[Ord. No. 604 § 1; Ord. No. 831]
The purpose of this section is to encourage proper use and maintenance
of various types of intrusion, burglar, fire and other emergency alarm
equipment which produce a visual or audible signal or function by
direct line, radio or telephone to a central control point which require
a response by the Department of Police, Fire Service or other municipal
agencies, in order to reduce unnecessary response to false alarms.
The Mayor and Council find that false alarms are not only a public
nuisance but also a threat to public safety by diverting limited police,
fire and emergency resources from legitimate requests for assistance
and other responsibilities to the public.
[Ord. No. 604 § 2; Ord. No. 831]
The provisions of this section shall apply to any person who
operates, maintains or owns any private alarm system.
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any alarm or signal of an alarm actuated by inadvertent,
negligent, intentional or unintentional act of a person other than
an intruder calling the Municipal Police, Fire, or other emergency
response agencies to a location where no emergency exists or reasonably
appears to have existed; and including, but not limited to alarms
caused by mechanical failure, malfunction or improper installation
of the alarm system and related equipment.
Shall mean any natural person or individual or any firm,
partnership, association, limited partnership, sole proprietorship,
corporation or any other for profit or not for profit entity.
Shall mean equipment or a device, or an assembly of equipment
and devices connected by telephonic, radio or other means of transmission
to a central monitoring point (including but not limited to, the Municipal
Police and Fire Departments and private monitoring agencies), to signal
the presence of an emergency or hazard requiring urgent attention
and to which the Police Department, Fire Department or other municipal
agency may be expected to respond.
Shall mean any person who owns or controls the use of property
in which an alarm system is installed.
Shall mean notice by certified mail, return receipt requested.
[Ord. No. 604 § 3; Ord. No. 831]
a.
No person shall install, operate or maintain any alarm system unless
the system has been registered with and approved by the Chief of Police
for intrusion alarms and fire alarm devices. No permit shall be issued
prior to a satisfactory inspection of the alarm system. The fee for
such registration and permit shall be seventy-five ($75.00) dollars,
payable to the Borough of Peapack and Gladstone. Persons who have
already registered an alarm system pursuant to Ordinance Number 604
need not pay this fee.[1]
[1]
Editor's Note: Ordinance No. 604 codified herein and
amended in its entirety by Ordinance No. 831 provided for the registration
of alarm systems.
b.
All alarms shall be registered with the Chief of Police on a form
which shall include: the name, type, location and description of the
alarm system; the name, address and twenty-four (24) hour telephone
number of the alarm installer or person responsible for its maintenance;
a list of persons to be contacted in the event of an alarm; the person
responsible to remit any fees or fines assessed under this section
and all other information as may be required by the Chief of Police.
c.
It shall be the duty of each proprietor to notify the Chief of Police
of any change in the registration information within seven (7) business
days of such change. By installing an alarm system and registering
same with the Borough, each proprietor agrees to indemnify and hold
harmless the Borough of Peapack and Gladstone, its agents, servants
and employees from any and all liability or damages in any way resulting
from or arising out of or connected with the installation, operation
or maintenance of the alarm system or any act or omission connected
with the installation, operation or maintenance of the alarm system.
d.
Failure to comply with the registration requirements of paragraphs
a, b and/or c is a violation of this section and shall subject the
proprietor to a fine of fifty ($50.00) dollars for each offense in
addition to payment of the initial registration fee for violation
of paragraph a.
e.
The issuance of a permit pursuant to this subsection shall not relieve
any person from the requirements of the State Uniform Construction
Code Act and regulations promulgated thereunto for a permit under
the Electrical Subcode and/or Fire Protection Subcode to install,
alter or repair a private alarm system.
[Ord. No. 604 § 4; Ord. No. 643; Ord. No.
831]
a.
Penalties All false alarms shall be reported to the Chief of Police
who shall keep a record of false alarms on file and provide upon receipt
of notice of a false alarm written notice to the proprietor advising
of the requirements of this subsection for subsequent false alarms.
b.
In the event of three (3) false fire alarms or three (3) false intrusion alarms in a twelve (12) month period, the proprietor shall be in violation of this section and shall be subject to the penalties established in Chapter 1, Section 5 of the Code of the Borough of Peapack and Gladstone; however, the minimum penalty for a violation hereof shall be one hundred ($100.00) dollars.
c.
Upon a change of ownership a prior violation will not be imputed
to a subsequent proprietor.
[Ord. No. 604 § 5; Ord. No. 831]
[Ord. No. 604 § 6;
New; Ord. No. 831]
Any person testing an alarm system covered by the provisions of this section shall notify Police Headquarters immediately prior to and immediately after the testing is completed. Failure to do so shall constitute a violation of this section and that person shall be liable to the penalty as stated in Chapter 1, Section 1-5 of the Code of the Borough of Peapack and Gladstone.
a.
Every proprietor shall, by acceptance of a permit, be deemed to have
consented to inspection of the premises on which the alarm devices
are located at reasonable hours by the Chief of Police and/or Fire
Chief or their designated representatives.
b.
The Chief of Police and the Fire Chief shall cooperate in all respects
in connection with the administration of this section.
c.
In the event that any person subject to the provisions of this section is directed by the Chief of Police to correct a defect in an alarm system and fails to comply with such directive, shall be in violation of this chapter and shall be subject to the penalties established in Chapter 1, Section 5 of the Code of the Borough of Peapack and Gladstone; however, the minimum penalty shall be one hundred ($100.00) dollars.
d.
Any new private alarm system, other than fire alarm systems, possessing
an audible signal shall have built into its mechanism a device that
shall automatically shut off the audible signal within ten (10) minutes.
[Ord. No. 604 § 7; Ord. No. 831]
[Ord. No. 604 § 8; Ord. No. 831]
The Chief of Police in consultation with the Fire Chief and
Fire Inspector, may from time to time recommend rules and regulations
in furtherance of the administration of this section. The rules and
regulations shall become effective upon approval by resolution of
the Borough Council.
[Ord. No. 604 § 9; Ord. No. 831]
Any person intentionally, willfully or maliciously destroying a private alarm system or intentionally, willfully or maliciously interfering with the operation of same or any part thereof or who hinders or impedes any of operations intended to be accomplished thereby or who intentionally causes or assists in causing a false alarm or an emergency to be given in any manner may, upon conviction thereof, be in violation of this Chapter and shall be subject to the penalties established in Chapter 1, Section 5 of the Code of the Borough of Peapack and Gladstone.
[Ord. No. 905 § 1]
The Municipal Clerk is hereby delegated the authority to act
as the "issuing authority" to approve the granting of raffle and bingo
licenses.
[Ord. No. 411 § 1]
It shall be unlawful for any peddler, hawker, vendor, canvasser,
solicitor, junk dealer, transient merchant, traveling show, circus,
carnival, or person or group promoting or holding a public dance or
public auction sale, as hereinafter defined, to engage in such activity
within the Borough of Peapack and Gladstone without first obtaining
a license therefor in accordance with the provisions of this section.
When used in this section, the following terms shall have the
following meanings:
Shall mean a person who goes from place to place, house to
house, or person to person, selling or taking orders for or offering
to sell or take orders for goods, wares, merchandise or any article
for future delivery or for services to be performed in the future
or for the making, manufacturing or repairing of any article or thing
whatsoever for future delivery.
Shall mean a competition involving the showing of dogs which
is open to the public upon payment of an entry fee.
Shall mean an occasional sale of household goods or merchandise,
arts and crafts or other wares by a Borough resident on property owned
or leased by the resident.
Shall mean any person, whether a resident of the Borough
or not, who goes from place to place by traveling on the streets,
or from house to house, and carries with him goods, wares or merchandise
of any description for the purpose of selling and delivering them
to purchasers.
Shall mean a competition involving the riding or showing
of horses which is open to the public upon payment of an entry fee.
Shall mean any individual, firm, partnership, corporation,
voluntary association, incorporated association and any principal
or agent thereof.
Shall mean any sale of tangible personality where such property
is exposed for sale to the highest bidder from the public at large,
by way of examples and not by way of limitation, any sale controlled
by the provisions of N.J.S.A. 12A:2-328, except that any sale made
by an existing and permanent auction house is excluded from this definition.
Shall mean an entertainment primarily for the purpose of
dancing to music, open to the public with or without admission fee
where the rules for admission are not based upon personal selection
or invitation.
Shall mean a group of persons who perform or act together
and their performance is open to the public.
Shall mean a person commonly referred to either as a transient
merchant or itinerant vendor who engages temporarily in business in
this municipality by occupying a room, building, tent, lot or other
premises including a motor vehicle for the purpose of selling goods,
wares and merchandise.
Shall mean a person who engages in business in the manner
defined by the preceding paragraph and in pursuance thereof becomes
a peddler or hawker, or hires a peddler or hawker, as hereinabove
described.
[Ord. No. 411 § 2;
New]
Every application for a license under this section shall file
for a fee with the Borough Clerk a sworn written application on a
form provided by the Borough which shall contain the following information:
a.
Full name and address of applicant and all persons working with or
for the applicant in the Borough.
b.
Description of the applicant.
c.
Name and address of the firm represented by the applicant, together
with credentials establishing exact relationship with the firm.
d.
A brief description of the nature of the business and the goods to
be sold.
e.
If a vehicle is to be used, a description of same, together with
the goods to be sold.
f.
A statement as to whether or not the applicant has ever been convicted
of any crime and the nature of the offense.
g.
A statement as to whether or not the applicant has ever filed for
bankruptcy, has any outstanding judgments against him or her or any
business in which the applicant was a principal, has ever been barred
from doing business in any jurisdiction or has been the subject of
complaints filed with any Better Business Bureau.
h.
A copy of a current certificate of authority to collect sales tax
issued by the State of New Jersey.
[Ord. 411 § 3; New]
[Ord. No. 411 § 4;
New; Ord. No. 866]
All licenses issued pursuant to this section shall be valid
during the dates for which they are issued. All licensees shall limit
their daily licensed activities between the hours of 8:00 a.m. and
7:00 p.m. prevailing time, unless otherwise set forth on the license.
The time restrictions set forth herein shall not apply to the holders
of special permits pursuant to paragraph 5-3.11c or persons or organizations
which are exempt under paragraph d. Persons or organizations which
fall within these categories shall limit their activities to between
8:00 a.m. and 9:00 p.m. prevailing time.
[Ord. No. 411 § 5]
No license issued under the provisions of this section shall
be used at any time by any person other than the one to whom it was
issued.
[Ord. No. 411 § 6]
The equipment used or employed by peddlers, hawkers and vendors
of ice cream, goods, beverages, confections and other related commodities
shall be maintained in a clean and sanitary manner and be subject
to the inspection of the Board of Health or its authorized agent.
a.
No licensee shall have any exclusive right to any one (1) place upon
any sidewalk, or any street, and shall not be permitted to operate
in any congested area where his operation might impede or inconvenience
the public or place the public or licensee at risk. For the purpose
of this section, the judgment of a law-enforcement officer exercised
in good faith shall be deemed conclusive as to whether the area where
a licensee is operating is a congested area where his operation might
impede or inconvenience the public or place the public or licensee
at risk.
b.
The Borough of Peapack and Gladstone reserves the right to suspend
the issuance of new licenses or to suspend the operation of existing
licenses on a temporary basis, by resolution of the Mayor and Council,
in order to protect the public safety, health or welfare, during community
events in which the streets and other public places are congested,
or needed for Borough use, or in similar circumstances.
[Ord. No. 411 § 7; Ord. No. 866]
a.
When the application is properly filled out and signed by the applicant,
the original and one (1) copy shall be filed with the Borough Clerk.
The Borough Clerk shall forward the copy thereof to the Chief of Police
who shall cause to be made within fifteen (15) business days an investigation
of the applicant's business responsibility and character as he
deems necessary for the protection of the public welfare. In making
this investigation, the Chief of Police may use the available facilities
of local or neighboring Chambers of Commerce and Better Business Bureaus.
A report of such investigation shall be forwarded to the Borough Clerk
and become a part of the application within five (5) days from receipt
by the Chief of Police of the application.
b.
If, as a result of the above reports, the character or business responsibility
is found to be unsatisfactory, the Chief of Police shall endorse on
such application his disapproval and his reasons therefor and return
the application to the Borough Clerk. Any determination by the Chief
of Police that an application is unsatisfactory shall be based on
one (1) or more of the following findings with respect to the applicant:
c.
In the absence of any such findings, the Chief of Police shall find
the application satisfactory and shall endorse his approval on the
application and return the application to the Borough Clerk.
[Ord. No. 411 § 8]
a.
If an application is found unsatisfactory by the Chief of Police
and he endorses his disapproval upon the application, the Borough
Clerk shall notify the applicant by certified mail that the application
is disapproved and shall deny the application any license.
b.
If an application is found satisfactory by the Chief of Police, the
Borough Clerk shall issue a license addressed to the applicant to
conduct the business applied for. Such license shall contain the signature
of the issuing officer and show the name and address of the applicant,
the type of business (peddler, solicitor, transient merchant) the
applicant has registered for, the kind of goods or services to be
sold thereunder, the date of issue, the length of time the license
shall be operative and the license number and other identifying description
of any vehicle to be used. A permanent record of all licenses issued
shall be kept by the Borough Clerk.
[Ord. No. 411 § 9]
[Ord. No. 411 § 10]
Each vehicle to be used shall display a license tag bearing
the words "License valid until, Borough of Peapack and Gladstone."
The license tags shall be attached to the vehicle used by the licensee.
All licenses issued to individuals must be exhibited to any citizen
requesting to see the same. In addition to the license requirements
as provided herein, each person when canvassing or soliciting must
have prominently displayed upon his person a badge bearing the words
"License valid until, Borough of Peapack and Gladstone." Badges shall
be supplied by the Borough Clerk upon the deposit by the licensee
of the sum of five ($5.00) dollars for each such badge, which sum
shall be refunded to the depositor when the badge is returned.
a.
This section shall not be construed to include the selling of any
article at wholesale to dealers in such articles or the delivery of
milk, eggs, bread, newspapers or such other necessary and perishable
articles of food or merchandise of a type commonly delivered on a
house-to-house basis at intervals of one (1) week or less, nor the
selling of products actually grown by the seller, but the foregoing
shall be subject to applicable Board of Health ordinances and all
other ordinances of the Borough.
b.
Any veteran who holds a special license issued under the laws of
the State of New Jersey shall be exempt from the fee provisions of
this section, but shall be required to comply with all other applicable
subsections of this section.
c.
Any nonprofit, religious, charitable, civic or veterans' organizations,
service club, volunteer fire or first-aid company desiring to solicit,
or have solicited in its name, money, donations or financial assistance
of any kind, or desiring to sell or distribute any item of literature
for which a fee is charged, shall be exempt from the provisions of
this section, provided there is filed a sworn application in writing
with the Borough Clerk for a special permit.
1.
Name and address of the organization and the individuals who will
be acting on its behalf.
2.
Purpose for which the special permit is requested.
3.
Names and addresses of the officers and directors of the organization.
4.
Period during which solicitation is to be carried on.
5.
Proof that the organization has qualified with the Internal Revenue
Service pursuant to Section 501(c)(3) of the Internal Revenue Code
relating to Charitable Organizations or otherwise prove that it is
a bona fide charitable organization.
Upon being satisfied that such person, organization or association
is bona fide, the Borough Clerk shall issue a special permit without
charge for a specified period of time.
d.
Any other class of solicitations exempt by State or Federal Law,
including, but not limited to, political and public interest organizations,
their members, and other persons exercising their First Amendment
rights.
e.
Borough of Peapack and Gladstone residents conducting garage or yard sales on their own premises are exempted from the formal application requirements of subsection 5-3.3 and may be issued a license by the Borough Clerk upon showing proper identification and tendering the appropriate fee.
[Ord. No. 411 § 11;
New; Ord. No. 866]
Licenses issued under this section may be revoked by the Borough
Clerk after a written three (3) day notice for any of the following
causes:
a.
Misrepresentation or false statement contained in the application.
b.
Misrepresentation or false statement made in the course of carrying
on the activities regulated herein.
c.
Conviction of any crime involving moral turpitude.
d.
Conducting the licensed business in an unlawful manner, in violation
of this section or in such a manner as to cause a breach of peace,
or to constitute a menace to the health, safety or general welfare
of the public.
e.
Failure to fully comply with the laws of the Federal, State, County
or local municipal government.
[Ord. No. 411 § 12]
[Ord. No. 411 § 13;
New]
Any person to whom a license has been refused or whose license
has been revoked shall have the right of appeal to the Borough Council
by requesting a hearing in writing to the Borough Clerk within ten
(10) days of such refusal or revocation. The Borough Council shall
hold a hearing within ten (10) calendar days after receipt of the
request, or at its next regularly scheduled meeting whichever is later.
At the conclusion of the hearing, the Borough Council shall affirm
the action taken by the Borough Clerk or order the Borough Clerk to
issue a license or to set aside the revoked license and reinstate
the same. The decision of the Borough Council on such appeal shall
be final and conclusive.
[Ord. No. 411 § 14;
New]
Any person violating any of the provisions of this section,
whether as principal, agent or employee or another, shall, upon conviction,
be punishable by one (1) or more of the following: imprisonment in
the County jail for a term not exceeding ninety (90) days; or by a
fine not exceeding one thousand ($1,000.00) dollars or by a period
of community service not exceeding ninety (90) days.
[Ord. No. 411 § 16;
New]
The following licensing fee shall be paid upon issuance of a
license:
|
Hawkers
|
$15.00 per week
|
|
Peddlers
|
$15.00 per week
|
|
Transient Merchants
|
$15.00 per week
|
|
Transient Merchant Peddlers
|
$15.00 per week
|
|
Canvassers
|
$15.00 per week
|
|
Solicitors
|
$15.00 per week
|
|
Public Dance Promoters
|
$50.00 per 24-hour period
|
|
Theater Group
|
$25.00 per 24-hour period
|
|
Public Auction Sales
|
$25.00 per 24-hour period
|
|
Horse Shows
|
$20.00 per 24-hour period
|
|
Dog Shows
|
$20.00 per 24-hour period
|
|
Basement Sales
|
$10.00 per 24-hour period
|
|
Garage Sales
|
$10.00 per 24-hour period
|
|
Other occasional sales or activities
|
$25.00 per 24-hour period
|
[1]
Editor's Note: Former Section 5-4, Fees to be Charged
by the Board of Health, previously codified herein was repealed by
Ordinance No. 767. For Board of Health fees and regulations see the
Revised General Ordinances of the Board of Health which may be found
at the end of this book.
As used in this section, the following terms shall have the
meanings indicated:
Shall mean private property towing and other non-consensual
towing as defined in this section and other ancillary services that
include the following: arriving at the site from which a motor vehicle
will be towed; fifteen (15) minutes waiting time; hooking a motor
vehicle to, or loading a motor vehicle onto, a tow truck; transporting
a motor vehicle to a storage facility; unhooking or unloading a motor
vehicle from the tow truck; and situating the motor vehicle in the
space in which it will be stored. "Basic tow" also includes issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; issuing an itemized bill;
three (3) trips to the motor vehicle in storage, which, if applicable,
include making a vehicle available to an insurance appraiser or adjuster;
issuing documents for the release of a motor vehicle to its owner
or other person authorized to take the motor vehicle; and retrieving
a motor vehicle from storage during the hours in which the storage
facility is open.
Shall mean the Borough of Peapack and Gladstone, Somerset
County, New Jersey.
Shall mean the business office of the towing operator where
the towing operator shall conduct business associated with the towing
and storage of vehicles.
Shall mean the Chief of the Peapack and Gladstone Borough
Police Department or his/her designee.
Shall mean releasing a motor vehicle to its owner or operator
when the motor vehicle has been, or is about to be, hooked to or lifted
by a tow truck, but prior to the motor vehicle actually having been
moved or removed from the property.
Shall include 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.
Shall mean the towing of a motor vehicle without the consent
of the owner or operator of the vehicle. "Non-consensual towing" includes
towing a motor vehicle when law enforcement orders the vehicle to
be towed whether or not the owner or operator consents.
Shall mean an individual, a sole proprietorship, partnership,
corporation, limited liability company or any other business entity.
Means a storage facility that is either completely indoors
or is surrounded by a fence, wall or other manmade barrier that is
at least six (6') feet high and is lighted from dusk to dawn.
Means a space at which motor vehicles that have been towed
are stored by the towing operator.
Shall mean the moving or removing from public or private
property or from a storage facility by a motor vehicle of a consumer's
motor vehicle that is damaged as a result of a crash 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. Dues or other charges of clubs or associations which
provide towing services to club or association members shall not be
considered a service charge for purposes of this definition.
Shall mean the list maintained by the Borough Police Department
containing the names of those actively registered towing operators
whom have contracted with the Borough to provide municipal towing
services for the Borough.
Shall mean any person in the business of, or offering the
services of a towing service whereby motor vehicles are or may be
towed or otherwise removed from one place to another by the use of
a motor vehicle adapted to and designated for that purpose.
Shall mean any device in, upon or by which a person or property
is or may be transported upon a highway.
[Ord. No. 994]
[Ord. No. 994]
It is the purpose of this section to establish a nondiscriminatory
method of rotating calls between all registered operators requesting
to provide municipal towing services at the request of, on behalf
of, or for the Borough or its Police Department.
a.
Any towing operator desiring to provide municipal towing services
for the Borough must file an application with the Borough, meeting
the requirements of this section; and obtain a license from the Borough
for such services.
b.
The Borough shall issue a license to those towing operators who filed
applications with the Borough and desire to provide municipal towing
services for the Borough. The license shall provide for an annual
review of the towing operator's services and compliance with
this section. The license shall prohibit subcontracting or transfer
by the towing operator.
c.
The license shall be issued for a period of three (3) years. At the
expiration of the three-year term, in order to continue to provide
municipal towing services for the Borough, the towing operator shall
file a new application, with the required submissions, and obtain
a new license from the Borough.
d.
Applications may be submitted to the Borough, and licenses may be
awarded by the Borough at any time. The license shall not be exclusive,
with the Borough being able to award licenses to multiple towing operators
at any time.
e.
The Borough shall have the sole discretion to deny a license to any
towing operator failing to file the requisite application or to meet
the requirements of this section. All applications for a license for
the provision of municipal towing services filed with the Borough
shall be granted or denied by the Borough Council, based upon the
recommendation of Police Chief, upon review of same.
[Ord. No. 994]
a.
No person shall be eligible to provide municipal towing services
for the Borough until it submits an application with the Borough.
b.
An application for municipal towing shall be made in writing to the
Borough Clerk, in the form prescribed by the Borough Clerk, and shall
be accompanied by a fee of three hundred ($300.00) dollars.
c.
The applicant shall state the complete street address of the location or locations from which the business of towing shall be conducted, indicating which its principal location is and which is its storage facilities, which shall meet the requirements of subsection 5-5.11 of this section. The applicant shall provide a copy of a valid Certificate of Occupancy for the storage facility for automobile related uses.
d.
The applicant shall identify and provide a description of its towing vehicles, including vehicle registration number, weight, number of wheels and purpose, with which the applicant intends to provide towing services; and which shall meet the requirements of subsection 5-5.5 of this section. The applicant shall provide copies of the equipment manufacturer's specification for each piece of equipment.
e.
The applicant shall provide the name, address and driver's license
number of the applicant and all employees of the applicant. All drivers
for the applicant shall be at least eighteen (18) years of age and
possess a valid driver's license for the operation of the towing
equipment.
f.
The applicant shall authorize or supply to the satisfaction of the
Borough Clerk, a criminal background check of the applicant and all
of its employees performing services, including the obtainment of
a driver's abstract. The costs associated with obtaining the
criminal background checks shall be the responsibility of the applicant,
which cost shall be related to the applicant by the Borough during
the review of the application, and payment shall be made through the
Borough prior to the award of a contract.
g.
The application shall include a valid original certificate of insurance from an insurer authorized to do business in the State, at the minimum amounts set forth in subsection 5-5.8 of this section.
h.
The applicant shall disclose whether the applicant, or any of its employees or agents, is subject to any of the disqualifications specified in subsection 5-5.6 of this section.
i.
The applicant shall provide written proof of a minimum of three (3)
years towing experience. If such experience involved the provision
of towing services for the State of New Jersey, or any county or municipality
thereof, proof of such experience shall include documentary evidence
of same, and include, without limitation, a sample of the towing records
of the services provided for such public entity, consisting of the
date, time, location and type of tow service provided, the towing
and storage fees charged for such tow service, and final bill issued
for such tow service.
j.
The applicant shall provide a minimum of three (3) references of
the applicant's towing experience.
k.
The applicant shall provide copies of all certifications for its
employees as follows:
1.
Each "light duty" driver must obtain a certification for such operation
from a nationally recognized organization.
2.
Each "heavy duty" driver must obtain a certification for such operation
from a nationally recognized organization.
3.
Each "recovery supervisor" must obtain a certification for such operation
from a nationally recognized organization.
l.
The applicant shall furnish any additional information concerning
the personnel, vehicles, equipment and storage facilities of the applicant
as may be required by the Borough Clerk or Chief of the Borough Police
Department during the review of the application.
m.
If any of the information required in the application changes or
if the Borough requires additional information, the applicant shall
provide that information to the Borough Clerk, in writing, within
thirty (30) calendar days of the change or request. Any application
to add an additional driver during the contract term shall be accompanied
by a fee of twenty-five ($25.00) dollars, exclusive of the costs associated
with any necessary background checks.
n.
The applicant shall provide a certified statement of the willingness
of the towing operator to be available on a 24-hour, seven (7) day
per week basis, and to abide by the instructions and directions of
the Chief of Police, his subordinates, and the provisions of this
section.
a.
Any towing operator providing municipal towing services shall have
a minimum of four (4) vehicles which meet the minimum standards set
forth below:
1.
At least one light duty wrecker with a minimum chassis rating of
15,000 pounds gross vehicle weight, equipped with a hydraulic boom
rated for 8,000 pounds, equipped with a hydraulic wheel-lift with
3,000 pounds lift capacity, and equipped with dual hydraulic winches
with each having an 8,000 pound capacity, with each winch equipped
with 100 feet of 3/8 inch wire rope.
2.
At least two flatbed type wreckers with a minimum chassis rating
of 25,500 pounds gross vehicle weight, equipped with a minimum 21-foot
bed, and equipped with a hydraulic wheel-lift with 3,000 pounds lift
capacity.
3.
In addition to foregoing requirements, the towing operator must own
a heavy duty wrecker with a minimum chassis rating of 33,000 pounds
gross vehicle weight, as well as have a gross vehicle weight registered
of 80,000 pounds, equipped with a hydraulic boom rated for a minimum
of 35 tons, equipped with a hydraulic under-reach with a minimum 45,000
pounds lift capacity, dual hydraulic winches, and have tandem rear
axels.
4.
All vehicles must be equipped with two-way radios or cellular phones,
cab-mounted amber emergency warning lights (conforming to New Jersey
Motor Vehicle law standards and all light permits being obtained),
tow sling type bars with rubber straps and/or wheel lift capability
with safety straps to prevent damage to towed vehicles, and with steering
locks for towing vehicles from the rear.
[Ord. No. 994]
a.
The Borough may suspend or revoke any license for municipal towing
services upon the recommendation of the Chief of the Borough Police
Department, or upon other proof that the towing operator, or any of
its employees or agents:
1.
Has obtained a registration through fraud, deception or misrepresentation;
2.
Has engaged in the use or employment of dishonesty, fraud, deception,
misrepresentation, false promise or false pretense;
3.
Has engaged in gross negligence or gross incompetence;
4.
Has engaged in repeated acts of negligence or incompetence;
5.
Has had a towing operation registration or license revoked or suspended
by any other state, agency or authority for reasons consistent with
this section;
6.
Has violated or failed to comply on more than three occasions with
the schedule of tariff or fee regulations herein; or
7.
Has been convicted of:
(b)
Motor vehicle theft or any crime involving a motor vehicle under Chapter 20 of Title 2C of the New Jersey Statutes; or
(c)
Any other crime under Title 2C of the New Jersey Statutes relating
adversely to the performance of towing services or the storage of
motor vehicles as determined by the Chief of the Borough Police Department.
b.
A final refusal to register, or the suspension or revocation of a
registration by the Borough shall not be made except upon reasonable
notice to the applicant, and an opportunity for the applicant to be
heard by the Borough Council.
[Ord. No. 994]
[Ord. No. 994]
The Chief of Police is hereby authorized to establish a system
of rotation for the assignment of contracted towing operators to provide
municipal towing services required pursuant to this section. The rotation
system shall be established on a nondiscriminatory and nonexclusionary
basis. Only towing operators with executed contracts with the Borough
shall be assigned to the rotation list. A towing operator shall be
added to the rotation list at any time upon entering into a contract
with the Borough pursuant to this section. All new contracted towing
operators shall be assigned to the rotation list at the bottom of
such list. The rotation list shall be composed so as to permit a reasonable
rotation of contracted towing operators. If the towing operator currently
on-call under the rotation list cannot respond and provide the required
municipal towing service, the Borough shall move to the next towing
operator on the rotation list. If no towing operator on the rotation
list is able to respond and provide the required municipal towing
service, the Chief of Police may deviate from the rotation list and
arrange for another towing operator to provide such service.
Notwithstanding the above rotation list, in the interests of
public safety, the Chief of Police, in his/her discretion, taking
into account the emergency, safety and location of the situation,
may part from the rotation list and call for the closest available
towing operator to respond.
In addition to the insurance requirements set forth in N.J.A.C.
45A-31.3, as may be amended from time to time, all towing operators
providing municipal towing services must maintain the following insurance
policies, naming the Borough as an additional insured:
a.
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is up to twenty-six thousand (26,000) pounds, for the
death of, or injury to, persons and damage to property for each accident
or occurrence in the amount of seven hundred fifty thousand ($750,000.00)
dollars single limit; and
b.
Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is more than twenty-six thousand (26,000) pounds, for
the death of, or injury to, persons and damage to property for each
accident or occurrence in the amount of one million ($1,000,000.00)
dollars, single limit.
c.
Garagekeeper's Policy. A garagekeeper's liability policy
in the minimum amount of one hundred thousand ($100,000.00) dollars,
and "on-hook" coverage, for each vehicle damaged on a separate claim.
d.
Garage Liability Policy. A garage liability policy covering applicant's
business, equipment and vehicles in the minimum amount of five hundred
thousand ($500,000.00) dollars for any one person injured or killed,
and a minimum of one million ($1,000,000.00) dollars for more than
one person killed or injured in any accident and an additional one
hundred thousand ($100,000.00) dollars for any damage arising from
injury or destruction to property, and/or a combined single limit
of one million ($1,000,000.00) dollars. In addition to each policy
containing an endorsement showing the Borough as an additional insured,
such policy shall also provide an endorsement entitling the Borough
to thirty (30) days' prior written notice to the Chief of Police
in the event of any change in coverage under the policy, or in the
event of the cancellation of the policy.
e.
Worker's Compensation Policy. A worker's compensation policy
covering all of applicant's employees and operators, containing
statutory coverage including liability coverage of at least five hundred
thousand ($500,000.00) dollars for each accident per person, five
hundred thousand ($500,000.00) dollars policy aggregate limit per
disease, and five hundred thousand ($500,000.00) dollars for each
disease per person.
f.
Umbrella liability insurance policy in the amount of five million
($5,000,000.00) dollars.
[Ord. No. 994]
[Ord. No. 994]
Any contract entered into by the Borough with a registered towing
operator pursuant to this section shall include a provision whereupon
the registered towing operator assumes all liability and shall indemnify
and save the Borough, its committees, boards, departments, agents,
and employees, harmless from damages or losses sustained by vehicles
while being towed, stored or released from towing operator's
possession, and from all personal injuries and property damage occurring
to any persons, or property, as a result of the performance of the
towing operator's services, including, but not limited to, towing,
storage, or other such activities relating to the municipal towing
services. All responsibility for the release of a stored vehicle shall
be on towing operator only.
a.
A towing operator may only charge a fee for those towing and storage
services set forth as follows, plus the cost of any materials, parts
or fuel, unless otherwise provided for in N.J.A.C. 13:45A-31.4, which
fees shall be reviewed by the Borough from time to time:
|
Service Provided
| ||
|---|---|---|
|
Basic Tow Fee
|
Fees (Not to Exceed)
Day
|
Fees (Not to Exceed)
Night/Weekend/Holiday
|
|
Light Duty Rate (less than 10,000 G.V.W.)
|
Tow - $95.00
(Flat Rate Per Tow)
Recovery - $150.00
(Per Hour, Per Tow)
|
Tow - $95.00
(Flat Rate Per Tow)
Recovery - 150.00
(Per Hour, Per Tow)
|
|
Medium Duty Rate (10,000 to 32,000 G.V.W.)
|
Tow - $150.00
Recovery - $250.00
(Per Hour, Per Truck)
|
Tow - $150.00
Recovery - $250.00
(Per Hour, Per Truck)
|
|
Heavy Duty Rate (greater then 32,000 G.V.W.)
|
Tow - $400.00
Recovery - $450.00
(Per Hour, Per Truck)
|
Tow - $450.00
Recovery - $500.00
(Per Hour, Per Truck)
|
|
Storage
|
Fees (Not to Exceed)
Outside
|
Fees (Not to Exceed)
Inside
|
|---|---|---|
|
Light Duty
|
$35.00 per day
|
$50.00 per day
|
|
Medium Duty
|
$75.00 per day
|
$100.00 per day
|
|
Heavy Duty
|
$100.00 per day
|
$200.00 per day
|
|
Mileage
|
$4.00 per mile from scene or site of tow
| |
|
Road Service
|
$75.00 per call
| |
|
Decoupling Fee
|
$25.00 per call
| |
|
Clean-up Labor Charge
|
$20.00 per hour
| |
b.
A towing operator may not charge a service fee for towing and storage
services, which are ancillary to and shall be included as part of
basic towing services, and is not included in the schedule approved
by the Borough.
c.
A towing operator must accept all forms of payment, such as a debit
card, charge card or credit card, for payment in lieu of cash for
towing or storage services if the operator ordinarily accepts such
payment at his place of business.
d.
A towing operator that engages in private property towing or other
non-consensual towing shall calculate storage fees based upon full
24-hour periods a motor vehicle is in the storage facility. For example,
if a motor vehicle is towed to a storage facility at 7:00 p.m. on
one day and the owner of the motor vehicle picks up the motor vehicle
on or before 7:00 p.m. the next day, the towing operator shall only
charge the owner of the motor vehicle for one day of storage. If a
motor vehicle is stored for more than twenty-four (24) hours, but
less than forty-eight (48) hours, the towing operator may only charge
for two (2) days of storage.
e.
A bill for private property tow or other non-consensual tow shall
include the time at which a towed motor vehicle was delivered to a
towing company's storage facility.
f.
Municipal Storage Rates. Storage fees to be charged to or on account
of the Borough for the storage of Borough owned or operated vehicles
shall not exceed those fees permitted by N.J.S.A. 40:48-2.50.
[Ord. No. 994]
a.
The towing operator providing municipal towing services must tow
all vehicles to a storage facility meeting the following requirements:
1.
Has a business office open to the public between 9:00 a.m. and 5:00
p.m. at least five (5) days a week, excluding holidays;
2.
Have the ability to provide inside vehicular storage;
3.
Have the ability to store a minimum of six (6) vehicles;
4.
Is safe and secured, such as being completely fenced in;
5.
Offer a comfortable waiting area with clean restrooms;
6.
If it is an outdoor storage facility, lighted from dusk to dawn;
and
7.
Is located within ten (10) driving miles of any Borough border.
b.
The towing operator shall provide reasonable accommodations for after-hours
release of stored motor vehicles and shall not charge a release fee
or other charge for releasing motor vehicles to their owners after
normal business hours or on weekends if employees are still on site.
If a vehicle is required to be picked up after normal business hours
and the towing operator is required to send an employee to the site,
the towing operator may charge a reasonable fee not to exceed seventy-five
($75.00) dollars.
[Ord. No. 994]
All towing operators who have been licensed with the Borough
to provide municipal towing services shall be obligated to comply
with the following duties and regulations:
a.
Remove and tow to the designated storage facility all vehicles directed
by the Chief of Police to be removed and towed because such vehicles
are, in the Chief of Police's sole discretion designated as abandoned,
illegally parked, disabled, involved in a crash, or to be impounded
because of, among other things, criminal or other investigation. At
the sole discretion of the Chief of Police, taking into consideration
safety concerns, the owner or operator of a disabled vehicle may be
permitted to arrange for the vehicle to be towed by a towing operator
of his/her choice.
b.
Store such vehicles and move such vehicles as directed by Chief of
Police. When not otherwise directed or required by the Chief of Police,
the owner or operator of a disabled vehicle may request that the vehicle
be towed to a location other than the designated storage facility.
Upon direction of the Chief of Police, the towing operator shall not
release a vehicle towed which is subject to a criminal investigation,
including, without limitation, compliance with "John's Law,"
without prior authorization by the Chief of Police.
c.
Provide twenty-four (24) hours, seven (7) days a week service to
the Borough during the term of the contract.
d.
Not utilize answering machines or answering services when on-call
under the rotation list.
e.
Respond promptly to all requests for municipal towing services by
the Chief of Police. In any event, the towing operator shall respond
and be present at the location (all locations within the Borough)
for municipal towing services within twenty (20) minutes of receipt
of notice of same between the hours of 8:00 a.m. and 5:00 p.m. (hereinafter
"daytime"), and within thirty (30) minutes of receipt of notice between
the hours of 5:01 p.m. and 7:59 a.m. (hereinafter "nighttime"). In
the event a towing operator does not arrive at the tow location within
the above time periods, the Police Officer on the scene shall have
the right to have a substitute towing operator called to the location
who will have the right to perform the municipal towing services;
and the originally called towing operator shall have no right to payment
from any party.
f.
Not charge any fee for replacement of equipment or materials provided
at the scene of the tow.
g.
Tow any and all disabled Borough owned or operated vehicle upon request by the Chief of Police to a location within the Borough. The towing operator will not charge the Borough for the towing of Borough owned passenger vehicles or pick-up trucks within two (2) miles of the Borough border to a location within the Borough. All other towing of Borough owned or operated vehicles shall be charged pursuant to subsection 5-5.10 at a twenty (20%) percent discount. Nothing herein shall limit the Borough from utilizing the towing services provided for in any public bid contract.
h.
Clean up all broken glass and debris at the scene of a crash (all
towing operators must be equipped with a broom and a shovel).
i.
Ensure that all drivers and operators of the towing operator must
wear ANSI Class 2 reflective safety vests at all times when responding
to a request by the Borough.
j.
Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural or other
disasters, any acts of God, and for any other reason when so determined
necessary by the Chief of Police. Such standby service shall begin
and end when the Chief of Police notifies the towing operator. The
Borough reserves the right, during any such emergency, to designate
temporary areas owned or leased by the Borough and/or the towing operator
for the storage of disabled vehicles, and to direct the towing operator
to remove such disabled vehicles to said areas.
k.
Record all vehicles towed and/or stored as soon as possible after each vehicle is towed, but no later than the end of each towing operator's rotation pursuant to subsection 5-5.7, and retain such records for a period of seven (7) years. If so created by the Borough, such records shall be completed on forms provided by the Borough; if no such form is created, then such information shall be provided on a form created by the towing operator. The Borough shall be provided with a copy of any and all records evidencing that a vehicle has been towed and/or stored by the towing operator. Such records shall include a report of all personal property found within a towed vehicle that can be observed in plain view by the towing operator at the time the vehicle came into the towing operator's possession, an accounting of all monies received for fees for towing, and a separate accounting of all monies received for fees for storage services pursuant to this section. The Chief of Police shall have access upon demand, to any and all records required to be kept by this section.
l.
In all of the towing operator's dealings with the public, the
towing operator shall act in a professional manner, courteous at all
times, and respectful to members of the public, as well as representatives
of the Borough. Reports of discourteous behavior by the towing operator
or his drivers which may be substantiated and documented, shall be
considered by the Borough as sufficient cause for revocation and termination
of the towing operator's registration, and be considered as material
default under any contract entered into with a towing operator pursuant
to this section.
[Ord. No. 994]
[Ord. No. 994]
No towing operator, whether or not licensed with the Borough,
shall respond to the scene of a crash or emergency for the purposes
of towing a vehicle unless specifically notified by the Chief of Police,
or his/her designee, or the individual involved in the crash or emergency.
All persons, towing operators, and owners of towing equipment are
hereby prohibited from soliciting business at the scenes of a crash
and/or emergency within the Borough.
[Ord. No. 994]
Any person having a dispute or complaint arising from a specific
act of towing or storage of motor vehicles which is regulated by this
section shall present that complaint or dispute to the Chief of Police
for resolution. The Chief of Police shall render his decision as to
how the said complaint or dispute is to be resolved within ten (10)
days of his conducting a hearing as to the same. Such hearing can
be in person, by telephone or on written presentation at the election
of the Chief of Police. In the event of an adverse decision against
a registered towing operator, said registration may be revoked. The
Chief of Police's decision may be appealed to the Governing Body
of the Borough.
a.
This section shall be enforced by the Borough of Peapack and Gladstone
Police Department.
c.
Any violation of the provisions of this section may also subject
the violator to a revocation or nonissuance of the license with the
Borough. If a towing operator's license is revoked pursuant to
this provision, such towing operator is barred from re-applying with
the Borough for a period of three (3) years from the date of the revocation.
[Ord. No. 994]
[Ord. No. 632 § 1]
No person shall keep, hire or use for hire or pay, or cause
to be kept or used for hire or pay, any motor vehicle or limousine
utilizing the Borough as a place of business or place of garaging
as expressed in N.J.S.A. 48:16-13 et seq. without having first obtained
a license for that purpose from the Borough Clerk for such limousine
or livery, which license shall be known as "limousine license." Such
license shall be for a term of one (1) year and shall be renewable
annually and shall be nontransferable.
a.
The fee for the issuance of such license shall be fifteen ($15.00)
dollars for each limousine or automobile license. Each such vehicle
used as a limousine shall be licensed separately.
b.
The Borough Clerk shall issue such license after the satisfactory
compliance by the applicant with the provisions of N.J.S.A. 48:16-13
through 22, the payment of the aforesaid fee, the submission of a
current certificate of insurance and a signed statement from the Borough
Zoning Officer certifying that the limousine service is not operating
in a residential zone.
[Ord. No. 632 § 2]
There shall be a separate license issued for each limousine
to be licensed. The license shall be in writing, numbered, in triplicate,
signed by the Borough Clerk on a form provided by the Borough, and
shall contain the following information:
a.
Name, business address, and business telephone number of the owner.
b.
Number of the license, make, model, year, vehicle identification
number and license plate number of the vehicle.
c.
The name of the company supplying insurance coverage and the policy
number.
d.
The name, address and telephone number of the insurance agent.
[Ord. No. 642 § 3]
[Ord. No. 642 § 4]
Licenses for limousines and liveries or any renewal thereof
shall be issued by the Borough Clerk and no approval of the Borough
Council shall be required.
[Ord. No. 642 § 5]
One (1) copy of the limousine license when issued shall be retained
by the Borough Clerk. The applicants shall receive an original and
one (1) copy. The original shall be kept in the limousine at all times.
[Ord. No. 642 § 6]
Any person or persons, firms, corporations, or other organizations
found to be in violation of any of the provisions of this section
shall upon conviction thereof in Municipal Court, in addition to the
penalties provided by N.J.S.A. 48:16-22, pay a fine of not less than
fifty ($50.00) dollars and no more than one hundred ($100.00) dollars
for the first offense and for each subsequent offense shall, upon
conviction, pay a fine not to exceed five hundred ($500.00) dollars.
Upon failure to pay such fine, such person shall be liable to imprisonment
for a term not to exceed thirty (30) days.
[1]
Editor's Note: Former Sections 5-7 through 5-10 previously
codified herein and containing Board of Health fees, were repealed
by Ordinance No. 767. For Board of Health fees see the Revised General
Ordinances of the Board of Health which may be found at the end of
this book.
[Ord. No. 931 § 1]
The Borough Council of the Borough of Peapack and Gladstone
may, in its discretion, grant a Special Use Permit to an applicant
to permit the temporary use of any property or structure for a purpose
not otherwise permitted by the Revised General Ordinances of the Borough
of Peapack and Gladstone.
[Ord. No. 931 § 2]
In considering an application for a Special Use Permit, the
Borough Council shall satisfy itself that there is an emergent or
unique situation which requires the permit; that the special use contemplated
by the application shall not exert a substantially detrimental effect
upon the uses of land and activities normally permitted in the district
in which the activity is proposed; that the special use will not impair
the welfare of the Borough or its residents; that the special use
will be temporary in nature and not substantially undermine the Borough
Master Plan and/or Land Development Ordinances; and that it will not
substantially intrude into areas under Land Use Board control.
[Ord. No. 931 § 3]
An applicant for a Special Use Permit shall submit a written
application to the Borough Clerk which sets forth with specificity
the nature, duration, and reason for the request and which identifies
any prior approvals of the Land Use Board and the existence of any
pending applications. The Borough Clerk shall prepare an application
form to facilitate obtaining the information relevant to an appropriate
consideration of the application, which shall be approved by the Borough
Council. The fee for applying for a Special Use Permit shall be one
hundred ($100.00) dollars, which shall be nonrefundable.
[Ord. No. 931 § 4]
The applicant shall deposit an escrow in the amount of one thousand
($1,000.00) dollars to cover the cost of any review which the Council
may request by the Borough Planner, Borough Attorney and/or the Borough
Engineer. If the escrow is insufficient to cover the cost of the review,
the applicant shall, upon the request of the Chief Financial Officer
("CFO") for the Borough, deposit additional funds into the escrow
account. Any monies remaining in the escrow shall be returned to the
applicant within thirty (30) days following the date on which the
permit is granted or denied.
[Ord. No. 931 § 5]
If the use or event will last for longer than ten (10) days,
an applicant for a Special Use Permit shall give notice of the application
to the owners of all real property, as shown on the current tax duplicate,
within two hundred (200') feet in all directions of the property
which is the subject of such application. The notice shall contain
the lot and block number and street address of the property which
is the subject of the application and a description of the special
use or event for which the applicant seeks approval. The notice shall
also provide the date and time of the meeting at which the application
will be heard by the Borough Council and that the recipients of the
notice shall have the right to be heard relative to the application.
Notice shall be given by (1) serving a copy thereof on the property
owner as shown on the said tax duplicate or his agent in charge of
the property and providing a Proof of Service; or (2) mailing a copy
thereof by certified mail (return receipt requested) to the property
owner at the address as shown on said tax duplicate. The applicant
shall also cause a copy of the aforesaid notice to be published once
in a newspaper circulating in the Borough at least five (5) days before
the date of the Borough Council meeting at which the application will
be heard. The Borough Council may, in its discretion, require an applicant
to give notice as aforesaid for uses or events which have a shorter
duration than ten (10) days if the nature of the use or event could
have significant impact on adjoining property owners or the public
at large.
[Ord. No. 931 § 6]
The Council may request recommendations from the Borough Planner,
Borough Attorney and/or Borough Engineer concerning the application
and any conditions which should be placed on the Special Use Permit,
if granted, to protect the public. The Borough Council may also, in
its sole discretion, refer any application to the Land Use Board ("LUB")
for its recommendations; however, if the property at issue has been
the subject of a prior approval of the LUB and/or is the subject of
a pending application before the LUB, the matter shall be referred
to the LUB for its recommendations.
[Ord. No. 931 § 7]
The Borough Council reserves the right to impose conditions
on the approval of a Special Use Permit which are more restrictive
than those conditions set forth in other provisions of the Revised
General Ordinances of the Borough or imposed by the LUB in prior approvals
or in the LUB's recommendations to the Council if the public
health, safety or welfare warrant them. Such conditions may include,
by way of example and not limitation, insurance requirements to protect
the Borough; indemnification requirements to protect the Borough;
restrictions on noise, dust, traffic, lighting, occupancy or capacity
and/or hours of operation; security requirements; and similar conditions.
If the Borough Council temporarily suspends any condition appearing
in a prior Resolution of Approval of the LUB, the Resolution granting
the Special Use Permit shall clearly state the condition(s) which
have been suspended and that all other conditions of approval are
incorporated by reference. Under no circumstances shall the temporary
issuance of a Special Use Permit constitute a repeal or amendment
of any prior Resolution of the LUB.
[Ord. No. 931 § 8]
A Special Use Permit shall be issued for the minimum amount of time necessary for its purpose to be accomplished and, in any event, a Special Use Permit shall not be issued for a period to exceed nine (9) months; provided however, an applicant may apply for an extension of the Special Use Permit for successive periods of not more than nine (9) months each. An application for a renewal shall contain all of the information requested in an initial application, the payment of a new one hundred ($100.00) dollars nonrefundable application fee, the posting of a new escrow in accordance with subsection 5-11.4 above, and any review by the Borough's professionals and referral to the LUB in accordance with subsection 5-11.6 above. In addition, in order for a Special Use Permit to be renewed, the applicant must demonstrate to the satisfaction of the Borough Council that the reason for the extension is because of circumstances reasonably beyond its control and that all conditions of the prior Special Use Permit have been met and that the requirements of subsection 5-11.2 above are satisfied. The Borough Council has the discretion to grant a temporary extension of a Special Use Permit during the renewal process to permit the Council the time it needs to complete its review of a renewal request.
[Ord. No. 931 § 9]
Any person who shall violate the terms of this section by failing to comply with all of the terms and conditions of the Council resolution granting a Special Use Permit or by erecting or maintaining a temporary structure or use prior to obtaining a Special Use Permit, or who shall maintain any temporary structure or use after the permit therefore has expired shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5 of the Code of the Borough of Peapack and Gladstone.
[Ord. No. 931 § 10]
A Special Use Permit may be rescinded by the Borough Council
if any of the material terms of the Council Resolution granting approval
are violated, or if the use of the property becomes detrimental to
the public health, safety or welfare. If a Special Use Permit is rescinded,
the special use or structure shall be removed by the applicant/property
owner within thirty (30) days following the date on which said permit
is rescinded, or within such shorter period of time as may be reflected
in the Council resolution granting permission for the use or structure.
[Ord. No. 931 § 11]
This section shall not apply to the erection of temporary tents
or awnings incidental to residential use such as are erected for graduation
and wedding parties or other events on residential property and which
are currently reviewed and approved by the Construction Department.
[Ord. No. 931 § 12]
This section shall be interpreted broadly in order to effectuate
its remedial purpose.
