[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:
Shall mean equipment within the dispatch office in the City's
Fire Department which indicates the existence of a fire emergency.
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.
Shall mean City of Summit.
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.
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.
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.
Shall mean a commercial or savings bank or trust company,
or a savings and loan association.
Shall mean an individual, partnership, association or corporation.
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:
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.
Which automatically selects a telephone trunk line of the
Fire or Police Department and then reproduces a prerecorded message.
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.
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.
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]
[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:
Shall mean City Administrator of the City of Summit.
Shall mean City Clerk of the City of Summit.
Shall mean Construction Official of the City of Summit.
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.
Shall mean any automatic or electronic amusement game, commonly
known as pinball, video or arcade amusement game or similar device.
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.
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.
[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]
[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:
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.
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.
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.
Shall mean the City of Summit.
Shall mean the promise or grant of any money or property
of any kind or value.
Shall mean any perishable or nonperishable consumable foodstuff
or beverage 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."
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.
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."
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.
Shall mean and include wagons, carts, trailers, motor trucks,
motor vehicles, service dispensers or other types of conveyance.
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.
[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:
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.
[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.
[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.
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.
[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]
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; amended 6-20-2023 by Ord. No. 23-3289]
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 and 4-5.17 of this section provided that a sworn application is filed with the City Clerk or his/her 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 City
Clerk, or his/her 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 shall send the City Clerk a recommendation
for approval. The City Clerk 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 City
Clerk, 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. Charitable solicitors that set up a table
on City property shall prominently display their credentials on such
table.
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 City Clerk, or his/her 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.
Permits
shall be effective for a period of thirty (30) consecutive days. The
charitable organization must reapply for a permit should the activity
extend beyond thirty (30) days.
g.
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.
h.
Charitable organizations desiring to use property owned by the City shall submit a Property Use Application in accordance with Subsection 12-1.2 of the City Code and provide the required insurance and hold harmless agreement. The organization must restore the property to its original condition upon conclusion of the solicitation and clean up all debris, including the dumping of trash receptacles.
[Added 6-20-2023 by Ord. No. 23-3289[1]]
There shall be a fee of $27.00 payable to the City for the processing
of a charitable solicitation permit.
[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]
[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:
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]
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]
[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:
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]
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.
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]
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.
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.
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.
An individual, a sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
[Amended 11-6-2019 by Ord. No. 19-3202]
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.
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.
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.
The towing operator's principal place of business where the
tow vehicle is stationed when not in use.
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:
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:
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:
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:
Shall mean the building whose principal facade fronts on
the sidewalk where the sidewalk cafe is or is proposed to be located.
Shall mean any individual, partnership, corporation, association
or other entity.
Shall mean that portion of the facade of a building which
fronts on a public street.
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]
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.
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.
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).
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:
[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.
[Added 12-20-2022 by Ord.
No. 22-3273]
The City of Summit has established a parklet program following
the multi-year success of its pilot program to convert certain on-street
parking and similar spaces in the public rights-of-way in the Downtown
to seasonal outdoor seating and dining facilities designated for adjacent
restaurant and retail food establishment uses. Al fresco dining has
become increasing popular in New Jersey as opportunities for such
experiences remain in high demand, particularly during the warmer
months of the year from spring to fall. Summit's parklet program is
intended to address this demand for additional outdoor dining options,
specifically where sidewalk cafe space is limited, to create vibrancy
in the Downtown as a placemaking strategy and promote economic development
by allowing qualifying restaurants and retail food establishments
to expand their seating options on a seasonal basis. Similarly, the
program will serve to strengthen the City's regional appeal as a shopping
and dining destination, maintain and attract new businesses and support
surrounding businesses with the resulting increased foot traffic in
the Downtown.
Summit's parklet program requirements set forth in this section are designed to facilitate the installation, maintenance, and operation of safe, efficient, functional, and visually appealing outdoor dining spaces within the City's Downtown rights-of-way. The parklet program is limited to restaurants and retail food establishments in Summit's Central Retail Business District (CRBD), excluding Summit Avenue, as delineated in the map below. Restaurants and retail food establishments shall only be eligible to apply for a parklet facility when it is demonstrated the sidewalk adjacent to the use cannot safely or functionally accommodate a sidewalk cafe. The Summit parklet program is distinct from the City's sidewalk cafe program as regulated in Section 4-20 of the Code of the City of Summit.
|
Map of Approved Parklet Locations
 |
[Added 12-20-2022 by Ord.
No. 22-3273]
The Summit parklet program shall only be available to approved restaurants and retail food establishments as defined in Chapter 35, Development Regulations, Article VII, Terminology, subsection 35-7.2, which do not have adequate space to install a sidewalk cafe in accordance with Section 4-20. Specifically, restaurants and retail food establishments with adjacent public sidewalks that cannot accommodate both an unobstructed pedestrian path minimally four feet in width and sidewalk cafe area minimally four feet in width are eligible to apply for a parklet. Parklet permits will be assigned on a case-by-case basis subject to change on an annual basis. Submission of a parklet permit application does not guarantee approval due to the limited supply of on-street parking in the Downtown. The City reserves the right to limit the number of parklets per block based on available space and the need to maintain public curbside access on each block for safety, loading and other businesses and users.
Parklets open to the public created by public-private partnerships
between the City and private partners shall be permitted to continue
operation in accordance with the terms of those original agreements.
This shall include the seasonal parklet facility located in front
of the building located at 356 Springfield Avenue created from the
City's pilot parklet program. Such public parklet facilities shall
include platforms installed flush with the adjacent curb which shall
be maintained by the immediately adjacent retail food establishments.
[Added 12-20-2022 by Ord.
No. 22-3273]
For the purposes of the City of Summit's parklet program, the
following terms shall have the following meanings:
The nearest restaurant or retail food establishment occupying
the building space which the associated parklet is located immediately
in front of.
Chapter 35 of the City of Summit Code, which establishes the City's land use regulations and procedures.
A specifically delineated curbside space in the public right-of-way
limited to on-street parking spaces and lanes and cartways converted
for seasonal occupation of outdoor dining facilities, which may include
seating, tables, umbrellas, planters, safety barriers, lighting, space
heaters and signs as permitted by the City of Summit to be operated
and occupied for the sole use of the adjacent restaurant or retail
food establishment having received a permit from the City for such
use.
[Added 12-20-2022 by Ord.
No. 22-3273]
a.
Qualifying restaurants and retail food establishments located in
the Central Retail Business District (CRBD) shall be permitted a maximum
of one (1) parklet facility not to exceed two (2) contiguous parking
stalls or equivalent in another approved location within the adjacent
street. This shall not be interpreted to indicate that any parklet
permit application is guaranteed approval. The City reserves the right
to limit the number and size of parklets per block based on the location,
potential interference with pedestrian or vehicular traffic, appropriateness
of design, business record of the applicant as well as safety and
health and welfare considerations.
Restaurants and retail food establishments shall be eligible to apply for a parklet facility only when it is demonstrated the sidewalk adjacent to the use cannot safely or functionally accommodate a sidewalk cafe as regulated in Section 4-20.
b.
Required information:
1.
Parklet applications shall be submitted to the City Clerk on a form
so provided by the City.
2.
Applicant's name, home address, twenty-four-hour telephone number
and email address.
3.
Business name, address, telephone number and email address.
4.
Proof of insurance naming the City of Summit as additional insured.
Minimum insurance requirements are as follows:
|
General aggregate
|
$1,000,000*
|
|
Products and completed operation aggregate
|
$1,000,000*
|
|
Personal and advertising injury
|
$1,000,000*
|
|
Each occurrence
|
$1,000,000*
|
|
Fire damage (any one fire)
|
$50,000
|
|
Medical expense (any one person)
|
$5,000
|
|
Workers' compensation
|
Statutory requirements
|
|
Employer's liability
|
$500,000 (each accident); $500,000 (disease - policy limit);
$500,000 (disease - each employee)
|
|
Liquor liability (when licensee permits the consumption of alcoholic
beverages)
|
$2,000,000
|
|
* $2,000,000 insurance coverage required for establishments
with state-issued liquor license.
|
5.
Indemnification/hold harmless agreement.
6.
Written consent of the adjacent establishment for any parklet that
extends beyond the applicant's street frontage and in front of the
adjacent establishment.
7.
Site map or plan to scale depicting the following information:
(a)
Name and contact information of the person who prepared the
plan;
(b)
Proposed parklet location, dimensions and other objects and
permanent fixtures in the immediate area such as poles, equipment,
fire hydrants, signs, tree wells, planters, striping, stop bars, etc.;
(c)
Locations and quantities of seats and tables;
(d)
Business frontage location and dimensions relative to the proposed
parklet also depicting the sidewalk area in between;
(e)
Locations of all temporary structures, equipment, and amenities;
and
(f)
Demonstration that a straight, minimum four-foot-wide pedestrian
path shall be maintained along the adjacent sidewalk(s).
8.
Photographs from all sides of the proposed parklet area depicting
existing conditions.
9.
Written description and colorized specifications of all proposed
materials, equipment and amenities.
10.
Photographs, renderings and/or conceptual images sufficient to illustrate
the proposed parklet facility in both plan and perspective views.
11.
Details, specifications and locations of any proposed lighting, signage,
umbrellas, barriers, etc.
12.
Detailed specifications of all materials to be used to delineate
the parklet.
13.
A statement of the seating capacity of the proposed parklet and the
existing restaurant or retail food establishment.
c.
Failure to submit the above-required information or any other supplemental
information required by the City shall render an application incomplete
until such time that said information is submitted.
d.
Applicants must submit complete applications by March 1 to be eligible
to open on May 15 of the same year. After the application deadline
of March 1, applications will be accepted on a rolling basis and processed
in the order in which they are received. The City does not guarantee
that any parklet may open on May 15, for those applications received
after March 1.
e.
The City will review and process applications on a case-by-case,
block-by-block basis. Priority will be given to restaurants and retail
food establishments adjacent to sidewalks of relatively narrow widths
that cannot accommodate sidewalk cafe dining facilities.
f.
Applicants shall be responsible for providing any supplemental information
requested by the City for the purposes of demonstrating safety, functionality,
aesthetic quality and compliance with the applicable requirements.
g.
Program requirements, review processes, fees, evaluation criteria
and parklet operator responsibilities may be amended at any time as
deemed necessary by the City.
[Added 12-20-2022 by Ord.
No. 22-3273]
The placement and design of parklet facilities are subject to
review and approval by the Summit Property Use Committee and shall
adhere to the following requirements, which may be waived at the City's
discretion. The City shall also have the discretion to impose additional
requirements or conditions for any particular parklet facility and
to enforce such requirements as may be necessary to promote the goals
and objectives of the City's Master Plan, maintain the functionality
and efficiency of public rights-of-way and ensure public health, safety
and welfare.
a.
Parklet operations.
1.
General requirements.
(a)
No area of the public right-of-way shall be occupied without
prior approval from the City. No parklet shall be installed without
prior approval from the City in accordance with the requirements set
forth in this section. Use of a county road for a parklet facility
is prohibited.
(b)
Permit holders may operate their parklet from May 15 through
October 15 in the calendar year for which the permit is approved.
Permits shall be applied for and renewed on an annual basis. Approvals
are subject to change on an annual basis. Approval for an applicant
who received a parklet permit in the prior year or years is not guaranteed.
(c)
Parklet hours of operation shall be in accordance with the requirements of Chapter 35, Development Regulations Ordinance, of the City Code.
(d)
Cleaning, maintenance, and repair of the parklet and any impacted
adjacent spaces or fixtures are the responsibility of the permit holder.
The City reserves the right to revoke a parklet permit at any time
for failure to properly maintain a parklet facility and issue fines
in accordance with this chapter. The permit holder shall also be responsible
for the cost for the City to maintain, repair or restore said area.
(e)
In the event that a parklet permit is revoked by the City, the
parklet operator shall remove the entirety of the parklet facility
and repair any damage to the right-of-way within 48 hours of the permit
revocation.
(f)
Dining table service provided by the permit holder shall be
permitted at parklets.
(g)
No food or beverages may be prepared in the parklet area or
outside the adjacent building.
(h)
Parklets assigned to any restaurant or retail food establishment
are to be considered an extension of that restaurant or retail food
establishment for the duration of the parklet operation and shall
not otherwise be considered open to the public.
(i)
The City reserves the right to order the temporary suspension
of outdoor dining and the removal of all fixtures associated with
any parklet, at the permit holder's expense, from the public sidewalk
or roadway because of road or utility construction or repairs, severe
weather or any public emergency that may arise.
(k)
Each approved parklet is permitted one (1) sign in accordance
with the following requirements:
(1)
Signs shall be temporary in nature and may be freestanding or
affixed to the exterior of the parklet structure or barrier. Such
signs may only be displayed during the parklet permit approval period.
Any freestanding sign shall be located within the approved parklet
area so as to not impede pedestrian circulation or traffic visibility.
Parklet signs may not be located on the adjacent sidewalk, parking
spaces or roadway.
(2)
Signs shall not exceed six square feet in area.
(3)
Signs shall have a maximum height of 42 inches, measured from
grade.
(4)
Signs shall not be illuminated.
(l)
Soft white or amber string lighting, lamps and other fixed lighting
fixtures are permitted to the extent that they do not generate excessive
or unsafe glare to surrounding uses, vehicles or pedestrian traffic.
Bright white or blue LED lighting is prohibited. Parklet lighting
control shall be at the discretion of the City and may require adjustment
at any time to protect public safety and the general welfare. Flashing,
neon and colored lights are prohibited. Parklet lighting is permitted
1/2-hour prior to the parklet opening and 1/2-hour after parklet close.
(m)
Approved parklet facilities may be installed no more than 48
hours prior to use on May 15 and must be completely removed and any
damage to the City right-of-way or its facilities repaired within
48 hours after October 15, or the removal of the parklet facility,
whichever occurs first.
b.
Placement requirements.
1.
Parklets must be installed in the parking space, parking lane or
other approved location within the right-of-way located directly in
front of the establishment with the parklet permit. Parklets may occupy
areas of the street other than striped parking stalls upon approval
of the Property Use Committee.
2.
Parklets may not extend further than the frontage of the establishment
with the approved parklet permit, unless written consent is provided
by the adjacent establishment in front of which the parklet will extend.
3.
In no case shall a parklet occupy more than two (2) parking stalls
and may be limited to one (1) parking stall.
4.
Parklets are prohibited in public alleyways, parking lots and any
established prohibited parking zones.
5.
Parklets shall be contained within the area of the approved space
and shall not extend into the adjacent travel lane, parking stall
or sidewalk. Parklets shall not be wider than the parking lane. If
no parking lane is striped in the vicinity of an approved parklet,
applicants shall consult with the City Engineer to obtain the official
parking lane width.
6.
Access to utilities shall be maintained in accordance with the following:
(a)
Parklets shall have at least five feet of unobstructed clearance
to utilities, loading zones or handicapped parking spaces.
(b)
Parklets shall be located a minimum of 15 feet from any fire
hydrant.
(c)
Parklets shall be located a minimum of 20 feet from any marked
crosswalk or 30 feet from the block corner at intersections without
a marked crosswalk.
7.
All intrusions beyond the approved parklet area into the public sidewalk
or street are prohibited except as otherwise permitted herein.
8.
Parklet facilities must be located at least 50 feet from residentially
zoned parcels.
9.
A straight unobstructed walkway minimally four feet in width shall
be maintained on all sidewalks and pedestrian walkways adjacent to
parklet facilities.
c.
Design requirements.
1.
Purpose. The Summit parklet design requirements set forth below are
intended to promote the safe and functional use of the City's Downtown
streets. The design requirements are also intended to establish a
minimum baseline to ensure consistency and compatibility with the
developed character of the Downtown while encouraging creativity and
an aesthetically pleasing pedestrian environment in the installation
of each individual parklet.
2.
Access.
(a)
Only the sidewalk-facing side of a parklet shall be open to
pedestrians. All sides facing a street shall be enclosed with an acceptable
barrier or decorative element, as indicated below, approved by the
City.
(b)
Parklet openings shall be placed so as to avoid tree wells,
poles, parking meters, signs and other obstacles that may pose hazards
to pedestrians.
(c)
Parklet decking is not required given the temporary nature of
such facilities. Any parklet decking must be flush with the curb and
may not have more than a 1/2-inch gap from the adjacent curb and shall
be designed to allow for the flow of stormwater.
3.
Barriers. Parklets shall be delineated and surrounded on all sides
facing the adjacent street with temporary bollards, Jersey barriers
or other approved barrier to provide separation and protection from
vehicular traffic to be evaluated on a site-specific basis selected
for safety and aesthetic quality. In appropriate locations, the barrier
requirement may be waived at the discretion of the City where planters,
lattice, railings or other decorative elements may be accepted as
suitable enclosure alternatives. No ropes, stanchions, chains or similar
features may be used to enclose a parklet. Barrier elements shall
be 36 inches to 48 inches in height above the surface of the parklet.
Such features shall not impair driver visibility or sight distances.
4.
Parklet facilities may not be attached or cause damage to streets,
curbs, sidewalks, poles or other existing fixtures in the right-of-way
and shall be easily assembled and disassembled with short notice.
5.
Parklets shall be designed so as to not inhibit the normal flow of
stormwater runoff and drainage.
6.
Shade and rain coverings such as umbrellas and similar "open" coverings,
excluding pop-up canopies (unenclosed on all sides) may be used in
parklets, provided they do not extend into the right-of-way beyond
the approved parklet boundary, reduce vehicular or pedestrian visibility,
are securely anchored against wind and must maintain a minimum clearance
of seven feet above public sidewalks. Parklet facilities with roofed
structures are prohibited. Shade coverings shall not include any advertising.
7.
All parklet features shall be appropriately secured or removed so
as to not be blown away or damaged in inclement weather. Such securing
shall be temporary in nature and shall not be interpreted to permit
drilling, attachment or damage to the street, sidewalk or other features
in the right-of-way.
8.
The numbers of parklet tables and seats shall not be regulated by
this section except that such restaurants and retail food establishments
shall adhere to any applicable law, regulation, executive order or
code requirement that dictates the placement or separation of tables
and chairs. Tables, chairs and other permitted forms of seating shall
be easily removable.
9.
Space heaters may be approved by the Summit Property Use Committee
and Fire Department. Specifications for any proposed heaters shall
be provided for review. No heating or cooling elements shall be installed
prior to City approval for such installations. Space heaters and cooling
equipment shall be properly positioned, maintained and anchored.
10.
Open flames, including from sources such as torches and fire pits,
are prohibited. Tabletop candles shall be permitted.
[Added 12-20-2022 by Ord.
No. 22-3273]
Parklet facilities having received a permit from the City of
Summit may permit the consumption of alcoholic beverages as follows:
a.
A restaurant or 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.
The parklet area upon which an adjacent building use has been authorized
to operate pursuant to this section shall constitute premises duly
licensed for the sale and consumption of alcoholic beverages; provided,
however, that the related restaurant or retail food establishment
of which the parklet is a part and an extension is so licensed, following
a place-to-place transfer pursuant to N.J.A.C. 13:2-7.2(c), and provided
further that specific approval has been obtained from the City Council
for the extension of the alcoholic beverage consumption license to
the parklet area in accordance with the City Code. Such approval shall
be separate from, and must be obtained in addition to, the license
to operate a parklet pursuant to this section.
[Added 12-20-2022 by Ord.
No. 22-3273]
No parklet permit shall be issued unless the applicant shall
have first executed and filed with the City Clerk an indemnification
agreement pursuant to which the permit holder, in further consideration
of the issuance of the permit, shall agree to defend, protect, indemnify
and hold harmless the City, its officers, agents and employees from
and against any and all claims, causes of action, injuries, losses,
damages, expenses, fees and costs arising out of or which may arise
out of the permit holder's operation of such parklet.
[Added 12-20-2022 by Ord.
No. 22-3273]
The table below provides the parklet program fees, which include
a fee for administrative review and permitting.
All application and permit fees are to be assessed on an annual
basis and will not be prorated. Application fees are nonrefundable.
Permit fees collected for any parklet permit application that is denied
shall be returned to the applicant.
|
Fee Purpose
|
Fee
|
Time of Payment
|
|---|---|---|
|
Application fee
|
$250
|
Submission of permit application
|
|
Permit fee per parking space
|
$2,500
|
Pre-installation/annual
|
|
Permit fee per right-of-way occupancy where there is no parking
space
|
$11/ft2
|
Pre-installation/annual
|
|
Liquor license (per parking space)
|
$250
|
Pre-installation/annual
|
[Added 12-20-2022 by Ord.
No. 22-3273]
a.
Any person convicted of a violation of any of the provisions of this
section shall be subject to a fine not to exceed $1,000. Each violation
of a subsection or paragraph of this section, and each day that a
violation continues, shall constitute a separate offense.
[Added 12-20-2022 by Ord.
No. 22-3273]
Any person aggrieved by any action of the City Clerk, in the
revocation of a parklet permit, 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 permit holder, or mailed, postage
prepaid, to the permit holder at the address given by the permit holder
in making application, 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.
|
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:
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.
Means and includes any individual, copartnership, association,
corporation or joint stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
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]
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:
[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.
[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:
Means the driver of any 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.
Means and includes the business of carrying passengers for
hire by limousines.
Means and includes any individual, copartnership, association,
corporation or joint stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
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.
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:
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:
[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.
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]
[Ord. 7/6/37; 1983 Code Part VI T.9 § 1]
As used in this section:
Shall not apply to exhibitions or performance in which the
persons paying for admission do not participate.
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.
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.
