[1973 Code § 67-1]
It shall be unlawful for peddlers, solicitors or canvassers,
as herein defined, to conduct their business or in any way solicit
except under the conditions provided in this section.
[1973 Code § 67-2]
As used in this section:
Shall mean any person who goes from house to house selling
or taking orders or offering to sell or take orders for goods, wares,
merchandise or any article for future delivery, or for services to
be performed in the future, or for the making, manufacture or repair
of any article or thing whatsoever for future delivery, or for the
solicitation of money for any purpose whatsoever.
Shall mean any person distributing, without charge, printed material espousing, explaining or advocating an organized and recognized religion or a political point of view, national, regional or local. Notwithstanding any provision hereof to the contrary, such person shall not be restricted or curtailed by the provisions contained herein, except that subsection 4-1.8 regulating the hours of such distribution shall apply.
Shall mean any person, commonly referred to as a "peddler"
or "hawker," who goes from house to house and carries with him goods,
wares and merchandise for the purpose of selling and delivering them
to a consumer or consumers, but shall not include the distribution
of religious or political material without charge.
[1973 Code § 67-3]
No peddler, solicitor or canvasser shall sell or dispose of,
or offer to sell or dispose of, or solicit for any wares, goods, merchandise
or services within the Borough without first having obtained a license
therefor in accordance with the provisions of this section and without
having paid the license fee as hereinafter prescribed, which license
shall expire on December 31 of the year of issuance.
[1973 Code § 67-4]
a.
Any person applying for a license under this section shall file with
the Municipal Clerk on forms to be provided by the Borough, an application,
in duplicate, for such license, together with the license fee of fifteen
($15.00) dollars, which fee shall be returned if such application
is rejected. Any person desiring a license as a peddler, solicitor
or canvasser shall furnish the following information or identification
items on forms to be supplied by the Municipal Clerk:
1.
Name and age of the applicant.
2.
Permanent home address of the applicant.
3.
Name and address of the firm or organization represented.
4.
Length of time the license is desired to be in effect.
5.
Description of wares, literature or matter to be distributed or offered
for sale.
6.
Two (2) photographs of the applicant taken within a period of one
(1) year preceding the application and not more than two (2) inches
square in size.
7.
The number, if any, of either arrests or convictions for misdemeanors,
crimes or other infractions of the laws in the nature of a criminal
offense, and the nature of the offense for which arrested or convicted.
8.
The fingerprints of the applicant.
b.
All applicants, except those specifically indicated in subsection 4-1.5 below, shall furnish with the application the following:
c.
When the application has been properly filled out and signed by the
applicant, the original and duplicate shall be filed with the Municipal
Clerk. The Clerk shall refer the original to the Police Department
who shall make or cause to be made an investigation of the applicant's
business responsibility and moral character as is deemed necessary
for the protection of the public good.
1.
If, as a result of such an investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Police
Department shall endorse on such application their disapproval with
their reasons therefor and return the said application to the Municipal
Clerk, who shall notify the applicant that the application is disapproved
and that no license shall be issued.
2.
Any determination by the Police Department that an application is
unsatisfactory shall be based on one (1) or more of the following
findings with respect to the applicant:
(a)
Conviction of a crime involving moral turpitude;
(b)
Prior violation of a peddling or soliciting ordinance;
(c)
Previous fraudulent acts or conduct;
(d)
Record of breaches of solicited contracts; or
(e)
Concrete evidence of bad character.
In the absence of any such finding, the Police Department shall
find the application satisfactory.
3.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Police Department shall endorse on the application their approval,
execute a license addressed to the applicant to conduct the business
applied for and return the license, with the application, to the Municipal
Clerk, who shall issue the license to the applicant. Such license
shall contain the signature of the issuing officer and shall show
the name, address and photograph of the licensee, the class of license
issued, the kind of goods or services to be sold, the date of issue,
the length of time the license shall be operative and the license
number and other identifying description of any vehicle used in the
peddling or soliciting activity licensed.
d.
The Municipal Clerk shall issue to each licensee at the time of delivery
of his license a receipt for the same which shall be shown upon request.
[1973 Code § 67-5]
a.
No fee shall be charged nor shall the requirements of subsection 4-1.4b apply in the case of applications made to peddle, solicit or canvass solely on behalf of and for the benefit of any recognized nonprofit religious, charitable, educational, civic, political or service organizations. All other application requirements shall be complied with.
b.
No license shall be required for any boy scout or girl scout who
shall peddle, solicit or canvass on behalf of his or her organization
while wearing his or her official uniform, nor for local volunteer
Firefighters or First Aid Volunteers in the Borough while wearing
clothes of suitable identification.
[1973 Code § 67-6]
a.
Following the filing of any application for license under the provisions
of this section and the satisfaction of all requirements herein, the
Municipal Clerk shall proceed to issue the license for which the application
was made.
b.
For peddlers, solicitors or canvassers, the license issued shall
not authorize any person, except the designated person named in the
license, to engage in such peddling, soliciting or canvassing. A separate
license must be obtained by a licensed peddler, solicitor or canvasser
for every agent or employee working for him.
[1973 Code § 67-7]
Any person holding a license authorized by this section shall
be required to carry the license with him at all times and, in door-to-door
canvassing or soliciting, shall hand the license to the person being
solicited or canvassed for inspection at the time the license holder
first approaches the individual.
[1973 Code § 67-8]
Peddling, soliciting and canvassing and distribution of religious
and political material shall be permitted only between the hours of
9:00 a.m. and sunset on Mondays through Saturdays.
[1973 Code § 67-9]
a.
Licenses issued under the provisions of this section may be revoked
by the Mayor and Council, after notice and hearing, for any of the
following causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license;
2.
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed;
3.
Any violation of this section;
4.
Conviction of any crime involving moral turpitude; or
5.
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
b.
Notice of a hearing for the revocation of a license shall be given
in writing. Such notice shall set forth the specific grounds of complaint
and the time and place of the hearing and shall be sent by registered
mail to the licensee at his last known address at least five (5) days
prior to the date set for the hearing.
[1973 Code § 67-10]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. In addition thereto, the Mayor and Council may revoke any license granted hereunder, or may suspend any license to be heard, for any violation of the provisions of this section or any other provision of the Code of the Borough of Rockleigh which may affect the operation of the licensee's business. In connection with the violation of this section, each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense and violation thereof.
[Ord. No. 10-01-05 § 1]
As used in this section:
Shall mean the taking of still or motion pictures, either
on film, video tape, or similar recording medium, for commercial or
educational purposes intended for viewing on video receivers, television,
in theaters or for institutional use.
Shall mean any and every public street, highway, or sidewalk
within the Borough which is within the jurisdiction and control of
the Borough.
[Ord. No. 10-01-05 § 2]
a.
No person shall film or permit filming within the Borough without
first obtaining a permit therefor, which permit shall set forth the
location of such filming and the date or dates and times when filming
shall take place. A permit is required to be applied for at least
three (3) days prior to the first date that filming is to take place.
b.
Permits shall be obtained in the office of the Municipal Clerk during
normal business hours. Applications for such permits shall be in a
form approved by the Municipal Clerk and shall be accompanied by a
permit fee in the amount established by ordinance of the Borough.
c.
One (1) permit shall be required for each location.
d.
One (1) permit shall be sufficient to authorize outdoor filming on
two (2) days and indoor filming on two (2) days within a period of
not more than ten (10) days beginning on the date of issuance of the
permit, provided that each date on which filming is to take place
shall be specified in the permit.
e.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Municipal Clerk may, at the request of the applicant, issue a
new permit for filming on other dates subject to full compliance with
all other provisions of this section. No additional fee shall be paid
for this permit.
[Ord. No. 10-01-05 § 3]
a.
No permit shall be issued for filming upon public lands within the
Borough unless the applicant for such permit:
1.
Provides proof of insurance coverage for bodily injury for any one
person in the amount of one million ($1,000,000.00) dollars and for
any aggregate in the amount of three million ($3,000,000.00) dollars.
The Borough shall be named as an additional insured on the policy
and a Certificate of Insurance shall be delivered to the Borough at
the time that permit is issued.
2.
Agrees in writing to indemnify and save harmless the Borough from
any and all liability or damages resulting from the use of such public
lands.
3.
Posts a bond in an amount to be determined by the Municipal Clerk
to guarantee and secure the Borough against any damage to person or
property and to guarantee cleanup and restoration of the areas in
which the filming takes place or other areas which may be damaged
or destroyed because of the filming. If no claim is made upon the
bond, the bond shall be returned to the permittee within thirty (30)
days of the completion of the filming.
b.
The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Borough Police Department with respect thereto.
c.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit to the extent possible
any interference with normal public activity on such public lands.
d.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon completion of filming or the expiration
of the permit, whichever comes first.
e.
Filming shall be permitted only Monday through Friday between the
hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.
f.
The Municipal Clerk may refuse to issue a permit whenever he determines,
on the basis of objective facts and after a review of the application
and a report thereon by the Police Department or by other Borough
agencies involved with the proposed filming site, that filming at
the location and/or time set forth in the application would violate
any law or ordinance or would unreasonably interfere with the public's
use of public lands, unreasonably interfere with the use and enjoyment
of adjoining properties, unreasonably impede the free flow of vehicular
or pedestrian traffic or otherwise endanger the public's health,
safety or welfare.
g.
Any person aggrieved by a decision of the Municipal Clerk denying
or revoking a permit or a person requesting relief pursuant to paragraph
I may appeal to the Mayor and Council. A written notice of appeal
setting forth the reasons for the appeal shall be filed with the Municipal
Clerk. An appeal from the decision of the Municipal Clerk shall be
filed within ten (10) days of the Municipal Clerk's decision.
The Mayor and Council shall set the matter down for hearing within
thirty (30) days of the day on which the notice of appeal was filed.
The decision of the Mayor and Council shall be in the form of a resolution.
A resolution supporting the decision of the Municipal Clerk or granting
relief pursuant to paragraph I shall be approved by the Mayor and
Council at the first regularly scheduled public meeting of the Borough
Council after the hearing on the appeal unless the appellant agrees
in writing to a later date for the decision. If such a resolution
is not adopted within the time required the decision of the Municipal
Clerk shall be deemed to be reversed and a permit shall be issued
in conformity with the application for the relief pursuant to paragraph
I shall be deemed denied.
h.
The Municipal Clerk may authorize a waiver of any of the requirements
or limitations of this section, and may authorize filming on other
public property not defined as "public lands" and may authorize filming
other than during the hours herein described, or may extend the duration
of a permit beyond ten (10) days or may waive any other limitation
or requirement of this section whenever he determines that strict
compliance with such limitations will pose an unreasonable burden
upon the applicant and that such a permit may be issued without endangering
the public's health, safety and welfare.
i.
The applicant shall notify the Fire Department and the Police Department
twenty-four (24) hours before filming takes place and permit the Fire
Department and the Police Department to inspect the site and the equipment
to be used. The applicant shall comply with all fire and safety instructions
issued by the Fire Department and the Police Department.
[Ord. No. 10-01-05 § 4; Ord. No. 2010-7]
Filming permits: $750.00
[Ord. No. 10-01-05 § 5]
The provisions of this section shall not apply to the filming
of news stories within the Borough.
[Ord. No. 2013-4]
Any person, firm or corporation who shall film or permit filming
within the Borough without first obtaining a permit therefor, or any
person, firm or corporation otherwise violating any of the provisions
of this section shall, upon conviction thereof, be subject to a fine
of five hundred ($500.00) dollars for the first offense and one thousand
($1,000.00) dollars for the second and each subsequent offense. In
connection with any such violation, each day such violation shall
continue shall be deemed and taken to be a separate and distinct offense
and a violation thereof.
[1973 Code § 48-1]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglar, fire and other emergency
alarm devices, whether by direct line, radio, telephone or other means,
actuating a device at the police headquarters of the police department
which provides police services for the Borough of Rockleigh, and requiring
response thereto by the Police Department which provides police services
to the Borough, Fire Department or other municipal agencies.
[1973 Code § 48-2]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the Police Department, Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this section shall not prohibit alarm companies from providing service by private source to other offices within or without the Borough of Rockleigh, so long as such activity is not connected to the alarm console. Any person having premises protected by such an alarm device shall, however, be responsible for the registration and reregistration thereof annually and shall pay the fees therefor as prescribed in the case of local alarms as set forth in subsection 4-3.5b
[1973 Code § 48-3; New]
As used in this section:
Shall mean a console or control panel of devices giving a
visual or audio response or both and located within the confines of
the municipal or police offices of the Borough of Rockleigh, or the
Borough's designee.
Shall mean any type of alarm system actuating equipment in
the alarm console providing warning of intrusion, fire, smoke, flood
or other peril or danger.
Shall mean any alarm device or combination of devices installed
for one (1) or more buildings at a location other than the alarm console.
Shall mean any facility operated by a private firm that owns
or leases a system of emergency alarm devices, which facility is manned
at all times by trained operators employed to receive, record and
validate alarm signals, and to relay information concerning such validated
signals to the Police Department which provides police services to
the Borough, as determined by the Mayor and Council.
Shall mean any alarm device which when activated, transmits
a signal to an interborough alarm or central alarm station. Upon transmittal
of such signal, a person from the central alarm station then validates
the signal and transmits same to the Borough of Rockleigh, or to the
police department providing police services to the Borough.
Shall mean a member of the Police Department providing police
services to the Borough, a member of the Fire Prevention Bureau of
the Borough of Rockleigh, or such other municipal officials as shall
be designated by the Mayor and Council.
Shall mean that type of device using telephone lines transmitting
an alarm directly through an emergency switchboard.
Shall mean any alarm actuated by inadvertence, negligence
or the intentional or unintentional act of someone other than an intruder
or by smoke, fire or heat and shall include as well alarms caused
by malfunctioning of the alarm device or other relevant equipment,
but shall not include alarms created by malfunction of the alarm console.
Shall mean any alarm or device which, when actuated, produces
a signal not connected to the alarm console, such as store or home
burglar alarms actuating bell devices.
Shall mean any person owning an alarm device or a local alarm
within the scope of this section.
Shall mean and include any natural person, partnership, corporation
or association.
[1973 Code § 48-4; New]
a.
The Police Department providing services to the Borough of Rockleigh
has established a Police Alarm Console. Connection with the console
shall be maintained under an agreement between the Borough of Rockleigh
and the Police Department providing police services to the Borough
of Rockleigh and its designated representative.
b.
Any connection to the alarm console shall be of a type inspected
and approved by the Police Department providing police services to
the Borough of Rockleigh and by the Borough of Rockleigh or its designated
representative.
c.
All alarms existing as of the date of the adoption of this section
(except dial alarms) shall be connected hereunder to the alarm console
and no connection cost for such transfer shall be permitted.
d.
Any permittee for any alarm device shall be required to register
the same annually with the Police Department providing police services
to the Borough of Rockleigh or its designated representative or by
the Borough of Rockleigh or its designated representative and shall
be required to pay the following fees:
1.
For the initial hookup, registration and testing of a new system,
of a replacement of an existing system or of a substantial modification
of an existing system, a flat fee of fifty ($50.00) dollars, regardless
of the time of year in which the same shall occur.
2.
An annual fee for the continued privilege of connection to the alarm
console in the sum of one hundred ($100.00) dollars payable at the
time of the hookup if the same occurs between January 1 and June 30
of any calendar year; if hookup occurs on July 1 or thereafter, the
annual fee for that year shall be fifty ($50.00) dollars and thereafter
one hundred ($100.00) dollars annually. Fees for existing alarms or
renewals of existing or future alarms shall be paid no later than
January 31. Penalty for later payment will be fifteen ($15.00) dollars
per month or part thereof.
3.
For any alarm system disconnected from the alarm console or any discontinuance
of a dial alarm or a local alarm, the permittee shall be required
to give notice thereof of such discontinuance and shall be required
to pay a fee of ten ($10.00) dollars within ten (10) days of disconnection
and shall also comply with the provisions of the Rockleigh Fire Code
regarding disconnecting of fire and smoke alarm systems.
4.
In the event that any permittee does not pay the required fees as
set forth in this section, he shall be given notification in writing
and, if such fee is not paid within fifteen (15) days of the date
of mailing this notice, the alarm device shall be temporarily disconnected
from the alarm console and shall not be connected until the overdue
payment is made and an additional reconnection fee of five ($5.00)
dollars is charged.
5.
In the event that the permittee has an alarm system using more than
one (1) module so as to activate separate signals for intrusion versus
fire, hookup fees and annual fees shall be paid for each type of system.
6.
All fees set forth herein shall be in addition to any other fees
or charges made by the Police Department providing police services
to the Borough of Rockleigh or its designated representative alarm
system applicable to the Police Department. Fire alarm fees received
by the Borough of Rockleigh under the provisions hereof shall be accredited
to the Fire Prevention Bureau.
[1973 Code § 48-5; New]
a.
Any person, firm or corporation which owns or operates a police alarm
device or a local alarm shall make application for the continuance
thereof in writing to the Police Department providing police services
to the Borough of Rockleigh or the designated representative, which
application shall contain at least the location of the device, the
name of the installer of the device, the type of device, provisions
relating to false alarms and testing procedures, a list of persons
to be contacted in the event of an alarm and other information as
may be required. In addition, any permittee shall list the names of
three (3) persons; nonresidents of the premises protected by the alarm
device and situated within one-half-hour travel distance from the
Borough of Rockleigh, who have keys to the protected premises and
the permittee shall file with the Police Department providing police
services to the Borough of Rockleigh or the designated representative
a key for the premises to be held under specific security measures
as established by the Police Department providing police services
to the Borough of Rockleigh or the designated representative; provided,
further, that in so doing the owner shall be deemed to have released
the Borough of Rockleigh, the Police Department providing police services
to the Borough of Rockleigh and the designated representative from
any claims for damage or loss in connection with any entry made by
members of the Police Department providing police services to the
Borough of Rockleigh or the designated representative in temporarily
disconnecting the system or entries made by any other persons at other
times.
b.
Local alarms shall be registered and registration fee of five ($5.00)
dollars shall be charged therefor and a reregistration fee of five
($5.00) dollars annually shall be charged.
[1973 Code § 48-6]
The Borough of Rockleigh and its agents, servants, employees,
officials and representatives shall be under no duty or obligation
to any permittee hereunder. The alarm console and allied equipment
shall be maintained at will and is subject to termination at any time
by cancellation of the system by resolution duly adopted by the Mayor
and Council. Any individual permit issued hereunder may be revoked
at any time by the Mayor and Council upon recommendation of the Public
Safety Committee of the Council, provided that thirty (30) days'
notice is given in writing to the permittee. Any permit granted hereunder
shall be accepted upon the express condition that the permittee shall
indemnify and hold the Borough of Rockleigh and its agents, servants,
employees, officials and representatives harmless from and on account
of any and all damages arising out of the operation or failure of
alarm console or the permittee's alarm device.
[1973 Code § 48-7; Ord. No. 05-03-05; New]
b.
All fire or smoke alarm devices shall be installed in accordance
with the requirements of the Fire Prevention Code and with the approval
of the Fire Official.
c.
Any licensee for the alarm console and any permittee utilizing the
services of any other alarm company connected to the console shall
provide for a representative to be on call at all times and such service
shall be provided within eight (8) hours of notification by the Police
Department providing police services to the Borough of Rockleigh or
the designated representative of any malfunctions of equipment.
d.
In case of false alarms, any person having knowledge thereof shall immediately notify the Police Department providing police services to the Borough of Rockleigh or its designated representative alarm system in a manner to be prescribed by rules and regulations in accordance with subsection 4-3.8. In addition, in the case of false alarms, an investigation shall be made and a record of alarms shall be kept on file.
1.
For such false alarms, the Mayor and Council prescribes the following
penalties:
(a)
For false alarms (occurring after the adoption of this section,
the replacement of an existing system or the substantial modification
of an existing system) in which the Fire Department is either alerted
or is alerted and responds, in any calendar year, i.e., January 1
to December 31, both inclusive:
(1)
For the first and second false alarm, a warning shall be issued.
(2)
For the third through 10th false alarm, both inclusive, a minimum
fine of two hundred fifty ($250.00) dollars shall be paid to the Borough
of Rockleigh for each such false alarm.
(3)
For the 11th false alarm and thereafter, a fine of three hundred
fifty ($350.00) dollars shall be paid to the Borough of Rockleigh
for each such false alarm.
(b)
For all other false alarms during any such calendar year:
(1)
For the first and second false alarms, a warning shall be issued.
(2)
For the third through 10th false alarm, both inclusive, a minimum
fine of twenty-five ($25.00) dollars shall be paid to the Borough
of Rockleigh for each such false alarm.
(3)
For the 11th false alarm and thereafter, a fine of one hundred
($100.00) dollars shall be paid to the Borough of Rockleigh for each
such false alarm.
2.
Following the issuance and service of any summons and complaint for
a false alarm:
(a)
The permittee, within the ten (10) days next following the service
of the summons for a false alarm, may request in writing to the Mayor
and Council that the Mayor and Council to review such information
as may be presented to the Mayor and Council by the permittee or pursuant
to the investigation referred to in the opening paragraph of this
paragraph d of this subsection which discloses to the satisfaction
of the Mayor and Council that the permittee was not responsible for
the transmission of a false alarm, i.e., by way of illustration and
not of limitation, it was a result of a drop in water pressure in
the Borough water mains, a utility company electrical power failure,
an improper dispatching of emergency personnel or where the permittee
has been servicing his alarm system and has so notified the Fire Dispatcher
(in the case of false fire alarms), his alarm company and the Police
Department providing police services to the Borough of Rockleigh or
its designated representative. For the purposes of this section, the
Mayor may appoint a committee consisting of any three (3) members
of the Council to consider the results of such investigation and whether
or not to recommend, on behalf of the Mayor and Council, that the
summons and complaint be dismissed. Such recommendations shall be
forwarded to the Municipal Prosecutor and the permittee for presentation
to the Municipal Court at the hearing. In the event that no recommendation
for dismissal is received by the Municipal Court within thirty (30)
days after the service of the summons and complaint, the Municipal
Court can presume that none shall be forthcoming. In any event, however,
the Municipal Court may proceed with the hearing and determination
of any false alarm matter before it regardless of the provisions of
this paragraph d2(a) of this subsection.
(b)
Where an investigation shall disclose continued abuse of the
privilege of connection to an alarm console and an unreasonable disregard
by the permittee in taking remedial steps to avoid false alarms, the
Mayor and Council, in its discretion, may require the permittee to
disconnect from the alarm console for a limited or permanent period
of time, provided that no such permit shall be revoked or suspended
without giving the permittee an opportunity to show cause before the
full Mayor and Council why such action should not be taken.
3.
The disposition of each and every false alarm complaint to which
penalties under paragraphs d1(a)(3) and d1(b)(3) of this subsection
would apply shall be made by the Municipal Court and not by the Violations
Bureau.
e.
Any unauthorized equipment may be disconnected by the Police Department
providing police services to the Borough of Rockleigh or its designated
representative, the Bureau of Fire Prevention or the designated representative
for noncompliance with this section and any person installing or maintaining
unauthorized equipment shall be prosecuted for violation of this section.
Each and every day the equipment is in operation shall be considered
a separate violation. Any permittee shall, by acceptance of the permit,
be deemed as having consented to inspection of the premises on which
the alarm devices are installed at reasonable hours by the Police
Department providing police services to the Borough of Rockleigh or
its designated representative, Fire Prevention Bureau or the designated
representative.
[1973 Code § 48-8; New]
Dial alarm devices shall be permitted only during the following
conditions:
a.
All owners of dial alarms shall register the same in the manner set forth in paragraph a of subsection 4-3.5.
b.
No dial alarm devices shall be finally registered until a test alarm
has been made by the owner in conjunction with the Police Department
providing police services to the Borough of Rockleigh or the designated
representative.
c.
No dial alarm devices shall be permitted unless of a type approved by the Police Department providing police services to the Borough of Rockleigh or the designated representative, in accordance with the rule promulgated under subsection 4-3.9. Any such equipment shall have the approval of the telephone company providing service to the permittee.
d.
All dial alarms shall be coded to dial a special separate number,
which number can be obtained from the Police Department providing
police services to the Borough of Rockleigh or the designated representative,
and no dial alarm shall be coded to dial the number of the general
Police Department providing services to the Borough switchboard.
e.
Any dial alarm device shall be coded as well to notify a relative,
neighbor or other third party who will be disclosed in the registration
of the equipment as required by this chapter.
f.
All dial alarm devices shall be capable of disconnection to enable
the owner to advise that a false alarm has occurred.
g.
For dial alarm devices the owners shall pay the Borough of Rockleigh
an annual fee of twenty ($20.00) dollars to cover the cost of registration,
testing, and to amortize the cost of the special telephone line or
lines required in the Borough Hall along with ancillary tape devices
necessitated by these systems.
h.
Owners of dial alarm devices shall be governed by the false alarm procedures and penalties set forth in subsection 4-3.7d.
i.
In the event that any person has a dial alarm device in existence
at the time of passage of this section, he shall have thirty (30)
days in which to pay the annual fee. Any person not complying shall
be liable to a fine payable to the Borough of Rockleigh in the amount
of fifty ($50.00) dollars. Each day of noncompliance after thirty
(30) days shall constitute a separate violation.
j.
Any person having a dial alarm device which dials the general Police
number upon discovery thereof shall receive notice in writing requiring
the owner to comply with the terms of this section and, if the owner
fails to do so within thirty (30) days of the receipt of the notice,
he shall be liable to pay the Borough of Rockleigh a fine of fifty
($50.00) dollars and an additional fine not to exceed fifty ($50.00)
dollars for each day thereafter in which the owner fails to do so.
k.
The contents of any recorded message from a dial alarm device shall
be intelligible and in a format approved by the Police Department
providing police services to the Borough of Rockleigh or the designated
representative. No such message shall be transmitted more than three
(3) times as a result of a single stimulus of the mechanism and messages
shall not exceed fifteen (15) seconds and the time gap between delivery
shall be approximately ten (10) seconds.
l.
The sensory mechanism of such devices shall be adjusted so as to
suppress false indications and not to 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.
m.
All components of such equipment shall be maintained by the owner
in good repair and when evidence exists that there has been failure
to comply with the operational requirements of this section, the Police
Department providing police services to the Borough of Rockleigh or
its designated representative is then authorized to demand that such
device be disconnected until such time as compliance with current
requirements is reestablished.
[1973 Code § 48-9; New]
b.
Local alarms shall be of a type that shall be limited to sounding
an alarm for no more than fifteen (15) minutes.
c.
In the event of malfunction of the equipment or a real activation
of the equipment and persons cannot be located to secure the device
or the Police Department providing police services to the Borough
of Rockleigh or the designated representative is unable to secure
the device, the permittee shall be liable to pay a penalty of twenty-five
($25.00) dollars.
[1973 Code § 48-10; New]
a.
All owners or lessees of central alarm systems shall register same
in the manner set forth in this section.
b.
No central alarm system shall be finally registered until a test
alarm has been made by the owner in conjunction with the Police Department
providing police services to the Borough of Rockleigh or the designated
representative.
c.
For central alarm systems, the owner or lessee shall pay to the Borough
of Rockleigh an annual fee of twenty ($20.00) dollars to cover the
cost of registration, testing and additional Police facilities necessitated
by this system.
d.
Owners and/or lessees of central alarm systems shall be governed
by the false alarm procedure and penalties set forth in this section.
e.
Any person who has a central alarm system already installed at the
time of the adoption of this section shall have thirty (30) days within
which to pay the annual fee. Noncompliance therewith shall be punishable
by a fine of fifty ($50.00) dollars. Each day of noncompliance after
thirty (30) days shall constitute a separate violation.
f.
All components of such equipment shall be maintained by the owner
in good repair and when evidence exists that there has been a failure
to comply with the operational requirements of this section, the Police
Department providing police services to the Borough of Rockleigh or
its designated representative is authorized to demand that such device
be disconnected until compliance with current requirements is reestablished.
[1973 Code § 48-11; New]
Except as otherwise provided in Section 4-3, any person, firm or corporation found guilty in the Municipal Court of the Borough of Rockleigh for violation of the terms of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each day shall constitute a separate violation.
[Ord. No. 2011-9]
The purpose of this section is to establish, pursuant to N.J.S.A.
40-48-2.49 a list of towing contractors to provide towing services
for the Borough of Rockleigh on a rotating basis ("towing list"),
and regulations governing operators engaged in the removal of motor
vehicles. The Borough of Northvale provides police protection services
in the Borough of Rockleigh. Accordingly, the regulations governing
towing and storage will be consistent with those regulations established
by the Borough of Northvale.
a.
An individual or entity seeking placement on the towing list shall
be required to submit an application and receive the approval of the
Police Department of the Borough of Northvale, which provides police
protection services to the Borough of Rockleigh, ("Police Department")
prior to the issuance of a license.
b.
All applicants are required to complete a form furnished by the Police
Department providing any and all information prescribed by the Chief
of Police of the Borough of Northvale ("Chief of Police"). Any application
deemed incomplete will be disregarded without any further notification.
c.
Each towing contractor ("towing contractor") must be able to demonstrate
to the Borough that it is thoroughly qualified and experienced in
the towing and removal of vehicles of all types, and that it has adequate
facilities, equipment, expertise, licensing, and personnel to perform
the services required by these specifications in a manner satisfactory
to the Police Department.
d.
The Police Department shall conduct a background check of the towing
contractor, its officers and employees, prior to making a determination
of placement on the towing list.
e.
A license may be denied, suspended, or revoked upon any of the following
grounds:
1.
Submitting a fraudulent or misleading application.
2.
A criminal conviction of the towing operator or a named principal
of the towing operator.
3.
Failure to respond reliably to calls for assistance or any other
unsatisfactory performance action which interferes with the proper
operation of the rotating system maintained by the Police Department.
4.
Failure to utilize safe and adequate equipment as defined herein.
5.
Violations of motor vehicle laws and/or municipal ordinances.
6.
Failure or refusal to tow or remove a motor vehicle when requested
to do so by an appropriate municipal official.
7.
Violations of the Zoning Chapter of the Rockleigh Borough Code or
any other applicable ordinances or codes of the Borough of Rockleigh
or Northvale to the use or condition of the premises used by the towing
contractor in conducting the towing business.
8.
Violations of the provisions of this section or any of its rules,
regulations, and policies promulgated hereto.
f.
Licenses shall be applicable for a one-year term, which shall commence
January 1 through December 31. An application must be submitted to
the Police Department on or before December 1 for review to serve
for the succeeding year. All applications shall be accompanied by
a nonrefundable fee in the amount of one hundred twenty-five ($125.00)
dollars.
g.
Licenses shall be renewed annually by December 31 of the preceding
year. Towing contractors already on the towing list will receive a
renewal application by mail. The renewal fee shall be in the amount
of seventy-five ($75.00) dollars.
[Ord. No. 2011-9]
a.
When an application for a license is denied by the Borough of Rockleigh,
the applicant may serve a notice requesting a hearing. Said notice
shall be served on the Municipal Clerk, and the applicant shall be
set a hearing at a regularly scheduled meeting of the Governing Body.
b.
Proceedings for the suspension or revocation of a license shall be
initiated by the service of a notice setting forth the charges proffered
against the towing contractor. Said notice shall be served by the
Chief of Police or his/her designee, either personally or via certified
mail, return receipt requested, and shall contain a date, time, and
a place for a hearing to be held by the Governing Body of the Borough
of Rockleigh. The towing contractor shall have the right to file an
answer to the notice and to appear in person, or be represented by
counsel, and give testimony at the place and time fixed for the hearing.
[Ord. No. 2011-9]
a.
A towing list of the accepted towing contractors shall be kept with
the Chief of Police. Each new towing contractor shall be placed on
the bottom of the towing list upon registration with the Borough.
The towing list shall be a rotating list as provided in paragraphs
b, c, and d of this subsection.
b.
The Police Department will call the towing contractor on the top
of the towing list on the towing rotation schedule, on an as-needed
basis. The towing contractor that is called, if it shall perform any
of the services covered by this section, shall be placed at the bottom
of the towing list and not called again until all other on-call towing
contractors on the towing list have been called.
c.
If a towing contractor is unavailable to perform required services
when called upon by the Police Department, for any reason whatsoever,
the towing contractor shall be charged with a call and placed at the
bottom of the towing list, and the next available on-call towing contractor
shall be called.
d.
If a towing contractor, after being dispatched, is recalled and is
not required to perform any duties or services covered by this section,
the towing contractor shall remain on the top of the towing list.
However, if a towing contractor arrives at the scene of an incident
in which its services are required and cannot perform said services,
it shall lose its place on the towing list, and the next on-call towing
contractor on the towing list shall be called.
[Ord. No. 2011-9]
a.
All towing contractors placed on the towing list shall be available
twenty-four (24) hours per day, seven (7) days per week, to respond
to a call in accordance with the towing rotation schedule of on-call
status established by the Chief of Police.
b.
All towing contractors shall respond to a call in any part of the
Borough within fifteen (15) minutes. If a towing contractor does not
respond within fifteen (15) minutes of a call, the towing contractor
next on the list shall be called and entitled to provide services
as needed, and the first towing contractor shall forfeit any claim
to compensation.
c.
All drivers and operators of towing vehicles shall be properly licensed
to operate a motor vehicle within the State of New Jersey and are
subject to driver's license checks by the Police Department at
the time of registration and at least on an annual basis thereafter.
All towing vehicles shall be properly registered and inspected in
accordance with the applicable laws.
d.
All drivers and operators of towing vehicles must tow their vehicles
in a safe manner.
e.
All towing contractors shall be capable of providing reasonable roadside
services to disabled vehicles such as, but not limited to, jump-starting,
changing of flat tires, and providing fuel. Such services shall only
be performed if they can be done safely, as determined by the police
officer on the scene.
f.
All towing contractors shall make available a copy of its basic rates
and a business card to all owners and operators of motor vehicles
which will be towed.
g.
All towing contractors shall keep accurate records of all motor vehicles
towed and stored at the direction of the Police Department. A copy
of such records shall be provided to the Borough upon request.
h.
Towing contractors shall not remove any motor vehicle which has been
abandoned or involved in an accident in any public roadway without
first notifying the Police Department.
i.
The owner of a motor vehicle shall have the right to request a towing
service only if there is no emergency situation or imminent road hazard
as determined by the Police Department.
j.
The towing contractor shall notify the Police Department of all vehicles
found by the towing contractor to have been abandoned and not claimed
within fourteen (14) days after being stored. The Police Department
shall, upon notification, expeditiously process the vehicle in accordance
with the New Jersey Motor Vehicle Code concerning abandoned and unclaimed
motor vehicles.
k.
In the case of multiple vehicles, the towing contractor or the Police
Department may request the help of another towing contractor on the
towing list.
[Ord. No. 2011-9]
a.
All storage facilities operated or used by a towing contractor shall
meet all local zoning and code requirements, and must be located within
five (5) miles of the geographic center of the Borough of Rockleigh
or within the Borough.
b.
All towing contractors shall have an indoor storage facility at its
disposal for motor vehicles which have been involved in criminal activity
and impounded by the Police Department.
c.
All storage facilities shall have a business office open to the public
between normal business hours at least five (5) days a week, excluding
holidays.
d.
All outside storage facilities shall be secured and fully enclosed
by a sturdy fence having a minimum height of six (6) feet, with a
lockable gate for ingress and egress, and shall be lighted from dusk
to dawn.
e.
A towing contractor shall not charge a release fee or other fee for
releasing motor vehicles to their owners after normal business hours
or on weekends.
[Ord. No. 2011-9]
The following fees are established as being the usual and customary
rates for towing and storage of automobiles, trucks, vans, motorcycles,
mopeds, and scooters.
a.
A fee in connection with towing services for impounded or abandoned
vehicles shall be in the amount of seventy-five ($75.00) dollars per
vehicle.
b.
Towing in connection with accident calls shall be at a minimum in
the amount of seventy-five ($75.00) dollars per vehicle. Additional
time spent at the accident scene over one-half (1/2) hour shall be
in the amount of seventy ($70.00) dollars per hour.
c.
Storage fees shall be in the amount of thirty-five ($35.00) dollars
per day.
d.
Service calls, which constitute any service other than towing, use
of flatbed, or winching shall be in the amount of fifty ($50.00) dollars
per call to the scene.
[Ord. No. 2011-9]
a.
The owner or operator of any motor vehicle requiring towing or storage
shall have the right to remove all personal items and effects from
the motor vehicle unless the Police Department has placed a police
hold on any such items.
b.
The motor vehicle owner or his representative shall have the right
to take photographs of any stored vehicle for insurance purposes.
c.
Upon request of the motor vehicle owner or his representative, a
towing contractor shall provide a detailed and itemized bill for all
services rendered.
[Ord. No. 2011-9]
a.
All towing vehicles providing towing services herein shall meet all
of the requirements of the New Jersey Revised Statutes Title 39, Motor
Vehicles and Traffic Regulation.
b.
All towing vehicles must have radio equipment with a twenty-four
(24) hour dispatch service or a cellular telephone for the purpose
of maintaining communication with the Police Department radio desk.
c.
All towing vehicles must be equipped with at least one (1) fire extinguisher,
safety chains, substances for application to small liquid spills,
and stiff push brooms to clean debris at the scenes, one (1) broom
and shovel, emergency warning lights and one (1) set of dolly wheels.
[Ord. No. 2011-9]
All towing services shall be responsible for collection of their
fees for services rendered.
[Ord. No. 2011-9]
Towing contractors shall be required to purchase, maintain,
and provide during the time of service on the towing list proof of
insurance furnished by a reputable insurance company licensed to do
business in the State of New Jersey containing the following coverage:
a.
Fire, theft, collision and comprehensive including vandalism and
malicious mischief in the minimum amount of $50,000.00.
b.
Liability and property damage insurance covering the towing contractor's
business, equipment and other vehicles in the minimum amount of $500,000.00
for single-limit coverage and $100,000.00 for all damages arising
from the injury.
c.
Workers' compensation insurance as required by law, including,
but not limited to, statutory New Jersey workers' compensation
benefits, and employers' liability in the minimum amount of $100,000.00.
[Ord. No. 2011-9]
a.
All violations of this chapter, and all complaints by the public
or Police Department against any towing contractor, shall be forwarded
to the Mayor and Borough Council.
b.
The Mayor and Borough Council, in their discretion, shall determine
if any complaint or violation against a towing contractor is of such
a serious nature as to warrant a hearing and possible disciplinary
measures. If the Mayor and Borough Council decide that a hearing is
required, it shall, upon proper notice to all interested parties,
conduct a hearing in which all parties may present evidence. If, after
a hearing, the Mayor and Borough Council find that a towing contractor
has violated any provision of this section, it may in accordance with
the gravity of the offense:
1.
Fine the violating party an amount not exceeding the sum of one thousand
($1,000.00) dollars.
2.
Suspend the violating party from the towing list for a period of
time not exceeding three (3) months for a first offense; not exceeding
six (6) months for a second offense; not exceeding one (1) year for
a third offense.
3.
Permanently remove the violating party from the towing list for any
violation after its third offense.
[Ord. No. 2011-9]
The towing contractor shall execute a separate certification
stating that it will hold harmless, indemnify and defend, at the towing
contractor's expense, the Borough, its employees and officials
from any and all claims, demands, suits, or actions for personal injury
or property damage brought against the Borough, its employees and
officials for any activities which arise out of any services performed
pursuant to this chapter.
