City of Summit, NJ
Union County
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Table of Contents
Table of Contents
[Ord. No. 1174 § 3; Ord. No. 2254 § 3]
Every person required to procure a license application or permit under the provisions of any ordinance, law, regulation or policy of the City shall submit an application for such license to the proper City License Officer. The form of this application shall comply with the applicable laws and ordinances of the City of Summit. The application shall be accompanied by the full amount chargeable for such license, application or permit. License fees shall be in amounts established in the Revised General Ordinances of the City of Summit. No refunds will be made once an application is made regardless of action taken.
[Ord. No. 1174 § 4; Ord. No. 2254 § 4]
The City License Officers shall collect all license application or permit fees, shall issue license applications and permits in the name of the City or refer to Council for issuance in accordance with the governing ordinance and shall promulgate and enforce all reasonable rules and regulations necessary for the operation and enforcement of this section and other applicable laws and ordinances of the City.
[1]
Editor's Note: Prior ordinance history includes portions of 1983 Code Part VI T.15 §§ 3.01–3.08, 4.01, 4.02, T.15A5–T.15A9 and Ordinance Nos. 1174, 1810, 1842, 2254.
[Ord. No. 07-2775 § 1]
This section shall be known and cited as the "Private Alarm System and Warning Device Regulations" of the City of Summit. It is the purpose of this section to aid in (a) crime detection and prevention and (b) fire detection and control.
[Ord. No. 07-2775 § 1]
As used in this section:
ALARM PANEL
Shall mean equipment within the dispatch office in the City's Fire Department which indicates the existence of a fire emergency.
BUSINESS
Shall mean retail store, personal service facilities, such as taverns, restaurants and fast food restaurants, commercial and professional offices, theaters and funeral parlors but not including financial institutions.
CITY
Shall mean City of Summit.
FALSE ALARM
Shall mean the activation of a private alarm system or warning device by causes other than those to which the alarm system or warning device was designed or intended to respond. An alarm activated by utility service activities or unusual weather conditions shall not be considered a false alarm.
FAULTY PRIVATE ALARM SYSTEM
Shall mean a private alarm system which is not operating properly or in accordance with its stated purpose or form which has emanated one (1) or more false alarms.
FAULTY WARNING DEVICE
Shall mean a private warning device which is not operating properly or in accordance with its stated purpose or from which has emanated one (1) or more false alarms.
FINANCIAL INSTITUTIONS
Shall mean a commercial or savings bank or trust company, or a savings and loan association.
PERSON
Shall mean an individual, partnership, association or corporation.
PRIVATE ALARM SYSTEM
Shall mean any system installed to serve a residence, store, building or other facility and designed or used for detection of fire, smoke or similar hazards, the detection of unauthorized entry, or of the commission of an unlawful act or more than one (1) of the foregoing, or for reporting any emergency, which system communicates or causes the communication of information to a central station or the alarm panel in the City's Fire Headquarters. A private alarm system includes, but is not limited to, any one of the following types:
DIRECT SYSTEM
Which provides direct connection by a telephone lease line, radio waves, cable or any electrical means from a specific location to the alarm panel in Fire Headquarters to provide a visual or auditory signal.
TAPE DIALER SYSTEM
Which automatically selects a telephone trunk line of the Fire or Police Department and then reproduces a prerecorded message.
CENTRAL STATION SYSTEM
Which automatically alerts a person beyond the limits of the property who is engaged in the business of relaying information to the Fire or Police Department.
WARNING DEVICE/LOCAL AUDIBLE ALARM
Shall mean any device installed to serve a residence, store, building or other facility and designed to sound an alarm by a bell, horn, siren or other noisemaking instrument located upon the property where the device is installed and audible beyond the limits of the property in the event of the presence of fire, smoke or similar hazards, unauthorized entry, or of the commission of an unlawful act, or more than one (1) of the foregoing.
YEAR
Shall mean the twelve (12) month period commencing January.
[Ord. No. 07-2775 § 1; Ord. No. 11-2957]
No person shall maintain, use, or cause or permit to be used any private alarm system within the City unless the alarm has been registered with the Summit Police Department in accordance with the provisions of this section.
[Ord. No. 07-2775 § 1; Ord. No. 11-2957]
Any person desiring to install, maintain, use or cause or permit to be used a private alarm system or warning device for property owned or occupied by such person shall submit a written application to the Chief of Police for the registration of such system. The application shall require the following information over the signature of the applicant:
a. 
The name, address, telephone numbers of the property owner and/or applicant;
b. 
The location of the property to be served;
c. 
The name, address and telephone number of the person or company which will furnish and maintain the private alarm system;
d. 
The name and telephone numbers of three (3) persons located within five (5) miles of the City to be notified of an alarm or false alarm at any time when no one is present on the property served by the system; such person(s) capable of responding, providing access and resetting the alarm system;
e. 
The particular type of private alarm system or warning device for which the registration is sought;
f. 
Consent to inspection of the premises on which the private alarm system or warning device is installed at reasonable hours by the Chief of Police and/or Fire Chief, or their designated representatives; and
g. 
The registrant shall comply with all other provisions of this section.
[Ord. No. 07-2775 § 1; Ord. No. 11-2957]
At the time an application is submitted to the Chief of Police for registration of a private alarm system or warning device/local audible alarm as defined in subsection 4-2.2, an initial fee of sixty ($60.00) dollars shall be paid to the City for the year in which the initial registration is granted.
Every application for the renewal of a registration for a private alarm system or warning device as defined in subsection 4-2.2, shall be accompanied by an annual fee of twenty-five ($25.00) dollars for each such system.
The aforesaid fees shall not be prorated by reason of the date upon which an application is filed; the fee shall be refunded to the applicant in the event that a registration is not issued.
[Ord. No. 07-2775 § 1]
Every registration issued for a private alarm system or warning device shall expire on December 31 of the year in which it is issued.
[Ord. No. 07-2775 § 1]
All registrations for private alarm systems and warning devices shall be granted upon the following terms and conditions:
a. 
A registration shall be required for each separate residence, store, building or other facility and no registration shall be transferred or assigned in any manner;
b. 
If requested by the City Administrator, Fire Chief, or Police Chief, an applicant shall furnish complete information and specifications for the system. Such information shall include specific data relating to testing procedures and the prevention of false alarms;
c. 
Every private alarm system and warning device shall be maintained in proper working condition;
d. 
Any private alarm system connected directly to the Fire Department dispatch center shall be electrically compatible therewith;
e. 
No private alarm system which automatically dials a telephone trunk line at the Fire or Police Department shall dial any number except one specified by the Fire or Police Chief;
f. 
Any prerecorded telephone message to the Fire or Police Department resulting from the operation of a private alarm system shall be worded in a form approved by the Fire or Police Chief;
g. 
No prerecorded telephone message to the Fire or Police Department resulting from the operation of a private alarm system shall repeat or remain connected for a continuous period of more than three (3) minutes; and
h. 
Every registration shall be subject to rules and standards which may be promulgated by the City Administrator with respect to private alarm systems. Such rules shall be in writing and shall be given to each registrant at the time of initial issuance or renewal of any registration or at the time of promulgation or amendment.
[Ord. No. 07-2775 § 1]
Every person who installs or uses a private alarm system or warning device to serve an improved property within the City shall maintain it in good repair and proper working condition, shall meet the standards which may be promulgated by the Chief of Police or Fire Chief to prevent faulty systems or devices, and shall promptly correct or disconnect any faulty system or device upon notice from the Chief of Police or Fire Chief that the system or device is sounding an inordinate number of false alarms.
[Ord. No. 07-2775 § 1]
Every sounding warning device shall be equipped with a cut-off mechanism which will terminate the sound after fifteen (15) minutes. If the sound does not terminate after fifteen (15) minutes, the Police and/or Fire Department shall have the right to disconnect the sounding device. The fine for violation of this section shall be two hundred fifty ($250.00) dollars.
[Ord. No. 07-2775 § 1; Ord. No. 11-2957]
Any person having knowledge of an alarm shall immediately notify the Police Department or Fire Department. The Police and/or Fire Chief shall cause an investigation to be made of each alarm and keep a record of all false alarms.
a. 
Private Alarms including Residential, Business, Banks and Financial Institutions, and Warning Devices.
1. 
Penalties for a response by the Police Department to a false alarm shall be according to the following schedule:
Schedule of Penalties for Police Response to False Alarms
False Alarms within Calendar Year
Penalty for Each False Alarm
1-2
Warning notice
3-4
$50.00
5-9
$100.00
10 or more
$150.00
2. 
Penalties for a response by the Fire Department to a false alarm shall be according to the following schedule:
Schedule of Penalties for Fire Department Response to False Alarms
False Alarms within Calendar Year
Penalty for Each False Alarm
1-3
Warning notice
4
$250.00
5
$300.00
6
$350.00
7
$400.00
8
$450.00
9 or more
$500.00
b. 
If no registration has been granted for a private alarm system producing a false alarm, the warning notices and penalties in the above paragraphs of this subsection shall not be applicable, and the fine for not having a registered alarm will be two hundred ($200.00) dollars. An additional fee of two hundred ($200.00) dollars shall be charged for each false alarm occurring while the private alarm system or warning device is not registered, or at the rate set by the foregoing schedule of penalties for Police or Fire Departments, whichever is higher.
[Ord. No. 07-2775 § 1; Ord. No. 11-2957]
Any registration issued for a private alarm system may be suspended by the Fire or Police Chief if any of the conditions set forth in paragraphs a, b, or c shall exist:
a. 
The registrant has failed to comply with the terms and conditions of the permit or has failed to comply with rules or standards promulgated by the City Administrator with respect to private alarm systems;
b. 
The registrant or his agents knowingly installed or maintained a faulty private alarm system; or
c. 
The registrant or his agents failed to comply with a request by the Fire or Police Chief to render necessary services to a faulty private alarm system within thirty-six (36) hours after such request is made or failed to disconnect such system within such period and keep such system disconnected until it has been repaired.
In the event that the Fire or Police Chief shall determine that a registration for a private alarm system should be suspended by reason of the provisions of this subsection, the Fire or Police Chief shall notify the registrant of the suspension in writing by certified mail to the last known address, setting forth the reason or reasons for the suspension. Such suspension shall commence seventy-two (72) hours after such notice has been mailed.
A suspension shall be terminated and the registration reinstated by the Fire or Police Chief when such official is satisfied that the conditions stated in the notice of suspension have been corrected.
A record of each such suspension and reinstatement of a registration will be maintained by the Chief of Police.
[Ord. No. 07-2775 § 1]
Any person aggrieved by the action of the Fire Chief or Police Chief in the issuance, denial or suspension of a registration for a private alarm system shall have the right of appeal to the City Administrator. The appeal shall be taken by filing with the City Clerk within thirty (30) days of the action by the Police Chief or Fire Chief. The appeal will include a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the appellant by mail to his/her last known address at least five (5) days prior to the date set for the hearing. The decision of the Chief of Police or Fire Chief shall be affirmed, modified or reversed, and the reasons therefor shall be set forth in a letter to the registrant.
A further appeal may be made to Common Council by any person aggrieved by the decision of the City Administrator with respect to an appeal of an action of the Fire Chief or Police Chief. Such further appeal shall be taken by filing with the City Clerk within twenty (20) days after notice of the decision has been mailed as aforesaid, a written statement setting forth fully the grounds of the further appeal along with a fee of twenty-five ($25.00) dollars. The City Clerk shall set a time and place for hearing of the appeal, at which time the Common Council shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 07-2775 § 1]
The City Administrator may establish rules, standards, terms and conditions to assist in the implementation of this section which shall be compatible with the provisions hereof.
[Ord. No. 07-2775 § 1]
Neither the City nor the Fire or Police Department shall assume any responsibility whatsoever with respect to the adequacy, operation or maintenance of any private alarm system or warning device. No action taken by the City or the Fire or Police Department pursuant to the provisions of this section shall create any liability upon the City or the Fire or Police Department by reason of any failure of any private alarm system or warning device, any failure to respond to any emergency or any act or omission or commission relating to any private alarm system or warning device. Every registrant who accepts a registration for a private alarm system or warning device agrees to hold and save harmless the City, its agents and employees from any liability and costs whatsoever in connection with the system or device covered by the registration or its operation.
[Ord. No. 07-2775 § 1]
In addition to the penalties imposed under Section 4-2, any person who violates any provision of this section other than those set forth in Section 4-2, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 07-2775 § 1; Ord. No. 11-2957]
The Chief of Police shall cause a notice of violation to this section to be served by regular mail upon anyone in violation in lieu of the filing of a complaint for such violation in the Municipal Court. Such notice shall set forth specifically the nature and location of the violation, the date and time thereof and the fine therefor. In the event that the violator shall not pay the fine indicated in the notice to the City of Summit within forty-five (45) days from the date of mailing, the Chief of Police shall cause a complaint to be filed in the Municipal Court forthwith for such violation.
[Ord. No. 1819 Preamble; 1983 Code Part VI Title 17]
In order to minimize congestion and the opportunities for illegal gambling and to preserve the health, safety, general welfare of the public and the basic residential characteristics of the City, it is hereby declared to be in the best interest of the City of Summit to regulate and control the operation of automatic or electronic amusement games commonly known as pinball, video or arcade amusement games and similar machines or devices.
[Ord. No. 1819 § 1; 1983 Code Part VI T.17 § 1]
As used in this section:
ADMINISTRATOR
Shall mean City Administrator of the City of Summit.
CITY CLERK
Shall mean City Clerk of the City of Summit.
CONSTRUCTION OFFICIAL
Shall mean Construction Official of the City of Summit.
CRIME
Shall mean any high misdemeanor or crime of the first, second or third degree as provided by the New Jersey Code of Criminal Justice or Felony as defined in 18 U.S.C. § 1.
MACHINE
Shall mean any automatic or electronic amusement game, commonly known as pinball, video or arcade amusement game or similar device.
NET FLOOR AREA
Shall mean the gross floor area of the licensee's premises less deduction for counter space areas, storage areas, shelving areas, aisle areas, rest rooms, areas of ingress and egress, office space and other areas which are not intended or held out for public use. The Construction Official shall determine the net floor area in each prospective licensed premises.
PERSON
Shall mean any individual, association, partnership or corporation.
[Ord. No. 1819 § 1; 1983 Code Part VI T.17 § 2]
No person shall operate, maintain or use any coin or token operated machine, as defined in subsection 4-3.2, in any public or quasi-public place or in any building, store or other place to which the public is invited or the public may enter unless that machine has been licensed as provided herein. All places of worship and private nonprofit organizations located in the City of Summit, to which the general public is not invited, shall be specifically exempt from the requirements of this section.
[Ord. No. 1174 § 5; Ord. No. 1819 § 3; Ord. No. 1829 § 1; Ord. No. 1859 § 1; 1983 Code Part VI T.17 § 3; Ord. No. 2254 § 5 I; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
a. 
A license for the operation, maintenance or use of such machine shall be issued by the City Clerk to and in the name of the operator of the business where the machine will be located. The license shall be issued for one (1) year or any portion thereof, commencing January 1 of the year of issuance, and the fee therefor shall be:
$578.00 per machine for the first through the tenth machine.
$289.00 per machine for the eleventh through the twentieth machine.
$116.00 per machine for each machine over twenty in number.
b. 
License issuance shall be subject to the following inspections and approvals, which inspections and approval reports shall be submitted in writing to the City Clerk:
1. 
By the Construction Official or his designee, to determine if the proposed operation of any machine and the premises where the operation shall take place shall comply with municipal zoning and building code requirements and the provisions of this section.
2. 
By the Fire Director-Chief or his designee, to determine if the proposed operation of any machine will comply with the existing fire regulations of the City.
3. 
By the Chief of Police or his designee, to determine the truth of the facts set forth in the application for the license to operate a machine.
c. 
Upon receipt of an application to operate a machine and the inspection and approval reports, the City Clerk shall issue the necessary license upon the receipt of the license fee as herein provided.
[Ord. No. 1819 § 4; Ord. No. 1843 § 1; 1983 Code Part VI T.17 § 4]
The application for a license to operate, maintain and use such machine or machines shall be filed on a form to be furnished by the City Clerk, which form shall show the name of the applicant, post office address, the number of machines to be operated, maintained or used, whether or not the person making the application has ever been convicted of a crime or a violation of any City ordinance involving gambling and such other information as the City Clerk or Common Council of the City of Summit shall deem necessary or proper and the fee for the license shall be payable with the filing of the application. If the license is issued, such machine shall not be placed, operated, maintained or used until the license is displayed in a conspicuous place in the room where such machine or machines are to be operated, maintained or used. The license shall on its face disclose the name and post office address of the licensee and a separate license shall be obtained for each machine.
[Ord. No. 1819 § 5; 1983 Code Part VI T.17 § 5]
The City Clerk may transfer a license from one premises to another if, after application to the City Clerk by the proposed transferor of the license, the Clerk determines that the transfer will comply with the provisions of this section.
[Ord. No. 1819 § 6; Ord. No. 1823 § 1; Ord. No. 1843 § 2; 1983 Code Part VI T.17 § 6]
The following rules shall govern the location and use of the machines within the premises:
a. 
Each machine shall be located at least ten (10) feet from the entrance to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.
b. 
There shall be permitted not more than one (1) machine for each one hundred (100) square feet of net floor area as defined in this section.
c. 
No machine shall be operated within five hundred (500') feet of a school up to the twelfth grade. The distance shall be measured for similar restrictions imposed and as interpreted for alcoholic beverage licensed premises by the Alcoholic Beverage Commission. This provision shall not be construed to require the removal of any machine which is in place as of the effective date of this subsection.
[Ord. No. 1319 § 7; 1983 Code Part VI T.17 § 7]
Any person who shall operate, maintain or use, or permit to be operated, maintained or used, any machine licensed hereunder for the purpose of gambling shall be deemed to be guilty of a violation of this section and punishable therefor as hereinafter provided.
[Ord. No. 1819; 1983 Code Part VI T.17 § 8]
Any time after issuance of the license, the City Clerk may, in the reasonable exercise of his discretion, revoke the same if, after a hearing, the City Clerk finds:
a. 
Gambling on the premises;
b. 
False or incorrect material on the application or information furnished by the applicant.
c. 
Failure to maintain good and safe conduct on the premises;
d. 
The presence of the machines result in gambling, obscene or loud language disturbing to the public or to other patrons of the premises, creation of a nuisance, excessive noise, litter, traffic or rowdyism for the patron;
e. 
Violation of the Laws of the State of New Jersey, or this or other ordinances of the City of Summit.
[Ord. No. 1819 § 9; 1983 Code Part VI T.17 § 9; Ord. No. 2016-3123]
Any of the following inspections shall be made with respect to the operation of any machine as frequently as may be necessary during the term of the license:
a. 
By the Construction Official or his designee, to determine if the operation of any machine and the premises on which the machine is being operated continue to comply with the municipal zoning and building code requirements and the provisions of this section.
b. 
By the Fire Director-Chief or his designee, to determine if the operation of any machine and the premises on which the machine is being operated continue to comply with the existing fire regulations of the City of Summit.
c. 
By the Chief of Police or his designee, to determine if the licensee is operating any machine in such manner as not to be subject to revocation of the license, as provided in subsection 4-3.9.
[Ord. No. 1819 § 10; 1983 Code Part VI T.17 § 10; Ord. No. 02-2553; Ord. No. 10-2895]
a. 
Any person aggrieved by any action of the City Clerk, Construction Official, Fire Director-Chief, or Chief of Police, in the denial or suspension of a license, shall have the right of appeal to the Administrator. The appeal shall be taken by filing with the City Clerk within thirty (30) days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
b. 
An appeal may be made to the Common Council by any person aggrieved by a decision of the Administrator. Such appeal shall be taken by filing with the City Clerk within twenty (20) days after notice of the decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of one hundred five ($105.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 1819 § 11; 1983 Code Part VI T.17 § 13]
Any person violating any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 1863 § 2; 1983 Code Part VI T.6 § 2]
Any person operating, for profit, billiard tables, pool tables or bowling alleys open to the public shall have a license therefor.
[Ord. No. 1863 § 1; 1983 Code Part VI T.6 § 1]
All places of worship and private nonprofit organizations located in the City to which the general public is not invited shall be exempt from the requirements of this section.
[Ord. No. 1863; 1983 Code Part VI T.6 § 3]
The application for such license shall be furnished by the City Clerk and shall require the name, address and telephone number of the applicant, the location of the building, and the place in such building where such billiard tables, pool tables or bowling alleys are to be located and used, the number of billiard tables, pool tables, and bowling alleys, the name of the owner and lessee of such building or place, whether or not the person making the application has ever been convicted of a crime or a violation of any City ordinance involving gambling, and such other information as the City Clerk or Common Council of the City shall deem necessary or proper, and the fee for any license shall be payable with the filing of the application.
[Ord. No. 1863 § 4; 1983 Code Part VI T.6 § 4]
License issuance shall be subject to the following inspections and approvals, which inspection and approval reports shall be submitted in writing to the City Clerk:
a. 
By the Construction Official or his designee, to determine if the proposed operation of the billiard tables, pool tables or bowling alleys, and the premises where the operation shall take place shall comply with municipal zoning and building code requirements and the provisions of this Code.
b. 
By the Fire Director-Chief or his designee, to determine if the proposed operation of the billiard tables, pool tables, or bowling alleys will comply with the existing fire regulations.
c. 
By the Chief of Police or his designee, to determine the truth of the facts set forth in the application for the licensee to operate the billiard tables, pool tables, or bowling alleys.
Licenses shall be issued for one (1) year or any portion thereof commencing January 1 of the year of issuance.
[Ord. No. 1174 § 5; Ord. No. 1829; Ord. No. 1863 § 5; 1983 Code Part VI T.6 § 5; Ord. No. 2254 § 5 I; Ord. No. 02-2553; Ord. No. 06-2740]
Upon receipt of an application, the favorable inspection and approval reports, and payment of the license fee of five hundred seventy-eight ($578.00) dollars for each table for profit, the City Clerk shall issue the license to the applicant.
[Ord. No. 1863 § 6; 1983 Code Part VI T.6 § 6]
Any time after issuance of the license, the City Clerk may, in the reasonable exercise of his discretion, revoke the same if, after a hearing, he determines at the premises where such billiard tables, pool tables, or bowling alleys are located, a violation of a law of the State of New Jersey or ordinance of the City of Summit has taken place which may adversely affect the health, safety and general welfare of the general public and the licensee has operated the premises in a manner conducive to the violation.
[Ord. No. 1863 § 7; 1983 Part VI T.6 § 7; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
a. 
Any person aggrieved by any action of the City Clerk, Construction Official, Fire Director-Chief, or Chief of Police, in the denial or suspension of a license, shall have the right of appeal to the Administrator. The appeal shall be taken by filing with the City Clerk within thirty (30) days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
b. 
An appeal may be made to the Common Council by any person aggrieved by a decision of the Administrator. Such appeal shall be taken by filing with the City Clerk within twenty (20) days after notice of the decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of one hundred sixteen ($116.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 3/17/31; 1983 Code Part V T.38 §§ 1—3]
a. 
No person or persons shall pursue the business or occupation of keeping any bowling alleys within the City, until the proprietor or proprietors thereof shall have first obtained a license to carry on and conduct the same.
b. 
The fee to be paid for a license for bowling alleys shall be the sum of twenty-five ($25.00) dollars for each premises so used, and every license issued shall expire on the thirty-first day of December in each year.
c. 
Every bowling alley licensed as aforesaid shall be closed at one o'clock a.m. every night except Saturday, when all alleys shall close up at midnight.
Prior Ordinance history: Ord. No. 2123, Ord. No. 2132, Ord. No. 2142, Ord. No. 2163, Ord. No. 02-2553, Ord. No. 05-2684, Ord. No. 06-2740, Ord. No. 10-2895.
[Ord. No. 13-3009]
It is desirous to regulate peddling and soliciting within the City in order to ease existing problems associated with street and sidewalk congestion, to protect the rights of property owners and residents of the City and otherwise promote and protect public health, safety and welfare.
In order to effectively implement such regulation of peddling and soliciting, it is necessary to establish definitions, guidelines and procedures.
[Ord. No. 13-3009]
As used in this section:
CHARITABLE ORGANIZATION
Shall mean any benevolent, philanthropic, patriotic, political, religious, not-for-profit, nonprofit, educational, civic, fraternal, social service, veteran, senior citizens' associations, officially recognized volunteer fire, police, first aid or rescue squad organizations, environmental or eleemosynary group, association or corporation which have been granted tax exempt status by the Internal Revenue Service that solicits and collects contributions for charitable purposes.
CHARITABLE PURPOSE
Shall mean any charitable, benevolent, philanthropic, patriotic, religious, not-for-profit, nonprofit, educational, civic, fraternal, social service, veteran, senior citizens, associations, officially recognized volunteer fire, police, first aid or rescue squad organizations, environmental or eleemosynary purpose.
CHARITABLE SOLICITATION
Shall mean the request, other than by means of United States mail, directly or indirectly, of money, credit, property, financial assistance or other thing of value whether or not a purchase or exchange of merchandise is involved, on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable purpose as defined herein or desiring to solicit, or having solicited in its name from other than its active membership contributions or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise within the City for a charitable purpose as defined herein.
CITY
Shall mean the City of Summit.
CONTRIBUTION
Shall mean the promise or grant of any money or property of any kind or value.
FOOD
Shall mean any perishable or nonperishable consumable foodstuff or beverage merchandise.
MERCHANDISE
Shall mean all goods, clothing, jewelry, wares, food, fruit, vegetables, farm products, magazines, periodicals and all kinds of articles of personal property for domestic use, including product samples. Orders of contracts for a service, home improvement or alteration and market and opinion surveys or polls are, for the purposes of this section deemed "merchandise."
MOBILE FOOD VENDOR
Shall mean and include a peddler or solicitor who transports prepared food, food-stuffs to be prepared or cooked prior to sale and beverages for sale in the City by vehicle or pushcart, such food or beverage to be sold to individual patrons while the vehicle is stopped or parked.
PEDDLER or SOLICITOR
Shall mean each individual peddler, hawker, vendor, canvasser or solicitor and shall include any person traveling by foot, wagon, motor truck, motor vehicle or any other type of conveyance carrying, conveying or transporting merchandise or food, taking or attempting to take orders for sale of merchandise or food, or for services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the merchandise or food or service, or making sales and delivering such merchandise or food or service to purchasers, and whether or not he is collecting advance payments on such sales. A mobile food vendor shall be a peddler or solicitor. Wholesaler salesmen calling on retail merchants are specifically excluded from the definition of "peddler" or "solicitor."
PERSON
Shall mean and include the singular and the plural and any person, firm or corporation, association, club, partnership, society or any other organization performing the peddling or soliciting activity.
VEHICLE
Shall mean and include wagons, carts, trailers, motor trucks, motor vehicles, service dispensers or other types of conveyance.
VETERAN
Shall mean a person in an individual capacity, not part of a company, partnership or corporation, qualifying under N.J.S.A. 45:24-9 and 10 and not include anyone other than the qualifying individual.
[Ord. No. 13-3009]
a. 
It shall be unlawful for any peddler or solicitor, as defined in subsection 4-5.2, to engage in such activity within the City without first obtaining a license as provided herein.
b. 
Individual and separate licenses shall be required for each separate person.
c. 
Residents displaying signs, no larger than one (1) square foot, on their entrance door stating: "No Solicitation," "No Salesmen," or "Do Not Disturb" or words of similar import shall not be solicited.
[Ord. No. 13-3009]
All applicants shall pay the license fee required by subsection 4-5.6, if applicable, and file with the City Clerk a sworn written application on forms to be furnished by the City Clerk which shall give the following information:
a. 
The name and a description of the applicant, including date of birth, driver's license number and Social Security or tax identification number.
b. 
The permanent home address and full local address, if any, of the applicant. If the applicant is a corporation, the name and address of its registered agent.
c. 
The name and address of employer, firm or person represented, together with credentials establishing the exact relationship.
d. 
A brief statement of the nature of the business and a description of the merchandise or service to be sold or distributed.
e. 
If the licensed activity is to be carried on at a fixed location, the address and description of the premises.
f. 
The length of time for which the license is required.
g. 
If a vehicle is to be used, a description of the vehicle and its license number.
h. 
The days of the week and the hours of the day during which the licensed activity will be conducted.
i. 
The place where the merchandise to be sold or offered for sale is manufactured or produced, the place where such merchandise is located at the time such application is filed and the proposed method of delivery.
j. 
A photograph of the applicant taken 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 two by two (2" x 2") inches.
k. 
A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic offenses, the nature of the offense and the punishment and/or penalty imposed.
l. 
When a license is issued in accordance with subsection 4-5.14d, no other license may operate within five hundred (500) yards of the perimeter of the event.
[Ord. No. 13-3009; amended 7-9-2019 by Ord. No. 19-3196]
a. 
Upon receipt of the application, the City Clerk shall transmit the same:
1. 
For food or mobile food vendors: to the Health Officer, Chief of Police, and Fire Official.
2. 
For merchandise other than food or mobile food vendors: to the Chief of Police.
3. 
For all fixed-location vendors: to the Zoning Officer.
b. 
The Health Officer shall cause such necessary and appropriate inspections to be made as he deems necessary for the protection of the public welfare. If, as a result of each investigation, the health conditions of the applicant's business are found to be in noncompliance with applicable health code provisions or requirements or otherwise unsatisfactory, the Health Officer shall endorse on the application his disapproval, and the City Clerk shall notify the applicant that his application is disapproved. In determining whether the health conditions of the applicant's business are satisfactory, the applicant shall successfully complete a food inspection course provided by the Board of Health and shall further submit proof satisfactory to the Health Officer of access to toilet facilities within the City.
c. 
If, as a result of such investigation, the health conditions of the applicant's business are found to be satisfactory, the Health Officer shall endorse his approval on the application.
d. 
If, upon review of the application, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval, and the City Clerk shall notify the applicant that his application is disapproved. Any determination by the Chief of Police that an application is unsatisfactory shall be based upon one or more of the following findings with respect to the applicant:
1. 
Conviction of a crime relating adversely to the occupation of peddling or soliciting, which shall be determined in accordance with the provisions of N.J.S.A. 2A:168A-2 and set forth in a written explanation provided to the applicant based upon consideration of the following factors or any other factors:
(a) 
The nature and duties of the business for which a license is sought;
(b) 
The nature and seriousness of the crime;
(c) 
Circumstances under which the crime occurred;
(d) 
The date of the crime;
(e) 
The age of the person when the crime was committed;
(f) 
Whether the crime was an isolated or repeated incident;
(g) 
Social conditions which may have contributed to the crime; and
(h) 
Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs or the recommendation of persons who have or have had the applicant under their supervision.
2. 
Prior violation of a peddling or soliciting ordinance.
3. 
Previous fraudulent acts or conduct.
4. 
Record of breaches of soliciting contracts.
5. 
Misrepresentation or false statement contained in the application for the license.
e. 
If, upon review of the application, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse approval on the application.
f. 
The Fire Official shall cause such necessary inspections to be made as he may deem necessary with regard to the State Uniform Fire Code. If, as a result of each investigation, the conditions of the applicant's business are found to be in noncompliance with applicable State Uniform Fire Code provisions or requirements or otherwise unsatisfactory, the Fire Official shall endorse on the application disapproval, and the City Clerk shall notify the applicant that the application is disapproved.
g. 
If, as a result of such inspection, the peddling or soliciting activity firesafety conditions are found to be in conformance with the State Uniform Fire Code, the Fire Official shall endorse approval on the application.
h. 
The Zoning Officer shall review the application to determine if the peddling or soliciting activity and proposed fixed location is in conformance with the Development Regulations Ordinance. If, as a result of each review, the peddling or soliciting activity and fixed location of the applicant's business is found to be in noncompliance with applicable Development Regulations Ordinance provisions or requirements or otherwise unsatisfactory, the Zoning Officer shall endorse on the application disapproval, and the City Clerk shall notify the applicant that the application is disapproved.
i. 
If, as a result of such review, the peddling or soliciting activity and fixed location are found to be in conformance with the Development Regulations Ordinance, the Zoning Officer shall endorse approval on the application.
j. 
If the Health Officer, Chief of Police, Fire Official and Zoning Officer, as applicable, shall each have endorsed his approval on the application, the City Clerk shall deliver to the applicant his license. Applications shall be processed no later than two weeks from submission to the City. The City Clerk shall keep a record of all licenses and all complaints received, if any, concerning each license.
k. 
The license issued hereunder shall contain the signature of the issuing officer and shall show:
1. 
The name, address and photograph of the licensee.
2. 
The class of license issued.
3. 
The kind of merchandise or services to be sold or distributed thereunder.
4. 
The date of issue.
5. 
The length of time the license shall be operative.
6. 
The license number and other identifying description of any vehicle used in the peddling or soliciting activity licensed.
l. 
A license may be issued on a weekly, monthly, yearly or daily basis.
m. 
No license shall be assigned or transferred.
[Ord. No. 13-3009; amended 7-9-2019 by Ord. No. 19-3196]
The nonrefundable fee to be paid by each applicant at the time of submitting an application for a license shall be as follows:
a. 
For a weekly license: $100 per week. For the purposes of this section, a "week" shall constitute any six consecutive days, excluding Sundays.
b. 
For a monthly license: $300 per month.
c. 
For a yearly license: $500 per year.
d. 
With respect to a peddler or solicitor conducting its business door-to-door: $50 per day for a daily license.
e. 
For use of the fixed locations described in Subsection 4-5.8b: $578 per year for each location.
[Ord. No. 13-3009]
a. 
Every holder of a peddler's or solicitor's license issued by the City Clerk under the authority of this section or by the Register of the County of Union under the authority of N.J.S.A. 45:24-9 (Veteran or Exempt Fireman of a Volunteer Fire Department) shall be required to carry the license with him while engaged in the business or activity licensed within the corporate limits of the City. When the licensed activity is conducted at a fixed location or from a vehicle, the license shall be prominently displayed at the location or on the vehicle. Each vehicle used shall display a license tag bearing the words "Sales License for the Year 20___." In all other cases, the licensee shall have the license in his possession at all times and shall display it upon the request of any citizen or official of the City.
b. 
Every such licensee shall restrict his selling activity within the City to the hours between 9:00 a.m., prevailing time, and 9:00 p.m. on Mondays through Saturdays and shall notify the police officer on duty at least once in every week in which he plans to conduct the activity, before commencing his selling, soliciting or distributing activity. Such notification shall include a written statement of the general area of the City in which the licensee intends to conduct the activity and a schedule of dates and times when the activity shall be conducted. The licensee shall notify, in writing, the police officer on duty of any change in the area or time of solicitation, should such changes be made during the week. No selling, soliciting or distributing activity shall be conducted on Sundays by licensees.
[Amended 7-9-2019 by Ord. No. 19-3196]
c. 
Every such licensee shall carry and maintain in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey and rated "A-" or better by A.M. Best Rating, providing the following minimum coverage and language:
1. 
Comprehensive general liability: $1,000,000 per occurrence, $2,000,000 annual aggregate.
[Amended 7-9-2019 by Ord. No. 19-3196]
2. 
Business automobile liability: $1,000,000 (each accident), or if the license is granted to an entity that does not own any automobiles and uses employees that would use their own automobiles to conduct the business, then employers hired - non-owned automobile liability would be acceptable for the business auto insurance requirement.
[Amended 7-9-2019 by Ord. No. 19-3196]
3. 
The following wording shall appear on the insurance certificate:
"The certificate holder (City of Summit) is included as an additional insured as respects losses arising solely from the operation of the licensed peddling activity."
4. 
The City and its agents and employees shall be indemnified and held harmless from and against all claims and demands, losses and expenses, and the like arising from the permission granted. The following wording shall either appear on the insurance certificate or the applicant shall provide this statement as a separate signed notarized agreement:
"The certificate holder is included as an additional insured as respects losses arising solely from the (licensed activity). The (licensee) shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney fees, arising out of or from the performance of their work, providing that such claims, damages, losses or expenses (1) are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and (2) are caused in full or in part by any negligent acts or omission of the (licensee), or any one directly or indirectly employed by them regardless of whether or not it is caused in part by a party indemnified hereunder."
d. 
All licensed peddlers and solicitors must obey all state and local parking laws, rules and regulations.
e. 
Vehicles moved or parked on public streets in connection with a peddler's or solicitor's operation must comply with all state, local and motor vehicle laws.
f. 
No signs or other displays or apparatus are to be erected or displayed without the approval of the Fire Official and Zoning Officer, except for signs on vehicles that stipulate prices on merchandise offered.
g. 
Mobile food vendors must provide for the disposal of garbage and recycling cans and/or bottles. Mobile food vendors are not to use public receptacles for garbage or recyclables attributable to that peddler's operation.
h. 
Peddlers and solicitors are prohibited from serving drivers or passengers of vehicles and are only allowed to serve pedestrian customers.
i. 
Peddlers and solicitors are prohibited from the use of temporary public utility hookups without prior approval of the Construction Code Official.
j. 
No peddler or solicitor, nor any person in their behalf, shall shout, cry out, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public or private places in the City to call attention to his business or to his merchandise.
k. 
The vehicle used by a peddler or solicitor shall contain all merchandise and equipment, with the exception of one chair for the exclusive use of the peddler or solicitor. Such vehicle shall not exceed eight feet in width and 22 feet in length.
l. 
Except for maintenance or service necessitated by emergency, no maintenance or service shall be furnished or performed by peddlers or solicitors on any vehicle, as defined in Subsection 4-5.2, licensed pursuant to this section.
[Ord. No. 13-3009]
a. 
General.
1. 
Peddlers or solicitors shall not stop or park any vehicle on privately owned property for the purpose of conducting a sale without having first filed a written authorization for the same from the property owner with the licensing authority. No peddler or solicitor shall conduct or attempt to conduct his business on any residence or on any privately owned property on which is posted a sign expressly prohibiting such activity.
2. 
A peddler or solicitor must not inhibit pedestrian or vehicular traffic.
3. 
Peddlers or solicitors shall not stop or park any vehicle in such a manner as to block any advertisement, display or entrance to an existing store.
4. 
Peddlers and solicitors shall not stop or park any vehicle in an alleyway or walkway and shall not stop or park any vehicle in such a manner as to block entrance to the alleyways or walkways.
5. 
Peddlers or solicitors shall not park any vehicle in such a manner as to block any municipal sign, public receptacle for garbage, public bench or other public amenity.
6. 
Peddlers and solicitors must have their intended location approved by the Police Department and Zoning Officer prior to setting up operations. The Traffic Safety Officer shall examine the site to determine if public safety is adversely affected by the location.
7. 
Peddlers and solicitors, unless approved for a fixed location as defined in subsection 4-5.8b shall be permitted to remain in one location for up to one hour, after which the peddler or solicitor must move at least five hundred (500) feet therefrom.
b. 
Central Business District.
1. 
There is hereby established solely for the purposes of this section in implementing the regulation of peddling and soliciting a Central Business District ("CBD") within the area bounded as follows:
Beginning at the intersection of the northerly side of DeForest Avenue and the westerly side of Norwood Avenue and continuing south along the westerly side of Norwood Avenue extended to the northerly side of the railroad; thence, east along the northerly side of the railroad to the westerly side of Maple Street; thence, south along the westerly side of Maple Street to its intersection with the northerly side of Broad Street; thence, returning north along the easterly side of Maple Street to its intersection with the northerly side of the railroad; thence, east along the northerly side of the railroad to the easterly side of Summit Avenue; thence, north along the easterly side of Summit Avenue to its intersection with the southerly side of Springfield Avenue; thence, east along the southerly side of Springfield Avenue to its intersection with the westerly side of Glenwood Place; thence, south along the westerly side of Glenwood Place to its terminus; thence, north along the easterly side of Glenwood Place to its intersection with the southerly side of Springfield Avenue; thence, east along the southerly side of Springfield Avenue to its intersection with the westerly side of Waldron Avenue; thence, west along the northerly side of Springfield Avenue to its intersection with the easterly side of Summit Avenue; thence, north along the easterly side of Summit Avenue to its intersection with the northerly side of DeForest Avenue; thence, west along the northerly side of DeForest Avenue to its intersection with the westerly side of Norwood Avenue and the point and place of beginning.
2. 
No more than a total of four (4) licenses shall be issued to peddlers or solicitors for the fixed locations described in the following paragraph b3 in any calendar year within the CBD. In the event there are more than four (4) persons whose applications for licenses have been endorsed by the Health Officer, Chief of Police, Fire Official and Zoning Officer as provided in subsection 4-5.5, licenses will be issued on a first-come first-approved basis.
3. 
Peddling or soliciting within the CBD shall be restricted to the following four (4) fixed locations:
(a) 
Northwest corner of Park and Shop Lot #1, DeForest Avenue between Woodland Avenue and Maple Street;
(b) 
West side of Park and Shop Lot #2, north of the pedestrian walkway, DeForest Avenue between Maple Street and Beechwood Road; and
(c) 
Northeast corner of Park and Shop Lot #3, within the no parking area curbline adjacent to, without blocking, the pedestrian walkways, DeForest Avenue between Beechwood Road and Summit Avenue.
(d) 
West side of Summit Avenue, one hundred ninety (190') feet south of the southerly curbline of Broad Street, immediately prior to the first metered parking space.
4. 
The vehicle used by a peddler or solicitor approved for a fixed location described in subsection 4-5.8b3 shall contain all merchandise and equipment with the exception of one (1) chair for the exclusive use of the peddler or solicitor. Such vehicle shall not exceed six (6') feet in width and twelve (12') feet in length.
5. 
Peddler vehicles other than the licensed peddler vehicle approved for a fixed location described in subsection 4-5.8b3 will be subject to all existing parking ordinances and regulations for downtown employees as defined in subsection 7-25.4.
[Ord. No. 13-3009]
Licenses shall not be transferable.
[Ord. No. 13-3009]
It shall be the duty of any Police Officer of the City to enforce provisions of this section and to require any person seen peddling or soliciting, who is not known by such officer to be duly licensed, to produce his peddler's or solicitor's license. Where applicable, the Health Department, Fire Official and Zoning Officer shall assist the Police Department in enforcing the provisions of this section.
[Ord. No. 13-3009]
The City Clerk shall maintain a record of all peddler licenses issued under the provisions of this section and shall record therein all convictions for violations of this section and other pertinent circumstances and incidents reported to the Chief of Police, Health Department, Fire Official, Zoning Officer and City Clerk's Office.
[Ord. No. 13-3009]
a. 
Licenses issued after the investigation provided for under this section may be revoked by the City Clerk after reasonable notice and hearing, for any of the following causes:
1. 
Fraud or misrepresentation in any application for a permit or license.
2. 
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
3. 
Violation of any of the provisions contained in this section governing peddling and soliciting.
4. 
Conviction of any crime of offense relating adversely to the occupation of peddling or soliciting as determined according to the procedure and based upon the considerations set forth in subsection 4-5.5e1.
5. 
Conducting the business of licensed activity, whether by licensee himself or his agents or employees, in any lawful manner or in any manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
b. 
Notice of hearing for a revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 4-5.4 herein, at least five (5) days prior to the date for the hearing.
[Ord. No. 13-3009]
Any person aggrieved by any action of the City Clerk, Zoning Officer, Fire Official, Health Officer or Chief of Police, in the denial or revocation of a license, shall have the right to appeal to the City Administrator. The appeal shall be taken by filing with the City Clerk, within thirty (30) days after the notice of the action complained of has been served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 4-5.4, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
An appeal may be made to the Common Council of the City by any person aggrieved by a decision of the City Administrator. Such appeal shall be taken by filing with the City Clerk within twenty (20) days after notice of the decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of one hundred five ($105.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council of the City shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 13-3009; Ord. No. 13-3035]
a. 
Any veteran or exempt fireman of a volunteer fire department holding a special license issued pursuant to N.J.S.A. 45:24-9 and 45:24-10 shall be exempt from procuring a license or paying the fee as provided herein but shall be required to comply with all other applicable sections of this section and shall be required to register with the City Clerk and obtain a permit which will be issued by the City Clerk upon proper identification and exhibition of such state license.
b. 
For Summit-based youth organizations or Summit chapters of state or national youth organizations, applications shall be completed by person(s) over the age of 18 as a representative of the youth organization. Applicant(s) and all participants of the youth organization under the age of 18 shall be required to comply with all other applicable subsections of this section to obtain a license but shall be exempt from:
[Amended 7-9-2019 by Ord. No. 19-3196]
1. 
Paying the fee.
2. 
Submission of photographs.
3. 
Approval of the Health Officer, Chief of Police, and Fire Official if selling merchandise or nonperishable prepackaged food products.
c. 
The requirements of this section shall not apply to the following:
1. 
Any public utility or its employees, where the 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.
2. 
Any person engaged in the delivery of 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.
d. 
The requirements of this section shall not apply on days and at locations when City events are scheduled, including the activities of the Summit Fourth of July and Celebration Committee, Inc., events sponsored by the City and/or Department of Community Programs, or events approved pursuant to § 12-1, Rules and Regulations for Use of Public Property, following the procedure established in Subsection 12-1.2b2, and such other days and locations as may be specified from time to time by the Common Council.
[Ord. No. 13-3009]
a. 
Any charitable organization, as defined in subsection 4-5.2, desiring to solicit, or having solicited in its name from other than its active membership contributions or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise within the City for a charitable purpose shall be exempt from the provisions of subsections 4-5.3 through 4-5.14, 4-5.16 and 4-5.17 of this section provided that a sworn application is filed with the Chief of Police or his designee, which shall give the following information:
1. 
The name and purpose of the cause for which the charitable solicitation is sought.
2. 
The name and permanent address of the charitable organization.
3. 
The period during which charitable solicitation is to be carried on together with a schedule of the dates, times, method of charitable solicitation, and specific areas of the City in which the activity will be conducted.
4. 
The name and address of each agent or representative who will conduct charitable solicitations and the length of time that the agent or representative has been employed or affiliated with such organization, society, association or corporation.
5. 
The name, address and copy of a valid driver's license or other form of identification of designated representative to be responsible for the supervision of charitable solicitation.
6. 
A statement of the effect that if a permit is issued, it will not be used or represented in any way as an endorsement of the proposed charitable solicitation by the City of Summit or its agents.
7. 
Such other information as may be reasonably required by the Chief of Police, or his designee in order to determine the character and purpose of such charitable solicitation.
b. 
Upon being satisfied that the application is complete and the charitable solicitation is for a project free from fraud, the organization is a qualified charitable organization as defined in this section, all statements on the application are true, and that the charitable solicitation will solely benefit the charitable purpose named in the application, the Chief of Police, or designee, will notify the applicant in writing of approval identifying the organization, date of issuance, date/s of charitable solicitation, and name of issuing officer. Such permit shall not be transferable.
c. 
Each organization to whom a permit has been issued shall furnish proper credentials to its charitable solicitors which shall state the name of the organization, date/s of charitable solicitation, name and address of the charitable solicitor and be submitted to the officer in charge at the Police Department, who will stamp such credentials if found to be consistent with the original application. All charitable solicitors shall have in their possession and present such credentials at the time of charitable solicitation to all persons being solicited and any police officer of the City when requested.
d. 
Residents displaying signs, no larger than one (1) square foot, on their entrance door stating: "No Solicitation," "No Salesman," or "Do Not Disturb" or words of similar import shall not be solicited.
e. 
The Chief of Police, or his designee, shall maintain a record of all charitable solicitation permits issued under the provisions of this section and shall record therein all convictions for violations of this section and other pertinent circumstances and incidents.
f. 
When a license is issued in accordance with subsection 4-5.14d, no charitable solicitation may operate within five hundred (500) yards of the perimeter of the event.
[Ord. No. 13-3009]
Whenever City, school, or organizational events are granted permission to use public property pursuant to Section 12-1 et seq., those holding valid peddlers licenses shall be given the right of first refusal to peddle at events.
[Ord. No. 13-3009]
Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty established in Chapter 1, Section 1-5.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 1]
It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor as defined in subsection 4-6.2 to engage in such business within the City without first obtaining license therefor in compliance with the provisions of this section.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 2]
For the purpose of this section:
TRANSIENT MERCHANT, ITINERANT MERCHANT or ITINERANT VENDOR
Shall mean any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the City or not, who engages in a business of selling and delivering goods, wares and merchandise within the City with intent to close out or discontinue such business within a period of one (1) year, and who, in furtherance of such purpose, hires, leases, uses or occupies any building structure, motor vehicle, tent, railroad car, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall not be construed to include any person, firm, or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this section merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 3]
Applicants for a license under this section, whether a person, firm or corporation, shall file a written sworn application signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, with the City Clerk, showing:
a. 
The name or names of the person or persons having the management or supervision of applicant's business during the time it is proposed that it will be carried on in the City, the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what State the same is incorporated;
b. 
The fingerprints of the person or persons having the management or supervision of applicant's business or in lieu thereof, at least three (3) letters of recommendation from reliable property owners in the County of Union, certifying as to the applicant's good character and business responsibility or other evidence which establishes to the satisfaction of the Common Council the good character and business responsibility of such person or persons;
c. 
The place or places in the City of Summit where it is proposed to carry on applicant's business, and the length of time during which it is proposed that the business shall be conducted;
d. 
The place or places, other than the permanent place of business of the applicant where applicant within the six (6) months next preceding the date of the application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
e. 
A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the City.
f. 
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and if required by the City Clerk, copies of all advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to the application as exhibits thereto:
g. 
Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;
h. 
Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative; and
i. 
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the City Clerk may deem proper to fulfill the purpose of this section in the protection of the public good.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 4]
Upon receipt of such application, the City Clerk shall cause such investigation of such person's or persons' business responsibility or moral character to be made as the Clerk deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If as a result of the investigation the character and business reputation appear to be satisfactory, the City Clerk shall so certify in writing, and a license shall be issued by the City Clerk. The City Clerk shall keep a full record in his office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license and the name or names of the person or persons authorized to carry on the same.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 6; Ord. No. 2256 § 5 II; Ord. No. 02-2553; Ord. No. 10-2895]
Before any license, as provided by this section, shall be issued for engaging in a transient or itinerant business as defined in subsection 4-6.2 in the City, such applicant shall file with the City Clerk a bond running to the City of Summit in the sum of ten thousand five hundred ($10,500.00) dollars executed by the applicant, as principal, and two (2) sureties upon which service of process may be made in the State of New Jersey; this bond to be approved by the City Attorney, conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the City of Summit and the statutes of the State of New Jersey, regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against the applicant for any violation of the ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether the misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the City of the use of the aggrieved person. Such bond must be approved by the City Attorney, both as to form, and as to the responsibility of the sureties thereon.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 6]
Before any license as herein provided shall be issued for engaging in business as an itinerant merchant, as herein defined, in the City of Summit, such applicant shall file with the City Clerk an instrument nominating and appointing the City Clerk, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the business transacted under the license and the bond given as required by subsection 4-6.5, or for the performance of the conditions of the bond or for any breach thereof, which the instrument shall also contain recitals to the effect that the applicant for the license consents and agrees that service of the notice or process may be made upon the agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the license under this section, according to the law of this or any other State, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the City Clerk, as herein provided, the City Clerk shall send to the licensee at his last known address, by registered mail, a copy of the process.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 7]
The license issued under this section shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for the license shall desire to do business in more than one (1) place within the City, separate licenses may be issued for each place of business, and shall be posted conspicuously in each place of business.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 8; Ord. No. 2256 § 5 II; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
All transient merchants or itinerant vendors as defined in subsection 4-6.2, before offering any goods, wares, merchandise or bankrupt stock for sale shall pay to the City Clerk, for use of the City, a sum of one thousand one hundred fifty-five ($1,155.00) dollars and upon payment of such sum, the merchant or vendor shall be entitled to apply for and receive a license which shall continue in favor of the person whom it is issued for the period of one hundred eighty (180) days from the day of issuance.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 9]
Nothing in this section contained shall apply to or require the obtaining of a license by any charitable or religious society that shall conduct sale of goods, wares, merchandise or bankrupt stock when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the charitable or religious society exists.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 10]
No licensee under this section, nor anyone in his behalf shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such licensee proposes to sell.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 11]
It shall be the duty of the Police Officers to examine all places of business and persons in their respective territories subject to the provisions of this section, to determine if this section has been complied with and to enforce the provisions of this section against any person found to be violating the same.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 12]
The City Clerk shall deposit the record of fingerprints of the licensee, together with the license number, with the Chief of Police; the Chief of Police shall report to the City Clerk any complaints against any person licensed under the provisions of this section and any conviction for the violation of this section; the City Clerk shall keep a record of all such licenses and of such complaints and violations.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 13]
a. 
The permits and licenses issued pursuant to this section may be revoked by the Common Council after notice and hearing, for any of the following causes:
1. 
Any fraud, misrepresentation or false statement contained in this application for license;
2. 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;
3. 
Any violation of this section;
4. 
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or
5. 
Conducting the business licensed under this section 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. 
Notice of 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, postage prepaid, to the licensee, at his last known address, at least five (5) days prior to the date set for the hearing.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 14]
Any person aggrieved by the decision of the City Clerk in regard to the denial of the application for a license as provided for in subsection 4-6.4 or in connection with the revocation of a license as provided for in subsection 4-6.13, shall have the right to appeal to the Common Council. Such appeal shall be taken by filing with the Council within fourteen (14) days after notice of the decision by the City Clerk has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in subsection 4-6.13 for notice of hearing on revocation. The order of the Council on such appeal shall be final.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 15]
All licenses issued under the provisions of this section shall expire one hundred eighty (180) days after the date of issuance thereof unless a prior date is fixed therein.
[Ord. 12/19/60; 1983 Code Part VI T.32 § 16]
Any person who shall operate as a transient merchant or itinerant vendor without first having complied with the requirements of Chapter 88 of the Laws of 1931 and of this section, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
Former Section 4-7, Solicitation of Funds by Charitable and Philanthropic Organizations, previously codified herein and containing portions of Ordinance Nos. 1680, 1864 and 2197, was repealed in its entirety by Ordinance No. 13-3008. See Section 4-5, Peddlers and Solicitors.
[Ord. 9/18/1900; Ord. 1174 § 5; Ord. No. 1829 § 1; 1983 Code Part VI T.27 § 1; Ord. No. 2256 § 5 I; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
No person shall carry on the business of junk shop keeper or junk dealer in the City without first paying a license fee to the City Clerk in the sum of one hundred seventy-three ($173.00) dollars for each junk shop keeper or dealer, with the privilege of using one (1) vehicle, and one hundred sixteen ($116.00) dollars for each additional vehicle.
[Ord. 9/18/1900; Ord. No. 1867 § 2; 1983 Code Part VI T.27 § 2]
Upon payment of the amount set forth in subsection 4-8.1, the City Clerk shall issue a license signed by the Mayor and City Clerk and a license plate to carry on the business of junk shop keeper or junk dealer within the City, for a term ending December 31 succeeding the granting of such license. The license plate shall be placed in a conspicuous place on the license owner's vehicle.
[New]
Any person or persons who shall violate, neglect or refuse to comply with any of the provisions of this section, shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. 9/18/1900; 1983 Code Part VI T.27]
All moneys received by the City Clerk in pursuance of this section for license fees, or penalties, shall be for the use of the City of Summit.
[Ord. No. 2388 § 1 Art. I; Ord. No. 07-2746 § 1]
As used in this section, the following terms shall have the meanings indicated:
BASIC TOWING SERVICE
Towing as defined at N.J.S.A. 56:13-9 and other ancillary services as may be specified by the Director of the Division of Consumer Affairs by regulation, which are components of a routine tow, and includes the moving or removing, from public or private property or from a storage facility, by a motor vehicle of a motor vehicle that is damaged as a result of an accident or otherwise disabled, is recovered after being stolen, or is parked illegally or otherwise without authorization parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly.
[Amended 11-6-2019 by Ord. No. 19-3202]
INSIDE BUILDING STORAGE AREA
A vehicle storage facility that is completely indoors, having one or more openings in the wall, for storage and removal of vehicles and that is secured by a locking device on each opening.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards. "Motor vehicle" includes commercial motor vehicles as defined in N.J.S.A. 39:1-1.
[Added 11-6-2019 by Ord. No. 19-3202]
MOTOR VEHICLE ACCIDENT
An occurrence in which a vehicle is required to be removed for public safety purposes. This includes collisions, abandoned, impounded, seizure, or disabled vehicles or other roadway hazards.
OUTSIDE SECURED STORAGE AREA
An automobile storage facility that is not indoors and is secured by a solid fence, wall or other man-made barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lighted at night.
OUTSIDE UNSECURED STORAGE AREA
An automobile storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside building or outside secured.
PERSON
An individual, a sole proprietorship, partnership, corporation, limited liability company or any other business entity.
[Amended 11-6-2019 by Ord. No. 19-3202]
STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD
The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
TOW OPERATOR
Persons or companies meeting the criteria set forth in this section and engaged in the business to tow or otherwise remove or offering the services of a motor vehicle towing or wrecker service, whereby damaged, disabled, abandoned or impounded motor vehicles are towed or otherwise removed from the place where they are damaged or disabled by use of a tow vehicle, as defined in this section.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of motor vehicles.
TOW VEHICLE'S BASE OF SERVICE
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
VEHICLE
Any device in, upon, or by which a person or property is or may be transported upon a highway.
[Amended 11-6-2019 by Ord. No. 19-3202]
[Ord. No. 2388 § 1 Art. II; Ord. No. 07-2746 § 1]
a. 
The Common Council of the City of Summit shall appoint tow operators.
b. 
Tow operators shall be identified by means of a license, which shall be issued as hereinafter provided. All applications for license must be available by November 1 and returned by December 11 for the following calendar year.
c. 
License Required. No tow operator shall operate within the City of Summit without obtaining a license in accordance with the provisions of this section. Specifically exempted from this license requirement is the towing, transporting, conveying or removing of vehicles from private property within the City, or by towing operators which are directly and privately engaged or designated by the owner of the vehicle to be towed, transported, conveyed or removed.
[Ord. No. 2388 § 1 Art. II; Ord. No. 07-2746 § 1]
a. 
Tow operators shall furnish adequate and proper wrecking, towing, storage and emergency repair services to motor vehicles damaged or disabled within the limits of the City, when requested to do so by an authorized City official, police dispatcher or officer. The tow operators must be available on a twenty-four (24) hour a day basis, seven (7) days a week.
b. 
A response time, subject to traffic and weather conditions, of fifteen (15) minutes will be expected for each tow operator called by the Police Department. If the tow operator fails to respond within the time period, the next tow operator on the Tow Operators List (as set forth in subsection 4-9.7) will be called. Failure to meet the response time may result in the suspension of the license.
c. 
No tow operator shall subcontract any work to be performed pursuant to this section without having first obtained prior written approval from the City Clerk and Chief of Police. Any tow operator to whom approval to subcontract work has been given shall be responsible for the services performed by the sub-tow operators and shall remain liable for any violation of this section by the sub-tow operators. All sub-tow operators shall meet all requirements of this section.
d. 
The tow operator will be responsible for removing from the roadway any debris resulting from the accident.
e. 
The tow operator shall be responsible for the preservation of all evidence as requested by the police.
f. 
The tow operator shall comply with all State and Federal laws and regulations concerning wages, hours and terms of employment.
g. 
The tow operator will be required to file an employment nondiscrimination statement.
h. 
The tow operator will be required to make notification of vehicle owners regarding storage fees and removal of vehicles on a form approved by the Chief of Police. In the event the owner/operator is not available, the police will forward the form.
i. 
In the event that the Police Department is unable to obtain the services of any tow operator licensed pursuant to this section or, at its discretion, determines there is a requirement for additional or heavy duty services and/or equipment of an unlicensed tow operator(s), it may obtain the services necessary to meet its needs pursuant to N.J.S.A. 40A:14-118a.
[Ord. No. 2388 § 1 Art. II; Ord. No. 07-2746 § 1]
a. 
Applications for inclusion on the Tow Operators List shall be made annually to the City Clerk upon a form provided by the City Clerk and shall contain all of the following information:
1. 
The name, residence and business address, and telephone number of the owner of the towing company. If the owner is a corporation, the application shall contain the name, residence and business address and telephone number of every stockholder owning more than ten (10%) percent of the issued stock.
2. 
Such information as may be required by the City of Summit concerning the personnel, vehicles, including documentation of the manufacturer's gross vehicle weight rating for each vehicle, equipment and storage facilities of such applicant, as hereinafter provided, showing that the applicant meets the minimum standards of performance.
3. 
A certificate or certificates of insurance evidencing adequate insurance coverage as hereinafter provided.
4. 
A fee as set forth in subsection 4-9.5a to cover the administrative expenses incurred by the City in processing the application.
5. 
The names and addresses of two (2) business references who have known the applicant for at least two (2) years.
b. 
Upon receipt of a complete application, the City Clerk shall forward a copy to the Chief of Police for his review and approval. The review by the Chief of Police shall consist of the following:
1. 
A background check to determine if the applicant or applicant's personnel has had his/her driver's license suspended or revoked within the past year. Suspension of driver's license within the past year shall be a cause for disqualification from inclusion on the Tow Operators List.
2. 
An inspection of the vehicles, equipment and storage area proposed to be utilized by the applicant to verify the accuracy of the information contained in the application and to determine compliance with applicable laws and regulations and the standards of performance required by this section. Said inspection to be provided by the Police Department under the supervision of the Chief of Police.
c. 
The Chief of Police shall conduct his review and render a report to the City Clerk, recommending either approval or denial of the application, within twenty-one (21) days of receipt of the application from the City Clerk. The City Clerk shall take action with regard to the application within thirty (30) days of receipt of the report of the Chief of Police.
d. 
Written notice of the approval or denial of the application shall be provided to the applicant within ten (10) days of the decision of the City Clerk.
e. 
If the City Clerk fails to take action within sixty (60) days of receipt of a complete application, the application shall be deemed to have been denied.
f. 
An applicant may be included on the Tow Operators List by the City Clerk, when, after a consideration of the application and such other information as may otherwise be obtained, it is determined that all of the following circumstances exist:
1. 
The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.
2. 
The applicant has met the standards in this section and has furnished the required hold harmless agreement and certificate(s) of insurance.
3. 
The application has been reviewed and approved by the Chief of Police.
4. 
Neither the applicant nor the applicant's personnel have been convicted of a criminal offense or had their driver's license suspended within the past year.
[Ord. No. 2388 § 1 Art. II; Ord. No. 02-2553; Ord. No. 07-2746 § 1]
a. 
Upon payment of a nonrefundable annual processing fee of five hundred ($500.00) dollars and approval of the application as herein provided, the City Clerk shall issue the applicant a tow operator's license for all tow vehicles or flat bed vehicles to be utilized in providing services pursuant to this section.
b. 
Said licenses, which shall be in a form approved by the City Solicitor, shall be prominently displayed on the tow vehicle or flat bed vehicle at all times.
c. 
The licenses shall be valid for a period of one (1) calendar year beginning January 1st of each year, shall be nontransferable and shall be subject to revocation by the City Clerk for any of the following reasons:
1. 
If it is subsequently determined that the applicant or tow operator knowingly and with intent to deceive, made false, misleading or fraudulent statements of material fact in the application or in any other document required pursuant to this section.
2. 
Violation of any Federal or State law or municipal ordinance or regulation relating to the operation of a motor vehicle or the provision of towing services.
3. 
Violation of any rule or regulation promulgated by the New Jersey Department of Insurance.
4. 
Unsatisfactory service provided pursuant to this section.
5. 
Subsequent conviction of a crime or driving while license suspended.
d. 
If not revoked by the City Clerk, the license will be renewed upon the payment of the appropriate fee in subsection 4-9.5a for each company on or before December 31st of each succeeding year upon annual proof that the applicant meets the standards in this chapter and furnishes the required hold harmless agreement and certificate(s) of insurance.
e. 
No license shall be required for the on-site repair and/or towing or storage of any vehicle when the request is received by the towing operator from the owner of the vehicle.
[Ord. No. 2388 § 1 Art. III; Ord. No. 07-2746 § 1]
To qualify for inclusion on the list of tow operators, applicants must meet the following minimum standards:
a. 
Minimum Vehicle Requirements.
1. 
Every tow operator shall maintain and have available to render services required by this section a minimum of one (1) regular tow vehicle and one (1) flat bed vehicle.
2. 
Vehicle Classes:
(a) 
Regular tow vehicles must be equipped with a boom or winch assembly mounted on the chassis, a tow sling or wheel lift assembly at least one hundred (100') feet of minimum three-eighths (3/8") inch cable attached to a motor driven winch.
(b) 
Flat bed vehicles must be equipped with a winch or hydraulically operated bed that slides or tilts to accommodate transporting of vehicles.
3. 
Each applicant shall submit, along with its application, proof of ownership or lease of the tow vehicles.
b. 
Minimum Equipment Requirements.
1. 
Every tow vehicle or flat bed vehicle shall be equipped with the following:
(a) 
At least one (1) amber rotating beacon or strobe light mounted on the highest practical location of the vehicles, visible from three hundred sixty (360) degrees when in use and visible at a minimum distance of five hundred (500') feet during daylight hours.
(b) 
One (1) snatch block per winch.
(c) 
Safety tow lights or magnetic tow lights on towed vehicles at night, red colored, when other lights are not available.
(d) 
Extra chains and cables for pulling or securing a towed vehicle.
(e) 
At least one (1) heavy-duty broom, a shovel, a crowbar or prybar, a set of jumper cables, a flashlight, one (1) two (2) pound or larger fire extinguisher of dry chemical type, one (1) dozen flares or similar warning devices for placement at the scene of an accident or behind a disabled vehicle, and a sufficient quantity and types of tools to enable the tow vehicle operator to perform proper and adequate emergency repair services for the tow.
2. 
Every tow vehicle or flat bed vehicle shall comply with any and all State, Federal and local laws, regulations and ordinances pertaining to safety, lighting and towing equipment requirements and shall be subject to inspection by the Chief of Police or his designee at any time. No changes may be made in said vehicles or equipment unless prior written approval is obtained from the City Clerk.
3. 
Every tow vehicle or flat bed vehicle shall prominently display the tow operators license and shall have the name of the tow operator displayed on the vehicle in such manner and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
4. 
Every tow vehicle shall prominently display on each side of the vehicle a weight classification decal issued by the New Jersey Motor Vehicle Commission.
c. 
Minimum Personnel Requirements.
1. 
Tow operators shall have available, during normal business hours, a minimum of two (2) persons to provide the services required by this section. All persons employed by tow operators to provide the services required by this section shall meet the following requirements and be subject to the following regulations. They shall:
(a) 
Be able to provide minimum road services for disabled vehicles.
(b) 
Possess a valid driver's license having no restrictions or conditional endorsements, other than a condition requiring the wearing of eyeglasses, which would preclude an operator from driving a tow vehicle.
(c) 
Be mentally alert and present a neat appearance at all times.
(d) 
Obey all traffic laws and regulations.
(e) 
Not have been convicted of a crime nor had their driving privileges suspended or revoked within the past year.
d. 
Minimum Storage Requirements.
1. 
Every tow operator shall maintain an inside building or outside-secured storage area meeting the following requirements:
(a) 
The storage area shall be capable of storing a minimum of six (6) passenger vehicles. The area shall have at least four hundred (400) square feet of inside storage facilities.
(b) 
The location of the storage area shall be within the limits of the City.
(c) 
The outside storage area shall be fully enclosed by a solid fence, wall or other man-made barrier having a minimum height of six (6') feet for which a construction permit has been obtained, with at least one (1) lockable gate for ingress and egress and shall be lighted from dusk to dawn.
(d) 
This section recognizes that storage of inoperable vehicles is not a permitted use within the City of Summit; nevertheless, in the interest of public safety, storage shall be permitted in instances where towing has been ordered by the Police Department by licensed tow operators, and only for emergency and temporary purposes. Storage shall only be on properties in nonresidential zones and on areas of the properties not devoted to required parking. A copy of the police report or other documentation regarding all vehicles towed and stored pursuant to this section shall be provided to the Zoning Officer.
(e) 
The storage facility shall be open to the public during normal business hours, Monday through Friday (excluding national holidays), and any other time when personnel are on site.
(f) 
The tow operator shall have an employee on duty during all hours in which the storage facility is open.
(g) 
The tow operator shall not charge a release fee or other charge for releasing vehicles to their owners.
2. 
The applicant shall, with its application, submit proof of ownership or lease of the storage area.
3. 
The tow operator shall be responsible for ensuring the proper and safe storage of all vehicles towed pursuant to this section. The tow operator shall be liable for:
(a) 
Any damage incurred by or to such vehicles while in transit to or while stored in the storage areas.
(b) 
Property loss in such vehicles while in transit to or while stored in the storage areas.
4. 
The tow operator is prohibited from parking, storing or piling of vehicles on public streets or sidewalks.
[Ord. No. 2388 § 1 Art. IV; Ord. No. 07-2746 § 1]
a. 
Tow operators shall be placed on the list when applications are approved. Once the initial list has been established, new tow operators, when applications are approved, will be added to the list.
b. 
The Police Department shall request wrecking, towing and storage services from each tow operator on the basis of an equitable rotation schedule established by the Police Chief, which shall be based on the number of licensed tow operators. If, during the rotation schedule, the assigned the tow operator cannot respond or cannot respond in the required time period, then the dispatcher will request service from one of the other tow operators.
c. 
If a tow operator is unable to provide wrecking, towing or storage services for any time period, or wishes to be removed from the Tow Operators List, written notice of same shall be provided to the City Clerk and Police Department.
d. 
All requests for towing services shall be made through the Police Department.
e. 
Call for Tow Operator:
1. 
The Police Department shall request service only from licensed tow operators who shall be used to perform the necessary towing services.
2. 
If no emergency or road hazard exists, as determined by the police officer on the scene, the Police Department may permit such towing service from such other person as the operator of the motor vehicle in need of such services may request provided that the vehicle be removed without undue delay and that the Police Department does not deem it necessary to immediately remove the vehicle.
3. 
If, unknown to or without the permission of the police officer on the scene, the vehicle operator has called for towing services and the police officer has also called for the services of a licensed tow operator and the Police Department is not able to cancel the services of the licensed tow operator in a timely manner, the services of the licensed tow operator will take precedence and the vehicle operator must cancel its call or pay the licensed tow operator the towing fees as appear in Appendix A - FEES.[1]
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this section.
f. 
During adverse weather conditions, heavy traffic conditions or emergency conditions, tow operators shall give priority to requests from the City over any other requests which may be received by the tow operators.
[Ord. No. 2388 § 1 Art. IV; Ord. No. 07-2746 § 1]
The tow operator shall maintain during the life of the contract, insurance policies of the type and with the minimum limits indicated below and in a form satisfactory to the City of Summit. The tow operator shall provide a certified copy of the policies and/or certificates of insurance satisfactory to the City of Summit prior to license issuance.
a. 
Indemnity.
1. 
The tow operator shall defend, indemnify and hold harmless the City of Summit and the public from any and all claims for any losses, personal injury, accident, property damage or any consequential damages of any kind arising out of the operation of any towing services or repair services under this agreement and license. The tow operator shall further defend the City of Summit, at tow operator's sole cost and expense including attorney's fees, in connection with any claim, demand, suit or action brought against the City of Summit arising out of the awarding or operation of any towing garage services or act or omission of the tow operator, his agents or employees under this agreement and license.
2. 
The following wording shall either appear on Insurance Certificate or the applicant shall provide this statement as a separate signed notarized agreement: "The Tow Operator shall indemnify the City of Summit and the public against any loss due to injuries, accidents or damages of any character whatsoever where any such damage is the result of act or omission of the Tow Operator, his agents or employees in or due to the execution of the work called for under the contract."
b. 
Garage Liability Insurance. Limit of liability shall not be less than five hundred thousand ($500,000.00) dollars combined single limit (bodily injury and property damage) per occurrence including premises operations and products/completed operations.
c. 
Automobile Liability Insurance. Limit of liability shall not be less than seven hundred fifty thousand ($750,000.00) dollars combined single limit (bodily injury and property damage) for light and medium duty vehicles less than thirty-two thousand (32,000) pounds or one million ($1,000,000.00) dollars for heavy-duty vehicles greater than thirty-two thousand (32,000) pounds per occurrence.
d. 
Garagekeepers Legal Liability Insurance. Physical damage insurance policies shall be specifically endorsed to provide direct primary insurance, where applicable, for vehicles in tow, possession of, or storage on property owned or controlled by the tow operator. Limit of said coverage shall be not less than one hundred thousand ($100,000.00) dollars.
e. 
Excess Umbrella Insurance. Limit of liability shall be not less than one million ($1,000,000.00) dollars providing protection in excess of the one million two hundred fifty thousand ($1,250,000.00) dollar garage and auto liability coverage for light and medium duty vehicles less than thirty-two thousand (32,000) pounds or one million five hundred thousand ($1,500,000.00) dollar garage and auto liability coverage for heavy-duty vehicles greater than thirty-two thousand (32,000) pounds.
f. 
On all liability policies, the City of Summit shall be added as an additional insured, and insurance certificates shall indicate such coverage as primary coverage notwithstanding any insurance carried by the City of Summit.
g. 
Workers Compensation Insurance. Limit of liability shall not be less than the statutory coverage, including employers liability coverage with a limit of at least $500,000.00/$500,000.00/$500,000.00.
h. 
(Reserved)
i. 
Certified copies of all insurance policies provided above or certificates thereof satisfactory to the City of Summit shall be furnished with the application. Each such policy or certificate shall contain a provision that it is not subject to change, cancellation or nonrenewal unless thirty (30) days prior written notice via certified mail/return receipt shall have been given to the City of Summit by the tow operator's insurer. These must be received thirty (30) days prior to commencement of work.
j. 
The providing of any insurance required herein does not relieve the tow operator of any of the responsibilities or obligations assumed by the tow operator for which the tow operator may be liable by law or otherwise.
k. 
If any policies contain deductibles or copayments, it shall be the responsibility of the tow operator to pay such sums at the same time a claim is settled by the tow operator's insurance company.
l. 
(Reserved)
m. 
Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the contract and shall cause an immediate termination of the license.
n. 
All policies shall be written in either a company licensed to do business in the State of New Jersey or a New Jersey eligible Surplus Lines Company, with a minimum A.M. Best rating of A+. They shall be written on an ISO (Insurance Service Office) form or better and shall so indicate the A.M. Best rating.
[Ord. No. 2388 § 1 Art. IV; Ord. No. 07-2746 § 1; amended 11-6-2019 by Ord. No. 19-3202]
a. 
Fees for towing and storage of motor vehicles, damaged in an accident or recovered after being stolen, shall not exceed the fees established by the Common Council which are set forth at the end of this section.
b. 
Fees for towing and storage of motor vehicles, other than those damaged in an incident or recovered after being stolen, may not exceed the fees set forth in the schedule.
c. 
The fees set forth on the schedule for towing rates are the maximum charges that shall apply to a motor vehicle for basic towing services. There shall be no additional charges other than those provided herein.
1. 
The towing rates shall be calculated based on the total distance traveled from the tow vehicle's base of service to the job site and return, by way of the shortest available route. Fractions shall be rounded up to the nearest whole mile.
2. 
Tow vehicles transporting multiple motor vehicles at one time shall receive the applicable fees for each vehicle transported.
3. 
When towing services are required at the scene of an automobile accident, the day rate shall apply when the time of accident is between 8:00 a.m. and 4:30 p.m., Monday through Friday, except New Jersey state holidays. The night or weekend or holiday rate shall otherwise apply.
d. 
The fees set forth on the schedule for storage fees are the maximum storage charges per twenty-four-hour period that shall apply to a motor vehicle that is stored by a person. The twenty-four-hour period shall commence at 12:00 midnight of each day.
e. 
Tow operator shall be required to accept cash, cashier's checks, local personal checks or major credit cards, if the tow operator ordinarily accepts the card at its place of business for services rendered. Cash-only requirement may be allowed for release of impounded vehicles.
Fees
Type
Fee
Road Service
Cars (light)
$125 per hour plus parts
Trucks (medium/heavy)
$175 per hour plus parts
Towing-Basic
Light-duty - up to 10,000 pounds
Hook-up $150
Medium-duty - 10,001 to 16,000 pounds
$250 per hour
Heavy-duty - 16,001 pounds and above
$500 per hour
Decoupling fee (if tow is not performed)
1/2 of basic rate
On-Hook Mileage
Light-duty
$6 per loaded mile
Medium-duty
N/A
Heavy-duty
N/A
Recovery/Winching (in addition to towing - per truck, including driver)
Light/medium-duty - 10,001 to 16,000 pounds
$350 per hour charged in 1/2-hour increments of $175 per 1/2 hour
Heavy-duty - 16,001 pounds and above
$600 per hour
Specialized Recovery Equipment
Rotator/crane recovery unit
$1,200 per hour
Tractor with landoll trailer or detach trailer
$450 per hour
Tractor/transport hauler only
$250 per hour
Refrigerated trailer with tractor
$450 per hour
Box trailer with tractor
$400 per hour
Air cushion unit
$1,000 per hour
Light tower
$250 per hour
Pallet jack
$200 flat rate
Rollers
$20 flat rate
Any other specialized equipment
$250 per hour
Loader/backhoe/telescopic handler/bulldozer/bobcat
$300 per hour (each)
Forklift
$300 per hour
Dump truck/dump trailer with tractor
$350 per hour
Roll-off with container
$350 per hour plus disposal
Recovery supervisor vehicle
$150 per hour
Scene safety equipment, communication equipment, traffic management equipment, etc.
$250 per hour (each type used)
Recovery support vehicle/trailer additional recovery equipment
$350 per hour
Labor - minimum of 1 hour
Accident minor cleanup and disposal of debris
$75 per hour plus absorbent materials
Recovery Supervisor and/or Level III Recovery Specialist
$225 per hour
*Charges limited to 1 per incident
Certified towing operator
$125 per hour per person
Manual laborers
$100 per hour per person
Storage - per 24 hours (inside rates 2X outside rates)
Cars/light trucks (10 feet by 20 feet space)
$45 per 24 hours
Trucks (dual wheels/single axle)
$90 per 24 hours
Tractor/dump truck/tractor and trailer combo/trailers
$125 per 24 hours per unit
Buses
$150 per 24 hours
Roll-off
$125 per 24 hours (each)
Cargo/accident debris/load storage/vehicle components (10 feet by 20 feet space)
$45 per space used per 24 hours
Rental of any tow-company-supplied trailer post incident
$500 per 24 hours
Additional Services/Notes
Fuel/haz-mat/cargo spills
Cleanup and disposal
Time and materials
Haz-mat and trash recovery
10% surcharge
Subcontractor markup
10%
Administrative charge after 3rd visit to vehicle (cars only)
$50
Administrative charge (medium/heavy truck)
$200
After-hours release
$75
Notification documentation fee
$50
Tarping/wrapping vehicle
$90 per car $250 per truck
NOTES:
*After the first half hour, all hourly billable rates will be charged in half-hour increments.
** Charges for all trucks/recovery equipment are inclusive of the operator. You may not separately charge for an operator that drives/operates the truck/recovery equipment.
[Ord. No. 2388 § 1 Art. IV; Ord. No. 07-2746 § 1]
a. 
Copies of this section and the schedule of fees that may be charged by tow operator shall be made available to the public during normal business hours at the Summit City Hall. Copies shall also be made available to the public at each tow operator's place of business.
b. 
All tow operators shall post, in a prominent place at each storage area clearly visible to the public, a schedule of the fees that may be charged for all services provided pursuant to this section.
c. 
The City reserves the right to make periodic unannounced inspections of the personnel, vehicles, equipment and storage areas of all tow operators.
d. 
The relationship between tow operator and the City is one of an independent contractor. Neither party shall be construed in any manner whatsoever to be an employee of the other, nor shall any employee or agent furnished by any party be construed to be an employee or agent of the other party. Inclusion on the Tow Operator List shall not be construed or considered as a joint venture, partnership, association, and contract of employment or profit sharing agreement.
e. 
The municipality shall not be liable or responsible for compensating the tow operator for any of the services performed under this section unless those services are performed for City vehicles. Compensation shall be the responsibility of the owner of the towed motor vehicle and the tow operator shall proceed directly against the owner.
f. 
The tow operator shall, at all times, be solely responsible for the conduct of its employees.
g. 
Each tow operator shall keep and maintain adequate and complete records showing all vehicles towed, stored, and released, all services rendered and all fees charged and collected pursuant to this section. All records shall be available for inspection by the City at any time during normal business hours. Records shall be kept and maintained by the tow operator at one central location and shall be retained for a period of seven (7) years. Records may be written, printed or computerized as long as the requirements of this paragraph are met.
h. 
All police impounded vehicles shall be released only upon receipt of an authorized impound release form from the Police Department.
i. 
When on vacation, or for any other reason, the tow operator's office is closed, there shall be established procedure, approved by the Police Chief, to provide for the release of impounded vehicles when so authorized by the Police Department. Such procedure shall include, but not be limited to, whenever possible, providing a notice, at lease one (1) week in advance, to the City Clerk, Police Department, owners of all vehicles in possession and posting notices on the front and back doors of the tow operator's place of business.
[Ord. No. 2388 § 1 Art. IV; Ord. No. 07-2746 § 1]
a. 
In the event a complaint is received by the City involving the improper or unsatisfactory performance of services by a tow operator, excessive charges or damage to a motor vehicle or loss of property therein while in the custody of the tower, written notice of same shall be provided by the City Clerk to the tow operator involved. The tow operator shall have the opportunity to respond, in writing, within one (1) week of receipt.
b. 
Within fourteen (14) days of receipt of the tow operator's response, or within twenty-one (21) days of the receipt of the complaint, if no response is received, the matter shall be reviewed by the City Clerk and the Chief of Police who may request that the complainant and the tow operator involved appear and give testimony regarding the complaint.
c. 
If, after considering the matter, the City Clerk and Chief of Police shall determine that one (1) of the causes for revocation of the tow operator license, as set forth in subsection 4-9.5c exists, the license shall be revoked and the tow operator shall surrender same to the City Clerk within one (1) day.
d. 
Failure to surrender the license upon revocation shall constitute a violation of this section.
e. 
Nothing contained herein shall prevent or limit the right of any person to commence or maintain an action for damages or any other relief directly against a tow operator in a Court of competent jurisdiction.
[Ord. No. 2388 § 1 Art. V; Ord. No. 07-2746 § 1]
a. 
Any person aggrieved by any action of the City Clerk or Chief of Police, in the denial or suspension of a license, or imposition of other penalty shall have the right of appeal to the City Administrator. The appeal shall be taken by filing with the City Clerk, within thirty (30) days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The City Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
b. 
Any person aggrieved by a decision of the City Administrator may make an appeal to the Common Council of the City of Summit. Such appeal shall be taken by filing with the City Clerk, within twenty (20) days after notice of said decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of one hundred fifty ($150.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council of the City of Summit shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 2388 § 1 Art. VI; Ord. No. 07-2746 § 1]
The tow operator shall provide to the City Clerk, at renewal time or upon first being issued a license, a signed and notarized affidavit stating that a copy of the ordinance regulating the removal and storage of motor vehicles has been received and reviewed, and that same is understood and the conditions therein will, therefore, be complied with.
[Ord. No. 2388 § 1 Art. VII]
a. 
Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to the provisions of Section 1-5, General Penalty, of the Code of the City of Summit.
b. 
In addition to the fine provided above, a violation of any of the provisions of this section might be cause for revocation of the tow operator license.
APPENDIX A — FEES
TOWING
Base Fee Includes First Mile
Per Additional Mile
After 5 P.M. & Weekends & Holidays
Basic Hook-up Recovery
$90.00
$3.50
$110.00
$150.00
SERVICE
Jump Start
Flat Tire
Lock Out
Gas (optional)
$60.00
$60.00
$60.00
$30.00 + gas cost
Night/Weekend calls add $15.00
STORAGE (for twenty-four (24) hour period)
Inside
Outside (secured)
Outside (unsecured)
$60.00
$45.00
$33.00
RELEASE TIME shall be from 8:00 a.m. to 4:30 p.m., Monday through Friday (except national holidays). Any vehicle released not in these time period times may be subject to an additional fee of $25.00.
ADDITIONAL LABOR CHARGE (per hour)
Weekday
Night/Weekend
$40.00
$50.00
Charge for extraordinary mechanical work to ready vehicle, which could not otherwise be towed, for towing. This charge shall be in effect for additional manpower needed at the scene (per man/per hour). To be charged in thirty (30) minute increments with a one-half hour minimum.
WAITING TIME (per hour)
$40.00
To be charged in thirty (30) minute increments beginning after the first fifteen (15) minutes on the scene with a one-half hour minimum. This is exclusive of the time required to secure a vehicle for towing or time spent in actually towing a vehicle.
ADMINISTRATIVE CHARGES
$45.00
This is a one-time fee per vehicle per tow, for phone calls, certified letters and other items associated with trying to locate owners of said vehicles, if a vehicle owner does not contact the tow operator or claim the vehicle within fourteen (14) days of the tow.
YARD CHARGE
$50.00
For relocating a vehicle incapable of being driven from the licensee's storage facility to a public roadway, for towing by another towing company.
[Ord. No. 2016-3105 § 1]
As used in this section:
PUBLIC PLACE
Shall mean and include any nonresidential establishment wherein food or drink are sold or served to be consumed on or off the premises in the City.
[1983 Code Part VI T.30 § 2; Ord. No. 1174 § 5; Ord. No. 1829; Ord. No. 1866 § 1; Ord. No. 2209 § 2; Ord. No. 2254 § 4; Ord. No. 02-2553; Ord. No. 03-2583 § 3; Ord. No. 06-2740; Ord. No. 10-2895; Ord. No. 2016-3105 § 2]
A. 
No person shall pursue the selling or serving of food or drink in a public place as defined in subsection 4-19.1, to be consumed on or off the premises in the City, until the owner, lessee or proprietor shall have first obtained from the City Clerk a license to carry on or conduct the same and paid to the City Clerk a fee to be determined in the following manner:
a. 
Class 1: $58.00.
1. 
Prepackaged foods only.
2. 
No food preparation.
3. 
No seating.
b. 
Class 2: $116.00.
1. 
Prepackaged foods only.
2. 
Minimal food preparation and required food service equipment (i.e. coffee service only, three (3) compartment dish washing, paper service).
3. 
No seating.
c. 
Class 3: $240.00.
1. 
Prepackaged and/or fresh foods.
2. 
Normal amount of food preparation and required food service equipment (i.e. such as expected in a luncheonette, diner, deli, etc., involving hoods, steam tables, fryers, oven).
3. 
Seating for up to and including twelve (12) people.
d. 
Class 4: $347.00.
1. 
Prepackaged and/or fresh foods.
2. 
Normal amount of food preparation and required food service equipment (i.e. such as expected in a luncheonette, diner, deli, etc., involving hoods, steam tables, fryers, oven).
3. 
Seating for up to and including twenty-five (25) people.
e. 
Class 5: $525.00.
1. 
Prepackaged and/or fresh foods.
2. 
Above normal food preparation operations (i.e. as above except involving full-service menus and hazardous foods, multiple food operations like supermarkets with bakeries, deli, meat, fish, etc.).
3. 
Above normal requirements for food service equipment (i.e. as above except involving mechanical dishwashing, walk-in refrigeration, etc.).
4. 
Seating up to and including fifty (50) people.
f. 
Class 6: $693.00.
1. 
Prepackaged and/or fresh foods.
2. 
Exceptional food preparation operations (all of the above with the addition of exceptional quantities as seen in banquet halls, etc., and full service menus).
3. 
Exceptional requirements for food service equipment (all of the above with the addition of conveyor type dish washing machines, equipment, required for mass feeding operations; or multiple kitchens).
4. 
Seating for fifty-one (51) or more people.
B. 
Upon provision of proof of nonprofit status, only half of the initial license fees established for the above Classes shall apply to nonprofit organizations or to companies or entities who supply food preparation operations for said nonprofit organizations.
C. 
For each annual renewal, the fee for the license shall be as established above; and all licenses shall expire on the last day of June in each year.
a. 
Each annual license renewal fee not received by the City Clerk's office by the close of business on the last business day of June of each year shall also incur a delinquent renewal fee of $50.00. Said delinquent renewal fee shall not be waived.
b. 
Each annual license renewal fee not received by the City Clerk's office by the close of business on the last business day of July of each year shall also incur a delinquent renewal fee of $50.00 which shall not be waived, and the licensee shall be subject to the provisions of subsection 4-19.5, Violations.
[1983 Code Part VI T.30 § 2; Ord. No. 1866 § 2; Ord. No. 2016-3105 § 3]
The granting of any such license shall be at the discretion of the City Clerk, which license shall be signed by the City Clerk, bearing date of issue, name of the business so licensed, purpose for which granted, number of seats as represented by the applicant with the burden of responsibility on the applicant that the number of seats represented complies with the Fire Code Occupancy Load for that location, and location of room or building wherein the business or occupation is authorized to be carried on or conducted and shall not be transferable to any other business or any other location other than that set forth in the license.
a. 
Upon initial application for a new establishment, such license shall not be granted by the City Clerk until the business, occupation and the premises wherein same are to be carried on have been inspected by the Board of Health, Department of Community Services and Fire Department and found to comply with all regulations of the Departments.
b. 
Upon renewal application for an existing establishment, such license shall not be granted by the City Clerk until the licensee submits a completed renewal application and applicable fee pursuant to subsection 4-19.2, License Required; Fee.
Failure to comply with regulations of the Board of Health, Department of Community Services or Fire Department as now exist or may be made in the future shall constitute sufficient reason for refusal of a license or renewal of a license; the City Clerk may for good or sufficient reasons, revoke any such license, provided, however, the licensee shall have been given or afforded opportunity to be heard and permitted to show cause why such action shall not be taken.
[1983 Code Part VI T.30 § 4]
All such public places as defined in subsection 4-19.1 shall be kept clean; and the windows thereof shall be constructed of clear, plain glass, free from curtains, shade screens or any obstruction whatever, so as to afford a free, full and clear view of the whole entire interior from the street or office or corridor of the building where located.
[1983 Code Part VI T.30 § 5]
Any person, firm, or corporation violating any of the provisions of this section shall, upon conviction thereof, pay a fine of at least two hundred ($200.00) dollars and not exceeding five hundred ($500.00) dollars for each and every offense, besides costs of conviction.
[1983 Code Part VI T.30 § 6; Ord. No. 1866 § 3; Ord. No. 1885 § 1]
All licenses issued hereunder shall expire annually on June 30.
[Ord. No. 1866 § 4; 1983 Code Part VI T.30 § 7; Ord. No. 2016-3105 § 4]
a. 
Any person aggrieved by any action of the City Clerk, Board of Health, Department of Community Services or Fire Department, in the denial or suspension of a license, shall have the right of appeal to the Administrator. The appeal shall be taken by filing with the City Clerk within thirty (30) days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
b. 
An appeal may be made to the Common Council of the City of Summit by any person aggrieved by a decision of the Administrator. Such appeal shall be taken by filing with the City Clerk within twenty (20) days after notice of the decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of twenty-five ($25.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council of the City of Summit shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[1983 Code Part VI T.30 § 9]
The license fee is imposed for revenue purposes.
[Ord. No. 2208, Preamble; amended 10-6-2020 by Ord. No. 20-3222]
Common Council has determined that the establishment of sidewalk cafes will foster a pleasant and distinctive ambiance within the City, and the licensing and proper regulation of such sidewalk cafes is required for the interests of the health, safety and welfare of the City of Summit.
[Ord. No. 2208 § 1; Ord. No. 2209 § 1; Ord. No. 2282 § 1; Ord. No. 06-2703 § 1]
As used in this section:
ADJACENT BUILDING
Shall mean the building whose principal facade fronts on the sidewalk where the sidewalk cafe is or is proposed to be located.
PERSON
Shall mean any individual, partnership, corporation, association or other entity.
PRINCIPAL FACADE
Shall mean that portion of the facade of a building which fronts on a public street.
QUALIFYING ESTABLISHMENT
Sidewalk cafes shall only be permitted in front of an operating retail food establishment serving food or beverages on premises.
[Amended 10-6-2020 by Ord. No. 20-3222]
REQUIRED PEDESTRIAN PASSAGEWAY
Shall mean an area of sidewalk, parallel to the principal facade, at least four feet wide between the sidewalk cafe and the adjacent curb, which area shall be unobstructed by trees and light poles, trash receptacles, parking meter posts, telephone booths and similar structures.
RETAIL FOOD ESTABLISHMENT
Shall mean an establishment actually located within the adjacent building for which a current retail food establishment license has been issued by the City Clerk's office.
SIDEWALK
Shall mean the paved surface provided for the exclusive use of pedestrians and situated between and extending from any building to the curb of any street (excluding therefrom any unpaved area).
SIDEWALK CAFE or CAFE
Shall mean a retail food establishment (as defined herein):
a. 
Serving food to be consumed by the public at tables located within that more or less rectangular portion of the sidewalk which lies within the area bounded by the public street, the principal facade of the adjacent building, and the imaginary perpendicular lines running from the outer edge of such principal facade to the public street;
b. 
Containing readily removable tables, chairs, temporary railings and/or planters; and
c. 
Unenclosed by fixed walls or ceilings, except for retractable awnings, umbrellas or other non-permanent enclosures which in no way present a safety hazard to or impede pedestrian traffic.
[Ord. No. 2208 § 2; Ord. No. 2209 § 2; Ord. No. 2254 § 5, II [2]; Ord. No. 02-2553; Ord. No. 03-2559 § 1; Ord. No. 06-2703 § 2; Ord. No. 06-2740; Ord. No. 10-2895; amended 10-6-2020 by Ord. No. 20-3222]
No person, firm, or corporation shall pursue the business or occupation of selling food or drink in a retail food establishment, as defined in Subsection 4-20.2, to be consumed at the sidewalk cafe in the City of Summit, until the owner, lessee, or proprietor shall have first obtained from the City Clerk a permit to carry on or conduct the same and paid to the City Clerk a fee to be determined in the following manner:
a. 
Exterior sidewalk cafes:
1. 
Sidewalk cafes shall have a minimum of two tables.
2. 
Establishments without a liquor license shall be subject to the following fees:
(a) 
One to 10 seats: $116.
(b) 
Eleven to 25 seats: $289.
(c) 
Twenty-six to 50 seats: $404.
(d) 
Over 50 seats: $473.
3. 
Establishments with a liquor license shall be subject to the following fees:
(a) 
One to 10 seats: $232.
(b) 
Eleven to 25 seats: $578.
(c) 
Twenty-six to 50 seats: $808.
(d) 
Over 50 seats: $946.
4. 
Establishments with a liquor license must also enter into a lease agreement with the City in accordance with Chapter 3, Section 3-1, Subsection 3-1.3c2, of the City Code.
5. 
All fees are nonrefundable and will not be prorated.
[Ord. No. 2208 § 3; Ord. No. 2282 § 3]
a. 
Each applicant for a sidewalk cafe license shall submit and file an application with the City Clerk, together with three copies of a Cafe Plan (as defined below), and the appropriate fee. The application shall set forth:
1. 
The name and address of the applicant;
2. 
The name and address of the owner of the adjacent building (if other than the applicant); and
3. 
The name and address of the person who has prepared the Cafe Plan; and shall be accompanied by the written authorization and approval of the owner of the adjacent building (if other than the applicant).
b. 
The term "Cafe Plan" shall mean a plan setting forth the following information (and such other additional information, if any, as may be deemed necessary and subsequently requested by the City):
1. 
Identification of the adjacent building and all properties immediately adjacent to such building;
2. 
A scaled drawing of the proposed design and location of the sidewalk cafe, all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planters, awnings, lighting and electrical outlets (if any), provisions for the storage of such structures, equipment and apparatus, proposed signage and the location of any fire hydrant, plug or standpipe, utility pole, parking meter stanchion, telephone booth, or other permanent fixture between the adjacent building and the curb, including a clear indication of the presence of the required pedestrian passageway. (The plan shall be drawn to scale, but need not be prepared professionally.) The plan shall demonstrate that pedestrian traffic along the sidewalk upon which the sidewalk cafe is proposed to be located will in no way be impeded, and that the provisions of subsection 4-20.9 of this section will be satisfied.
3. 
A statement of the seating capacity of the proposed sidewalk cafe and of the existing retail food establishment actually operated by the applicant in the adjacent building.
The City Clerk shall approve or disapprove modification of the Cafe Plan within 15 business days following its submission. The City Clerk shall refer the Cafe Plan to the Chief of Police, the Fire Chief, the Health Officer and the Director of Community Services for inspection who shall review such Cafe Plan and provide a written recommendation. In the case of the Director of Community Services, such recommendation shall include an inspection of the condition of the sidewalk upon which the sidewalk cafe is proposed to be located and the adjacent curbing.
[Ord. No. 2208 § 4; Ord. No. 2282 § 5; Ord. No. 00-2428 § 1; amended 10-6-2020 by Ord. No. 20-3222]
No sidewalk cafe permit shall be issued unless the permittee shall have first filed with the City Clerk adequate proof that the following insurance requirements have been provided:
a. 
The City of Summit must be named an additional insured with respect to losses arising solely from the operation of the sidewalk cafe. Proof of this coverage must be provided either as an endorsement to the permittee's policy or part of blanket coverage.
b. 
The following wording may appear on the Insurance Certificate or the applicant may provide this statement as a separate signed notarized Agreement:
"The licensee shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, arising out of the operation of the sidewalk cafe, providing that such claims, damages, losses or expenses (1) are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom and (2) are caused in full or in part by any negligent acts or omission of the licensee, or any one directly or indirectly employed by it regardless of whether or not it is caused in part by a party indemnified hereunder."
c. 
Ten days' written notice of cancellation must be provided to the City.
d. 
Insurance in force must be written by a company licensed to do business in the State of New Jersey and Certificate shall so state: "Rated by A.M. Best Rating."
e. 
Minimum coverage requirements are:
1. 
General Aggregate - $1,000,000;
2. 
Products and Completed Operation Aggregate - $1,000,000;
3. 
Personal and Advertising Injury - $1,000,000;
4. 
Each Occurrence - $1,000,000;
5. 
Fire Damage (any one fire) - $50,000;
6. 
Medical Expense (any one person) - $5,000;
7. 
Workmen's Compensation - Statutory requirements;
8. 
Employers Liability - $100,000 (each accident) $500,000 (Disease - policy limit) $100,000 (Disease - each employee).
9. 
Liquor Liability - $1,000,000 when licensee permits the consumption of alcoholic beverages by its patrons.
[Ord. No. 2208 § 5]
No sidewalk cafe license shall be issued unless the licensee shall have first executed and filed with the City Clerk an indemnification agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the City of Summit, its officers, agents and employees, from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs, including attorney's fees, arising out of or which may arise out of the licensee's operation of such sidewalk cafe.
[Ord. No. 2208 § 6; deleted by Ord. No. 2282, § 6]
[Ord. No. 2208 § 8; Ord. No. 2282 § 8; Ord. No. 09-2850 § 1; amended 10-6-2020 by Ord. No. 20-3222]
All sidewalk cafe permits shall be issued for 12 months commencing March 1 through February 28 (29 if leap year). Permits may be renewed annually by the filing of an application in accordance with the provisions of Subsection 4-20.4. The City may temporarily suspend a sidewalk cafe permit if access to the sidewalk is needed in connection with public work to be performed in the area. In the case of snow or other inclement weather that has the potential to create dangerous or hazardous conditions, the sidewalk cafe equipment must be removed immediately from the sidewalk.
[Ord. No. 2208 § 9; Ord. No. 2282 § 9; Ord. No. 00-2423 § 1; Ord. No. 06-2703 § 3; Ord. No. 08-2803 § 1; Ord. No. 09-2850 § 2]
A sidewalk cafe authorized and operating pursuant to this section shall comply with all of the following rules and regulations, and such others as may be adopted by ordinance of the Common Council.
a. 
The Cafe shall be operated and maintained in accordance with the Cafe Plan as finally approved, and by the same person who operates and maintains the abutting retail food establishment.
b. 
The placement of furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe in relation to any fire hydrant, plug or standpipe permanent fixture shall be approved by specific written authorization of the Fire Chief based upon his review of the Cafe Plan.
c. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way as to impede the safe and speedy ingress and egress to or from any building or structure.
d. 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in or project or protrude into the required pedestrian passageway. Umbrella heights should be at a minimum of seven feet clearance to the sidewalk and a maximum of 10 feet from the sidewalk.
e. 
The sidewalk cafe shall be separated from the required pedestrian passageway by a suitable temporary and portable barrier designed for such or similar use and not exceeding four feet in height, which shall have been shown on and approved as part of the Cafe Plan. Such suitable temporary and portable barrier, on which the name of the establishment may be scripted or printed in a pattern along the length of the barrier. Such scripting does not fall under the restriction of subsection 4-20.9h.
f. 
Any table service provided at the sidewalk cafe shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may operate sidewalk cafes in which patrons carry their food from inside the premises to tables located in the sidewalk cafe.
g. 
The sidewalk area utilized by the sidewalk cafe shall be kept clean and free of litter and shall be powerwashed a minimum of once every six months. Proof of powerwashing must be available upon the request of a duly appointed Department of Community Services official. Trash receptacles shall be provided, maintained and emptied by the permittee as required and approved by the City. If no table service is provided, the trash receptacles shall include those needed for recycling.
[Amended 10-6-2020 by Ord. No. 20-3222]
h. 
One temporary sign not exceeding six square feet in area, unilluminated and displayed at a height not exceeding the maximum height allowed by the Development Regulations Ordinance shall be permitted. The wording of such temporary sign shall be limited to the name of the person conducting business on the sidewalk cafe and may state the items of food offered for sale. The temporary sign shall not be placed on the adjacent building or on any structure and shall be removed after the closing of the restaurant in accordance with the following paragraph k. The following types of signs and decorations are prohibited: 1. Signs painted or lettered on banner type material; 2. Tent type signs placed on sidewalks; and 3. Moving, fluttering and flapping pennants, flags, balloons and similar decorations.
i. 
Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances of the City.
j. 
Sidewalk cafes shall be permitted to operate only from 7:00 a.m. until 10:00 p.m.
[Amended 10-6-2020 by Ord. No. 20-3222]
k. 
Furniture, apparatus, decorations and appurtenances shall be secured in accordance with a sidewalk cafe Plan which describes the method for securing same that is specifically approved by the Chief of Police and the Fire Chief, with particular attention being given to issues of ingress and egress and the possibility of the stored material being used to create a public hazard. The Chief of Police, based on the scaled drawing of the Cafe Plan, may preliminarily approve the Cafe Plan so that the license may be issued. However, the Chief of Police reserves the right to alter the Cafe Plan based upon a site visit of the actual storage procedure. If said Plan is altered, the Fire Chief shall be consulted. If both agree with the alteration, the Cafe Plan shall be so modified and filed with the Clerk's office, which will then become the final and officially approved Plan.
l. 
No food may be prepared in the sidewalk cafe or outside the adjacent building.
m. 
The licensee shall comply with all other ordinances of the City.
n. 
Compliance with current City regulations and Americans with Disabilities Act (ADA) requirements pertaining to pedestrian sidewalk access and passage is required.
[Added 10-6-2020 by Ord. No. 20-3222]
[Ord. No. 2208 § 10; Ord. No. 00-2428 § 2; Ord. No. 06-2703 § 4]
The sidewalk area upon which a sidewalk cafe has been authorized to operate may permit the consumption of alcoholic beverages as follows:
a. 
A retail food establishment that does not possess a liquor license may permit its patrons to consume only beer or wine, which is brought to the premises by its patrons.
b. 
Subject to the City leasing or licensing the appropriate sidewalk area so it has a tenant interest in the property, a retail food establishment possessing a plenary retail consumption license, after having the area designated in the approved "Cafe Plan" and having been granted a place-to-place liquor license transfer, as defined by the Alcoholic Beverage Control Division, may permit the consumption of alcoholic beverages by its patrons.
[Ord. No. 2208 § 11; amended 10-6-2020 by Ord. No. 20-3222]
Upon a determination by the City Clerk that a person has violated one or more of any of the provisions of this section, the City Clerk shall give written notice to correct such violation within 10 days of the receipt of such notice. In the event that a person operating a sidewalk cafe without a permit is given written notice, the sidewalk cafe shall not operate until a permit has been issued by the City Clerk. In the event that a person with a permit fails or refuses to correct any other violation within such period, that person's sidewalk cafe permit shall thereupon be revoked.
[Ord. No. 2208 § 12; Ord. No. 02-2553; Ord. No. 03-2559 § 1; Ord. No. 10-2895]
Any person aggrieved by any action of the City Clerk, in the denial or revocation of a sidewalk cafe License, shall have the right to appeal to the City Administrator. The appeal shall be taken by filing with the City Clerk, within 30 days after the notice of the action complained of has been served personally upon the licensee, or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 4-20.4 herein, a written statement setting forth fully the grounds for appeal. The City Clerk shall set a time and place of hearing for the appeal, at which time the City Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
An appeal may be made to the Common Council by any person aggrieved by a decision of the City Administrator. Such appeal shall be taken by filing with the City Clerk, within 20 days after notice of the decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of $105. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 2208 § 13; Ord. No. 2209 § 5]
Any person convicted of a violation of any of the provisions of this section shall be subject to a fine of at least two hundred ($200.00) dollars and not exceeding $500 for each and every offense besides costs of conviction.
Part 1 Autocabs/Taxis.
[1]
Editor's Note: Prior ordinance history pertaining to Taxis and Limousines includes portions of 1983 Code Part VI T. 29, and Ord. Nos. 1829, 1871, 2254, 2289, 2322, 02-2553, 04-2635, 06-2740 and 10-2895. Ord. No. 2018-3170 repealed and replaced Section 4-26 with Autocabs/Taxis and Limousine/Livery Service.
[Ord. No. 2018-3170]
As used in this section, the following terms shall have the meanings indicated:
AUTOCAB
Means and includes any automobile or motor car, commonly called taxi, engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the State.
PERSON
Means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
STREET
Means and includes any street, avenue, park, parkway, highway or other public place.
[Ord. No. 2018-3170]
It shall be unlawful for any autocab/taxi to operate or be operated along any street in the City of Summit without first obtaining an annual vehicle license issued by the City of Summit as provided herein.
The number of taxi vehicle licenses available for issuance by the City of Summit at any one time shall not exceed fifteen (15) active licenses. Licenses will be issued for an April 1 to March 31 license year.
Upon issuing the number of available licenses for any license year, the City Clerk shall maintain a waiting list by date of receipt of the application for an autocab/taxi vehicle license. If the number of available licenses have been issued in any April 1 through March 31 license year, when a license becomes available through revocation, surrender, failure to renew, or failure to comply with any federal, state or local law, the City Clerk shall notify the first person on the waiting list of the available license and shall process the application.
[Ord. No. 2018-3170]
Every person applying for an autocab/taxi vehicle license or a renewal must be at least 18 years of age. If a corporation, such corporation must be organized and existing under the laws of the State of New Jersey. In the event the corporation is not incorporated under the State of New Jersey then said corporation must submit proof that it is authorized to transact business in the State of New Jersey. The application for a license shall be filed with the City Clerk upon forms provided by the Clerk's Office. It shall be verified under oath and shall include, but not limited to, the following information:
a. 
Owner/Operator Information.
1. 
Name, address and age of the applicant.
2. 
The year, vehicle identification number ("VIN"), make, model, color of the vehicle to be licensed.
3. 
The location of proposed depots and terminal points for the licensed vehicle.
4. 
Trade name, address and phone number of principal place of business and email address.
5. 
A schedule of rates to be charged by the applicant.
6. 
City license number and date of issuance (if previously issued).
b. 
Driver Information.
1. 
Driver's name, address and signature.
2. 
Copy of valid New Jersey Motor Vehicle Commission driver's license.
3. 
Two (2) two by two (2" x 2") photographs.
4. 
Copy of current N.J. Motor Vehicle Commission driver's license abstract.
5. 
Consent to a criminal history background check. All costs associated with administering and processing the background check(s) shall paid by the applicant. An applicant shall be disqualified from operating and shall not be issued a license if a criminal history record background check reveals a record of conviction of any of the following crimes as having been committed by the applicant in New Jersey or elsewhere, or a record of conviction of a crime in another jurisdiction in the world which, in that jurisdiction, is comparable to any of the following crimes:
(a) 
Aggravated assault;
(b) 
Arson;
(c) 
Burglary;
(d) 
Escape;
(e) 
Extortion;
(f) 
Homicide;
(g) 
Kidnapping;
(h) 
Robbery;
(i) 
Aggravated Sexual assault;
(j) 
Sexual assault;
(k) 
Endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection "r" of N.J.S.A. 2C:39-1; or
(l) 
A crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
Additionally, if a person who has been convicted of one of the crimes listed above can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside of New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, then the criminal offense shall not disqualify the applicant from operating or driving a taxicab within the City.
6. 
Medical examination report evidencing driver fitness or CDL or Medical Examiner Certificate.
7. 
Authorization letter from vehicle owner naming the applicant as an authorized driver. The authorization letter must list the VIN's of the vehicles the applicant is authorized to operate.
c. 
Insurance or bond requirements; exemption from insurance:
1. 
In accordance with N.J.S.A. 48:16-3, evidence of coverage of an insurance policy which shall be issued by an admitted insurance company duly licensed to transact business under the insurance laws of this State or a company registered to do business in this State, the policy providing for not less than $35,000.00 of motor vehicle liability insurance coverage or the amount of motor vehicle liability insurance coverage required pursuant to section 1 of P.L. 1972, c. 197 (C. 39:6B-1), whichever is greater, to satisfy all claims for damages, by reason of bodily injury to, or the death of, any person or persons, resulting from, or on account of, an accident, by reason of the ownership, operation, maintenance, or use of such autocab/taxi upon any public street, and to satisfy any claim for damages to property of any person or persons, resulting from, or on account of, an accident, by reason of the ownership, operation, maintenance, or use of such autocab/taxi upon any public street.
2. 
Nothing contained in this subsection shall prohibit the owner of an autocab/taxi from obtaining any additional amount of motor vehicle liability insurance coverage from a company licensed outside the State of New Jersey.
3. 
The license shall be effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
4. 
If such owner operates more than one autocab/taxi, in lieu of the policy required under N.J.S.A. 48:16-3, an owner may submit a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this State, in the sum of $50,000.00, which shall be a blanket insurance covering all cabs operated by such owner which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such autocabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
5. 
As provided for under N.J.S.A. 48:16-8, in lieu of the insurance policy or bond required herein, any corporation organized under the laws of this State having a paid up cash capital of not less than $150,000.00 may carry its own liability insurance, if it can reasonably satisfy the commissioner of banking and insurance as to the permanence and financial standing of its business. The use of this exception shall be in accordance with New Jersey law.
6. 
The owner of the autocab/taxi shall execute and deliver to the clerk of the municipality concurrently with the filing of a policy or bond referred to in sections 48:16-3 and 48:16-4 of this title, a power of attorney, wherein and whereby the owner shall appoint the chief fiscal officer of the City of Summit his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed.
7. 
Where an autocab/taxi operates in more than one municipality, the insurance policy or bond required under this section shall be filed with the clerk of the municipality in which the owner has his principal place of business and certificates, in such number as may be necessary, certifying that the owner has complied with all the provisions of this section shall, by the clerk of the municipality, be delivered to the owner, who shall file the certificate with the clerk of each municipality in which such operation takes place.
8. 
Evidence of coverage shall list the VINs of all covered vehicles, and the covered drivers' names and drivers' license numbers.
[Ord. No. 2018-3170]
a. 
The annual license fee shall be as follows:
1. 
$50.00 application fee for each vehicle; plus
2. 
$116.00 for each driver listed per year.
b. 
All fees shall be payable upon submission of the application to the City Clerk. License fees are non-refundable, non-transferable and shall not be prorated.
c. 
Licenses shall be issued from April 1 or date of approval, whichever is later, through March 31 of each year and shall be effective for such time period unless sooner suspended or revoked as provided under this section. Renewal licenses will be issued in order of approval beginning no earlier than February 1 for the upcoming license year.
d. 
No fee shall be refunded because the license applied for is denied, suspended or revoked.
[Ord. No. 2018-3170]
a. 
No autocab/taxi vehicle license shall be issued or renewed until the following items have been submitted:
1. 
Copy of driver's license of all persons to operate licensed vehicle.
2. 
Copy of vehicle registration (or vehicle title for newly purchased vehicles) for all vehicles listed on the application.
3. 
Copy of Corporation Code (corpcode) letter from N.J. Motor Vehicle Commission.
4. 
Copy of N.J. Business Registration Certificate.
5. 
A certification from the Zoning Officer of the City of Summit that the holder of said license may maintain an autocab/taxi service depot conforming to zoning regulations of the City.
6. 
A notarized statement from the owner of the property authorizing the applicant to depot cars on said property.
7. 
If the principal place of business is in Summit, but the depot for vehicle(s) is in another municipality, then a copy of the zoning permit or letter from that municipality indicating that said vehicles are permitted to be in depot in their municipality is required.
[Ord. No. 2018-3170]
a. 
The City Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the autocab/taxi has complied with the terms and provisions of this chapter.
b. 
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 autocab/taxi insured thereunder, and the registration number of the same.
c. 
The duplicate certificate shall be filed with the department of motor vehicles before any such car is licensed as an autocab/taxi.
d. 
The original certificate shall be posted in a conspicuous place within the autocab/taxi.
[Ord. No. 2018-3170]
No person shall operate a autocab/taxi upon the public streets of this City unless he/she shall first obtain a City of Summit autocab/taxi driver's license as provided under subsection 4-26.3b. Such license shall include the following:
a. 
Vehicle owner's name and driver's name, one (1) two-by two (2"x2") inch photograph (to be provided by the driver) and driver's signature.
b. 
City license number and date of issuance.
[Ord. No. 2018-3170]
a. 
The Common Council may designate as taxi spaces on the public streets where and in such number as it may consider necessary to the public welfare and also designate the number of taxis to occupy each such stand. Every taxicab, while occupying space on a public stand, shall be immediately available for hire. No owner or driver shall leave his or her vehicle unattended or in any other manner to render such vehicle unready for immediate use while such vehicle is occupying space within any public taxi stand.
b. 
The regulation of such designated taxi stands shall be under the jurisdiction of the Police Department.
c. 
Only a taxi licensed by the City may occupy or deliver a passenger to a taxi stand, or otherwise conduct business from said stand.
d. 
Taxi stands shall be regulated under Chapter 7, Traffic, Section 7-16, Taxi Stands.
[Ord. No. 2018-3170]
The owner of each autocab/taxi licensed pursuant to this section shall file the current company rates annually with the City Clerk's office and shall display the rates in the vehicle in such a manner as to be in full view of all passengers.
[Ord. No. 2018-3170]
Nothing contained in this section shall exempt any person owning or operating any autocab/taxi from complying with the provisions of N.J.S.A. 48:16-1 et seq. or any other law relating to the ownership, registration and operation of automobiles in this State.
Part 2 Limousine/Livery Service.
[Ord. No. 2018-3170]
As used in this section, the following terms shall have the meanings indicated:
DRIVER
Means the driver of any limousine.
LIMOUSINE
In addition to that contained in N.J.S.A. 48:16-13 shall mean and include any automobile or motor vehicle licensed to engage in the business of carrying one (1) or more passengers on prearranged or prior notice hire, and which does not solicit passengers for hire at any public taxi stand upon the public streets of the City of Summit.
LIMOUSINE OR LIVERY SERVICE
Means and includes the business of carrying passengers for hire by limousines.
PERSON
Means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
PRINCIPAL PLACE OF BUSINESS
Means, in reference to a municipality, the location of the main place of business of the limousine service in the municipality where limousine service is conducted, where limousines are dispatched, or where limousine drivers report for duty.
STREET
Means and includes any street, avenue, park, parkway, highway, or other public place.
[Ord. No. 2018-3170]
It shall be unlawful for any person owning a limousine or livery service in which the principal place of business is located in the City of Summit to operate or cause to be operated any limousine or livery service within the City of Summit without first obtaining a license issued by the City.
The requirements of this section shall not apply to a limousine/livery service duly licensed by another municipality while such limousine/livery service is being operated in the City of Summit solely in response to a call to pick up a passenger or passengers or for the purpose of delivering to a destination or destinations within the City. No limousine/livery service shall be permitted to cruise in the City of Summit for the purpose of engaging passengers.
[Ord. No. 2018-3170]
Every person applying for a limousine/livery service vehicle license, or a renewal thereof, must be at least 21 years of age. If a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and shall maintain a principal place of business in the City of Summit. In the event the corporation is not incorporated under the State of New Jersey then said corporation must submit proof that it is authorized to transact business in the State of New Jersey. The application for a license shall be filed with the City Clerk upon forms provided by the Clerk's Office. It shall be verified under oath and shall include, but not limited to, the following information:
a. 
Owner/Operator Information.
1. 
Name, address and age of the applicant.
2. 
The year, vehicle identification number ("VIN"), make, model, color of the vehicle or vehicles to be licensed.
3. 
The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminal points.
4. 
Trade name, address and phone number of principal place of business and email address.
b. 
Driver Information.
1. 
Driver's name, address and signature.
2. 
Copy of valid New Jersey Motor Vehicle driver's license.
3. 
Two (2) two-by two (2" x 2") photographs.
4. 
Copy of New Jersey Motor Vehicle Commission Chauffeur Certification Letter showing current employer.
5. 
Authorization letter from vehicle owner naming the applicant as an authorized driver. The authorization letter must list the VIN's of the vehicles the applicant is authorized to operate.
c. 
Insurance requirements.
1. 
In accordance with N.J.S.A. 48:16-14, evidence of coverage of an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey and rated "A-" or better by A.M. Best Rating in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street.
2. 
Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000.
3. 
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
4. 
Evidence of coverage shall include the VIN's of all covered vehicles and covered drivers' names and drivers' license numbers.
[Ord. No. 2018-3170]
a. 
As provided for under N.J.S.A. 48:16-17 and as may be amended from time to time, the annual license fee shall be as follows:
1. 
$50.00 application fee for each limousine service; and
2. 
$10.00 for each limousine which is covered under the required insurance policy; and
3. 
$116.00 for each driver listed per year.
b. 
All fees shall be payable upon submission of the application to the City Clerk. License fees are non-refundable, non-transferable and shall not be prorated.
c. 
There shall be no limit on the number of limousine licenses issued and outstanding at any one time.
d. 
Licenses shall be issued from April 1 or date of approval, whichever is later, through March 31 of each year and shall be effective for such time period unless sooner suspended or revoked as provided under this section. Renewal licenses will be issued in order of approval beginning no earlier than February 1 for the upcoming license year.
e. 
No fee shall be refunded because the license applied for is denied, suspended or revoked.
[Ord. No. 2018-3170]
a. 
No limousine/livery service vehicle license shall be issued or renewed until the following items have been submitted:
1. 
Copy of driver's license of all persons to operate licensed vehicle.
2. 
Copy of vehicle registration (or vehicle title for newly purchased vehicles) for all vehicles listed on the application.
3. 
Copy of Corporation Code (corpcode) letter from N.J. Motor Vehicle Commission.
4. 
Copy of letter of qualification from N.J. Motor Vehicle Commission for all drivers, (if applicable).
5. 
Copy of N.J. Business Registration Certificate.
6. 
A certification from the Zoning Officer of the City of Summit that the holder of said license may maintain a limousine/livery service depot conforming to zoning regulations of the City.
7. 
A notarized statement from the owner of the property authorizing the applicant to depot cars on said property.
8. 
If the principal place of business is in Summit, but the depot for vehicle(s) is in another municipality, then a copy of the zoning permit or letter from that municipality indicating that said vehicles are permitted to be in depot in their municipality is required.
[Ord. No. 2018-3170]
a. 
The City Clerk shall review all applications for limousine/livery service licenses. If the Clerk finds that the limousine/livery service applicant meets all the requirements of this section, then the Clerk may issue a license to operate, in duplicate, showing that the owner of the limousine has complied with the terms and provisions of this section.
b. 
All licenses shall be numbered, stating the date of issuance, the name and address of the principal place of business of the licensee, the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder, and the registration number of the same, and any other information as may be required by State law and/or the City of Summit.
c. 
The duplicate license shall be filed with the commission before any such car is registered as a limousine.
d. 
The original license or a copy thereof shall be retained within the limousine and shall be available for inspection by any law enforcement officer in the State. In addition to the recital of insurance information required on the license pursuant to this section, the owner of a limousine shall attach to the original license or copy thereof retained within the limousine a notarized letter from an insurance company containing the same insurance information required in the recital and the VIN or a notarized certificate of insurance for the particular limousine showing the VIN as well as the limits of insurance coverage, and available insurance card, which shall constitute proof of insurance coverage, and which shall also be available for inspection by any law enforcement officer in the State. A copy of the notarized letter or notarized certificate of insurance shall constitute proof to the chief administrator that the applicant has complied with the insurance provisions of this section.
[Ord. No. 2018-3170]
No person shall drive a limousine upon the public streets of this City unless he/she shall first obtain a City of Summit license for such purpose as provided herein. Such license shall include the following:
a. 
Vehicle owner's name and driver's name, one (1) two-by two (2"x2") inch photograph (to be provided by the driver) and driver's signature.
b. 
City license number and date of issuance.
[Ord. No. 2018-3170]
Notwithstanding anything contained in this section to the contrary, limousine/livery service applicants shall comply with the provisions of N.J.S.A. 48:16-13 through N.J.S.A. 48:16-22.6. Moreover, nothing contained in this section shall exempt any person owning or operating any limousine or livery service from complying with the law relating to the ownership, registration and operation of automobiles in this State.
Part 3 Operation of Vehicles.
[Ord. No. 2018-3170]
a. 
A driver shall have a good driving record.
b. 
A driver shall not operate a vehicle while under the influence of drugs or intoxicating liquors or with the smell of alcohol on his/her person or in his/her vehicle.
c. 
Smoking while carrying passengers is prohibited, except with the permission of the passenger.
d. 
A limousine/livery driver shall be polite to patrons. Disrespectful conduct or use of abusive or insulting language to passengers is prohibited.
e. 
An autocab/taxi driver shall not solicit patronage for restaurants, night clubs, cabarets, dance halls, hotels, or like places, nor solicit for any place maintained in violation of the law.
f. 
A driver shall not refuse service to any orderly person unless he is previously engaged.
g. 
A driver shall thoroughly search the interior of the vehicle immediately after the termination of each trip and note if the passenger has left any article therein. Any property so found shall be taken to Police Headquarters and turned into the officer in charge within twenty-four (24) hours.
h. 
An autocab/taxi driver shall solicit fares only from the driver's seat or in a position within five (5) feet of his vehicle parked in a public taxi stand.
i. 
A driver of an autocab/taxi taxi entering a taxi stand shall do so by taking his position at the rear of any taxis already on the stand.
Part 4 Complaints, Revocation or Suspension Procedures.
[Ord. No. 2018-3170]
a. 
Complaints.
1. 
Each written complaint received by the City Clerk's office against an autocab/taxi or limousine owner or any vehicle driver, shall be recorded and shall be immediately forwarded to the owner and or driver who shall reply, within seven (7) business days of receipt, to the City Clerk's office.
2. 
If repeated, serious and/or safety complaints are received, the owner and, if appropriate, driver shall be served with a written complaint from the City Clerk's Office along with a notice to appear before the City Clerk and Chief of Police or designee for a suspension or revocation hearing. Such service shall be made by personal service or regular and certified mail, return receipt requested at least ten (10) days before the hearing date.
b. 
Revocation or Suspension.
1. 
Every license granted under this section may be suspended or revoked by the City Clerk of the City of Summit for a violation of any provision of this section. In addition, any license may be suspended or revoked after a hearing upon a finding that the operation of the limousine/livery or taxi service is detrimental to the preservation of the health, safety and welfare of the public.
2. 
A license granted under this section may be revoked by the Common Council of the City of Summit, after notice and hearing, whenever it shall appear that the person to whom the license was granted has failed to furnish or keep in force the insurance policy or bond and power of attorney required by this section, or to comply with any terms or conditions imposed by the board or body granting the consent, or any law of this State.
c. 
Penalties. For owners and/or drivers, at the discretion of the hearing officers, penalties shall be:
1. 
Written warning;
2. 
Probation;
3. 
License suspension or license revocation depending on the number and gravity of bona fide complaints and/or violations of this section.
d. 
Appeal.
1. 
Any person aggrieved by any action of the City Clerk or Chief of Police or designee, in the denial or suspension of a license, or imposition of other penalty shall have the right of appeal to the City Administrator. The appeal shall be taken by filing with the City Clerk, within thirty (30) days after the notice of the action has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The City Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
2. 
An appeal may be made to the Common Council of the City of Summit by any person aggrieved by a decision of the City Administrator. Such appeal shall be taken by filing with the City Clerk, within twenty (20) days after notice of said decision has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of two hundred ($200.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council of the City of Summit shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 2018-3170]
Any person who violates any provision of this section shall, in addition to suspension or revocation of license, shall upon conviction pay a fine for first offense of not more than one hundred ($100.00) dollars and for each subsequent offense shall upon conviction pay a fine not to exceed two hundred ($200.00) dollars and be liable to imprisonment in the County Jail for a term not to exceed thirty (30) days.
[Ord. No. 2018-3170]
N.J.S.A. 48:16-1 et seq. and the amendments and supplements thereto are hereby adopted and operative within the City and shall govern the licensing, conduct and operation of autocabs/taxis and liveries and limousines as described herein. If any portion of this section is found to be inconsistent with any portion of N.J.S.A. 48:16-1 et seq., or any other regulatory statute, by the final judgment of a Court of competent jurisdiction, the governing statute shall prevail and such portion shall not affect the validity of the remaining provisions of this section, which shall be severed therefrom.
[1983 Code Part VI T.26 § 1; Ord. No. 1872 § 1]
Licenses must be obtained for the purposes hereinafter named, which may be granted by the City Clerk and signed by the Mayor and City Clerk.
[1983 Code Part VI T.26 § 2; Ord. No. 1872 § 2; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
The following fees shall be paid to the City Clerk for use of the City, by the applicants for licenses before receiving a license:
a. 
For exhibiting any circus, or menagerie, or collection of wild beasts, or animals, or any like shows or exhibitions, or any aggregation of exhibitions within one (1) enclosure, the sum of eighty-four ($84.00) dollars for the first exhibition and fifty-eight ($58.00) dollars for such subsequent exhibitions provided that no more than one hundred forty-five ($145.00) dollars shall be charged for such exhibitions in any one (1) day. For a merry-go-round, eighty-four ($84.00) dollars for each week or portion thereof. All shows or exhibitions shall not continue later than 11:00 p.m. For exhibitions of games, tricks, jugglery, sleight of hand or other tricks or feats of dexterity, or any like shows or exhibitions whatsoever, or any theatrical, moving picture or similar shows, the sum of eighty-four ($84.00) dollars for each exhibition.
b. 
For each concert of vocal or instrumental music, or both, or for public readings or recitations the sum of eighty-four ($84.00) dollars for the first and fifty-eight ($58.00) dollars for the second and each subsequent exhibition; and provided further that no license fee shall be required for theatrical performances, concerts, readings, recitations, or kindred entertainments given by a volunteer nonprofit organization for charitable or religious purposes or for the benefit of any school, society, club, association or the public library.
[1983 Part VI T.26 § 3; Ord. No. 1872 § 3; Ord. No. 2254 § 5, I; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
The owner or lessee of any building or hall may obtain an annual license therefor which shall expire on December 31 following issuance. The license shall not be transferable and may be revoked at any time by the City Clerk for causes prejudicial to the public welfare or property. The fee for an annual license shall be seven hundred twenty-two ($722.00) dollars. No additional fee shall be required for any performance or exhibition in a building or hall for which an annual license shall have been obtained, except where the seating capacity of such building or hall shall exceed five hundred (500) seats, and in that case the sum of two dollars ($2.00) cents per annum for each additional seat over five hundred (500) shall be charged in addition to the annual fee of seven hundred twenty-two ($722.00) dollars.
Theater: (For Profit)
Under 500 seats
$462.00
Over 500 seats
$693.00
Provided, however, that no license shall be required under this section for a volunteer nonprofit organization or for a building or hall used for charitable or religious purposes, or for the benefit of any school, society, club, association or the public.
[1983 Code Part VI T.26 § 4; Ord. No. 1872 § 4]
No license shall be issued under this section to any person for exhibiting any circus or menagerie or collection of wild beasts or animals for any like shows or exhibition until a certificate shall be obtained from the Board of Health that proper and adequate sanitary arrangements have been provided for the employees of any such person and the public.
[1983 Code Part VI T.26 § 5]
It shall be the duty of the City Clerk to furnish the Treasurer at least once in each and every month with a report of the licenses issued under this section, together with the monies due the City for the same, and further to keep a full record in a book to be kept for that purpose.
[1983 Part VI T.26 § 4; Ord. No. 1872 § 5]
Any person who shall violate any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Ord. 7/6/37; 1983 Code Part VI T.9 § 1]
As used in this section:
DANCING
Shall not apply to exhibitions or performance in which the persons paying for admission do not participate.
PUBLIC DANCE
Shall mean any dance to which admission can be had either with or without the payment of a fee, wardrobe charge or otherwise, or any other dance in which the public generally may participate.
PUBLIC DANCE HALL
Shall mean any room, space or place in which dancing is carried on and to which admission can be had either with or without the payment of a fee, wardrobe charge or otherwise.
[Ord. 7/6/37; 1987 Code Part VI T.9 § 2]
No person, unless duly licensed in accordance with the provisions of this section, shall have, keep, own, maintain or permit within the limits of the City, any dancing in public dance halls.
[Ord. 7/3/37; Ord. No. 1865 § 1; 1983 Code Part VI T.9 §§ 3, 4]
a. 
Licenses may be granted by the City Clerk after application therefor containing the information required by this section on an application form supplied by the City Clerk.
b. 
No license shall be issued unless the premises comply with and conform to all the Laws of the State of New Jersey, and the ordinances and regulations of the City of Summit, and are properly ventilated, supplied with sufficient toilet conveniences, and/or, in the judgment of the Construction Officer, safe and proper places for the purposes for which they are to be used.
[Ord. 7/3/37; 1983 Code Part VI T.9 § 5]
All public dance halls shall be kept in a clean, sanitary and healthful condition, and all rooms connected therewith as well as all stairways and other passages shall be kept open and well lighted. It shall be the duty of the Chief of Police to order and cause any hall or place where any public dance is held to be vacated whenever, in his judgment, any of the provisions of this section are being violated or whenever any indecent act shall be permitted or whenever any disorder shall take place therein.
[Ord. 7/3/37; 1983 Code Part VI T.9 § 6]
The license of any public dance hall may be suspended or revoked for any cause, and such license when so suspended or revoked shall not be reissued until at least six (6) months shall have elapsed.
[Ord. 7/3/37; 1983 Code Part VI T.9 § 6]
No license shall be issued or renewed unless the applicant therefor shall be a citizen of the United States and a person of good moral character. Licenses may be granted to incorporated companies, clubs or associations which are incorporated under the Laws of the State of New Jersey, provided that all of the persons connected with the incorporated companies, clubs or associations have the same qualifications as individual applicant.
[Ord. 7/3/37; Ord. No. 1865 § 1; 1983 Code Part VI T.9 § 3]
No person, society, club or organization shall rent, hire or occupy any public dance hall for a public dance without first having obtained a permit therefor from the City Clerk.
[Ord. 7/3/37; 1983 Code Part VI T.9 § 9]
It shall be unlawful to permit any dance in a public dance hall, as herein defined, until such public dance shall have first been duly licensed. The license shall be issued upon the payment of the fees as herein provided, to be paid at the time of issuance of the license. The license shall expire on December 31 of the year in which same has been issued, provided, however, that no license shall be required for dances in public schools, parochial schools or private schools when classes are held under the supervision of the respective school.
[Ord. No. 7/31/37; Ord. No. 1829; Ord. No. 1174 § 5; 1983 Code Part VI T.9 § 10; Ord. No. 2254 § 5, I:10; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
The following fees shall be charged for public dance license fees:
a. 
Any room or place in any building actually and exclusively used in the work of associations and corporations organized exclusively for the moral and mental improvement of men, women and children for religious or charitable purposes, shall pay a license fee of fifty-eight ($58.00) dollars.
b. 
Any room or place which is conducted as a dancing school shall pay the following license fee:
Maximum Enrollment any one day
1 — 25 students
$145.00
26 — 100 students
$163.00
Over 100 students
$260.00
c. 
Any other room or place conducted as public dance shall pay a license fee of one thousand one hundred ($1,100.00) dollars.
[Ord. No. 2254 § II; Ord. No. 02-2553; Ord. No. 06-2740; Ord. No. 10-2895]
A license shall be required to distribute commercial publications which are unsolicited and unsubscribed. The license shall run for a period of July 1 to June 30 for an annual fee of one hundred seventy-three ($173.00) dollars.