in paragraph c above may be waived
in the discretion of the Chief who must then make a determination
that the applicant is bona fide. Upon making such a determination
the Chief shall approve the application and notify the Supervisor.
[1999 Code § 5.40.040]
The following persons are exempt from the payment of a license
fee, badge requirements and, in the discretion of the Chief, the investigation
procedures, upon compliance with all other provisions of this section
and submission of applicable identification and documents to support
their claim to exemption:
a.
Any charitable or religious organization or society, which is recognized
as tax exempt under the United States Internal Revenue Code, that
shall conduct sales of personal property where the proceeds thereof
shall be applied to the payment of the expenses thereof and to the
charitable or religious object for which the society exists. Satisfactory
proof of such tax exemption must be provided by the applicant;
b.
Any person honorably discharged from the military services of the
United States, possessing a peddler's license issued in conformity
with N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10;
c.
Any person who is an exempt fireman of a volunteer fire department
as defined by N.J.S.A. 45:24-9 and N.J.S.A. 45:24-10, possessing a
license in conformity with said law;
d.
Any public utility or its employees, which said public utility is
subject to regulation by the State Board of Public Utility Commissioners;
provided, however, that such employees shall display the identification
badge or card issued by their employer;
e.
Any person selling fruits and farm products grown by himself or herself,
with or without the help of others;
f.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things, in the regular course of business, to
the premises of persons who had previously ordered the same or were
entitled to receive the same by reason of a prior agreement;
g.
Wholesale salespeople calling on businesses;
h.
Federal census takers and polls or surveys taken pursuant to Federal,
State or local laws;
i.
Any school, political or civic organization, benevolent society,
service club or organization, not for profit, which is located in
the Township or has a majority of its membership from the Township;
j.
Any person who has obtained a charitable solicitor's permit.
[1999 Code § 5.40.050; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009]
The investigation required by subsection 11-1.3 shall be limited to that sufficient for the Chief of Police or his/her designee to make a determination that the person or organization is bona fide. Upon making such a determination, the Chief of Police or his/her designee shall approve the application and notify the Supervisor.
[1999 Code § 5.40.060]
a.
All applications for licenses referred to herein shall first be made
by filing with the Supervisor an application blank which shall contain
the following information:
1.
The name and social security number of the applicant and, in the
case of peddlers and solicitors, photographs and fingerprints;
2.
The permanent home residence;
3.
The name and addresses of the firm represented, the names and addresses
of the persons from whom goods making up the stock were or are to
be purchased;
4.
Three (3) business references located in Middlesex County, New Jersey,
or, in lieu thereof, such evidence of good character and business
and responsibility of the applicant as will enable proper evaluation
of the applicant's character and responsibility by a police investigator;
5.
The place or places of residence of the applicant for the preceding
three (3) years;
6.
A description of the wares to be offered for sale, including an approximate
value and quantity of the personal property to be exposed for sale
in the Township;
7.
The number of arrests, charges or convictions for misdemeanors or
crimes, the nature thereof and the disposition of said charges;
8.
Where the applicant is to be employed by someone else, a letter from
the employer authorizing the applicant to act as its representative;
9.
In the case of an application for transient merchant-peddler license,
the names and addresses of each peddler and the place where the business
is to be carried on from;
10.
The length of time for which the license is desired;
11.
If a vehicle is to be used, a description of such vehicle and its
license number, registration and insurance certification;
12.
Two (2) photographs of the applicant taken within sixty (60) days
immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure one and one-half by two (1 1/2 x 2) inches.
b.
The license issued shall not authorize any person except the designated
person named in such license to engage in business thereunder, and
a separate license must be obtained for every branch established or
separate place of business maintained; and each license issued shall
authorize the licensee obtaining it to conduct the business therein
at the location or place of business indicated thereon.
[1999 Code § 5.40.070; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009]
a.
When the application is properly filled out and signed by the applicant,
the original and duplicate thereof shall be filed with the Supervisor.
The Supervisor shall refer the original to the Chief of Police or
his/her designee, who shall make or cause to be made within the time
limitations herein prescribed, such investigation of the applicant's
business responsibility and character as he deems necessary for the
protection of the public good.
1.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police or his/her designee shall endorse on such application his
or her disapproval and his or her reasons therefor and shall return
the application to the supervisor. Any determination by the Chief
of Police or his/her designee that an application is unsatisfactory
shall be based on one (1) or more of the following findings with respect
to the applicant:
2.
In the absence of any such finding, the Chief of Police or his/her
designee shall find the application satisfactory, shall endorse his
or her approval on the application and shall return the application
to the Supervisor.
b.
If an application is found unsatisfactory by the Chief of Police
or his/her designee and he or she has endorsed his or her disapproval
upon the application, the Supervisor shall notify the applicant by
mail that the application is disapproved and shall deny the applicant
a license. If an application is found satisfactory by the Chief of
Police or his/her designee, the Supervisor shall issue a license.
[1999 Code § 5.40.080]
a.
Licenses issued under provisions of this section may be revoked by
the Director after notice and hearing for any of the following causes:
1.
Fraud, misrepresentation or any false statement contained in the
application for license;
2.
Fraud, misrepresentation or false statement made in the course of
carrying on his or her business as peddler, huckster, vendor, solicitor,
itinerant vendor or commercial traveler;
3.
Any violation of this section;
4.
Conviction of any crime or misdemeanor involving moral turpitude;
5.
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public.
b.
The Supervisor, upon receiving information providing reasonable cause
to believe that the holder of any license issued hereunder has violated
any provision of this section or has been convicted of any violation
referred to in this section or has been indicted or charged with or
for any crime or offense, or has been convicted of any crime or offense,
may forthwith temporarily suspend such license until a hearing is
held by the Director of Public Safety as provided herein, and the
Director shall have issued a determination thereon.
c.
Notice of a hearing for revocation of a license shall be given in
writing, setting forth specifically the grounds of the complaint and
the time and place of the hearing. Such notice shall be mailed, certified
mail, return receipt requested, postage prepaid, to the licensee at
his last known address at least five (5) days prior to the date set
for the hearing.
d.
If the licensee has one (1) or more employees, the revocation hereunder
shall apply to the licensee and all employees determined to be in
violation of this section.
e.
Upon revocation, the license shall be surrendered to the Director
of Public Safety or his or her designee.
[1999 Code § 5.40.090; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009§ 2]
Any person aggrieved by the action of the Chief of Police or
his/her designee in the denial of a certificate, as provided in this
section, shall have the right of appeal to the Director of Public
Safety. Such appeal shall be taken by filing with the Chief of Police
or his/her designee within fourteen (14) days after the notice of
the action complained of has been mailed to such person's last known
address, a written statement setting forth fully the grounds for the
appeal. The Director shall set a time and place for hearing on such
appeal, and notice of such hearing shall be given to the applicant
in the same manner as provided in this section for notice of hearing
and revocation. The decision of the Director of Public Safety on such
appeal shall be final and conclusive.
[1999 Code § 5.40.100]
No person or license holder shall:
a.
Peddle, solicit or distribute merchandise except between the hours
of 9:00 a.m. and 6:00 p.m. or sunset, whichever occurs earlier, unless
specifically having been invited to a dwelling by an occupant thereof
or having previously made an appointment with an occupant;
b.
Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself or herself as a peddler, solicitor
or distributor registered with the Township and displaying his or
her certificate;
c.
Have exclusive right to any location in the public streets or operate
in any congested area in such a manner as to impede the flow of traffic
or of pedestrians or create a breach of the peace;
d.
Stand, hawk, peddle or solicit on the premises of any business establishment,
shopping center or mall without the written consent of the owner or
individual agency or organization responsible for the management and/or
operation of the same;
e.
Enter or attempt to enter the land of any resident in the Township
where such resident has posted a notice prohibiting such entry;
f.
Refuse to leave any private dwelling or property after having been
once requested to do so by the owner or occupant thereof;
g.
Shout, cry out, blow a horn, ring a bell or use any soundmaking or
amplifying device upon any of the streets, parks or public places
of the Township or upon private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon private premises, for the purpose of attracting attention
to any merchandise or services, without first obtaining written authorization
for the same from the appropriate Township official;
h.
Litter the streets, public places or public or private properties
within the Township with any merchandise or printed material.
[1999 Code § 5.40.110]
Every person holding a license under this section shall be required
to carry the license with him or her or at his or her business premises
while engaged in the business licensed. He or she must produce the
license upon the request of any interested person.
[1999 Code § 5.40.120]
Nonrefundable license fees shall be ten ($10.00) dollars. No application shall be processed unless accompanied by the license fee along with a fee to defray the police investigation fee of twenty-six ($26.00) dollars, unless this fee has been waived pursuant to paragraph c, subsection 11-1.3, and a refundable deposit for the identification badge as provided in subsection 11-1.3.
|
License Type
|
Fee
| |
|---|---|---|
|
a.
|
Solicitor (90 days)
|
$100.00
|
|
b.
|
Itinerant vendor ($50.00 per day/1 month maximum)
|
$100.00
|
|
c.
|
Itinerant vendor (Xmas/1 month maximum)
|
$500.00
|
[1999 Code § 5.40.130]
No license may grant the right to solicit for a period longer
than ninety (90) consecutive days.
[1999 Code § 5.40.140]
In any case where the provisions of this Code impose a higher
standard than set forth in any other ordinance of the Township or
under the laws of the State of New Jersey, then the standards as set
forth herein shall prevail, but if the provisions of this Code impose
a lower standard than any other ordinance of the Township or of the
laws of the State of New Jersey, then the higher standard contained
in any such other ordinance or laws shall prevail.
[1999 Code § 5.40.150]
No license or permit or other certification or compliance with
this Code shall constitute a defense against any violation of any
other local ordinance applicable to any structure or premises or use
of such structure or premises, nor shall any provision herein relieve
any owner, operator, tenant or occupant from complying with any such
other provision or any official of the Township from enforcing any
such other provision.
[1999 Code § 5.40.160]
a.
Any peddler, transient merchant or itinerant vendor, transient merchant-peddler, merchant peddler or solicitor who shall offer for sale or sell any goods, wares, merchandise, other commodities or bankrupt stock without first paying to the Township the license fee or fees as herein required, or who shall fail to secure a license provided for herein, or who shall make false or fraudulent representations therein, or who shall fail or refuse or neglect to comply with the requirements of this section in any part, shall, upon conviction thereof by the Judge of the Municipal Court, be liable to the penalty stated in Chapter I, Section 1-5, and each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1999 Code § 5.40.180]
The Division of Licenses and Permits shall maintain a "No Knock List" a copy of which shall be provided to all persons or organizations required to register pursuant to subsection 11-1.3 in accordance with the provisions of N.J.S.A. 47:1A-5, the Division of Licenses and Permits shall charge a fee for copy of the "No Knock List." All residents of the Township may register their name, address and/or unit/apartment number with the Division of Licenses and Permits to be placed on the "No Knock List," indicating that they do not want persons so registered to approach their homes and/or seek personal contact with the occupants of the registered home. It shall be unlawful for any peddler, panhandler or solicitor to approach/or seek personal contact with the occupants there if that residence is registered on the "No Knock List." Registration on the "No Knock List" shall expire five (5) calendar years following the end of the calendar year of registration, unless renewed by notifying the Division of Licenses and Permits accordingly. Anyone violating this subsection shall be subject to the penalties established by subsection 11-1.16.
[1999 Code § 5.20.010]
As used in this section:
- CHARITABLE NONPROFIT and PHILANTHROPIC
- Means and includes political, patriotic, religious, service, welfare, benevolent, educational, civic or fraternal corporations, organizations, associations, societies and the like, not organized for private gain. Examples of nonprofit organizations include veterans groups and organizations which assist the poor, the aged, the sick, the physically handicapped or mentally retarded, or which aid victims of fire, flood or similar catastrophes. This enumeration is intended to be typical and shall not be construed as exclusive. All applicants shall provide satisfactory proof of nonprofit status upon request, including but not limited to evidence of tax exemption.
- CONTRIBUTION
- Means and includes alms, food, clothes, money, subscription or property of any nature or kind.
- PERSON or ORGANIZATION
- Means any natural person, individual, firm, copartnership, corporation, company, association, church religious denomination, society, class or league and principal or agent thereof.
- SOLICIT and SOLICITATION
- Means the request, directly or indirectly, of money, credit, property, financial assistance and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose as defined in this section. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
[1999 Code § 5.20.020; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009]
a.
Any person canvassing or soliciting in connection with a political
campaign or charitable or religious organization or society or any
representative of such organization or society, recognized as tax
exempt under the United States Internal Revenue Code, when such canvassing
or solicitation does not involve the sale or attempted sale of merchandise,
shall, at least twenty-four (24) hours prior to such canvassing or
solicitation, present himself or herself to the office of the Chief
of Police or his/her designee and shall provide said Chief of Police
or his/her designee with the following information:
1.
The nature and anticipated duration of such canvassing or solicitation;
2.
The approximate number of persons who will be canvassing or soliciting;
3.
The name and address of the person in charge of such canvassing or
solicitation;
4.
The full name and address of the political, charitable or religious
organization on behalf of which such solicitation or canvassing is
to be conducted;
5.
The names, to the extent known, of the persons who are expected to
go from door to door or to distribute materials within the Township.
b.
The purpose of such registration is that the identity of persons
going door to door or distributing materials within the Township may
be established for the protection and maintenance of the health, safety
and welfare of the inhabitants of the Township and to prevent dishonest
solicitation of funds in the Township. No permit or fees shall be
required.
c.
Such canvassing or soliciting activities shall not be allowed after
9:00 p.m., local time.
[1999 Code § 5.20.030]
Any person violating the terms of this section, whether as principal, agent or employee of another, shall, upon conviction in the Municipal Court, be liable to the penalty stated in Chapter I, Section 1-5.
[1999 Code § 5.68.010]
The purpose of this section is for the regulation of the opening
and closing hours of all businesses and commercial establishments
to which the public is invited in the interests of the protection
of the employees. The provisions and requirements of this section
shall not apply to nor include any business or commercial establishment
issued a license or permit for on-the-premises consumption of alcoholic
beverages.
[1999 Code § 5.68.020]
As used in this section:
- RETAIL ESTABLISHMENT
- Means an establishment, enterprise or business that sells to the general public goods, merchandise, food or material.
[1999 Code § 5.68.030; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009]
No retail establishment, as herein defined, to which the general
public is invited shall be open for business between the hours of
12:00 a.m. and 6:00 a.m., prevailing time (2400 to 0600 hours) unless
the following terms and conditions are implemented and approved:
a.
That there are at least two (2) employees on continuous duty in the
portion of the retail establishment to which the public is invited
or one (1) employee and the following:
1.
That the retail establishment shall have in operation a video camera
in addition to a silent and/or audible burglar alarm system which
is connected to a central security monitoring system designed to activate
police response, and
2.
That the video camera and burglar alarm system shall be approved
by the Chief of Police or his/her designee, Edison Township, or his
or her designee;
b.
That the retail establishment shall implement the following crime
prevention measures:
1.
Use of a drop safe on the premises;
2.
The establishment shall post a window sign which is conspicuous and
asserts that a safe is located on the premises, but the safe is not
accessible to the employees of the establishment;
3.
Signs indicating that the establishment does not keep more than fifty
($50.00) dollars in cash in the register;
4.
The exterior portion of the retail establishment, including the parking
area, shall be well lit throughout the night and early morning hours.
[1999 Code § 5.68.040]
All business establishments in the Township who desire to remain
open between the hours of 12:00 a.m. and 6:00 a.m. (2400 hours to
0600 hours), prevailing time, shall satisfy the Division of Police
of Edison Township that the measures required by this section are
implemented prior to opening.
[1999 Code § 5.68.050]
Any person who shall violate a provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1999 Code § 5.04.010]
It shall not be lawful for any person or persons to carry on
or conduct the business of porter, auctioneer, pawnbroker, junk shopkeeper,
junk dealer, billposter, keeper of bathhouses or scavenger within
the Township without having first obtained a license from the Township
Clerk.
[1999 Code § 5.04.020]
The Township Clerk is authorized to issue any such license upon
the payment by the applicant of the proper fee therefor, as hereinafter
provided, together with the sum of fifty ($0.50) cents for the cost
and expense of issuing such license.
[1999 Code § 5.04.030]
Every such license shall remain in force and be valid only for
the time therein expressed, and it shall not be transferable.
[1999 Code § 5.04.040]
Any person to whom such license is granted as herein provided
is required to exhibit such license whenever called upon to do so.
[1999 Code § 5.04.050]
The license fees under this section shall be as follows:
[1999 Code § 5.04.060]
Any person or persons violating any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[Ord. No. O.1714-2009§ I]
a.
No person, firm, corporation or other legal entity shall conduct
or operate the business of purchasing or selling used electronic equipment
from or to members of the public without first obtaining a license
from the Township Clerk.
b.
No person, firm, corporation or other legal entity shall advertise
for the purchase or sale of used electronic equipment for members
of the public without first having obtained a license from the Township
Clerk.
c.
Application for such a license shall be on a form provided by the
Township Clerk and shall include the following information:
1.
The name and address of the person, firm, corporation or other legal
entity conducting the business or advertising same;
2.
In case of a corporation, the names and addresses of all officers
and stockholders of the corporation;
3.
In case of a limited liability company, the name and addresses of
all officers and members of the limited liability company;
4.
The location at which the business is conducted and the hours of
operation thereof.
d.
Upon receipt of an application form for a license completed pursuant
to paragraph c above, the Clerk shall refer such application to the
Chief of Police who shall institute such investigation of the applicant's
moral character and business responsibility as he or she deems necessary
for the protection of public welfare. Upon completion of the investigation,
which in no case takes more than ten (10) days, the Chief of Police
shall return the application or a copy thereof to the Township Clerk,
accompanied by his or her recommendation as to whether the license
is issued or denied. If the recommendation of the Chief of Police
is to deny the license, grounds for such recommendation is stated.
Grounds for recommending the denial of the license include information
indicating that the applicant is not of good moral character or is
of questionable business responsibility, any recommendation of denial
is given if the applicant has been convicted of a crime involving
dishonesty, fraud, deceit, or misrepresentation. Upon receipt of the
recommendation of the Chief of Police, the Township Clerk shall issue
or deny the license accordingly.
[Ord. No. O.1714-2009§ I]
- ELECTRONIC EQUIPMENT
- For the purpose of this chapter, means any device which is operated with the use of electricity. Examples of electronic equipment include and are not limited to stereos, radios, hi-fi systems, CD players, record players, car radios or stereos including tape players, televisions, VCRs, telephones, cellular phones, audio speakers, radar detectors, computers, fax machines, typewriters, copy machines, calculators, microwave ovens, electric tools, mp3 players, ipods, satellite radios and GPS devices. This enumeration is intended to be typical and is not to be construed as exhaustive.
[Ord. No. O.1714-2009§ I]
All licensees require each person offering an item for sale
to produce identification and to sign a receipt for the item.
[Ord. No. O.1714-2009§ I]
a.
Every person, firm, corporation or other legal entity conducting
a business as set forth in this section or advertising same, shall
maintain a log or record of every article purchased or sold by him
or her from or to members of the public, which log includes the following
information:
b.
The person, firm, corporation or other legal entity that either purchases
or sells used electronic equipment shall make available the log for
a record for inspection to any law enforcement officer, upon demand,
without the need for advanced notice. The log or record is kept at
the business premises and is available for inspection during business
hours.
[Ord. No. O.1714-2009§ I]
No person, firm, corporation or other legal entity conducting a business as set forth in subsection 11-6.1 or advertising same, shall purchase any electronic equipment from any person under the age of eighteen (18) years of age, except with the written consent of a parent or guardian of the person under the age of eighteen (18).
[Ord. No. O.1714-2009§ I]
Each licensee delivers a bond to the Township Clerk executed
by the applicant as principal with a surety company authorized to
do business under the laws of the State of New Jersey as surety. The
bond, to be approved by the Director of Law, is the penal sum of ten
thousand ($10,000.00) dollars, conditioned for the due and proper
observance of and compliance with the provisions and requirements
of all ordinances of the Township of Edison in force or which may
be adopted respecting the conduct of this business and conditioned
also that the bond is and remains for the benefit of any person or
persons who has received judgment against any person licensed under
this chapter by reason of any damage sustained by any such person
as having made a sale to such licensee, due to dishonesty, fraud,
or deceit practiced in effectuating purchase.
[Ord. No. O.1714-2009§ If[1]]
Fee for the initial application is one hundred ($100.00) dollars. Each annual renewal fee is twenty-five ($25.00) dollars. If on the effective date of this section, a person, partnership, or corporation has been in business pursuant to subsection 11-6.1 of this section for a period of not less than three (3) years, the fee for initial application is ten ($10.00) dollars and investigation pursuant to the provisions of this section may be waived by the Township Clerk.
[Ord. No. O.1714-2009§ I]
Every person, firm, corporation or other legal entity conducting a business as set forth in subsection 11-6.1, or advertising same, who shall purchase electronic equipment from members of the public, shall retain possession of the items a minimum of twenty (20) days from the date of purchase before altering the shape or content of same, reselling or otherwise disposing of same.
[Ord. No. O.1714-2009§ I; Ord. No. O.1909-2015]
Nothing contained herein applies to (i) the wholesale purchase
of electronic equipment by regularly established businesses, from
wholesale dealers and suppliers, which purchases are made for retail
sale to the public in the regular course of business; or (ii) transactions
involving the trade-in of electronic equipment to a provider of commercial
mobile services, as defined in 47 U.S.C. § (d), or to their
authorized agents or retailers that have contractual relationships
with such providers to sell the providers' authorized products and
services, when the trade-in value of the used electronics equipment,
if any, is applied as a credit on a customer's account or in a form
of credit or a gift card that may only be redeemed with the provider
or its agents or retailers.
[Ord. No. O.1714-2009§ I]
Any person, firm, corporation or other legal entity violating
the provisions of this section, upon conviction thereof, is deemed
a disorderly person and forfeits and pays a fine of not more than
five hundred ($500.00) dollars or is imprisoned in the Middlesex County
Adult Correction Center for a period of not more than ninety (90)
days, or both. A separate offense is deemed committed on each day
during or on which a violation occurs or continues.
[1999 Code § 5.12.010]
As used in this section:
- AMUSEMENT CENTER
- Means a place of business whose primary purpose is public recreation, such as skating rinks, bowling alleys, billiard lounges, etc., but excluding bars and restaurants.
- AMUSEMENT DEVICE
- Means any table device or machine which may be operated by the public for entertainment or amusement, whether the device or machine is coin-operated or not and whether it registers scores or tallies or not. Examples are pinball machines, bowling machines, mechanical grab machines, Skee-Ball machines, pokerino machines, video machines, jukeboxes, pool, bagatelle and billiard tables, video display booths and similar devices. This enumeration is intended as an example of the kinds of devices regulated and is not to be construed as an exclusive list.
- DISTRIBUTOR
- Means any person, partnership, firm, association, corporation or other business entity which leases, rents or places, under any kind of arrangement, within the Township one (1) or more amusement devices in premises or locations owned or controlled by another.
- LICENSED PREMISES
- Means the entire premises owned or controlled by the owner/operator.
- OWNER/OPERATOR
- Means any person, firm, partnership, association, corporation or any other entity which owns or controls a premises or •a location within the Township in which any amusement device is displayed for public patronage or is placed or kept for operation by the public.
- PERSON
- Means and includes any individual, corporation, company, association, society, firm, partnership or joint-stock company as well as individuals.
- RETAIL FLOOR AREA
- Means that open, unobstructed floor area to which the public is customarily invited in the course of business transactions but excluding floor areas used for restrooms and storage, office counter area, etc., to which only employees are customarily allowed.
- VIDEO DISPLAY BOOTH
- Means any booth, enclosed for privacy and designed for individual viewing of video entertainment, including but not limited to movies or video tapes and including but not limited to coin or token operated video equipment.
[1999 Code § 5.12.020]
No person shall install, maintain, operate or possess in any
stores, premises, locations or buildings where business of any nature
or character is conducted or any other place wherein the public is
invited or where the public may enter, any amusement device without
having first obtained an amusement device license from the Township,
after written application.
[1999 Code § 5.12.030]
Applications for amusement device licenses shall be made at
the office of the Supervisor of Licenses and Permits on forms supplied
by that office. Each application shall be accompanied by the appropriate
license fee or it will not be processed.
[1999 Code § 5.12.040]
a.
Licenses shall be renewed on January 1 of each year and shall expire
on December 31 of each year.
b.
All license fees are for a fall year or any part thereof. Fees shall
not be prorated for applications covering less than the entire license
period specified above.
d.
Any or all civic, fraternal, religious or other nonprofit organizations
which are exempt from taxation under the Federal or State laws shall
be excused from the above fee requirement, provided that they present
sufficient evidence to establish their tax exempt status. Fee exempt
organizations shall still be responsible for filing applications with
the Division of Licenses and Permits.
[1999 Code § 5.12.050]
a.
Every license issued is subject to suspension or revocation by the
Township should any licensee operate any amusement device contrary
to the provisions of this section or any other laws, rules, or regulations
or fail to fully cooperate with any law enforcement officer or agency.
b.
Any fraud, material misstatement or omission in the license application
or any information submitted therewith or the failure to notify the
Supervisor of Licenses and Permits, in writing, of any changes by
additions or deletions or amendments to this application or information
during the term of any license or renewal shall constitute sufficient
grounds for revocation of the license. A revocation hearing will be
held before the Director of Public Safety no sooner than ten (10)
days after service of notice of hearing either personally or by certified
mail, prior to revocation of the license.
c.
Other grounds for suspension or revocation of a license include:
1.
Fraud, misrepresentation or dishonesty in the conduct of the licensed
activity;
2.
Conduct of the licensed activity in a manner that constitutes a breach
of the peace or menace to the public health, safety or general welfare;
3.
Habitual conduct of the users of the licensed premises 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.
[1999 Code § 5.12.060]
a.
No license issued pursuant to this section may be sold, assigned,
mortgaged or otherwise transferred by the person to whom such license
is issued.
b.
Change of ownership of any device shall automatically revoke such
license, except that an operator at any time may substitute one device
for a similar device without additional license fee, provided that
he or she first notifies the Division of Licenses and Permits.
[1999 Code § 5.12.070; Ord. No.
O.1718-2009§ I]
a.
There shall be only one (1) licensee at any one (1) premises where
machines are located.
b.
The owner/operator of the premises shall be liable and responsible
for the proper operation of the devices, whether or not he or she
is the owner of it or has rented it. This section shall not relieve
the owner or distributor of the machine from liability or responsibility
for violations of any ordinance or law.
c.
The operation of amusement devices shall be supervised by at least
one (1) person over twenty-one (21) years of age at all times.
d.
No licensee shall permit any person to use an amusement device for
gambling or betting purposes.
e.
No person shall provide prizes or awards in conjunction with the
operation of or as an inducement to use automatic amusement devices
except for such establishments which meet the following criteria:
1.
All customers under the age of eighteen (18) must be accompanied
by an adult or guardian;
2.
Fifty (50%) percent of the establishment's revenue must come from
non-gaming sources (i.e., food and beverage).
3.
Forty (40%) percent of the floor area of the establishment must be
utilized for non-gaming purposes.
f.
No person under the age of sixteen (16) years shall be allowed to
operate an amusement device during the hours of 11:00 p.m. to 9:00
a.m. on any day and 9:00 a.m. to 3:00 p.m. on any school day unless
accompanied by at least one (1) adult parent or guardian.
g.
There shall be conspicuously displayed on the premises:
h.
Operators shall be responsible for complying with all sanitation
and rest room requirements as provided by this Code.
i.
An adhesive seal shall be affixed to all machines licensed with Edison
Township to indicate compliance with this section.
[1999 Code § 5.12.080]
In any case where the provisions of this Code impose a higher
standard than set forth in any other ordinance of the Township or
under the laws of the State of New Jersey, then the standards as set
forth herein shall prevail; but if the provisions of this Code impose
a lower standard than any other ordinance of the Township or of the
laws of the State of New Jersey, then the higher standard contained
in any such ordinance or laws shall prevail.
[1999 Code § 5.12.090]
Any person violating any provision of this section or failing to comply therewith shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5. Every day during which the violation or failure to comply occurs or continues shall be deemed a separate violation.
[1999 Code § 5.48.010]
As used in this section:
- BOOTBLACKING PARLOR
- Means a place or establishment where one (1) or more chairs are placed in use, or to be used, for the purpose of shining or polishing shoes or boots with polish or other material or composition or mixture of any color whatsoever.
[1999 Code § 5.48.020]
No person or persons, firm or corporation shall pursue the business
or occupation of keeping any billiard room, poolroom, cigar store,
bootblacking parlor, bowling alley (other than a bowling alley in
an incorporated club) or such other place as may exist, where other
games of skill may be carried on or conducted in the Township, until
the proprietor or proprietors thereof shall have first obtained from
the Division of Licenses and Permits, as herein provided, a license
to carry on and conduct the same, and shall have paid the amount of
the license to carry on and conduct the same, and shall have paid
the amount of the license fee therefor as herein fixed to the Division
of Licenses and Permits.
[1999 Code § 5.48.030]
a.
The fees to be paid for such license to carry on and/or conduct any
billiard room, poolroom, cigar store, bootblacking parlor, bowling
alley (other than a bowling alley in an incorporated club) or such
other place as may exist, wherein other games of skill may be carried
on or conducted, respectively, are fixed as follows:
|
Type of Business
|
Fee
| |
|---|---|---|
|
1.
|
Billiard room
|
$25.00
|
|
2.
|
Poolroom
|
$25.00
|
|
3.
|
Cigar store
|
$2.50
|
|
4.
|
Bootblacking parlor
|
$2.50
|
|
5.
|
Bowling alley (other than in an incorporated club)
|
$100.00
|
|
6.
|
Any other place as may exist wherein other games of skill may
be carried on or conducted
|
$2.50
|
b.
Such license fees as are herein fixed and provided are imposed for
revenue.
[1999 Code § 5.48.040]
All licenses shall be granted and issued by the Director of
Public Safety in his or her discretion, and all such licenses shall
be valid for the period of one (1) year from the day of issue or of
such shorter period as the Director of Public Safety shall, in his
or her discretion, designate as shown thereon, unless they are sooner
revoked; and all licenses shall be signed by the Director of Public
Safety and the Township Clerk. Such licenses shall bear the date of
issue, the name of the person or persons to whom issued, the purpose
for which they are severally issued and the location of the room or
building wherein the licensee is authorized to carry on and conduct
such business; and they shall not be transferable or valid to authorize
the licensee to carry on or conduct such business in any place or
location other than that shown on the license and set forth in the
same; and the Director of Public Safety shall have the power to revoke
any such license, and in case the Director of Public Safety shall
determine that there is reasonable cause to revoke any such license,
he or she shall cause a notice to be served in writing upon the licensee
or other person in charge of the licensed place, citing him or her
to appear before such Director of Public Safety, at such time and
place as he or she may designate, to show cause why the license should
not be revoked, and such license shall be afforded a hearing before
the Director of Public Safety prior to the final revocation of his
or her license.
[1999 Code § 5.48.050]
The license herein provided for shall be posted and displayed
in a conspicuous place in every billiard room, poolroom, cigar store,
bootblacking parlor, bowling alley (other than a bowling alley in
an incorporated club) or such other place as may exist, wherein other
games of skill may be carried on or conducted, licensed under the
provisions of this section.
[1999 Code § 5.48.060]
Every establishment covered by this section, other than billiard
rooms, pool rooms, bowling alleys and licensed taverns, shall be closed
at the hour of 12:00 midnight every night. Billiard rooms and pool
rooms shall be closed at the hour of 2:00 a.m.
[1999 Code § 5.48.070; New]
Any person who shall violate any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[1999 Code § 5.48.080]
It is unlawful for any person or persons or corporation to carry
on or conduct the business of traveling or other shows, theatrical
performance, plays, exhibitions, concerts, skating rinks, circuses,
menageries, athletic or scientific exhibitions or dance halls within
the Township without having first obtained a license from the Director
of Public Safety.
[1999 Code § 5.48.090]
All licenses herein provided for shall be granted and issued
by the Director of Public Safety in his or her discretion, and it
shall be the duty of the Director of Public Safety to adopt such rules
and regulations as may be reasonable to ensure the safety of the public
patronizing such places named in this section against fire or other
disaster, and all such licenses shall be valid for a period of one
(1) year from the day and date or issue or of such shorter period
as the Director of Public Safety shall, in his or her discretion,
designate as shown thereon, unless they are sooner revoked; and all
such licenses shall be signed by the Director of Public Safety and
the Township Clerk. Such licenses shall bear the date of issue, the
name of the person, persons or corporation to whom issued, the purpose
for which they are severally issued and the location of the room or
building wherein the licensee is authorized to carry on or conduct
such business or occupation, and they shall not be transferable or
valid to authorize the licensee to carry on or conduct such business
in any place or location other than that shown on the license and
set forth in the same. The Director of Public Safety shall have the
power to revoke any such license and, in case the Director of Public
Safety shall determine that there is reasonable cause to revoke any
such license, he or she shall cause a notice in writing to be served
upon the licensee or other person in charge of such licensed place
citing him or her to appear before the Director of Public Safety,
at such time and place as he or she may designate, to show cause why
the license should not be revoked, and such licensee shall be afforded
a hearing before the Director of Public Safety prior to the final
revocation of his or her license; provided, however, that the Director
of Public Safety shall have the power to cause the license of any
such place herein named in this section to be suspended pending such
hearing before him or her.
[1999 Code § 5.48.100]
The license herein provided for shall be exhibited by any person,
persons or corporation at any time they may be called on to do so.
[1999 Code § 5.48.110]
a.
The fees to be paid for such license to carry on or conduct any traveling
or other shows, theatrical performances, plays, exhibitions, concerts,
skating rinks, circuses, menageries, athletic or scientific exhibitions
or dance halls, and also the place or places or premises in which
or at which said different kinds of businesses or occupations are
to be carried on or conducted, respectively, are fixed as follows:
1.
Circus and carnival, with or without a menagerie, one hundred ($100.00)
dollars each day.
2.
Concert or entertainment charging twenty-five ($0.25) cents or more
for one (1) admission, ten ($10.00) dollars for each concert or entertainment.
3.
Concert or entertainment charging less than twenty-five ($0.25) cents
for one (1) admission, five ($5.00) dollars for each concert or entertainment.
4.
Athletic or scientific exhibition, ten ($10.00) dollars for each
exhibition.
5.
Skating rink, ten ($10.00) dollars for one (1) year.
6.
Theater or moving-picture or opera house, one hundred ($100.00) dollars
for one (1) year.
7.
Dance hall having a seating capacity of less than five hundred (500)
people, fifteen ($15.00) dollars for one (1) year.
8.
Dance hall having a seating capacity of more than five hundred (500)
people, twenty-five ($25.00) dollars for one (1) year.
b.
Such license fees as are herein fixed and provided are imposed for
revenue.
[1999 Code § 5.48.120]
The provisions of subsection 11-9.4 shall not apply to any concert, entertainment or exhibition or dance for any charitable or benevolent purpose, and the Director of Public Safety shall have the authority to decide whether a license is required under the provisions of this section.
[1999 Code § 5.48.130]
Any person, persons or corporation violating the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[1999 Code § 8.65.010; Ord. No.
O.1779-2011]
As used in this section:
- MASSAGE, BODYWORK AND SOMATIC THERAPIES
- Means and refers to systems of activity structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purpose of applying therapeutic massage, bodywork or somatic principles. Such applications may include, but are not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, movement and neural myofascial education and education in self-care and stress management. Massage, bodywork and somatic therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.
- MASSAGE, BODYWORK AND SOMATIC THERAPIST
- Means any person, male or female, who administers massage, bodywork and/or somatic therapies for any form of consideration.
- MASSAGE, BODYWORK OR SOMATIC THERAPY ESTABLISHMENT
- Means any establishment or operation wherein massage, bodywork or somatic therapies are administered or are permitted to be administered, when such therapies are administered for any form of consideration.
[1999 Code § 8.65.020; Ord. No.
O.1779-2011]
a.
Business Permit Required. No person, firm or corporation shall operate
any establishment or utilize any premises in the Township of Edison
in Middlesex County as or for massage, bodywork or somatic therapy
establishment unless or until there has first been obtained a permit
for such establishment or premises from the Township of Edison in
accordance with the terms and provisions in this section.
b.
Massage, Bodywork and Somatic Therapist Permit Required. No person
shall practice massage or related therapies as a massage, bodywork
or somatic therapist, employee or otherwise, unless he or she has
a valid and subsisting massage, bodywork and somatic therapist's permit
issued to him or her by the New Jersey Division of Consumer Affairs,
New Jersey Board of Nursing pursuant to the provisions of the Massage,
Bodywork and Somatic Therapist Certification Act, N.J.S.A. 45:11-53
et seq. and N.J.A.C. 13:37-16 et seq., hereinafter referred to the
"Certification Act."
[1999 Code § 8.65.030; Ord. No.
O.1779-2011]
Every applicant for a permit to maintain, operate or conduct
a massage, bodywork or somatic therapy establishment or out-call massage,
bodywork or somatic therapy service shall file an application with
the Department of Health upon form provided by said Department and
pay a fee of five hundred ($500.00) dollars. The permit to be issued
shall be valid until March 31 of the third year that the permit is
in effect.
[1999 Code § 8.65.040; Ord. No.
O.1624-2008§ 1; Ord. No.
O.1779-2011]
Any person desiring a massage, bodywork or somatic therapy business
permit shall file a written application with the Department of Health
on a form to be furnished by the Department of Health. The applicant
shall accompany the application with a tender of correct fee as hereinafter
provided and shall, in addition, furnish the following:
a.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
b.
The name, style and designation under which the business is to be
conducted.
c.
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
d.
A complete list of the names and addresses of all massage, bodywork
and somatic therapists and employees in the business and the name
and residence address of the manager or other person principally in
charge of the operation of the business.
e.
The following personal information concerning the applicant, if an
individual; concerning each stockholder holding more than ten (10%)
percent of the stock of the corporation, each officer and each director,
if the applicant is a corporation; concerning the partners, including
limited partners, if the applicant is a partnership; and concerning
the manager or other person principally in charge of the operation
of the business:
1.
The name, completed residence address and residence telephone number.
2.
The two (2) previous addresses immediately prior to the present address
of the applicant.
3.
Written proof of age.
4.
Height, weight, sex and color of hair and eyes.
5.
Two (2) front-face portrait photographs taken within thirty (30)
days of the date of the application and at least two by two (2 x 2)
inches in size.
6.
The massage therapy or similar business history and experience, including,
but not limited to whether or not such a person has previously operated
in this or another city or state under a license or permit denied,
revoked or suspended and the reason therefor and the business activities
or occupations subsequent to such action or denial, suspension or
revocation.
7.
All criminal convictions other than traffic violations, disorderly
persons offenses and petty disorderly persons offenses shall be reported
on the applicant's application fully disclosing the jurisdiction in
which the crime was committed and circumstances thereof. The applicant
shall execute a waiver and consent to allow a fingerprint and criminal
background check by the Police Department. Upon completion of the
background check, the Police Department, in its discretion and based
upon the circumstances of the offense or nature of the crime, shall
make a recommendation in writing to the Department of Health as to
whether the applicant may receive a license.
f.
The names and addresses of three (3) adult residents of the County
who will serve as character references. These references must be persons
other than relatives and business associates.
[1999 Code § 8.65.050; Ord. No.
O.1779-2011; Ord. No. O.2003-2018]
a.
The Department of Health, upon receiving an application for a massage,
bodywork or somatic therapy establishment permit, shall refer the
application to the Department of Planning and Engineering, the Fire
Department, the Police Department, the Health and Human Services Department,
which departments shall inspect the premises proposed to be operated
as a massage establishment and shall make written recommendations
to the Division of Licensing and Permits concerning compliance with
the codes that they administer.
b.
No massage, bodywork or somatic therapy establishment shall be issued
a permit or be operated, established or maintained in the Township
unless an inspection by the Health Officer, Building Subcode Official,
and Fire Inspector reveals that the establishment complies with the
minimum requirements of the building and health codes for businesses
operating in the Township of Edison.
c.
No massage, bodywork or somatic therapy establishment shall be located
within 1,000 feet of a place of worship, school, public use or residential
zone established pursuant to Chapter 37-2.1 of the Code, or within
500 feet of another such use. All distances shall be measured in a
straight line from the outer boundary of such properties.
Former subsection 11-11.6, Application, previously codified
herein and containing portions of 1999 Code § 8.65.060,
was repealed in its entirety by Ordinance No. O.1779-2011.
[Ord. No. O.1779-2011]
Every massage, bodywork or somatic therapy establishment shall only employ massage, bodywork and somatic therapists that have a current Certification issued under the Certification Act which shall be displayed as required in subsection 11-11.8. Every massage, bodywork or somatic therapy establishment shall maintain a photocopy of said Certifications for all massage, bodywork and somatic therapists that are currently in their employ and shall maintain said Certifications for one (1) year after the last date of employment of each massage, bodywork and somatic therapist and the same shall be kept at the licensed establishment and shall be made available upon demand to the Township Department of Health, its employees and any law enforcement officer, investigator and/or agency.
[1999 Code § 8.65.080; Ord. No.
O.1779-2011]
The massage, bodywork or somatic therapy establishment shall
display his/her permit in an open and conspicuous place on the premises
of the establishment. The massage, bodywork or somatic therapy establishment
shall ensure that the Certificate issued under the Certification Act
for each and every massage, bodywork or somatic therapist employed
in the establishment is displayed in an open and conspicuous place
on the premises of the establishment.
[1999 Code § 8.65.090; Ord. No.
O.1779-2011]
a.
Every portion of the massage, bodywork or somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated
in a sanitary condition.
b.
Prices rates for all services shall be prominently posted in the
reception area in a location available to all prospective customers.
c.
All employees, including massage, bodywork or somatic therapists,
shall be clean and wear clean, non-transparent outer garments. Dressing
rooms must be available on the premises. Doors to such dressing rooms
shall open inward and be self-closing. If the dressing room is also
used as the therapy/massage room, then adequate procedures shall be
in place to safeguard the privacy of the client. In no case shall
these doors be locked when both a client and any employee are present.
d.
All massage, bodywork and somatic therapy establishments shall be
provided with clean, laundered sheets and towels in sufficient quantity,
which shall be laundered after each use thereof and stored in a sanitary
manner.
e.
The sexual or genital area of patrons must be covered by towels,
cloths or undergarments when in the presence of an employee or massage,
bodywork or somatic therapist.
f.
It shall be unlawful for any person knowingly, in a massage establishment,
to place his or her hand upon or touch with any part of his or her
body, to fondle in any manner or to massage a sexual or genital area
of any other person.
g.
No massage, bodywork or somatic therapist, employee or operator shall
perform, or offer to perform any act which would require the touching
of the patron's sexual or genital area.
h.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry-heat rooms, steam or
vapor rooms or steam or vapor cabinets and shower compartments and
toilet rooms shall be thoroughly cleaned each day the business is
in operation. Bathtubs and showers shall be thoroughly cleaned after
each use. When carpeting is used on the floors, it shall be kept dry.
i.
Oils, creams, lotions and other preparations used in administering
massage, bodywork or somatic therapies shall be kept in clean, closed
containers or cabinets.
j.
Animals, except for Seeing Eye dogs, shall not be permitted in the
massage work area.
k.
Each massage, bodywork and somatic therapist shall wash his or her
hands in hot running water, using proper soap or disinfectant before
administering a massage, bodywork or somatic therapy to each patron.
[1999 Code § 8.65.100; Ord. No.
O.1779-2011]
The Department of Health and Human Services, and/or the Department
of Planning and Zoning shall, from time to time, at least twice a
year, make an inspection of each massage, bodywork or somatic therapy
establishment granted a permit under the provisions of this section
for the purpose of determining whether the provisions of this section
are complied with. Such inspections shall be made at reasonable times
and in a reasonable manner. It shall be unlawful for any permittee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
[1999 Code § 8.65.110; Ord. No.
O.1779-2011]
No part of any quarters of any massage, bodywork or somatic
therapy establishment shall be used for or connected with any bedroom
or sleeping quarters, nor shall any person sleep in such massage,
bodywork or somatic therapy establishment except for limited periods
incidental to and directly related to a massage, bodywork or somatic
therapy treatment or bath. This provision shall not preclude the location
of a massage, bodywork or somatic therapy establishment in separate
quarters of a building housing a hotel or other separate businesses
or clubs.
[1999 Code § 8.65.120; Ord. No.
O.1779-2011]
a.
No owner or manager of a massage, bodywork or somatic therapy establishment
shall tolerate in his establishment any activity or behavior prohibited
by the laws of the State of New Jersey, particularly, but not exclusive
of laws proscribing prostitution, indecency and obscenity, including
the sale, uttering or exposing and public communication of obscene
material; laws which relate to the commission of sodomy; relating
to the commission of adultery; and proscribing fornication; nor shall
any owner or manager tolerate in his or her establishment an activity
or behavior which violates this section.
b.
Any conviction of a bodywork or somatic therapy establishment or,
any employee thereof, of a violation of the aforementioned statutes
and codes shall devolve upon the owner or manager of the establishment,
it being specifically declared that, following such a conviction of
the owner or the manager of the establishment shall be prosecuted
as an accessory to such a violation and the required permits will
be automatically revoked.
[1999 Code § 8.65.130; Ord. No.
O.1779-2011]
Any person violating any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5.
Ord. No. O.1824-2013 amended Section 11-12 of the 2007 Code in entirety.
[Ord. No. O.1824-2013]
All terms used in this section shall have the same definition
ascribed to them in N.J.A.C. 8:27-1.1 et seq. unless otherwise defined
herein.
[Ord. No. O.1824-2013]
a.
Permit Required; Prohibitions. No person or business shall operate
any establishment or utilize any premises in the Township of Edison
for providing tattooing, body art or body piercing services unless
or until there has first been obtained a permit for such establishment
or premises from the Township of Edison in accordance with the terms
and provisions in this section. Temporary establishments for purposes
of product demonstration, industry trade shows, educational reasons
and/or any other reason shall also require a permit per N.J.A.C. 8:27-10.1
et seq. and as provided herein.
b.
Exceptions. It shall be unlawful for any person or business to perform
tattooing, body art or body piercing services within the Township,
except that the same may be performed for medical purposes by a physician
licensed to practice medicine in the State of New Jersey.
[Ord. No. O.1824-2013]
Every applicant for a permit to maintain, operate or conduct
a tattooing, body art or body piercing business including any expansion
and or alteration of a premises shall file an application with the
Department of Health Division of Licensing and Permits upon the form
provided by said Department Division and pay a fee of five hundred
($500.00) dollars. The permit to be issued shall be valid until March
31 of the third year that the permit is in effect.
[Ord. No. O.1824-2013]
Any person or business desiring a permit to maintain, operate
or conduct a tattooing, body art or body piercing business shall file
a written application with the Department of Health Division of Licensing
and Permits on a form to be furnished by the Department of Health
Division of Licensing and Permits. The applicant shall accompany the
application with a tender of correct fee as hereinafter provided and
shall, in addition, furnish the following:
a.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
b.
The name, style and designation under which the business is to be
conducted.
c.
The business address and all telephone numbers, including facsimile,
where business is to be conducted.
d.
A complete list of the names and addresses of all employees of the
business and the name and residence address of the manager or other
person principally in charge of the operation of the business and
number at which they can be reached in case of emergency.
e.
Comply with the provisions of N.J.A.C. 8:27, specifically N.J.A.C.
8:27-2.1 et seq. and N.J.A.C. 8:27-3 et seq.
[Ord. No. O.1824-2013]
The Department of Health Division of Licensing and Permits,
upon receiving an application shall refer the application to the Zoning
Officer, the Department of Planning and Engineering, the Fire Department,
the Police Department, the Health and Human Services Resources Department,
which departments shall inspect the proposed premises and shall make
recommendations to the Division of Licensing and Permits concerning
compliance with the codes that they administer. The Department of
Health Division of Licensing and Permits may impose conditions upon
the permit after reviewing the aforementioned recommendations, further
no permit shall be issued unless a zoning permit is obtained from
the Zoning Officer indicating the establishment is a permitted use
in its proposed location. Nothing herein including any of the aforementioned
recommendations shall be construed to limit the enforcement of any
law, rule or regulation at any time.
[Ord. No. O.1824-2013]
The establishment shall display their permit in an open and
conspicuous place on the premises of the establishment.
[Ord. No. O.1824-2013]
a.
Operating Requirements. Permittees shall comply with all requirements
of N.J.A.C. 8:27 and shall ensure that all employees also comply with
all requirements of N.J.A.C. 8:27. Permittees shall maintain the following
information on all employees: full legal name, social security number,
a clear and legible photocopy of their driver's license, address and
telephone number, and shall maintain the same for three (3) years
after the employee no longer works for the permittee.
b.
Inspections. The Department of Health and Human Services Resources,
and/or the Department of Planning and Zoning shall, from time to time,
at least twice a year, make an inspection of each establishment granted
a permit under the provisions of this section for the purpose of determining
whether the provisions of this section and N.J.A.C. 8:27 and all applicable
laws, rules and regulations are complied with. Such inspections shall
be made at reasonable times and in a reasonable manner. It shall be
unlawful for any permittee to fail to allow such inspection officer
access to the premises or to hinder such officer in any manner.
[Ord. No. O.1824-2013]
a.
Temporary permits shall only be issued for purposes of product demonstration,
industry trade shows, educational reasons and/or any other reason
shall also require a permit per N.J.A.C. 8:27-10.1 et seq. The fee
for a temporary permit shall be one hundred ($100.00) dollars. The
permit to be issued shall be only for the times noted on the permit.
b.
Any person or business desiring a temporary permit to maintain, operate
or conduct a tattooing, body art or body piercing business shall file
a written application with the Department of Health Division of Licensing
and Permits on a form to be furnished by the Department of Health
Division of Licensing and Permits. The applicant shall accompany the
application with a tender of correct fee and all documentation and
information required by N.J.A.C. 8:27-10.1 et seq.
c.
All other provisions of this Section and N.J.A.C. 8:27 shall be complied
with by the permittee.
[Ord. No. O.1824-2013]
This section shall not limit the power of the Governing Body
or the Board of Health, or any other Township employee to pursue any
and all legal and equitable remedies to prevent the practice of tattooing,
body art or body piercing in the Township.
[Ord. No. O.1824-2013]
Any person, firm or corporation violating the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5. Each day's operation shall constitute a separate violation, and each act of tattooing, body art or body piercing shall constitute a separate violation.
[1999 Code § 8.64.010]
As used in this section:
- BARBERSHOP or BEAUTY PARLOR
- Means and includes all such premises that are commonly known by the terms "barbershop," "hairdressing establishment," "manicuring parlor" and "beauty parlor," respectively; includes all premises or portions wherein the business of shaving, clipping, cutting, trimming, singeing, shampooing, massaging, manicuring, dressing, adorning or beautifying the human hair, face, scalp or hands is conducted for fee, charge or hire.
[1999 Code § 8.64.020]
No barbershop or beauty parlor shall be conducted or maintained
in the Township without a license, application for same shall be made
to the Division of Licenses and Permits approved by the Division of
Health.
[1999 Code § 5.16.060]
The license fee shall be fifty ($50.00) dollars per year for
each establishment or place of business and shall be paid to the Division
of Licenses and Permits on the first day of September for the ensuing
year.
[1999 Code § 8.64.030]
No license under this section shall be required for barber schools
or beauty culture schools which are regulated as such by the Department
of Education, but such schools shall be operated and maintained in
conformity with the regulations of this section.
[1999 Code §§ 8.64.040—8.64.150]
a.
Ventilation and Lighting. Every public barbershop, hairdressing establishment,
manicuring parlor and beauty parlor shall be properly and adequately
ventilated and lighted.
b.
Cleanliness of Walls, Ceilings, Furniture and Fixtures. The walls,
ceilings, furniture and other fixtures and all other exposed surfaces
in every such establishment shall be kept clean and free from dust.
c.
Cleanliness of Floors. The floors of every such establishment shall
be thoroughly swept or mopped each working day. All hair droppings
upon the floor shall be removed as soon as practicable and in such
manner as not to cause a nuisance.
d.
Washing Facilities. Every such establishment shall be provided with
suitable and adequate washing facilities with hot and cold running
water; sinks or washbasins must be of nonabsorbent material, properly
trapped, flushed and sewer- or septic-tank-connected.
e.
Washable Coat or Uniform Required. Attendants shall wear, while attending
any patron in any such establishment, a clean, washable outer coat
or uniform.
f.
Hand Washing. Attendants shall wash their hands thoroughly with soap
and hot water before attending any person.
g.
Prohibition Regarding Communicable Diseases. No person who is affected
with any infectious disease in a communicable form shall attend any
person in any such establishment.
h.
Towel Requirements. No towel shall be used in any such establishment
for more than one (1) person without being laundered.
i.
Astringents in Stick Form Prohibited. No alum or other astringent
in stick form shall be used in any such establishment.
j.
Common Use of Certain Articles Prohibited. The use of powder puffs,
sponges, soap or shaving cups in common or for more than one (1) person
is prohibited in any such establishment.
k.
Implements to be Clean and Sanitary. No implement shall be used on
or for a patron unless it is clean and sanitary.
l.
Headrests. The headrest of a chair used to serve a patron shall be
first covered with a freshly laundered towel or a single-service paper
covering.
[1999 Code §§ 5-016.030—5.16.050]
a.
Hours of Business. No barbershop shall open for business earlier
than 8:30 a.m., nor shall any barbershop close later than 6:00 p.m.
throughout the year, except on Saturdays and days preceding the following
legal holidays, to wit: New Year's Day, Decoration Day, July Fourth,
Labor Day, Thanksgiving Day and Christmas Day, when they shall close
not later than 7:00 p.m. This section shall not apply to existing
home occupation operations.
b.
Interior of Shop to be Open to View. During the hours and days when
the barbershops are closed under the provisions of this section, the
entire interior of the shop shall be open to full view from the public
street; and no other business shall be conducted on said premises
when it is closed as specified under the provisions of this section.
c.
Regulation by Board of Health. All premises licensed hereunder shall
be subject to rules and regulations imposed by the Board of Health
of the Township
[1999 Code § 5.16.070]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5 and/or revocation of license.
[1999 Code § 5.32.010]
It is unlawful for any person or persons, copartnership or corporation
to engage in the business of selling or exchanging any motor vehicle
upon any open lot in the Township without first obtaining a license
therefor as herein provided.
[1999 Code § 5.32.020]
As used in this section:
- BUSINESS OF SELLING OR EXCHANGING MOTOR VEHICLES
- Means and includes the offering of motor vehicles for sale or exchange by exhibiting, storing, parking, locating or keeping such motor vehicles upon an open lot, as aforesaid, with the intent to sell or exchange such motor vehicles.
- OPEN LOT
- Means any lot, tract or parcel of land within the township not enclosed in a substantial permanent building, and shall not include any lot, tract or parcel of land upon which is erected a substantial permanent building used as a public garage wherein is conducted the business of public motor vehicle repair or public storage of motor vehicles, but shall include any lot, tract or parcel of land adjacent to the lot, tract or parcel of land upon which such garage is erected.
[1999 Code § 5.32.030]
Application for licenses to conduct the business of selling
or exchanging motor vehicles upon an open lot shall be made to the
Division of Licenses and Permits and shall be accompanied by the license
fees hereinafter stated. Such applications shall be made upon forms
to be prepared by the Division of Licenses and Permits and shall set
forth: the full name or names of the applicant or applicants, with
his, her, their or its post office address; an accurate description
of the open lot whereon the business is to be conducted, including
a sketch of such location; compliance with the zoning ordinance; the
portion of the lot to be used and the number of square feet to be
devoted to such business; the name or names of the owner or owners
of such open lot, with his, her, their or its post office address.
[1999 Code § 5.32.040]
b.
The Supervisor of Licenses and Permits shall issue such license under
his or her hand and the seal of the Township. Such license shall run
for a period of one year commencing November 1st and ending October
31 of any year. If at the time of the application for a license under
the provisions of this section, less than six (6) months of the licensed
year has expired, the applicant shall be required to pay the full
fee for the year; if six (6) months shall have expired, the applicant
shall be required to pay one-half (1/2) of the fee for the year.
c.
No license shall be issued to any person convicted of a crime involving
moral turpitude.
[1999 Code § 5.32.050]
Within ten (10) days after any such license is granted hereunder,
the area included in the license shall be enclosed by a fence, which
fence shall be not less than eighteen (18) inches in height and shall
be of sturdy construction conforming to the requirements of the building
code. There shall be no openings for entrance or exit in such fence
along the street line except where the curb has been lowered in accordance
with the rules of the Township Engineer's Office or, where the licensed
premises front on a County road, then from the County Engineer's Office,
and such opening or openings shall not exceed in number or width the
portions of the curb so lowered; provided that where the street curb
has not been lowered, an entrance to the licensed premises through
such fence not exceeding four (4) feet in width, shall be permitted.
All such fences shall be at all times maintained and kept in proper
repair during the period covered by the license. No fence shall be
required where a building wall other than a residence building wall
marks the boundary of the area licensed.
[1999 Code § 5.32.060]
No person, persons, firm or corporation shall conduct, operate
or carry on the business of an open-air parking station for the sale
or exchange of motor vehicles between the hours of 10:00 p.m. and
6:00 a.m. of the following day.
[1999 Code § 5.32.070]
No motor vehicle shall be exhibited, stored, parked or located
for sale or exchange under the license issued hereunder within ten
(10) feet of any building occupied as a residence.
[1999 Code § 5.32.080]
No license issued hereunder shall be assigned unless application
therefor is made to the Division of Licenses and Permits and its approval
obtained, and no license shall be transferred to a different location
than that for which issued unless application therefor is made to
the Division of Licenses and Permits and its approval obtained.
[1999 Code § 5.32.090]
No motor vehicle shall be exhibited, stored, parked, located
or kept under the license issued hereunder except upon the premises
described in the application therefor, and this shall not be construed
to include the sidewalk or street or streets upon which the premises
abut.
[1999 Code § 5.32.100]
This section is enacted for the purpose of raising revenue as
well as for the regulation and control of the business sought to be
licensed hereunder.
[1999 Code § 5.32.110]
The Supervisor of Licenses and Permits of the Township may suspend
or revoke at any time any license issued hereunder after public hearing,
on which five days' notice in writing shall be given to the licensee
by serving the same personally upon him or by mailing the same to
the address shown in the application for such license, if the licensee
shall have violated any of the terms of this section.
[1999 Code § 5.32.120]
Any person who shall violate any of the provisions of this section shall, in addition to the suspension or revocation of his or her license as hereinbefore provided, be liable to the penalty stated in Chapter I, Section 1-5, and every day of such violation shall be deemed and taken to be a separate and distinct offense.
[1999 Code § 5.32.130]
It shall be the duty of the Division of Licenses and Permits
or its representative to supervise the operation of all such open-air
parking stations and to prosecute all violations thereof in the Municipal
Court.
[1]
Editor's Note: Prior ordinance history includes portions of
1999 Code §§ 5.44.010 — 5.44.060.
[Ord. No. O.1737-2010§ I]
- PAWNBROKER
- Shall mean any person, partnership, association or corporation lending money on deposit or pledge of personal property, other than choses in action, securities, or printed evidences of indebtedness; or purchasing personal property on condition of selling it back at a stipulated price; or doing business as furniture storage warehouseman and lending money on goods, wares or merchandise pledged or deposited as collateral security.
- PERSON
- Shall mean individual natural persons, partnerships, joint ventures, societies, associates, clubs, trustees, trusts, corporations 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.
- PLEDGE
- Shall mean an article or articles deposited with a pawnbroker in the course of his business.
- PLEDGER
- Shall mean a person who delivers the pledge into the possession of a pawnbroker, unless such person discloses that he is or was acting for another, and in such an event "pledger" means the disclosed principal.
- PRECIOUS METALS AND GEMS
- Shall mean items comprised of gold, silver, platinum, palladium and alloys thereof, gems, coins, containing precious metals and all forms of previously owned jewelry which contain precious metals.
- PRECIOUS METALS AND GEMS BUYER
- Shall mean a person engaged in the business of purchasing metals, gems, coins, containing precious metals and all forms or previously owned jewelry, either as a primary business or in connection with another business, from any person who is not in the business of selling precious metals as required under N.J.S.A. 51:6A-1 to 51:6A-8 including but not limited to business commonly referred to as "jewelry stores."
- SECONDHAND GOODS
- Shall mean all forms of previously owned goods, including but not limited to: antiques, furniture, watches, china, crystal, paintings, precious metals and gems and goods containing precious metals and gems.
[Ord. No. O.1737-2010§ I]
The purpose and intent of this Section 11-16 is to provide licensing and regulation of individuals dealing in precious metals, gems, secondhand goods and pawn brokering to protect the residents of Edison, and those transacting business in the Township of Edison as permitted, in part by N.J.S.A. 51:6A-1 et seq. Further, the licensing and regulations of these individuals will further assist the Edison Police Department and others in recovering stolen goods. In addition, in regard to precious metals and gems, this Section 11-16 shall be complied with in addition to the laws, rules and regulations as contained in N.J.S.A. 51:6A-1 et seq. and N.J.A.C. 13:47C-1.1 et seq.
[Ord. No. O.1737-2010§ I]
Any person, partnership or corporation in the full- or part-time
business or purchasing gold, silver, precious metals and gems in Edison
Township shall maintain a written record of all purchases, precious
metals or jewels in the Edison Township must, prior to engaging in
such business, be duly licensed by the Township. The licensing procedure
is to be accomplished as follows.
[Ord. No. O.1737-2010§ I]
a.
The business entity shall authorize a representative to complete
a registration application.
b.
The registration application shall be made available to persons wishing
to secure same through the Township Clerk's office.
c.
The registration shall thereafter be filed with the Chief of Police
or his designee.
d.
The registration form shall be executed by that person or persons
who are responsible for the day-to-day operation of the business.
Where a corporation is involved, the president of the corporation
shall sign same, and, where partnerships are involved, the managing
partner shall sign same.
e.
The registration form shall contain the following information:
1.
The names and current addresses and telephone numbers of all principals
of the business. If the business is a corporation, then the information
shall include the names and current addresses and telephone numbers
of all stockholders.
2.
The place or places where the business entity shall operate from,
as well as a listing of the hours when the entity proposes to conduct
business.
3.
The names and addresses of three (3) business references.
4.
A statement by the applicant that no principal of the business entity
has any arrests or convictions of any crimes. In cases of a corporation,
the certification shall apply to all stockholders. If there is an
arrest or conviction record, same must be disclosed.
5.
A list of business and home addresses of all principals of the business
for the past five (5) years.
6.
The registration must also include a photograph of the person who
will manage the day-to-day operation of the business, and that individual
must also agree to be fingerprinted by the Division of Police.
[Ord. No. O.1737-2010§ I]
As to those business entities which are governed by this section
and who are already doing business in the Township prior to the effective
date of this section, then the businesses shall be licensed within
thirty (30) days of the effective date of this section.
[Ord. No. O.1737-2010§ I]
The annual fee for the license shall be one hundred ($100.00)
dollars. All such licenses shall be issued for a period of one (1)
year commencing January 1 and expiring December 31 next following
the date of issuance, and there shall be no rebate for any lesser
time. The license shall be conspicuously exhibited upon the premises
licensed thereunder.
[Ord. No. O.1737-2010§ I]
Any person, partnership or corporation in the business of buying
precious metals or gems who buys, attempts to buy or offers to buy
precious metals or gems on the basis of bulk value from any person
who is not in the business of selling precious metals or gems in Edison
Township shall maintain a written record of all purchases and shall
be subject to this section.
[Ord. No. O.1737-2010§ I]
The record shall be in a book, non-loose-leaf form, with all
pages numbered in sequence. All entries shall be made in pen or ink.
There shall be no spaces between entries, and each entry shall be
numbered in sequence.
[Ord. No. O.1737-2010§ I]
The record shall contain the following information:
[Ord. No. O.1737-2010§ I]
The purchaser shall require that the seller present two (2)
current and reliable forms of identification. One of the forms of
identification shall bear a photograph of the seller. The record shall
reflect the nature of the identifications presented.
[Ord. No. O.1737-2010§ I]
The purchaser shall make the record available for inspection
to any law enforcement officer, upon demand, without the need for
advance notice. The record shall be kept at the purchaser's business
premises. The records shall be maintained for two (2) years from the
date of purchase.
[Ord. No. O.1737-2010§ I]
Each dealer doing business in Edison Township shall deliver
to the Chief of Police or his designee, on forms prescribed by the
Edison Township Division of Police a description of all items purchased,
received or sold, within twenty-four (24) hours of the completion
of the transaction, except for transactions conducted on Saturday
in which said list shall be delivered to the Police Department by
no later than 12:00 noon of the Monday following.
[Ord. No. O.1737-2010§ I]
No dealer shall sell, melt, change the form of or dispose of
any articles purchased or received for a period of ten (10) days from
the date the notification is made to the Chief of Police or his designee.
All such items shall remain on the premises where the purchase was
made until the expiration of the time period set forth herein.
[Ord. No. O.1737-2010§ I]
Any person who shall violate any provision of this section or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1999 Code § 8.136.010]
As used in this section:
- HEALTH OFFICER
- Means the administrative officer of the Edison Health Department and/or his or her authorized representatives.
- LICENSED PREMISES
- Means any place licensed by the State of New Jersey to primarily sell at retail beer, wine or mixed spirits for consumption on the premises.
- PERSON
- Means an individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- TOBACCO
- Means any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
- TOBACCO RETAILER
- Means any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use and shall mean a person or entity that owns or operates a vending machine and/or a vending machine location.
- VENDING MACHINE
- Means any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
- VENDING MACHINE LOCATION
- Means the room, enclosure, space or area where a tobacco vending machine is installed and operated.
[1999 Code § 8.136.020]
Pursuant to N.J.S.A. 2C:33-13.1 and N.J.S.A. 2A:170-51.4, it
is unlawful for anyone, including a tobacco retailer, to sell, give
or permit to be sold or given to a person under nineteen (19) years
of age tobacco in any form.
[1999 Code § 8.136.030]
It is unlawful for a tobacco retailer to sell or permit tobacco
products to be sold to any individual under the age of nineteen (19)
years, unless the seller has a reasonable basis for determining that
the buyer is of legal age (nineteen (19) or over).
[1999 Code § 8.136.040]
It is unlawful for any tobacco retailer to allow, suffer or
permit the sale of tobacco products on his or her premises by any
person under the age of eighteen (18) years.
[1999 Code § 8.136.050]
a.
It is unlawful for a tobacco retailer to offer for sale or to sell
any tobacco product through a vending machine in this Municipality,
except in the following instances:
1.
In any premises or portion thereof to which access by minors is expressly
prohibited by law or by the expressed policy of the owner of the premises;
provided, however, that the tobacco vending machine is:
(a)
Located fully within such premises or section of premises from
which minors are prohibited,
(b)
Not less than twenty (20) feet distant from all entrance and/or
exitways. If twenty (20) feet is not practical, the machine may be
placed in a location, approved by the Health Officer or his or her
designee, which is less than twenty (20) feet distant but sufficiently
restrictive as to effectively limit access by minors,
(c)
Under the visual supervision of the tobacco retailer or his
or her adult employee, so that all purchases from the machine are
readily observable;
2.
In commercial buildings or industrial plants or portions thereof
where the public is generally not given access and where such machines
are intended for the use of the adult employees therein or other adults,
provided that the tobacco vending machine is:
(a)
Located within the immediate vicinity of or in plain view of
and under the control of a responsible employee of nineteen (19) years
of age or older,
(b)
Not located in a coat room, rest-room waiting area or similar
unmonitored area and is inaccessible to the public when the establishment
is closed;
3.
In any premises or portion thereof where the principal use is for
the retail sale of alcoholic beverages pursuant to the New Jersey
Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., where access
by persons under nineteen (19) years of age is prohibited by law,
provided that the tobacco vending machine is:
(a)
Located fully within such premises or section of premises from
which minors are prohibited,
(b)
Not less than twenty (20) feet distant from all entrance and/or
exitways. If twenty (20) feet is not practical, the machine may be
placed in a location, approved by the Health Officer or his or her
designee, which is less than twenty (20) feet distant but sufficiently
restrictive as to effectively limit access by minors.
b.
In all other instances, locations and places, a tobacco vending machine
shall be permitted to operate only if the operation of the machine
to vend tobacco products is possible only by the activation of an
electronic switch or other device which is controlled by the tobacco
retailer or his or her designated adult employee and only after the
tobacco retailer or his or her adult employee has made the reasonable
determination that the person wishing to use the tobacco vending machine
is nineteen (19) years of age or older. The electronic switch or device
shall operate in such a fashion that the vending machine shall remain
in the "off" position until activated for each individual sale.
c.
All vending machines, regardless of their location, shall display
a sign affixed to the machine, in a form designated by the Township
Department of Health, which advises a purchaser that it is a violation
of State law and the ordinances of the Township to sell any tobacco
product to a person under nineteen (19) years of age. The sign shall
further list the penalties for illegal sale as provided by this section.
[1999 Code § 8.136.060]
It is unlawful for a tobacco retailer to operate a tobacco vending
machine in any premises or portion thereof located within three hundred
(300) feet of any public or private school or other property used
primarily for school activities.
[1999 Code § 8.136.070]
No tobacco product shall be offered for sale by the use of self-service
displays which allow a purchaser to select a tobacco product by themselves
without the same being dispensed by an adult employee.
[1999 Code § 8.136.080]
It is unlawful for any tobacco retailer responsible for the operation of a tobacco vending machine to remove, disconnect or otherwise disable or permit another person to remove, disconnect or otherwise disable the remotely activated electronic switch or device on a tobacco vending machine in a location where subsection 11-17.5 provides for a vending machine to be so equipped.
[1999 Code § 8.136.090]
A tobacco vending machine which is not permitted under this
section may be seized, forfeited and disposed of in the same manner
as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any
machine so seized shall be returned to its owner upon payment of the
reasonable costs incurred in connection with the seizure and any fine
imposed by the Municipal Court.
[1999 Code § 8.136.100]
a.
No person, directly or indirectly, acting as an agent or otherwise,
shall distribute for commercial purposes at no cost, or at minimal
cost, or with coupons or rebate offers, or sell, give or furnish to
a minor under the age of eighteen (18) years, cigarette rolling papers,
pipes or other tobacco paraphernalia utilized to consume tobacco,
either from a vending machine or by retail counter sales.
b.
Verification Required. Prior to the sale of any such item, the retailer
shall first verify, by means of photographic identification containing
the bearer's date of birth, that the person purchasing the product
is eighteen (18) years of age or older. Verification by photographic
identification shall not be required for any person over the age of
twenty-six (26).
c.
Violations and Penalties. Any retailer that violates this section
shall be subject to a fine not to exceed two hundred fifty ($250.00)
dollars.
[1999 Code § 8.136.110]
a.
Whenever the Health Officer or his or her designee or any Police
Officer or other law enforcement officer reasonably believes there
exists a violation of this section, he or she may issue a summons
and complaint not later than sixty (60) days after discovery of the
alleged violation. The complaint shall be written and shall state
with reasonable particularity the nature of the violation, including
reference to the subsection of this section alleged to have been violated.
The complaint may be personally delivered or may be sent by certified
mail and regular mail to the alleged violator.
b.
The Health Officer or his or her designee or any other person charged
with enforcement of this section, after giving proper identification,
may inspect any matter, thing, premises or place as may be necessary
for the proper enforcement hereof.
c.
It is unlawful for any person to oppose or otherwise obstruct the
Health Officer or his or her designee in the performance of duties
hereunder, and he or she may request the assistance of a law enforcement
agency or peace officer when necessary to execute his or her official
duty in a manner prescribed by law.
[1999 Code § 8.136.120]
Unless otherwise provided by law, statute or ordinance, any
person charged with violating any of the provisions of this section
shall, upon conviction thereof, pay a penalty of not less than two
hundred fifty ($250.00) dollars nor more than five hundred ($500.00)
dollars for each offense.
a.
Each sale of tobacco to a minor shall constitute a separate offense.
b.
The Board of Health, in addition to the monetary penalties prescribed
herein, may suspend the retail food establishment license of any person
or entity convicted of a second or subsequent violation of this section
within any two-year period for not more than one (1) day and for not
more than three (3) days for any third or subsequent offense, pursuant
to the authority of the Board to license and regulate food establishments,
as provided by N.J.S.A. 26:3-31c.
c.
The Municipal Court of this Municipality, in addition to the monetary
penalties prescribed herein, may order the suspension of the operation
of any nonretail food business convicted of a second or subsequent
violation of this section within any two-year period for not more
than one (1) day and for not more than three (3) days for any third
or subsequent offense.
[1999 Code § 12.20.010]
As used in this section:
- PUBLIC ENTERTAINMENT
- Means any event, including but not limited to a circus, carnival, fair, festival, concert or exhibition, expected to be attended by one thousand (1,000) or more people at any one (1) time.
[1999 Code § 12.20.020]
a.
No person, group of persons, partnership, association or corporation
or any combination thereof shall maintain, conduct, promote or operate
on any lands or premises within the Township, other than in established
theaters, auditoriums or other places licensed or permitted for public
occupancy as limited by law, any use thereof for the purposes of entertaining
the general public if a fee or admission is charged or voluntary contributions
solicited, except pursuant to a special permit issued therefor by
the Township as hereinafter provided.
b.
No owner, lessee, licensee or other person, partnership, association
or corporation having any right to or interest in any real property
within the jurisdiction of the Township shall license, rent, lease
or otherwise permit the use of such real property or any part thereof
for the use of any mass gathering if a fee or admission is charged
or voluntary contributions solicited other than in established theaters,
auditoriums or other places licensed for public occupancy as limited
by law, except pursuant to a special permit issued therefor by the
Director of Public Safety as hereinafter provided.
[1999 Code § 12.20.030]
a.
The Director of Public Safety shall issue a special permit herein
upon written application made by such person, partnership, association
or corporation or combination thereof who proposes to maintain, conduct,
promote or operate such public entertainment, together with the owner,
lessor or licensor who proposes to rent, lease, license or otherwise
permit such public entertainment, hereafter designated as the "applicant."
1.
The applicant shall file a verified application with the Director
of Public Safety at least fifteen (15) days before the first day of
advertising and at least ninety (90) days before the first day of
the public entertainment.
b.
All applications shall be in such form as prescribed hereunder and
shall be accompanied by the required filing fee of one thousand ($1,000.00)
dollars. The fee shall be waived for bona fide nonprofit service organizations.
c.
The Director of Public Safety shall, within thirty (30) days issue
a permit upon such terms and conditions to ensure the public health,
safety and welfare. If the Director of Public Safety rejects the application,
it shall set forth in writing the reason for the rejection.
[1999 Code § 12.20.040]
a.
The application shall be signed by all persons having a financial
interest in the event and by the property owners on whose property
the proposed event is to take place.
b.
The permit application shall include the following information:
1.
The applicant's full name, residence, telephone number, post office
address and whether such applicant is an individual, partnership,
firm, corporation or a governmental unit or agency of the State or
local government. All applicants shall submit a financial statement
with their application, except that such statement shall not be required
of a unit of State or local government;
2.
A diagrammatic sketch plan of the proposed site of the public entertainment
showing the locations and dimensions of the proposed service roads,
potable water facilities, sanitary facilities, sewage disposal facilities,
medical service facilities, distribution of security personnel and
provisions for food storage, as well as camping facilities and projected
plans for enclosure, if necessary, of the proposed site;
3.
A statement of the purposes of the gathering and a program of events
scheduled;
4.
If the property on which the gathering is to take place is not owned
by the applicant, then the names of the lessor or licensor and a copy
of the lease or license between the owner and the applicant;
5.
A statement of the number of persons expected to attend such event
and the duration of such attendance;
6.
The specific details, including certified copies of contracts entered
into or provisions relating to:
(a)
Food and drink;
(b)
Sanitary facilities;
(c)
Transportation and parking facilities;
(d)
Security and protection of surrounding area, including specific
reference to the number of guards or special police assisting in the
control of traffic and supervision of those attending. The contract
should indicate the number of security guards in shifts to cover the
event from a period of three (3) days prior to the event until the
area is cleaned and evacuated after the event. Such provisions shall
be reviewed and approved by the Township Division of Police;
(e)
On-site medical facilities and hospital care;
(f)
Janitorial services and post-gathering trash removal. A contract
indicating the number of janitorial and clean-up personnel in shifts
to cover the area prior to the event, during the event and until the
area is evacuated;
(g)
Outline of the action to be taken to ensure the cleanup and
restoration of the area at which such event takes place within forty-eight
(48) hours after the close of the event;
(h)
Provisions for fire prevention and safety as recommended and
approved by the Township Division of Fire.
7.
A statement containing the names of licensed ticket printers to be
used and the plans for assuring the return of monies upon the termination
or cancellation of the events as well as the means of notifying potential
and existing ticket holders of such cancellation;
8.
Examples of proposed advertising of the event, if any;
9.
Bond or other arrangement.
(a)
A certified copy of a bond or verified evidence of other suitable
financial arrangements, as hereinafter required, must be attached
to the application to include:
(1)
Reimbursement to ticket purchasers in the event of termination
or cancellation of the event of or failure of the applicant to conduct
the event as proposed and advertised,
(2)
Clean up and restoration of the area at which such event takes
place within forty-eight (48) hours after the close of the event,
(3)
Payment to any volunteer organizations of the Township who have
agreed to provide services for the event.
(b)
The bond or other suitable financial arrangements shall be in
accordance with the following formula: number of tickets printed times
admission fee for each ticket printed plus two ($2.00) dollars per
printed ticket equals minimum amount of bond or other security;
10.
An insurance policy covering liability, personal property and bodily
damage in such amounts to be fixed by the Director of the Division
of Public Safety.
c.
Designated representatives of the Township Divisions of Police and
Fire and Department of Health shall be permitted to inspect at any
time the site of the event for the purpose of investigating the application
and for the purpose of ensuring compliance with the provisions of
this section.
d.
The applicant, prior to the event, shall post a bond suitable to
the Director of Public Safety as the amount and surety, pursuant to
paragraph b9 above.
[1999 Code § 12.20.050]
All public entertainment events shall cease operations no later
than 12:00 midnight.
All applicants shall be subject to the Edison Noise Regulations
found in Chapter X, Police Regulations except the hours for loudspeakers
and public address systems shall be extended to the hour of 12:00
midnight.
[1999 Code § 12.20.060]
All applicants shall be subject to Edison Township zoning and/or
planning ordinances and secure necessary approvals from Edison Township
Zoning and/or Planning Boards if warranted.
[1999 Code § 12.20.070]
Denial of a public entertainment permit by the Public Safety
Director shall be appealable to the Edison Township Council no later
than ten (10) days from the date of denial.
[1999 Code § 5.68.060]
a.
Operation on Sundays Permitted. Organizations, societies and associations
duly licensed to hold and operate legalized games of chance under
the provisions of N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq.
are authorized pursuant to N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58 to
hold, conduct and operate authorized games of chance in the Township
on Sundays.
[Ord. No. O.1538-2006]
The Municipal Clerk is hereby delegated the authority to act
as the "issuing authority" to approve the granting of raffle and bingo
licenses.
[Ord. No. O.1538-2006]
The License Fees for Raffle and Bingo Licenses shall be the
same as established by the State of New Jersey.
[Ord. No. O.1541-2006]
a.
Instant raffle games shall mean a non-draw raffle game in which a
player purchases shares, tickets, or rights to participate and the
winner is determined by a previously determined prize designation
which has been obscured from the player's view until a tab or other
opaque covering has been removed.
b.
No qualified organization shall conduct an instant raffle without
first obtaining a license from the Township. The organization is required
to pay the State Legalized Games of Chance license fee. The Municipal
license fee will be exempt.
[Ord. No. O.1533-2006]
Any applicant seeking a permit to display or discharge fireworks
must submit an application at least twenty-one (21) days prior to
date of the display or discharge of the fireworks. In accordance with
N.J.A.C. 5:70-2, et seq., each application shall be accompanied by
a three hundred thirty-one ($331.00) dollar permit fee.
[Ord. No. O.1533-2006]
At the time the firework permit application is submitted, the
applicant will be required to post a cash bond in the amount of two
thousand five hundred ($2,500.00) dollars to cover the payment of
any potential damages, in accordance with N.J.S.A. 21:3-5.
[Ord. No. O.1533-2006]
At the time the firework permit application is submitted, the
applicant will be required to post a cash escrow fee in the amount
of five hundred ($500.00) dollars for legal review of the fireworks
permit application and expenses associated with the drafting of any
resolution authorizing Township Council to grant any such fireworks
permit.
[Ord. No. O.1533-2006]
Upon receipt of the firework permit application, the Township
Attorney will review the application to ensure that the applicant
has appropriate insurance to conduct such a display. Additionally,
each application will be forwarded in accordance to N.J.S.A. 21:3-3
to the Chief of the Division of Police and Chief of the Division of
Fire for review. Both the Chief of the Division of Police and the
Chief of the Division of Fire must make a determination that the planned
fireworks display is safe and that the discharge of fireworks does
not pose a hazard to anyone's property and/or person(s).
[Ord. No. O.1533-2006]
Upon successful application review, the Department of Law will
be required to draft a resolution authorizing the Township Council
to issue the fireworks permit. In accordance with N.J.A.C. 5:70-2.7(a)5(iii),
the Township Council has the sole authority to issue a permit to discharge
or display fireworks. The resolution must pass by a majority vote.
[Ord. No. O.1533-2006]
Upon the passage of the resolution authorizing the Township
Council to issue a fireworks permit, the Chief Fire Inspector will
issue a fireworks permit to the applicant. The permit shall be issued
in accordance to N.J.S.A. 21:3-4 entitled "Contents of applications
for permits; approval of storage place; permit nontransferable."
[1999 Code § 8.20.010]
The Edison Township Council finds and declares that:
a.
The handling, storage, use, processing and disposal of toxic chemicals,
radioactive materials and hazardous wastes may endanger the public
health, safety and welfare of citizens of this Township and may result
in these substances entering the ground and waters of Edison Township.
b.
It is necessary for the protection of the citizens of this Township
that persons and entities that handle, store, use, process or dispose
of toxic chemicals, radioactive materials and hazardous wastes in
the Township identify themselves and disclose the identity, amount
and location of those substances.
c.
Disclosure is necessary to ensure quick and appropriate response
created by the handling, storage, use, processing or disposal of toxic
chemicals, radioactive material and hazardous wastes so that the source
of such chemicals, materials and wastes may be identified quickly
in the event of an emergency and so that the Township may acquire
information on the location of persons and entities using or storing
such chemicals, materials or wastes.
[1999 Code § 8.20.020]
As used in this section:
- HAZARDOUS SUBSTANCES
- Means:
a.
Petroleum and petroleum compounds;
b.
All pesticides designated as "prohibited," "restricted" or "specially
restricted" pursuant to New Jersey Pesticide Control Act of 1971,
N.J.S.A. 13:1F-1 et seq. at N.J.A.C. 7:30-2.1 et seq.;
c.
Substances identified as hazardous by the Federal Environmental Protection
Agency at 40 R.F. 59961, December 30, 1975, proposed pursuant to Section
311 (b)(2)(A) of the Federal Water Pollution Control Act Amendments
of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251
et seq.) and the list of toxic pollutants designed by Congress or
the Environmental Protection Agency pursuant to Section 307 of that
Act.
[1999 Code § 8.20.030]
It is unlawful for any person, firm or corporation to conduct,
engage in or carry on any business, trade, occupation or activity,
within the Township, which involves the handling, storage, transportation,
use, processing or disposal of hazardous substances without having
first complied with the provisions of this section and obtained a
registration certificate therefor as is herein provided. This certificate
must be renewed on an annual basis. The period shall run from April
1 to March 31. Any department may issue a summons for failure to register
as required by this section.
[1999 Code § 8.20.040]
Forms for registration and applications therefor shall be prepared
and kept on file by the Division of Licenses and Permits. Applications
shall be made in writing to the Division of Licenses and Permits which
shall issue the registration certificate.
[1999 Code § 8.20.050]
a.
Qualifications of any applicant for a certificate or renewal thereof
to determine whether the applicant has complied with the general laws
and statutes of the United States of America, the State of New Jersey
and this Code, shall be made in accordance with the following standards:
1.
Police regulations and laws;
2.
The zoning ordinance of the Township of Edison;
3.
The Building Code;
4.
The Health Code;
5.
The Fire Prevention Code;
6.
The reports of all municipal officers required under this section;
7.
Other general laws and public health statutes and codes of the State
of New Jersey applicable to this Municipality;
8.
The history of the applicant regarding past violations and the applicant's
continued compliance with registration requirements.
b.
A complete copy of these reports shall be maintained in the files
of the Edison Division of Fire.
c.
Any violations which are discovered shall be abated, it being the
responsibility of the appropriate department and that department alone
to enforce violations to its code.
[1999 Code § 8.20.060]
Whenever inspections of the premises used for or in connection
with the operation of any activity, business or occupation are provided
for or required by ordinance, or are reasonably necessary to secure
compliance with any ordinance provision or to detect violations thereof,
it shall be the duty of the management in charge of the premises to
be inspected, to admit thereto for the purpose of making the inspection,
any officer or employee of the Township who is authorized or directed
to make such inspection, at any reasonable time that admission is
requested.
[1999 Code § 8.20.070]
Certificates issued under this section shall be posted at the
place of business shown on the certificate in a conspicuous place.
The certificate shall remain posted for the duration of the licensing
year when issued and so long as the registered business is in operation.
[1999 Code § 8.20.080]
The fees herein imposed for registration certificates may be
revenue-producing in nature, but such fees are intended primarily
to cover the costs of inspections and registration of such businesses
and to ensure compliance with the laws of the State and the ordinances
of this Municipality. It is the legislative intent of this section
to ensure the fact that all businesses of whatsoever kind and wheresoever
located in this Township shall be inspected annually to obtain compliance
with the laws as aforesaid.
[1999 Code § 8.20.090]
The registration fee to be paid for conducting or engaging in
the business, trades or activities set forth in the registration certificate
required section shall be ten ($10.00) dollars, the name used being
a designation of such business, trade or activity required to be registered.
This fee is to be collected when the application is accepted or the
application shall not be processed. There shall be no prorated fee
for applicants for a partial year.
[1999 Code § 8.20.100]
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation violating any subsection of this section, shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. Every day of noncompliance with this section shall constitute a separate offense and subject to punishment as provided by this subsection.
[1999 Code § 5.24.010]
The Municipal Council of the Township finds that there are often
complaints made by homeowners and commercial property owners and proprietors
against home remodelers and other businesses and individuals engaged
in the practice of restructuring, altering, rebuilding or otherwise
replacing existing home structures and commercial properties.
It is the purpose of this section to protect the home owner
and commercial property owner against abuse, frauds and deceptive
practices in order to regulate these businesses and individuals in
the home and commercial property remodeling business.
[1999 Code § 5.24.020]
As used in this section:
- BUILDING
- Means any structure containing no more than four (4) residences or dwelling units.
- COMMERCIAL PROPERTY
- Means a business or proprietorship operating in a store or other commercial structure that provides, sells or in any way engages in the business of providing a product or service to the general public.
- CONTRACTOR
- Means any person or salesman, other than a bona fide employee of the owner, who owns, operates, maintains, conducts, controls or transacts a home improvement business and who undertakes or offers to undertake or agrees to perform any home improvement or solicits any contract therefor, whether or not such person is licensed or subject to the licensing requirements of this section and whether or not such person is a prime contractor or sub-contractor with respect to the owner.
- DIAMETER OF BREAST HEIGHT (D.B.H.)
- Means the diameter of tree measured at breast height, approximately four and one-half (4.5) feet from the ground.
- DIRECTOR
- Means the Business Administrator and/or his or her designee.
- HOME IMPROVEMENT
- Means the construction, demolition, repair, replacement, remodeling, alteration, conversion, rehabilitation, renovation, modernization, improvement or addition to any land or building, or that portion thereof which is used or designed to be used as a residence or dwelling place and shall include but not be limited to the construction, erection, replacement or improvement of swimming pools, driveways, terraces, patios, porches, garages, closets, kitchens, bathrooms, fire protection devices, alarm systems, water softeners, heaters, purifiers, solar heating or water systems, aluminum and vinyl siding, carpentry, cesspool and septic tanks, masonry, roofing and other improvements to structures or upon land which is adjacent to a dwelling house.
a.
Home improvement shall not include:
1.
The construction of a new home building or work done by a contractor
in compliance with a guarantee of completion of a new building project;
2.
The sale of goods or materials by a seller who neither arranges to
perform nor performs directly or indirectly any work or labor in connection
with the installation of or application of the goods or materials;
3.
Residences owned by or controlled by the State or any municipal subdivision
thereof;
4.
Painting or decorating of a building, residence, home or apartment,
when not incidental or related to home improvement work as herein
defined.
b.
Without regard to the extent of affixation, home improvement shall
also include the installation of air conditioning systems, storm windows,
fire or burglar alarms, or communication systems, the insulation of
a structure or the demolition of a structure.
c.
Home improvement shall also include any persons engaged in the business
of tree pruning, tree and/or stump removal upon land which is adjacent
to a dwelling.
- HOME IMPROVEMENT CONTRACT
- Means an agreement, whether oral or written, or contained in one (1) or more documents, between a contractor and an owner; or contractor and a tenant; regardless of the number of residence or dwelling units contained in the building in which the tenant resides, provided that the work is to be performed in, to or upon the residence or dwelling unit of such tenant, for the performance of a home improvement, and includes all labor, service and materials to be furnished and performed thereunder.
- HOME IMPROVEMENT ESTABLISHMENT
- Means any shop, establishment, place or premises where the home improvement business is transacted or carried on.
- LICENSEE
- Means a person permitted to engage in the home improvement business under the provision of this section.
- OWNER
- Means any homeowner, condominium unit owner, tenant, or any other person who orders, contracts for or purchases the home improvement services of a contractor or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract.
- PERSONS
- Means an individual, firm, company, salesman, partnership or corporation, trade group or association.
- SALESPERSON
- Means any individual who negotiates or offers to negotiate a home improvement contract with an owner or who solicits or otherwise endeavors to procure in person a home improvement contract from an owner on behalf of a contractor, or for himself or herself should the salesman be also the contractor, whether or not such person is licensed or subject to the licensing requirements of this section.
- TREE
- Means any deciduous or coniferous species which reaches a typical mature height of ten (10) feet or more. An individual tree for the purpose of this section has a D.B.H. of four (4) inches or greater. A specimen with multiple trunks will be considered an individual tree with a D.B.H. of one-half (1/2) of the sum of the diameters of the trunks.
[1999 Code § 5.24.030]
a.
No person shall solicit, canvass, sell, perform or obtain a home
improvement contract as a contractor salesman from an owner without
a license therefor.
b.
A license issued pursuant to this section may not be construed to
authorize the licensee to perform any particular type of work or engage
in any kind of business which is reserved to qualified licensees under
separate provisions of State or local law, nor shall any license or
authority other than as it is issued or permitted pursuant to this
section authorize engaging in the home improvement business.
[1999 Code § 5.24.040]
a.
License to conduct home improvement business; salesperson's license.
b.
All licenses will be issued for a one-year period unless the license
shall be suspended or revoked by the director pursuant to this section.
c.
The fee for the licenses required under this section shall be two
hundred ($200.00) dollars. The fee for duplicate licenses required
under this section shall be twenty ($20.00) dollars. Fees for aforesaid
licenses shall be approved by the Municipal Council and published
in the Municipal Clerk's office by June 1 of each year and be effective
on July 1 of each year. Licenses not issued on or before July 1 of
the calendar year shall be issued on a pro-rated basis as follows:
|
Date of Issue for License
|
Fee
| |
|---|---|---|
|
1.
|
July, August, September
|
$200.00
|
|
2.
|
October, November, December
|
$150.00
|
|
3.
|
January, February, March
|
$100.00
|
|
4.
|
April, May, June
|
$50.00
|
[1999 Code § 5.24.050]
a.
No license shall be assignable or transferable.
b.
Every license shall, within ten (10) days after a change of control
in ownership or of management or of change of address or trade name,
notify the director of each change.
c.
A license issued hereunder shall at all times be posted in a conspicuous
place in the place of business of the licensee.
d.
A duplicate license may be issued for one lost or mutilated and shall
bear the word "duplicate" stamped across its face.
e.
Business Administrator. In addition to the powers and duties elsewhere
prescribed in this section, the Business Administrator shall have
the power:
1.
To appoint an adequate number of assistants, inspectors and other
employees as may be necessary to carry out the provisions of this
section, to prescribe their duties, and to fix their compensation
within the amount appropriated therefor;
2.
To examine the qualifications and fitness of applicants for licenses
under this section;
3.
To keep a record of all licenses issued, suspended or revoked;
4.
At any time to require reasonable information of an applicant or
licensee, and may require the production of books of accounts, financial
statements, contracts or other records which relate to the home improvement
activity, qualification or compliance with this section by the licensee
provided, however, that such information and production of records
is required of him or her pursuant to its regular business and functions
under this section;
5.
To adopt rules and regulations related to the identification of salesperson.
[1999 Code § 5.24.060]
a.
An application for a license or renewal thereof shall be made to
the Business Administrator and/or his or her designee on a form prescribed
by him or her.
b.
A separate license shall be required for each piece of business.
c.
The application shall be filed only by the actual owner of a business,
shall be in writing, signed and under oath; it shall contain the office
address of the business; the name and residence address of the owner
or partner and if a corporation, trade group, or association, the
names and resident address of the directors and principal officers.
d.
The Business Administrator may require the names and residence addresses
of any employees of an applicant in addition to the name of insurance
carriers as well as the description of the insurance policies covering
the business for the most recent three (3) years, a list of the five
(5) most recent jobs performed by the prospective licensees as well
as a list of material suppliers, in addition to any other information
which the Business Administrator may deem advisable.
e.
Each applicant shall be over eighteen (18) years of age and of good
character.
f.
The application will be reviewed and the applicant notified as to
whether a license will be issued within seven (7) business days of
the Township's receipt of the application.
g.
All licensees must provide evidence of liability insurance in a minimum
Combined Single Limit (CSL) amount of one hundred thousand ($100,000.00)
dollars.
[1999 Code § 5.24.070]
The Business Administrator may make such rules and regulations
not inconsistent with the provisions of this section, as may be necessary
with respect to the form and content of applications for licenses,
the reception thereof, the investigation and examination of applicants
and their qualifications, and the other matters incidental or appropriate
to his or her powers and duties as prescribed by this section and
for the proper administration and endorsements of the provisions of
this section, and to amend or repeal any such rules and regulations.
[1999 Code § 5.24.080]
The following acts are prohibited:
a.
Abandonment or willful failure to perform, without justification,
any home improvement contract, commercial business or storefront improvement
project or other such project engaged in or undertaken by a contractor
or willful deviation from or disregard of plans or specifications
in any material respect with the written consent of the owner;
b.
Making any substantial misrepresentation in the solicitation or procurement
of a home improvement contract or commercial property or making any
false promise of character likely to influence, persuade or induce;
c.
Any fraud in the execution of, or in the material alteration of any
contract, mortgage, promissory note or other document incident to
a home improvement or commercial property transaction;
d.
Preparing or accepting any mortgage, promissory note, or other evidence
of indebtedness upon the obligations of a home improvement or commercial
property improvement transaction with knowledge that it recites a
greater monetary obligation than the agreed consideration for the
home improvement or commercial property improvement work;
e.
Directly or indirectly publishing any advertisement relating to home
improvement or commercial property improvement which contains an assertion,
representation, or statement of fact which is false, deceptive, or
misleading, provided that any advertisement which complies with the
then existing rules, regulations or guidelines of the Federal Trade
Commission shall not be deemed false, deceptive, or misleading; or
by any means of advertising or purporting to offer the general public
any home improvement or commercial property work with the intent not
to accept contracts for the particular work or at the price which
is advertised to the public;
f.
Failure to notify the Director of any change or control in ownership,
management or business name or business name or location;
g.
Conducting a home improvement or commercial property repair business
in any name other than the one in which the contractor is licensed;
h.
Willful failure to comply with any order, demand, rule, regulation,
or requirement made by the Director pursuant to provisions of this
section;
i.
As part of or in connection with the inducement to make a home improvement
or commercial property improvement contract, no person shall promise
or offer to pay credits or allow to a buyer any compensation or reward
for the procurement of a home improvement or commercial property improvement
contract with others;
j.
No salesperson:
1.
May concurrently represent more than one (1) contractor in the solicitation
or negotiation of any one (1) home improvement or commercial property
improvement contract from an owner. The use of a contract form which
fails to disclose a named contractor-principal, whether for the purpose
of offering the contract to various contractors other than the one
the salesperson purported to represent in negotiation or otherwise,
is prohibited. No salesperson may be authorized to select a prime
contractor on behalf of the owner,
2.
Shall accept or pay any compensation of any kind, for or on account
of a home improvement transaction, from or for any person other than
the contractor whom he or she represents with respect to the transaction;
k.
As a part of or in connection with the inducement to enter any home
improvement or commercial property contract:
1.
No person shall promise or offer to pay, credit or allow to any owner,
compensation or reward for the procurement or placing of a home improvement
business contract or commercial property contract with others.
2.
No contractor or salesman shall offer, deliver, pay, credit or allow
to the owner any gift, bonus award, or merchandise, trading stamps,
or cash loan as an inducement to enter a home improvement or commercial
business improvement contract.
3.
A contractor or salesperson may give items to prospective customers
for advertising or sales promotion purposes where the gift is not
conditioned upon obtaining a contract for home improvement or commercial
property improvement, provided no such item shall exceed a cost value
of five ($5.00) dollars and no owner and/or other person shall receive
more than one (1) such item in connection with any one (1) transaction.
[1999 Code § 5.24.090]
Any contractor, canvasser or seller of home improvements and
commercial property repairs who shall knowingly make any false or
fraudulent representations or statements to be made in respect to
the character of any sale, or the party authorizing the same, or as
to the quality, condition, or value of any property offered by him
or her for sale shall be deemed in violation of this section and,
upon conviction thereof, shall be punished in accordance with subsection
11-22.13.
[1999 Code § 5.24.100]
Any home improvement contract or commercial property improvement
entered into between a contractor and an owner shall comply with the
provisions of the Home Repair Financing Act.
[1999 Code § 5.24.110]
No contractor's license shall be required in the following instances:
a.
An individual who performs labor or services for a contractor for
wages or salary;
b.
A plumber, electrician, architect, professional engineer or any other
such person who is required by State or municipal ordinance to attain
standards of competency or experience as a prerequisite to engaging
in such craft or profession and who is acting exclusively within the
scope of the craft or profession for which he is currently licensed
pursuant to such other law;
c.
Any retail clerk, clerical, administrative or other employee of a
licensed contractor, as to a transaction on the premises of the contractor;
d.
This section shall not apply to or affect the validity of a home
improvement contract or commercial property improvement contract otherwise
within the purview of this section which is made prior to the effective
date of the respective provisions of this section governing such contracts;
e.
Any home improvement or commercial property improvement, where the
aggregate contract price for all labor, materials and other items
is less than two hundred ($200.00) dollars. This exemption does not
apply where the work is only part of a larger or major operation,
whether undertaken by the same or a different contractor, or in which
a division of the operation is made in contracts of amounts less than
two hundred ($200.00) dollars for the purpose of evasion of this provision
or otherwise.
[1999 Code § 5.24.120]
a.
Edison Township Contractor Review Board. There is established the
Township Contractor Review Board which shall be comprised of the Township
Engineer, Housing Inspector, and the Township Code Enforcement Officer,
as well as two (2) members of the private sector appointed by the
Mayor with the advice and consent of the Municipal Council to serve
on the Board for a period of time for up to one (1) year.
b.
Any licensee who is aggrieved by a license revocation, denial or
suspension imposed under this section may file a notice of appeal
with the Township Contractor Review Board according to the procedure
set forth in paragraph d below.
c.
Any homeowner or commercial property owner who has a complaint against
any licensee may file a written notice of complaint with the Township
Contractor Review Board according to the procedure set forth in paragraph
d below.
d.
Appeals.
1.
A notice of appeal must be filed by an aggrieved licensee within
ten (10) calendar days of either the license revocation, denial or
suspension. A homeowner may file a notice of complaint at any time
during the pendency of the home improvement contract or within thirty
(30) days of completion of the work performed by the licensee under
the contract.
2.
Within seven (7) calendar days of the receipt of either a notice
of complaint or a notice of appeal, the Township Contractor Review
Board will schedule a hearing to occur within the next fifteen (15)
calendar days, at which hearing the parties will have the opportunity
to be heard on the matter. The notice of hearing shall be served either
personally or by registered mail and shall state the date and place
of hearing and set forth ground or grounds of the action under appeal.
Any license revocation or suspension which is appealed under this
procedure shall be stayed pending the decision of the Township Contractor
Review Board.
3.
The hearing referred to above will be conducted in the presence of
the Township Contractor Review Board and will be recorded verbatim
via audio tape. A majority decision of the Township Contractor Review
Board shall be made upon the completion of the hearing and shall be
final.
e.
Any notice of complaint filed by a homeowner or commercial property
and any notice of appeal filed by an aggrieved licensee shall contain
the name of the licensee, date of occurrence of the act complaint
of, as well as a description of the act or acts complained of.
f.
No member of the Township Contractor Review Board shall receive any
compensation for participation on this Board.
g.
The costs associated with administration by the Township Contractor
Review Board will be part of the budget under the control of the Director
of Planning and Engineering.
h.
The Director of Planning and Engineering also may certify a question
of policy with respect to the administration of this section to the
Township Contractor Review Board at any time the Director deems advisable.
In this function, the Township Contractor Review Board will answer
the inquiry and advise the Director of its determination. Any such
determination will be merely advisory to the Director rather than
mandatory.
[1999 Code § 5.24.130]
a.
Any person who shall violate any provision of this section or shall fail to comply with any of the requirements thereof shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
b.
The Business Administrator shall have authority to revoke or suspend
any license issued pursuant to this section or to deny the renewal
of a license for any one (1) or more of the following causes:
1.
Fraud, misrepresentation, bribery in securing a license;
2.
The making of any false statement as to a material matter in any
application for a license;
3.
The person or the management personnel of the contractor are untrustworthy
or not of good character;
4.
The business transactions of the contractor have been or are marked
by a practice of failure to timely perform or complete its contracts
or the manipulation of assets or accounts, or by fraud or bad faith,
or is marked by an unwholesome method or practice of solicitation
of business from owners;
5.
Failure to display the license as provided in this section;
6.
Failure to comply with any demand or requirement lawfully made by
the Director;
7.
When an agent or employee of a licensee has been guilty of an act
or omission, fraud, misrepresentation and the licensee has approved
or had knowledge thereof or has later ratified said act, omission,
fraud or misrepresentation.
[1999 Code § 8.04.010; Ord. No.
O.1992-2017]
The purpose of this section is:
a.
To continue providing valuable services of police, fire and other
emergency services of the Township in protecting the lives and property
of its citizens and businesses by monitoring and responding to burglar
and fire alarms as well as other emergencies;
b.
To establish standards and regulations for various types of local
burglar, fire and other emergency alarm devices, whether by direct
telephone line, radio, dial telephone or other means;
c.
To reduce the increasing number of false alarms generated by businesses
and residences within the Township, directly or indirectly reported
to and responded to by the paid and/or voluntary emergency services
of the Township;
d.
To promote improved maintenance of alarm systems. Failure to properly
maintain alarm systems and train personnel in their proper operation
are the primary causes of false alarms responded to by the various
emergency services of the Township.
[1999 Code § 8.04.020; Ord. O.1607-2008 § 7; Ord. No. O.1722-2009; Ord.
No. O.1992-2017]
As used in this section:
- ALARM CONSOLE
- Means the console and/or component devices that comprise a system for giving visual or audio indications, or both, located in the communications center.
- ALARM DEVICE
- Means any type of alarm system providing local and/or remote warning of intrusion, fire, smoke, flood or other peril that alerts neighbors and/or to which police, fire or other emergency services are expected to respond. This refers to burglar alarms, fire alarms, smoke alarms, local alarms and all such other alarms except those that are designed to alert only the occupants of an individual residential unit.
- ALARM INSTALLATION
- Means any alarm, device or combination of devices installed in one (1) or more buildings at a location other than the alarm console.
- ALARM USER
- Means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure, facility or part thereof where an alarm system is maintained.
- AUTO DIALING DEVICE
- Means a device which is interconnected to a telephone line and is programmed to select a special telephone number, designated by the Director of Public Safety, at the communications center indicating a need for emergency response.
- COMMUNICATIONS CENTER
- Means the facilities within the jurisdiction of the Edison Township Department of Public Safety designed to receive and dispatch emergency response.
- COORDINATOR
- Means the Chief of Police or his/her designee who will process initial alarm permit applications and alarm permit fees; bill and collect administrative charges for excessive false alarms; and issue summons for failure to register an alarm system and/or failure to pay administrative charges.
- DIAL ALARM
- Means any alarm device which when activated automatically or electronically selects a telephone line connected to a central alarm station or to the Edison Communications Center, reporting either a line or prerecorded message requesting assistance.
- EXCLUDED ALARMS
- Means any smoke detector installed within a residence designed to warn the occupants of the presence of smoke.
- FALSE ALARM
- Means any alarm activated by the inadvertence, negligence or unintentional act of someone other than an intruder and includes, as well, alarms caused by the malfunctioning of the alarm device or other irrelevant equipment.
- LOCAL ALARM
- Means any alarm which when activated produces a signal, such as a store burglar alarm actuating bell, siren or similar device, which purpose is the attracting of attention to the premises. Alarms installed in halls, lobbies or other common areas of multiple dwellings are local alarms, but smoke alarms installed within residential units of any primary dwelling shall not be deemed a local alarm.
- OCCUPANT
- Means any person in possession of premises in or upon which an alarm system exists.
- PERMITTEE
- Means any person possessing a valid Edison Township alarm permit.
- PERMIT YEAR
- Means and run from May 1 to April 30.
- SUBSCRIBER
- Means any person owning, leasing or otherwise obtaining the benefits of an alarm device or local alarm within the scope of this section.
- VIOLATIONS
- Means and includes, but is not limited to, summonses issued and answerable in Municipal Court for failure to obtain permits for alarm systems or pay administrative fees and/or charges. A summons may be issued by Police and Fire personnel or as directed by the Director of Public Safety.
[1999 Code § 8.04.030; Ord. No.
O.1992-2017]
a.
The provisions of this section shall apply to any person who operates,
leases, maintains or owns any alarm device or local alarm designed
to notify Township emergency services or a private alarm company,
or alert persons in the area of the alarm of any type of alarm condition.
b.
The terms of this section shall in no way prohibit alarm companies
from providing services by private sources to other residences or
offices within or without the Township.
c.
Any person having an alarm system of any type, as defined in this
section, within the Township shall be responsible for the registration
thereof in accordance with the provisions of this section. Smoke alarms
installed within a residential dwelling that are designed to notify
the occupant(s) of smoke are exempt from registration under this section.
d.
The Coordinator is designated as the municipal official responsible
for supervising and administrating the provisions of this section,
including maintenance of records of false alarms and issuance of notices
of violations.
[1999 Code § 8.04.040; Ord. No.
O.1532-2006; Ord. No. O.1992-2017]
a.
All persons having an alarm device installed within the Township
are required to register with the Coordinator. Alarm types requiring
registration include, but are not limited to, local alarms, dial alarms,
burglar alarms, fire alarms, common alarms in stairways, halls and
lobbies of multiple dwellings and alarms connected to central stations
or the communications center but exclude car alarms and smoke alarms
installed within an individual residential unit designed to notify
the occupants of a smoke condition. If an alarm shall hereafter be
found to be in operation without being registered, the owner and/or
occupant of the building shall be sent a notice, in writing, by the
Coordinator requiring compliance with the terms of this section. If
the owner and/or occupant shall fail to comply within ten (10) days
after receipt of such notice, he or she shall be liable to the penalties
set forth in this section. All alarms governed by this section shall
be subject to the false alarm procedures and penalties set forth in
this section.
b.
Each special permittee shall, by acceptance of the permit, be deemed
as having submitted to the inspection of the alarm system by appointment
at reasonable hours by the Police Department and shall accept the
responsibility for the proper operation of the alarm system up to
and including the line connection, if any, to the communications center.
c.
Application for alarm permits covered by this section shall be made
in a form approved by the Coordinator and the permit approved by the
Coordinator. All information submitted by permittees in compliance
with this section shall be held in the strictest confidence and shall
be deemed a record exempt from disclosure pursuant to State Statute,
and any violation of confidentiality shall be deemed a violation of
State law.
d.
All permittees who desire to utilize the alarm console in the communications
center must register and obtain a separate alarm permit for each connection
to the alarm console. As part of the application for an alarm permit,
the permittee shall provide an agreement to release the Township and
its officers, agents and employees from any and all liability and
agree to indemnify and save harmless the Township and its officers,
agents and employees for or on account of any acts or omissions directly
or indirectly related to the installation, operation or maintenance
of the alarm console and the connection of the applicant's alarm system
thereto.
e.
All persons registering alarms in accordance with paragraph a above
shall pay a one-time twenty ($20.00) dollar registration fee payable
to the Township of Edison. All persons utilizing the alarm console
in the communication center in accordance with paragraph e shall pay
a fee of fifty ($50.00) dollars per annum for each and every connection
to the alarm console. No Federal, State, County or Township owned
and operated facility nor any religious institutions or facility owned
or operated by New Jersey Transit shall be required to pay the fee
established by this section.
[1999 Code § 8.04.050; Ord. No.
O.1992-2017]
a.
Dial alarms must be of the type accepted by the Federal Communications
Commission and connected in a manner approved by Federal Communications
Commission regulations.
b.
All dial alarms that directly notify any Edison Township emergency
service shall be coded to dial a special number provided by the Police
Department. In addition, the system must be coded to notify a third
party who shall be named in the registration required by this section.
c.
All dial alarms shall be capable of being disconnected by the owner
to permit a call to the communications center in the event that a
false alarm occurs.
d.
The contents of any recorded message from a dial alarm system must
be intelligible and in a format approved by the Coordinator. Messages
shall not exceed fifteen (15) seconds, and the time gap between delivery
shall be approximately ten (10) seconds.
e.
Dial alarms shall provide an automatic line seizure feature in the
event that the authorized lines in the communications center are busy
with an incoming or outgoing call.
[1999 Code § 8.04.060; Ord. No.
O.1992-2017]
a.
The sensory mechanism of all alarms shall be adjusted so as to suppress
false indications and not be actuated by impulses due to pressure
changes in water pipes, short flashes of light, wind, noises, rattling
or vibration of doors or windows or other forces unrelated to general
alarms.
b.
All components of the alarms shall be maintained by the owner in
good repair. When evidence exists that there has been a failure to
comply with the operational requirements to the statute, the Coordinator
is then authorized to demand that such device be disconnected until
such time as compliance with such requirements are re-established.
c.
All personnel shall be trained in the proper operation of the alarm
system as well as procedures for notifying the private alarm central
station or the communications center for those systems connected to
the alarm console.
[1999 Code § 8.04.070; Ord. No.
O.1532-2006; Ord. No. O.1992-2017]
a.
All false alarms shall be monitored by the owner, as it is not the
responsibility of the Township of Edison to monitor or notify owners
of false alarms. The first, second and third false alarm in any given
permit year will be without an administrative charge.
b.
For the fourth and fifth false alarm in any given permit year, an
administrative charge of twenty-five ($25.00) dollars per false alarm
shall be issued.
c.
For the sixth, seventh and eighth false alarm in any given permit
year, an administrative charge of fifty ($50.00) dollars per false
alarm shall be issued.
d.
For the ninth and all subsequent false alarms in any given permit
year, an administrative charge of one hundred ($100.00) dollars per
false alarm shall be issued.
e.
The above notwithstanding, whenever any person shall be levied an
administrative penalty for nine (9) or more false alarms per year
in any two (2) consecutive years, any subsequent violation in any
year, an administrative charge of one hundred ($100.00) dollars per
false alarm shall be issued.
f.
All Federal, State, County or Township owned and operated facilities
and all religious institutions and facilities owned or operated and
New Jersey Transit shall be exempt from the payment of false alarm
fee(s).
[1999 Code § 8.04.080; Ord. O.1607-2008 § 7; Ord. No. O.1722-2009§ 2; Ord. No. O.1992-2017]
Whenever, under the provisions of this section, the Chief of Police or his/her designee, or any other authorized representatives he or she may have designated, are empowered to make a decision with respect to installation, operation and maintenance of any alarm equipment, or with respect to the issuance or denial of any application relating thereto, any person aggrieved by the decision may, within ten (10) days following the decision, file a written appeal therefrom with the Business Administrator of the Township who shall conduct a hearing to affirm and shall have the power to affirm, modify or reverse the decision appealed from. This appeal shall not apply to violations under subsection 11-27.4.
[1999 Code § 8.04.090; Ord. No.
O.1992-2017]
a.
Failure to register an alarm within ten (10) days of receipt of a
written warning to register the alarm system shall result in the issuance
of a summons answerable in Municipal Court and a fine not to exceed
one hundred ($100.00) dollars.
b.
Failure to pay the administrative charge(s) for false alarms within
thirty (30) days shall result in the issuance of a summons answerable
in Municipal Court and a fine, in addition to the administrative charge,
not to exceed one thousand ($1,000.00) dollars.
[1999 Code § 5.72.010; Ord. No.
O.2021-2018]
This section shall set forth the non-discriminatory and non-exclusionary
regulations governing towing agencies engaged in the business of removing
and storing motor vehicles at the request of any Township of Edison
employee in the performance of his/her duties. This section shall
apply to any property, whether public or private. This section is
in accordance and as authorized by N.J.S.A. 40:48-2.49 entitled "Regulation
of operators engaged in removal of motor vehicles." This section shall
regulate the following, but not be limited to:
a.
A schedule of fees or other charges which a towing agency may charge
vehicle owners for towing services, storage services, recovery services,
clean up services, and any other towing related services as required/requested
by the Township of Edison, or any combination thereof;
b.
Minimum standards of a towing agency performance, including but not
limited to standards concerning the adequacy of equipment and facilities,
availability and response time, and the security of the vehicles towed
or stored;
c.
The designation of the Municipal Officers and divisions to enforce
the provisions of this section in accordance with due process of law;
d.
The requirement that such regulations and fee schedules of individual
towing agencies shall be made available to the public during normal
business hours of the Municipality and the towing agency.
f.
This section shall only apply to towers acting in the capacity of
towing agencies for the Township of Edison.
[1999 Code § 5.72.020; Ord. No.
O.2021-2018]
As used in this section:
- BUSINESS ADMINISTRATOR
- Means the Business Administrator of the Township of Edison, or his/her designee.
- CHIEF OF POLICE
- Shall mean the Chief of the Township of Edison's Division of Police, or his/her designee.
- COMMUNICATIONS PERSONNEL
- Means any on-duty 9-1-1 Telecommunicator/ Dispatcher of the Edison Division of Police.
- CRUISING
- Means the driving of an empty tow truck to and fro along a public street at a slow rate of speed for the obvious purpose of soliciting tows; and/or the unsolicited response to any Police incident of a motor vehicle accident or disabled vehicle.
- DIRECTOR OF PUBLIC SAFETY
- Means the Director of the Department of Public Safety of the Township of Edison as defined by the Municipal Code of the Township of Edison, or his/her designee.
- GARAGE KEEPER'S LEGAL LIABILITY
- Means the protection of customers' vehicles and property under various conditions pertaining to specific garage functions.
- HEAVY-DUTY
- Means a gross weight of at least thirty-two thousand (32,000) pounds.
- LIGHT-DUTY
- Means a gross weight up to ten-thousand (10,000) pounds.
- MEDIUM DUTY
- Means a gross weight of over ten-thousand (10,000) pounds but less than thirty-two thousand (32,000) pounds.
- PERSONS
- Means and includes a firm, copartnership, association and corporation, and the singular or plural and the masculine, feminine or neuter thereof, unless the contrary is clearly expressed.
- POLICE OFFICER
- Means any on-duty sworn officer of the Edison Division of Police.
- TOWING AGENCY
- Means any person or entity owning or operating a tow truck service for compensation.
- TOW TRUCK
- Means a motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of vehicles and other objects.
- WAITING TIME
- Means the additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery. Examples of waiting time may include but are not limited to EMS services which must be performed and/or police investigations.
- WINCHING
- Means the process of moving a motor vehicle by the use of additional chains, nylon slings, snatch blocks and/or additional lengths of winch cable from a position that is not on a roadway or not in a position for direct hook up by conventional means for loading onto a tow vehicle. Winching is not pulling a vehicle onto a tilt bed or carrier, nor lifting a motor vehicle with a conventional tow sling. Winching fees shall be billed per quarter hour per man.
[1999 Code § 5.72.030; Ord. No.
O.2021-2018]
a.
General jurisdiction and responsibility shall be the Chief of Police
or his/her designee. The Chief of Police shall have jurisdiction and
responsibility of:
b.
General Jurisdiction and Responsibility of Collector of Revenue.
The Municipal Clerk shall have jurisdiction and responsibility of
issuing of applications, finger print forms and collection of fees.
The Business Administrator shall issue such license approval after
the satisfactory compliance by the applicant with the requirements
of this section, and the recommendation of approval by the Chief of
Police.
[1999 Code § 5.72.040; Ord. No.
O.2021-2018]
a.
No towing agency or person, while acting as an official towing agency
for the Township of Edison shall operate a tow truck upon or along
any property in the Township of Edison, until the owner thereof shall
obtain a license therefor.
b.
Nothing in this subsection or other subsections of this section shall
be construed to require the licensing of any tow truck to perform
any services other than those governed by this section.
c.
All towing agency and tow truck licenses shall be issued by the Collector
of Revenue and shall be issued to expire June 30th, next exceeding
the date of issuance unless it is sooner suspended or revoked by the
Business Administrator.
d.
The annual fee to be paid for such license shall be the sum of six
hundred ($600.00) dollars for up to the first two (2) light-medium
duty tow trucks, or one (1) heavy-duty tow truck, per agency, as applicable,
and an additional one hundred fifty ($150.00) dollars per light-medium
duty tow truck, and/or two hundred fifty ($250.00) dollars per heavy-duty
tow truck, thereafter, as applicable. No portion of said fee shall
be prorated for any portion of a year.
e.
Licenses shall be for a three-year period commencing on July 1 and
terminating three (3) years thereafter.
f.
During the term of any license, a licensee shall file an update for
any changes in vehicles and or employees. The amended application
shall include a copy of the current license, and detail the reason
for the amendment. Changes in vehicles shall require an application
amendment fee of forty-five (45.00) dollars. Changes in employee-drivers
shall require an application amendment fee of twenty-five ($25.00)
dollars per employee-driver added. The licensee shall not permit a
new vehicle or new employee to operate any tows authorized under this
license until the amendment has been filed and approved. Changes in
towing agency ownership shall be ineligible for amendment applications.
[1999 Code § 5.72.050; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009; Ord. No. O.2021-2018]
a.
Applications for tow truck licenses shall be filed with the Township
Clerk not later than April 1 of the pre-licensure year.
b.
Applications for licenses for tow trucks shall be made by the owner,
lessee or bailee thereof, upon forms to be furnished by the Township
Clerk, and such application shall contain the name, business address,
and telephone number of the applicant. If the application is made
on behalf of a corporation, it shall state the name and address of
the officers and directors thereof and the name and address of its
registered agent, including a listing of the names and addresses of
every stockholder holding more than ten (10%) percent of the stock
of the corporation; the application shall have affixed thereto an
affidavit to be sworn to by the applicant.
c.
Each application shall also contain the following information:
1.
The year, make, type and model number of each tow truck used in said
business, its vehicle identification number (VIN), New Jersey registration
number (license plate) and the name and address of the registered
owner and operator;
2.
The address(es) where the tow truck(s) is/are regularly garaged.
3.
The names, addresses and New Jersey driver license numbers of all
employee-drivers of the vehicles identified. An abstract of each employee-driver's
New Jersey driver's license, not more than sixty (60) days old at
time of submission;
4.
Each employee operating under this license is able to read and write
the English language and is a resident of the United States;
5.
Each employee operating under this license is not addicted to the
use of narcotics or intoxicating liquors;
6.
Any and all convictions which the owner, agent or any employee-driver
thereof has been convicted and, if the corporation, or any officer
thereof has been convicted, stating the name, if any, and location
of the courts and the dates on which such convictions were had and
the penalties imposed therefor.
7.
Any and all successful civil complaints filed against the owner,
agent thereof, the corporation, or any officer thereof for deceptive
business practices, including but not limited to insurance fraud,
price gouging, or other similar complaint or offense. This shall not
be construed to be limited to substantiated complaints with regard
to towing services.
8.
An original Letter of Authorization for the Edison Police Department
to conduct a full and complete criminal and driver license background
check on each owner, agent thereof, and employee-driver. The owner(s)
and the corporation shall also include an Authorization for the Edison
Police Department to an investigation into the insurance coverage
for the corporation, as it applies to this license. Each employee
must execute his own Letter of Authorization. Blanket authorizations
are not permitted.
9.
The experience of the owner, the employee-drivers, and the corporation
in the towing of vehicles for hire; including all relevant employment
history.
10.
The location, size and security features of the storage lot or space
in which towed vehicles will be stored, including the number of vehicle
spaces available;
11.
The name and address of the operator's insurance carrier(s) and the
policy numbers of all insurance policies issued for the business,
the business premises and the vehicles identified in the application.
12.
A certification signed by the owner (or agent thereof) that a document
detailing the towing and storage services and fees supplied under
this license will be posted in the public area of the towing agency's
premises in plain view for the duration of this license, in compliance
with this section.
13.
A certification granting permission to the Chief of Police or his/her
designee to conduct inspections of the tow trucks and towing agency
for the purpose of determining compliance with this section.
14.
Any other information as the Township of Edison shall deem appropriate
and necessary to properly evaluate the towing agency for this license.
[1999 Code § 5.72.060; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009; Ord. No. O.2021-2018]
a.
The Chief of Police or his/her designee shall conduct or cause to
be conducted such investigation as he/she deems necessary to determine
the truth and accuracy of the information contained in the application,
and the applicant's compliance with this section. This investigation
may include a full and complete criminal and driver license background
check on each owner, agent thereof, and employee-driver. At the discretion
of the Chief of Police or his/her designee, applicants and/or their
employee-drivers may be required to submit fingerprints to complete
the background investigation(s). Any fees relating to the fingerprint
checks shall be borne by the applicant.
b.
The applicant, or an employee-driver, may be refused if such investigation
reveals any of the following, or if the applicant or any employee
refuses to permit such investigation:
1.
Conviction of any crime of the fourth degree or higher, possession
or use of a controlled dangerous substance; and other crimes against
the person or crimes involving moral turpitude. Any plea arrangement
which results in Pre-Trial Intervention, Conditional Discharge, or
any other similar diversionary trial settlement may be viewed as a
conviction to the original charge/offense.
2.
Conviction of operating a motor vehicle under the influence of an
intoxicating liquor or drug (N.J.S.A. 39:4-50); leaving the scene
of an accident (N.J.S.A. 39:4-129); failure to report an accident
(N.J.S.A. 39:4-130); reckless driving (N.J.S.A. 39:4-96) and possession
of a controlled dangerous substance in an automobile (N.J.S.A. 39:4-49.1).
3.
Successful civil complaints filed against the owner, agent thereof,
the corporation, or any officer thereof for deceptive business practices,
including but not limited to insurance fraud, price gouging, or other
similar complaint or offense.
c.
Upon completion of the background checks, the Chief of Police shall
render a decision on the applicant.
1.
A decision to grant the license shall be forwarded, in writing, to
the Business Administrator.
2.
A decision to refuse the license shall be forwarded, in writing,
to the applicant and Business Administrator. The Chief of Police shall
document the reasons thereof. The denial may be as narrow as to restrict
any one employee from performing tows under this license, to a total
denial for the entire applicant.
d.
Only one (1) approval shall be granted to a towing agency or its
affiliate. For the purpose of this section, "affiliate" shall mean
any towing agency in which there is a common ownership of more than
ten (10%) percent or any common officer or director.
[1999 Code § 5.72.070; Ord. No.
O.2021-2018]
a.
Upon receipt of a denial of a license, or partial denial, the applicant
may file an appeal with the Business Administrator. The appeal must
be filed within fourteen (14) days of receipt of the decision. Such
appeal shall be submitted in writing and shall document the applicant's
position for approval of the license.
b.
Upon receipt of the appeal, the Business Administrator shall review
all documentation relating to this application. Such review may include
interviews with the interested parties. The Business Administrator
shall issue a final decision within thirty (30) business days of receipt
of the appeal. The decision of the Business Administrator is final
and binding. No further appeals are permitted.
[1999 Code § 5.72.080; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009; Ord. No. O.2021-2018]
a.
No tow truck or towing agency covered by the terms of this section
shall be licensed until it has been thoroughly and carefully inspected
and examined by the Chief of Police, or someone delegated by him or
her to conduct such examination, and found to be in compliance with
NJ Title 39 statues and in a sanitary condition. Any tow truck or
towing agency found to be in violation of Title 39 or unsanitary shall
not be licensed. The Chief of Police is authorized and empowered to
establish reasonable rules and regulations for the inspection of tow
trucks and towing agencies.
b.
The Police Department shall maintain due vigilance over all tow trucks
and towing agencies licensed under this section and see that they
are kept in a condition of safety and sanitation, and to this end
shall have the right, at any and all times, to inspect any and all
such licensed vehicles and storage facilities and shall maintain a
record in writing of the report of all such inspections.
[1999 Code § 5.72.090; Ord. No.
O.2021-2018]
a.
The Edison Police Department, upon approval of the tow truck license,
shall issue a Certificate of License to the applicant. The licensee
shall prominently display the Certificate of License in the public
portion of his/her business premises. The license shall remain displayed
for the entire duration of the license term. Replacement Certificate
of License shall be provided upon written application of the licensee
and payment of twenty-five ($25.00) dollars.
b.
The Township of Edison shall provide one (1) vehicle decal for each
tow truck authorized to operate under the applicant's license. The
licensee shall prominently display the vehicle decal on each authorized
tow truck in a location to be determined by the Director of Public
Safety. The decal shall remain displayed for the entire duration of
the license term. Replacement vehicle decals shall be provided upon
written application of the licensee and payment of twenty-five ($25.00)
dollars for each decal.
c.
Any license issued under this section is nontransferable. Changes
in ownership shall require an entire new application filing.
d.
The towing agency must provide to all vehicle owners at the scene
of an accident a rate card with information on claiming a vehicle,
the name of the business, its owner, tower's license number, the business
location, telephone numbers and hours of operation to the public.
The card shall also state the rates for towing services. The towing
agency may use a standard business card with the required additional
information.
[1999 Code § 5.72.100; Ord. No.
O.2021-2018]
a.
Each towing agency shall maintain, during the term of their license,
the following minimum insurance coverage, naming the Township of Edison
as an additional insured:
1.
Automobile Liability Insurance, in an amount not less than one million
($1,000,000.00) dollars combined single limit, covering each vehicle
utilized by the operator in his business.
2.
Workmen's Compensation Insurance, as required by the State of New
Jersey, including employer's liability coverage with a limit of at
least one hundred thousand ($100,000.00) dollars.
3.
Comprehensive, General Liability Insurance, in an amount of not less
than one million ($1,000,000.00) dollars for personal injuries, per
occurrence, and one million ($1,000,000.00) dollars for property damage,
per occurrence, including premises operations and products/completed
operations.
4.
Garage Keepers and Garage Liability Insurance, in an amount not less
than one hundred thousand ($100,000.00) dollars.
5.
All policies of insurance shall contain an endorsement providing
for collision coverage for vehicles in tow.
b.
All policies of insurance shall contain an endorsement requiring
that at least fifteen (15) days' notice shall be given to the Township
of Edison in the event of any material change in or cancellation of
the policy.
c.
The operator shall indemnify and hold harmless the Township of Edison
from any claims for injury or property damage arising out of, or in
any way related to, the operation of any tow truck, towing service
or storage yard, pursuant to this section. The towing agency shall
further defend the Township of Edison at the operator's expense, in
connection with any claim, suit or action, brought against the Township
of Edison, and arising out of the operation of any tow truck, towing
service or towing yard, pursuant to this section.
d.
All policies of insurance shall be issued by insurance companies
authorized to do business in the State of New Jersey, and shall remain
in full force and effect during the entire term of the license. The
Township of Edison shall be named as additional insured on all policies
of liability insurance.
e.
No license shall be issued until an approved applicant files insurance
certificates verifying all of the above requirements. The Insurance
Certificates shall be filed with the Collector of Revenue.
f.
Any licensee who has a lapse in any insurance policy, for any reason
whatsoever, shall have his/her license immediately suspended. Upon
notice of lapse of coverage, the Collector of Revenue shall immediately
serve notice of suspension upon the licensee, with copy of said notice
provided to the Business Administrator and the Director of Public
Safety. The suspension shall remain in effect until such time as the
insurance is restored.
[1999 Code § 5.72.110; Ord. No.
O.2021-2018]
a.
The Police Department shall keep a register of each tow truck licensed
under this section, together with the license number and description,
make and dimensions of such vehicles and the date and a complete record
of inspections made thereof.
b.
The Police Department shall keep a register of each towing agency
licensed under this section, together with photographs of the vehicle
storage area and the customer waiting room, and the date and a complete
record of inspections made thereof.
[1999 Code § 5.72.120; Ord. No.
O.2021-2018]
Licenses granted under the preceding subsections of this section
may be revoked or suspended at any time by the Business Administrator,
if a tow truck or storage facility shall not be in a safe and sanitary
condition and kept in conformity with the terms of this section, or
for the violation of any of the provisions of this section or any
of the rules and regulations made by the Director of Public Safety.
[1999 Code § 5.72.130; Ord. No.
O.2021-2018]
a.
The towing agency must operate a legitimate towing agency business
premises within six miles of the Edison Township Municipal Complex
located at 100 Municipal Boulevard, Edison, New Jersey. The towing
agency must respond to a call for service from the Edison Police Department
within the following time parameters:
[Amended 9-25-2019 by Ord. No. O.2051-2019]
1.
6:00 a.m. to 8:00 p.m. - light-medium duty tow trucks must be on
location within 20 minutes from receipt of the call and heavy-duty
tow trucks must be on location within 30 minutes from receipt of the
call. This requirement applies every day of the year, regardless of
holidays, unless such response time is prevented by extraordinary
conditions of weather or other extraordinary circumstances resulting
in obstruction of general access to the scene.
2.
8:01 p.m. to 5:59 a.m. - light-medium duty tow trucks must be on
location within 25 minutes from receipt of the call and heavy duty
tow trucks must be on location within 35 minutes from receipt of the
call. This requirement applies every day of the year, regardless of
holidays, unless such response time is prevented by extraordinary
conditions of weather or other extraordinary circumstances resulting
in obstruction of general access to the scene.
b.
In the event that towing agency fails to arrive within the prescribed
time from receipt of a call from the Edison Police Department, the
Edison Police Department shall be permitted to secure the services
of an alternate towing agency. In the event of said circumstance,
the first called towing agency shall not be entitled to any fee for
their late response or costs and expenses incurred as a result thereof.
c.
In the event that a towing agency is called by the Edison Police
Department, and prior to the towing agency actually hooking a vehicle
or providing any type of service at scene to which it was called,
the Edison Police Department shall be permitted to change the towing
agency due to findings and/or procedure in a police investigation.
The first called towing agency shall be placed as next to be called
on the towing list. The first called towing agency shall not be entitled
to any fee for their response or costs and expenses incurred as a
result thereof.
[1999 Code § 5.72.140; Ord. No.
O.2021-2018]
a.
Each towing agency shall maintain storage facilities conforming to
the following standards and requirements:
1.
Towing agency shall have sufficient space to accommodate at least
15 vehicles, adequately safeguarded against vandalism and theft, in
which to hold towed vehicles of absent drivers or owners, until such
time as said vehicles are claimed or are disposed of in accordance
with the law.
2.
All storage facilities shall be owned, operated and/or under the
control of the operator, and shall be located no more than six miles
from the Edison Township Municipal Complex located at 100 Municipal
Boulevard, Edison, New Jersey.
[Amended 9-25-2019 by Ord. No. O.2051-2019]
3.
No towed vehicle may be stored upon a public street, sidewalk, public
right-of-way or alley. All towed vehicles must be stored by the towing
agency within the storage area as described within this section.
4.
Customer service waiting area shall be neat and clean. A restroom
facility shall be available during normal business hours.
[1999 Code § 5.72.150; Ord. No.
O.2021-2018]
a.
Tow trucks shall be equipped and of sufficient size, weight and configuration
to safely tow all makes of domestic and foreign automobiles, light
duty trucks and vans.
b.
Tow trucks shall be equipped with sufficient emergency warning lights.
c.
The name, address and telephone number of the operator shall be permanently
affixed to the left and right sides of each tow truck.
d.
All operators on the rotating list shall provide and maintain the
following minimum equipment: two (2) light duty towing vehicles (one
(1) of which may be a flat-bed, roll back vehicle), with a gross vehicle
weight rating (GVWR) of eleven thousand (11,000) pounds, and a lifting
device with a minimum capacity of four (4) tons.
e.
Tow trucks will be equipped with tow sling type bars, with rubber
straps, and wheel lifts, with safety straps for lifting, to prevent
damage to towed vehicles, and steering locks for towing vehicles from
the rear.
f.
Jumper cables and/or Jump Box
g.
A minimum of one (1) five (5) pound CO2 dry powder fire extinguisher.
h.
One (1) reflective traffic safety vest for each employee at an incident
location.
i.
A minimum of one (1) broom, one (1) shovel and one (1) debris/refuse
container.
j.
A wireless telephone for communication with the Police Communications
Center.
k.
A minimum of five (5) gallons of Absorbent material on each towing
vehicle at all times.
l.
Jack (for changing tires)
m.
A minimum of one (1) Tire Chock
n.
Lock out Kit (for making entry into locked vehicles)
o.
A minimum of two (2) Snatch Blocks
p.
Towing lights
q.
A minimum of two (2) Tire Skates
r.
Ratchet Straps for proper tie down (flatbed/rollback)
s.
J-Hooks, Miniature J-Hook, T-Hook and Cluster Hooks (flatbed/rollback)
t.
Assorted tools, hand or power for road service, changing tires etc.
[1999 Code § 5.72.160; Ord. No.
O.2021-2018]
a.
Towing agency shall, at all times, employ a sufficient number of
employees to comply with the minimum operational requirements.
b.
All drivers of the operator shall be not less than the age of eighteen
(18) years and must have a valid, current New Jersey State Driver's
License and shall be in good health and of high moral character.
c.
All employees shall be clean, neat, and make a good appearance. Smoking
shall not be permitted in any tow truck or in the customer service
area of any storage facility without the permission of the customer.
d.
The towing agency shall be responsible for the towing of vehicles,
from all streets, alleys, public easements, thoroughfares, public,
quasi-public places, and private property, including parks, playgrounds,
including rivers, lakes and streams, anywhere within the Township
of Edison.
e.
In all underwater recoveries of a non-emergent nature (threats to
life or public safety), it shall be the responsibility of the towing
agency to be either certified or assisted by a New Jersey certified
underwater specialist for the proper towing of such vehicles.
f.
The operator shall be responsible to clean up all broken glass and
debris at the scene of accidents and remove same from the scene. All
vehicles must be equipped with a broom, shovel and container to remove
debris. Clean up shall be performed in accordance with N.J.S.A. 39:4-56.8.
"Definitions: removal of disabled motor vehicles by towing services
under contract; failure to remove debris surrounding vehicle; penalty."
g.
The towing agency is not required to remove any debris or material
which may be hazardous, such as oil, gasoline, kerosene, or other
petroleum or chemical products, or debris material which the service
is not equipped to remove. When the towing agency is equipped to remove
such debris, it shall dispose of said debris in full accordance with
all applicable State and Federal Statutes. The towing agency shall
be entitled to an additional hazardous debris disposal fee when this
service is properly performed.
h.
The towing agency shall verbally detail the anticipated expense to
the vehicle operator prior to rendering any service. This regulation
may be waived when the vehicle operator is unable to speak with the
towing agency employee at the scene due to a medical condition, or
when the operator has been removed from the scene prior to the towing
agency's arrival.
1.
When the towing agency was unable to provide this notification at
the scene, they must attempt to contact the vehicle owner, operator
or lessee by telephone within twenty-four (24) hours of the tow. If
the towing agency encounters an answering machine, a detailed message
left on the machine shall constitute compliance.
2.
In the event telephone contact is unsuccessful, the towing agency
shall send written notification of the towing and storage charges
and information on how to obtain release of the vehicle to the registered
owner. This notification shall be sent by Certified Mail with Return
Receipt Requested. A copy of the notice shall be sent via regular
mail to the Edison Police Department Traffic Bureau.
3.
Failure of the towing agency to comply with this provision shall
restrict their storage fees to the first twenty-four (24) hours.
i.
Towing agency must ensure that all its authorized agents agree to
follow the instruction and/or order of the Police Officer at the towing
scene.
[1999 Code § 5.72.170; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009; Ord. No. O.2021-2018]
a.
The Chief of Police shall create towing districts within the Township.
The Chief of Police or his/her designee shall have sole discretion
as to district boundaries. Changes to boundary lines shall only be
permitted at the commencement of the license year.
b.
The Chief of Police is authorized to create lists for specific towing
needs such as heavy duty tow trucks.
c.
The Chief of Police shall create rotating towing lists to be utilized
by the Communications Personnel. The list shall be created by district,
by specific need at the commencement of each license year. Communications
Personnel shall always use the appropriate rotation list when a tow
truck is requested under this section. Communications Personnel shall
record each tow by date, time, location and towing agency.
1.
Any towing agency that fails to/or is unable to respond shall be
recorded as non-respondent and the Communications Personnel shall
advance to the next towing agency on the list.
2.
Exception to the rotation list shall only occur when the customer
specifically requests the use of their own towing service, and this
request shall not place an undue burden upon any roadway of the Township.
Communications Personnel shall record each customer request tow by
date, time, location and towing agency.
[1999 Code § 5.72.180; Ord. No.
O.2021-2018]
Towing agency shall not assign calls to other tow companies
not on the Township of Edison's Tow list. Subcontracting of any services
under this section is allowed when a towing agency is in a temporary
need of an additional tow vehicle or extraordinary circumstances require
specialized and unique recovery and transport services. A copy of
the subcontractors invoice must be provided to the patron at the time
the vehicle is released. The towing agency shall require the subcontractor
to abide by all minimum operation standards established in Subsection
11-28.16. The subcontractor must also follow the fees established
in subsection 11- 28.19. If a vehicle needs to be stored that vehicle
must be towed to the originally called towing agency's storage lot.
[1999 Code § 5.72.190; Ord. No.
O.2021-2018]
a.
Roadside service (tire change, deliver gas, jump-start or lock out)
(no tow).
1.
Road service between 0800 hours to 1700 hours — Monday through
Friday, Holidays excluded: $60.
2.
Road service at all other times: $70.
3.
Tow agency may add $0.75 per gallon of fuel delivered on a road service
call. Fuel receipts must be kept with copy of invoice and on file
at towing agency.
4.
Axel and/or drive shaft removal and reinstall: $55.
5.
Air up brake system: $45.
b.
Towing.
1.
Standard towing and flatbed service under 10,000 lbs. between 0800
hours to 1700 hours — Monday through Friday, holidays excluded:
$90.
2.
Standard towing and flatbed service under 10,000 lbs. at all other
times: $110.
3.
Standard towing: 10,000 lbs — 32,000 lbs between 0800 hours
to 1700 hours — Monday through Friday, holidays excluded: $210.
4.
Standard towing: — 10,000 lbs — 32,000 lbs at all other
times: $250.
5.
Standard towing: — more than 32,000 lbs between 0800 hours
to 1700 hours — Monday through Friday, holidays excluded: $375.
6.
Standard towing: — more than 32,000 lbs at all other times:
$425.
[Amended 9-25-2019 by Ord. No. O.2051-2019]
c.
Vehicle up righting/crane/winching, in addition to any roadside service,
towing, and waiting fees associated with the following New Jersey
Traffic Report (NJTRI) Sequence of Event Codes shall be billed as
follows:
|
Non-Collision
|
|
Fire/Explosion
|
|
Other Non-Collision
|
|
Collision w/Non-Fixed Object
|
|
Pedalcycle
|
|
Pedestrian
|
|
Deer
|
|
Other Animal
|
|
Parked MV
|
|
Other Object [Non-Fixed]
|
|
Collision with Fixed Object
|
|
Impact/Attenuator
|
|
Guide Rail
|
|
Median Barrier
|
|
Traffic Sign Post
|
|
Overhead Sign Support
|
|
Light Standard
|
|
Utility Pole
|
|
Other Post
|
|
Curb
|
|
Fence
|
|
Tree
|
|
Unknown
|
1.
Under 10,000 lbs: $80.00
2.
10,000 lbs —— 32,000 lbs: $150.00
3.
More than 32,000 lbs: $200.00
Uprighting/Crane/Winching services in addition to any roadside
service, towing and waiting fees associated with the following New
Jersey Traffic Report (NJTRI) Sequence of Event Codes shall be billed
at a rate of $20.00 per one-quarter (1/4) hour per man:
|
Non-Collision
|
|
Overturn [Rollover]
|
|
Immersion
|
|
Jackknife
|
|
Ran Off Road
|
|
Downhill Runaway
|
|
Cargo Loss or Shift
|
|
Separation of Units
|
|
Collision w/Non-Fixed Object
|
|
Railway Train
|
|
MV in Transport
|
|
MV in Transport, Other Roadway
|
|
Collision with Fixed Object
|
|
Bridge/Pier/Abutment
|
|
Bridge Parapet End
|
|
Bridge Rail
|
|
Culvert
|
|
Ditch
|
|
Embankment
|
|
Other Fixed Object
|
d.
Waiting Time. In addition to any Roadside Service, Towing, and Vehicle
Up Righting/Crane/Winching:
e.
Mileage. There shall be no mileage fees added to any tow when the
vehicle is towed within the Township of Edison or to the towing agency's
storage facility. Otherwise, vehicles will be assessed the following
charges, measured from the point of vehicle pickup to customer site
or storage facility.
1.
Under 10,000 lbs: $3.50 per mile
2.
10,000 lbs - 32,000 lbs: $4.50 per mile
3.
More than 32,000 lbs: $5.50 per mile
Vehicles towed in excess of twenty-five (25) miles from point
of vehicle pickup to customer site or storage facility shall be charged
at a negotiated predetermined rate between the towing agency and customer.
g.
Storage. Storage Fees can only be assessed for days when the facility
is open and staffed for processing the release of vehicles for not
less than seven and one-half (7.5) hours per day except Saturday.
Tower shall be open for at least four (4) hours on Saturday for the
release of vehicles. All other days shall be non-fee days unless the
tower is open and staffed for processing the release of vehicles for
at least four (4) hours.
1.
No storage fee shall be assessed when the vehicle is retrieved within
six (6) hours of the tow.
2.
Under 10,000 lbs: $40.00 per day, billable in 6-hour increments.
3.
10,000 lbs to 32,000 lbs $50.00 per day, billable in 6 hour increments.
4.
32,001 lbs and above: $80.00 per day, billable in 6-hour increments.
h.
Hazardous Debris Disposal Fees. The towing agency may assess the
costs for hazardous debris disposal fees when this service is provided
under this section. When applicable, these fees shall be assessed
at a direct cost plus five (5%) percent handling expense.
i.
Certified Mail Return Receipt Requested. The towing agency may assess
the costs for sending Certified Mail Return Receipt Requested for
providing notification of towing and storage fees to the vehicle owner,
operator or lessee when required under this section. When applicable,
these fees shall be assessed at direct cost.
j.
There shall be no fees imposed other than those specified in this
section.
k.
Towing agencies shall accept cash, major credit cards, and in-state
personal and in-state business checks (starter and third party checks
excluded) as payment for any and all services provided under this
section.
[1999 Code § 5.72.200; Ord. No.
O.2021-2018]
The following days shall be recognized as holidays under this
section: New Year's Day; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day; Christmas Day.
[1999 Code § 5.72.210; Ord. No.
O.2021-2018]
Prior to payment in full for all services rendered by the towing
agency, the towing agency shall permit a customer access to their
towed vehicle to retrieve important personal papers and effects, including
but not limited to wallets, purses, insurance documents, identification
and banking documents. Customers shall not be permitted to remove
vehicle parts, license plates, or other physical property stored in
or on the vehicle. All tow agencies must also allow insurance company
representatives and or adjusters access to stored vehicles during
normal business hours without charge.
[1999 Code § 5.72.220; Ord. No.
O.2021-2018]
a.
Each towing agency shall maintain a record keeping system as required
by the Township of Edison and the laws of the State of New Jersey;
at a minimum, the record keeping system shall include:
1.
The date and time of request for towing.
2.
The date and time the vehicle was towed.
3.
The address from where the vehicle was towed and address to where
the vehicle was towed.
4.
The name of the towing operator performing service, complete breakdown
of charges (winching, man hours, clean up etc.)
5.
Complete dates of storage of said vehicle, and all charges assessed
to or paid by the owner of each vehicle.
6.
The date of release of said vehicle, including by whose authorization,
and the name and address of the person obtaining said vehicle from
storage. (It shall be required that the towing operator obtain a signed
release for said vehicle from storage).
b.
Records shall be maintained for two (2) calendar years.
c.
The Police Department shall inspect these records prior to every
license renewal application, and not less than one (1) additional
inspection during each license term. The Police Department shall not
be required to provide more than twenty-four (24) hours notice of
any such inspection.
[1999 Code § 5.72.230; Ord. No.
O.2021-2018]
Changes in ownership or title to any towing agency or vehicle
licensed under this section shall automatically revoke the license
for such tow trucks.
[1999 Code § 5.72.240; Ord. No.
O.2021-2018]
It is unlawful for a vehicle owner; operator or bailee of any
vehicle referred to herein to refuse or fail to pay his/her fees as
established in this section.
[1999 Code § 5.72.250; Ord. No.
O.2021-2018]
No vehicle covered by the terms of this section shall be licensed
whose color scheme, or name, monogram or insignia to be used thereon,
shall be in conflict with or, in the opinion of the Director of Public
Safety, imitate any color scheme, monogram, name or insignia, used
by any other person, firm, municipality or corporation operating a
tow truck or towing agency, in such manner as to be misleading or
tend to deceive or defraud the public.
[1999 Code § 5.72.260; Ord. No.
O.2021-2018]
Any person not having been duly licensed as a tow truck, or any person whose license as such driver has been revoked or suspended and who, during the time such revocation or suspension is in effect, identifies himself upon the streets of this Township, or who shall violate any other provision of this section, shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
Prior ordinance history: Ordinance No. O.1673-2008
[Ord. No. O.1836-2013]
As used in this section:
- CRUISING
- Means the driving of an empty taxicab to and fro along a public street at a slow rate of speed for the obvious purpose of soliciting passengers.
- DRIVER
- Means any person who drives or otherwise operates a taxicab within Edison Township.
- OWNER
- Means any person, corporation or association in whose name title to any taxicab is registered with the New Jersey Motor Vehicle Commission, or who appears in such records to be the conditional vendee or lessee thereof.
- PERSONS
- Means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever and the singular or plural and the masculine, feminine or neuter thereof, unless the contrary is clearly expressed.
- PRINCIPAL PLACE OF BUSINESS
- Means, in reference to Edison Township, the location of the main place of business of the taxicab service in Edison Township where taxicab service is conducted, where taxicabs are dispatched, or where taxicab drivers report for duty.
- PUBLIC TAXICAB STAND
- Means a section of a public street or public place set apart for the exclusive use of a limited number of taxicabs, when such section is distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place or by clearly visible marks upon the surface of the street or public place.
- STREET
- Shall be defined as provided for by N.J.S.A. 48:16-1, being: includes any street, avenue, park, parkway, highway or other public place.
- TAXICAB
- Shall be defined as provided for by N.J.S.A. 48:16-1, being: 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. Additionally, the terms "taxi" "cab" or "taxicab" shall be understood to be a taxicab as defined herein.
- TAXI METER
- If so used by a taxicab owner or required herein, means a mechanical instrument or device by which the charge for hire is mechanically calculated either for the distance traveled, for waiting time, or both, and upon which such charge shall be plainly indicated by means of figures.
[Ord. No. O.1836-2013]
a.
General Jurisdiction and Responsibility of the Chief of Police. The
Chief of Police or a designee shall have jurisdiction and responsibility
for:
1.
Conducting examinations of taxicabs; taxicab inspection certification
and/or vehicles inspection reports issued by the New Jersey Motor
Vehicle Commission;
2.
Examination and approval or rejection of applications for both taxicab
and operator licenses;
3.
Acting as Enforcement Agent under the provisions of this section.
4.
Taking of fingerprints of any applicant (owner or operator) and conducting
background investigations as to the applicant's fitness for the issuance
of any license hereunder.
b.
General Jurisdiction and Responsibility of Township Clerk. The Township
Clerk or designee in the Clerk's Office, shall have jurisdiction and
responsibility for the issuance of licenses, the collection of fees,
and certification of insurance compliance. The Township Clerk shall
issue such license after the Chief of Police has approved the issuance
of the license and signed the license, after the satisfactory compliance
by the applicant with the provisions of N.J.S.A. 48:16-1 et seq. and
this section, the payment of the aforesaid fee, the submission of
a current certificate of insurance and a signed statement from the
Township Zoning Officer certifying that the taxicab service is not
operating in a residential zone and that the taxicab business has
sufficient off-street parking for any and all taxicabs to be used
in the business and for the issuance of a taxicab owner's license,
approval by the Township Council as required by N.J.S.A. 48:16-2.
c.
General Jurisdiction of Zoning Officer. The Zoning Officer shall
have jurisdiction and responsibility of investigation and certification
that the taxicab business is not operating in a residential zone and
that the taxicab business has sufficient off-street parking for any
and all taxicabs to be used in the business.
[Ord. No. O.1836-2013]
a.
No person shall operate any taxicab within the Township unless both
the owner of the taxicab, the individual taxicab and the driver thereof
are licensed pursuant to this section.
b.
Nothing in this subsection or other subsections of this section shall
be construed to require the licensing of any taxicab:
[Ord. No. O.1836-2013]
a.
Applications for any form of licenses shall be made upon forms approved
by the Chief of Police and to be furnished by the Clerk's Office and
shall verify the correctness thereof by his/her oath or affirmation.
He/she shall file the completed application with the Clerk together
with the full amount of the proper fee hereinafter fixed.
[Ord. No. O.1836-2013]
There are hereby established the following classes of taxicab
licenses as follows:
a.
Taxicab Driver's License. This license shall entitle the person named
therein to operate within the Township any taxicab duly licensed hereunder.
There is no limit on the number of Taxicab drivers that will be licensed
or limit of number of drivers per taxicab business.
b.
Taxicab Owner's License. This license shall entitle the owner of
a taxicab business therein described to be operated in the Township
by a driver duly licensed hereunder and to operate taxicabs as permitted
herein, provided that each taxicab is licensed as provided herein.
The holder of a taxicab owner's license shall be permitted to license
taxicab vehicles up to the number of taxicab vehicles as provided
herein. There is no limit on the number of taxicab owner's licenses
that will be issued, however, no person or business shall hold or
control more than one (1) taxicab owner's license. Any person who
holds or controls any taxicab owner's license shall actively use the
license, or the license shall be revoked.
c.
Taxicab Vehicle License. This license shall entitle the holder of
a taxicab owner's license therein described to operate the individual
taxicab vehicle therein described in the Township by a driver licensed
hereunder. The license issued for an individual taxicab vehicle is
only for that specific taxicab vehicle and shall not be transferred
to another taxicab vehicle or taxicab owner. The Township will issue
up to eighty (80) taxicab vehicle licenses. There is no limit on the
number of taxicab vehicle licenses that a person holding a taxicab
owner's license will be issued, however, any person who holds or controls
any taxicab owner's license shall actively use any taxicab vehicle
license issued to that business or the taxicab vehicle license shall
be revoked.
[Ord. No. O.1836-2013]
No vehicle covered by the terms of this section shall be approved
for a license until inspection documentation issued by the Motor Vehicle
Commission has been thoroughly and carefully inspected and examined
by the Chief of Police or someone delegated by him or her to conduct
such examination, and found to be in a thoroughly safe and sanitary
condition and otherwise fit for the transportation of passengers.
No tinting or obstructions shall be added to any windows of the taxicab
vehicle that restricts the view of the interior of the vehicle, excluding
such tinting or obstructions that are original manufacturer's installed
equipment. Any vehicle found to be unsafe for the transportation of
passengers shall not be licensed. The Chief of Police is authorized
and empowered to establish reasonable rules and regulations for the
inspection of taxicabs and their appurtenances and for the construction
and condition of fitness for the safe and adequate transportation
of passengers.
[Ord. No. O.1836-2013]
a.
The Township Clerk, upon approval of a taxicab driver's license,
taxicab owner's license or taxicab vehicle license, shall issue to
the applicant a card approved by the Chief of Police. A card for a
taxicab driver's license or taxicab owner's license shall bear the
name of the applicant, and the official license number. A card for
a taxicab vehicle license shall bear the official license number of
the taxicab, date of inspection of the same, the information contained
on the taxicab owner's license of the owner of the individual taxicab
and a notice that in case of any complaint the Police Department shall
be notified. All licenses shall at all times be and remain the property
of the Township and on direction of the Chief of Police shall at once
be surrendered to the Township Clerk.
b.
The taxicab driver's license of the driver operating the taxicab
and the taxicab vehicle license shall be at all times in full view
of and plainly legible to any passenger seated on the rear seat of
such taxicab. No taxicab driver's license card other than that of
the driver actually operating the taxicab at the time shall be displayed
therein. No taxicab vehicle license card other than that of the individual
taxicab shall be displayed therein.
c.
Pursuant to N.J.S.A. 48:16-2 the owner of a taxicab shall cause to
be displayed on the body of the vehicle the taxicab vehicle license
number issued to that vehicle by the Township. The number shall be
three (3) 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 taxicab shall display on each rear
door of the Taxicab the name of the municipality or municipalities
which has issued the taxicab a taxi license in letters three (3) inches
in height.
[Ord. No. O.1836-2013]
No licensed taxicab shall be operated in the Township unless
and until there is prominently displayed in the interior thereof,
within the full view and access of any passengers, a complete list
of fares, fees or rates charged for transportation of passengers ("fares"),
which fares so displayed, and no other, shall be those to be charged
any passenger. Said fare listing shall be submitted with the owner's
license application and any change in the fares during the year shall
be filed with the Township before the new fares can be charged to
passengers.
[Ord. No. O.1836-2013]
Each applicant for a taxicab owner's license shall, together
with his/her application, submit the insurance policy or certificate
in lieu thereof, showing coverages in the amount of:
a.
One hundred thousand ($100,000.00) dollars per person and three hundred
thousand ($300,000.00) dollars per occurrence to satisfy all claims
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 the taxicab upon any public street; and,
b.
Five thousand ($5,000.00) dollars to satisfy any claim for damages
to property of any one (1) person resulting from an accident and a
sum of not less than ten thousand ($10,000.00) dollars to satisfy
all claims for damages to property of all persons on account of such
accident by reason of the ownership, operation, maintenance or use
of such taxicab upon any public street,
|
or in the amount as required by N.J.S.A. 48:16-3, whichever is greater; and shall provide any other documentation and/or information required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey or similar law, rule or regulation. Said insurance shall remain in full force and effect at all times the Owner and/or Vehicle is licensed by the Township of Edison. A blanket bond or insurance policy as permitted by N.J.S.A. 48:16-4 may also be submitted. Additionally, the owner shall indemnify and hold harmless the Borough, its officers, agents or employees, from any and all loss, costs, damages and/or expenses suffered by any person or to any property arising from the owner's negligence.
|
[Ord. No. O.1836-2013]
Each applicant for a taxicab owner's license shall, together with his/her application, submit the Power of Attorney required by N.J.S.A. 48:16-5 and to the Motor Vehicle Commission; and shall provide any other documentation and/or information required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey or similar law, rule or regulation.
[Ord. No. O.1836-2013]
The Township Clerk shall issue in duplicate a certificate of
compliance upon the submission of the required insurance policy or
bond showing that the owner of the taxicab has complied with the terms
and provisions of N.J.S.A. 48:16-6. The certificate shall recite the
name of the insurance company, the number and date of expiration of
the policy or bond, a description of the taxicab insured and its registration
number. The duplicate certificate shall be filed with the Motor Vehicle
Commission before any car is licensed as a taxicab. The original certificate
shall be posted in a conspicuous place within the taxicab.
[Ord. No. O.1836-2013]
The Township Clerk shall keep a register of all taxicab driver
licenses, taxicab owner licenses and taxicab vehicle licenses together
with the applications and approvals required herein.
[Ord. No. O.1836-2013]
The Police Department shall maintain due vigilance over all
taxicabs and see that they are kept in a condition of safety and sanitation
for the transportation of passengers, and to this end shall have the
right, at any and all times, to inspect any and all such licensed
vehicles and taxi meters and shall maintain a record in writing of
the report of all such inspections.
[Ord. No. O.1836-2013]
a.
Licenses granted under the preceding subsections may be revoked at
any time by the Chief of Police for not more than twenty (20) days,
if the vehicle shall not be in a safe and sanitary condition for the
transportation of passengers and kept in conformity with the terms
of this section, or for the violation of any of the provisions of
this section or any of the rules and regulations made by the Chief
of Police.
b.
Any licensee whose license is suspended pursuant to paragraph a of
this subsection shall be given a hearing before the Chief of Police
during the twenty (20) day period of suspension upon at least five
(5) days' notice in writing.
c.
After the hearing, the Chief of Police shall determine whether the
qualifications of the licensee have been so adversely affected as
to require an extension of the suspension or a revocation of the license.
d.
If the Chief of Police determines that further suspension or a revocation
is not warranted, he shall reinstate the suspended license as soon
as practicable.
[Ord. No. O.1836-2013]
a.
The Chief of Police shall cause a background check to be completed
in a manner consistent with N.J.S.A. 48:16-3 and this section. The
taking of fingerprints from an owner whose prints are already on file
may not be required, as determined by the Chief of Police.
[Ord. No. O.1836-2013]
a.
Taxicab Driver's License.
1.
No person shall drive a taxicab until he or she have made application,
upon a form provided by the Township Clerk and approved by the Chief
of Police, for a taxicab driver's license, paid the required fee and
shall have procured such license from the Township Clerk. Every applicant
for a license to drive a taxicab shall furnish satisfactory evidence
that he or she has received a driver's license under the State Motor
Vehicle Law. Each applicant for a driver's license under the terms
of this section must conform to the following regulations:
(a)
Be of the age of twenty-one (21) years or over;
(b)
Present the certificate of a reputable physician showing that
he or she has been examined within sixty (60) days, that he or she
is of sound physique, with good eyesight and not subject to epilepsy,
vertigo, heart trouble or any other infirmity of mind or body which
might render him or her unfit for the safe operation of a taxicab;
(c)
Be able to read and write the English language and be a resident
of the United States;
(d)
Not be addicted to the use of narcotics or intoxicating liquors;
(e)
Fill out upon such form to be provided by the Township Clerk
a statement giving said applicant's full name, residence for the preceding
five (5) years, age, color, height, weight, color of eyes and hair,
place of birth, place of previous employment, whether married or single,
whether the applicant has ever been convicted of a felony or misdemeanor,
how long the applicant has been a licensed automobile driver of the
State of New Jersey, whether his or her automobile driver's license
has ever been suspended or revoked, and, if so, for what cause, whether
the applicant has ever been licensed to operate a taxicab by another
municipality and if the same has ever been suspended or revoked, and,
if so, for what cause, and such other reasonable information as may
be required. All applications herein shall be signed and sworn to
by the applicant and filed with the Township Clerk.
2.
At the time of filing his/her application, applicant shall be fingerprinted
by the Township Police and said fingerprints shall be submitted to
the Bureau of Identification, New Jersey State Police for a report
of applicant's criminal record, if any. Any and all costs of this
process shall be borne by the applicant.
3.
At the time of filing his/her application, the Township Police shall
obtain a Motor Vehicle Driver's Abstract. Any and all costs of this
process shall be borne by the applicant.
4.
Provide any other documentation and/or information required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey or similar law, rule or regulation.
5.
The Chief of Police is authorized and empowered to establish from
time to time such additional rules and regulations, not inconsistent
herewith, as may be necessary and reasonable, governing the issuance
of any license provided for in this section.
b.
Taxicab Owner's License.
1.
No person shall operate a taxicab business until he or she shall
have made application, upon a form provided by the Township Clerk
and approved by the Chief of Police, for a taxicab owner's license,
paid the required fee and shall have procured such license from the
Township Clerk. Each applicant for a license under the terms of this
section must conform to the following regulations:
(a)
Be of the age of twenty-one (21) years or over;
(b)
Be able to read and write the English language and be a resident
of the United States;
(c)
Not be addicted to the use of narcotics or intoxicating liquors;
(d)
Fill out upon such form to be provided by the Township Clerk
a statement giving said applicant's full name, residence for the preceding
five (5) years, age, color, height, weight, color of eyes and hair,
place of birth, place of previous employment, whether married or single,
whether the applicant has ever been convicted of a felony or misdemeanor,
how long the applicant has been a licensed automobile driver of the
State of New Jersey, whether his or her automobile driver's license
has ever been revoked, and, if so, for what cause, the color scheme
or name, monogram or insignia to be used on the vehicles to be used
as taxicabs, the address from which the applicant intends to conduct
the operation of the taxicab business sought to be licensed, and a
complete schedule of hours and days of operation of the place of business,
and such other reasonable information as may be required. All applications
herein shall be signed and sworn to by the applicant and filed with
the Township Clerk.
(e)
If the address from which the applicant/owner intends to conduct
the operation of the taxicab business sought to be licensed is within
the Township of Edison, the applicant shall also secure a zoning permit
indicating that the taxicab business use is permitted at such location
and complies with all applicable zoning requirements or has received
the appropriate approvals (such as variances, etc.) prior to the processing
of the taxicab owner's license.
2.
At the time of filing his/her application, applicant shall be fingerprinted
by the Township Police and said fingerprints shall be submitted to
the Bureau of Identification, New Jersey State Police for a report
of applicant's criminal record, if any. Any and all costs of this
process shall be borne by the applicant.
3.
At the time of filing his/her application, the Township Police shall
obtain a Motor Vehicle Driver's Abstract. Any and all costs of this
process shall be borne by the applicant.
4.
Provide any other documentation and/or information required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey or similar law, rule or regulation.
5.
The Chief of Police is authorized and empowered to establish from
time to time such additional rules and regulations, not inconsistent
herewith, as may be necessary and reasonable, governing the issuance
of any license provided for in this section.
c.
Taxicab Vehicle License.
1.
No licensed taxicab owner shall operate a taxicab vehicle until he
or she shall have made application, upon a form provided by the Township
Clerk and approved by the Chief of Police, for a Taxicab Vehicle License,
paid the required fee and shall have procured such license from the
Township Clerk. Each applicant for a license under the terms of this
section must conform to the following regulations:
(a)
Each vehicle must be properly registered for taxicab use with
the State of New Jersey;
(b)
The title to each vehicle must be in the name of the licensed
taxicab owner requesting the individual vehicle to be licensed;
(c)
The licensed taxicab owner requesting the individual vehicle
to be licensed shall not be in excess of the total number of vehicles
permitted to be licensed under his taxicab owner's license as provided
herein;
(d)
Fill out upon such form to be provided by the Township Clerk
a statement giving said applicant's full name, Township taxicab owner's
license, and such other reasonable information as may be required.
All applications herein shall be signed and sworn to by the applicant
and filed with the Township Clerk.
2.
Provide any other documentation and/or information required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey or similar law, rule or regulation.
3.
The Chief of Police is authorized and empowered to establish from
time to time such additional rules and regulations, not inconsistent
herewith, as may be necessary and reasonable, governing the issuance
of any license provided for in this section.
d.
Denial, Revocation or Suspension of Licenses. In addition to the
provisions of Chapter XI of the general licensing chapter covering
causes for which licenses may be revoked, the Township Council may
in their discretion refuse to issue or renew, or may after notice
and hearing revoke or suspend any license issued hereunder for any
of the causes or reasons listed below.
1.
License of any Class. Any license of any class or renewal thereof
may be denied, revoked or suspended if any applicant or licensee:
(a)
Has been convicted of a crime in this or any other jurisdiction.
(b)
Has been more than once convicted of being a disorderly person.
(c)
Has been found guilty of a violation of Title 39, "Motor Vehicles
and Traffic Regulations" of the Revised Statutes of New Jersey.
(d)
Violates any provision of this section or any ordinance of the
Township.
(e)
Has any judgment unsatisfied of record against him or her arising
out of an automobile accident in any place, or arising out of the
operation of a taxicab in the Township of Edison or any other place.
(f)
Failed or fails to render reasonably prompt, safe and adequate
taxicab service.
(g)
Has not complied fully with all requirements of this section.
(h)
Any misrepresentation of any material fact made or disclosed
in the application shall be cause for refusal to issue the license
and/or revocation of the license and/or the imposition of the penalty
provided for in this section.
2.
Taxicab Driver's License. Any taxicab driver's license may be denied,
revoked or suspended, in addition to the above causes for any of the
following reasons:
3.
Taxicab Owner's License. Any taxicab owner's license may be denied,
revoked or suspended, in addition to the above causes, for any of
the following reasons:
(a)
If the policy of insurance required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey or similar law, rule or regulation, or as required herein has once lapsed or such coverage is not maintained at all times.
(b)
If the owner is a corporation or other business entity required
to be authorized to do business under the laws of the State and is
not so authorized. No license shall be granted to operate a taxicab
business to any person or to any partnership or corporation who is
not, or the members or officers of which, are not persons of good
moral character.
(c)
If the address from which the applicant/owner intends to conduct
the operation of the taxicab business sought to be licensed is within
the Township of Edison, and the applicant has not secured a zoning
permit indicating that the business is permitted at such location
prior to the processing of the taxicab owner's license as required
herein.
4.
Taxicab Vehicle License. Any taxicab vehicle license may be denied,
revoked or suspended, in addition to the above causes, for any of
the following reasons:
(a)
If the motor vehicle licensed or to be licensed, by reason of
unsafe or unsanitary conditions, is dangerous to the safety or health
of the occupants or others.
e.
Appeal of Denial, Revocation or Suspension of Licenses.
1.
Any person, corporation, partnership or other entity aggrieved by
the denial, revocation or suspension of a license under this section
may appeal such denial to the Township Council.
2.
Any appeal hereunder shall be filed in writing and served on the
Township Clerk within ten (10) days of the license denial, revocation
or suspension, and if revocation or suspension was made by the Chief
of Police pursuant to subsection 11-30.14, the appeal shall be made
within ten (10) days after the hearing before the Chief of Police
and his/her decision as provided for in subsection 11-30.14.
3.
At the time such appeal is filed, the appellant shall pay to the
Township Clerk a nonrefundable fee of one hundred seventy-five ($175.00)
dollars and a written statement of the basis for the appeal.
4.
Any such appeal will be scheduled for hearing within thirty (30)
days of the filing of the appeal, provided, however, that the appeal
may be adjourned or continued by the Township Council for good reason.
[Ord. No. O.1836-2013]
a.
Upon satisfactory compliance with the above section, and approval
by the Chief of Police and Resolution of the Township Council there
may be issued by the Township Clerk to the applicant the requested
license which shall contain a photograph and signature of the licensee.
Any license so issued may be suspended upon recommendation of the
Chief of Police, for the cause of the violation of this section or
the regulations made thereunder or any applicable law, rule or regulation.
A suspended driver or owner may request a hearing before the Township
Council to appeal said suspension.
b.
The term of each class of license shall be as follows:
1.
A taxicab driver's license shall be issued as of the date of approval
and shall expire at midnight on December 31 of the year in which it
was issued, and shall not be transferable.
2.
A taxicab owner's license shall be issued as of the date of approval
and shall expire at midnight on December 31 of the year in which it
was issued, and may be transferable to a related business entity,
such as in the case of a change in the form of a business entity or
the purchaser or sale of all or part of a business entity, provided
that the new owner complies with subsection 11-30.16 regarding applications
and subsection 11-30.20 regarding fees.
3.
A taxicab vehicle license shall be issued as of the date of approval
and shall expire at midnight on December 31 of the year in which it
was issued, and may be transferable to a related business entity,
such as in the case of a change in the form of a business entity or
the purchaser or sale of all or part of a business entity, provided
that the new owner complies with subsection 11-30.16 regarding applications
and subsection 11-30.20 regarding fees.
[Ord. No. O.1836-2013]
Any change of address of any owner or driver licensed under
the provisions of this chapter must be reported in writing, to the
Division of Police within seventy-two (72) hours of such change. The
loss of operator license or taxicab license must be reported to the
Division of Police within twenty-four (24) hours of such loss. In
the event any licensed driver terminates his or her employment as
a driver or ends employment with one Edison based company and joins
another Edison Township based company, he or she shall return the
original license and any other paper or document in his or her possession
furnished to him or her by the Division of Police within seventy-two
(72) hours of such termination.
[Ord. No. O.1836-2013]
a.
When applying for the renewal of any license required by this section,
the holder of such license shall make such application upon a form
to be furnished by the Township Clerk. The Chief of Police shall cause
a background check to be completed in a manner consistent with law.
The taking of fingerprints from a driver whose prints are already
on file may not be required.
b.
Applications for any license renewal shall be filed with the Township
Clerk no sooner than November 1 and no later than December 1 of the
year proceeding the year for which application is being made. All
applications for renewals shall be acted upon prior to any consideration
being given to new applications, which shall be considered in the
order of their filing with the Township Clerk on a first come/first
served basis received after it is determined that there is a license
of any class available, except for taxi owner's licenses which is
available shall be issued as provided for in section 11-30.20d. Any
existing License for which an application for renewal is not made
by December 1 shall be deemed forfeited and shall be available to
a new applicant, and any application for renewal received after December
1 of any year shall be treated as an application for a new license.
[Ord. No. O.1836-2013]
a.
The sum of one hundred ($100.00) dollars shall be charged for the
issuance of each taxicab driver's license or the renewal thereof.
b.
The sum of five hundred ($500.00) dollars shall be charged for the
issuance of each taxicab vehicle license or the renewal thereof.
c.
The sum of one hundred fifty ($150.00) dollars shall be charged for
the issuance of each taxicab owner's license or the renewal thereof.
d.
The cost for a lost or destroyed license of any class shall be twenty-five
($25.00) dollars.
[Ord. No. O.1836-2013]
a.
The holder of every taxicab owner's license shall file a schedule
of rates with the Township Clerk's Office. The prices that may be
charged by the owners or drivers of taxicabs for the transportation
of passengers for hire, shall not exceed the rates filed with the
Township Clerk and approved by the Chief of Police and may not be
changed or modified without written approval from him or her.
b.
All prices charged shall be subject to a twenty-five (25%) percent
discount for persons over the age of sixty-two (62).
[Ord. No. O.1836-2013]
Changes in ownership or title to any taxicab business or taxicab
vehicle licensed under this section shall automatically revoke the
license for such taxicab owner's license or taxicab vehicle license.
The purchaser of such taxicab business and/or vehicle(s) must apply
for a license authorizing the operation of the business and/or vehicle
as heretofore set forth.
[Ord. No. O.1836-2013]
a.
No person other than the licensed driver of the taxicab shall drive or sit in the compartment of the taxicab reserved for the driver, nor shall the driver engage in cruising as defined in subsection 11-30.1; nor shall any driver or owner invite or permit loitering within or near his or her taxicab, nor solicit, drive or divert prospective patrons of any business establishment to any other similar establishment.
b.
Smoking shall not be permitted in any taxicab without the permission
of the passenger.
c.
No operator of any taxicab, whether licensed or not by the Township
of Edison, shall use a horn, siren, whistle, bell or other device
capable of emitting audible sound in order to pick-up customers, or
hawk, sell or otherwise advertise their services.
d.
All taxicab drivers, when operating their taxicabs, shall be clean
and neat of dress.
e.
Every taxicab driver shall, upon the completion of each and every
trip, make a search of the taxicab for any property lost or inadvertently
left therein and any such property, unless sooner claimed by or delivered
to the rightful owner, shall be taken to the Police Division within
six (6) hours of the finding thereof.
f.
All taxicab drivers shall comply with all reasonable and lawful requests
of passengers as to speed and the route to be taken. Where such requests
are not made by the passenger, such driver shall use lawful and reasonable
speed and the most expeditious route to be taken to such passenger's
destination.
g.
No driver of any taxicab shall induce any prospective passenger to
employ him by misinforming or misleading any such prospective passenger,
either as to time or place of the arrival or departure of any train
or motor bus or as to the location of any building or place or as
to the distance between any two (2) points.
h.
Any motor vehicle accident involving a taxicab and causing injury
to a person or persons or damage to property in excess of one hundred
($100.00) dollars shall be reported immediately by the driver to the
Police Department, and the taxicab shall not be moved until released
by the police, except in an emergency where there is immediate danger
to life or limb.
i.
No owner or driver of any licensed taxicab shall permit the use of
such taxicab for any illegal or immoral purpose.
j.
All persons engaged in the taxicab business in the Township, operating
under the provisions of this section, shall render an overall service
to the public desiring to use taxicabs.
k.
Holders of taxicab owner's licenses shall maintain a central place
of business which shall be kept open for the purpose of receiving
calls and dispatching cabs for at least the minimum hours stipulated
on the taxicab license.
l.
All taxicab licensees or their representatives shall answer all calls
received for taxicab service inside the Township limits as soon as
they can do so. If such services cannot be rendered within a reasonable
time, they shall then notify the prospective passenger as to how long
it will be before the call can be answered and give the reason therefor.
m.
Any licensee under this section or his representative who shall refuse
to accept a call for taxicab service anywhere within the Township
limits at any time when such licensee has a taxicab available or who
shall fail or refuse to give overall service shall be deemed a violator
of this section.
n.
Taxicab licensees shall not refuse service to any individual based
upon the individual's race, creed, color, national origin, ancestry
or sex.
o.
No driver shall permit any other person to occupy or ride in the
taxicab unless the person or persons first employing a taxicab shall
consent to the acceptance of an additional passenger or passengers.