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Township of Montgomery, NJ
Somerset County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 121, 209, 88-595, 90-670, 94-814 and 97-909.
[Ord. #09-1317, S 1]
The purposes of this section are to (1) deter the use of peddling or soliciting to gain access to homes or other premises for criminal purposes; (2) maintain quiet and privacy for residents of the Township while balancing the same against the opportunity for peddlers and solicitors to exercise their rights of free speech; (3) discourage unethical, dishonest and illegal business practices; (4) prevent dishonest solicitations of funds; (5) protect the safety and welfare of the inhabitants of the Township as well as peddlers and solicitors engaged in such activities within the Township; and (6) preserve safety and order in and about the streets, sidewalks, businesses, parks and recreation areas in the Township.
[Ord. #09-1317, S 1; Ord. #09-1330, S 1]
CANVASSER
See definition of solicitor below.
COMMERCIAL
Shall mean pertaining to or engaging in commerce, or prepared, done or acting with the sole emphasis on salability or profit. The term commercial shall not include charitable speech.
ITINERANT VENDOR
See definition of transient merchant below.
MERCHANDISE
Shall mean all goods, wares, food, drinks, fruits, vegetables, magazines, subscriptions, periodicals, printed material, farm products, all types of articles of personal property, all types of orders or contracts for services, home improvements or alterations, and anything that may be sold or distributed by peddlers or solicitors as defines herein.
NONPROFIT ORGANIZATION
Shall mean (1) any organization tax exempt under the Internal Revenue Code § 501(c)(3); (2) any organization created under or otherwise subject to the provisions of Title 15A of the New Jersey Statutes; (3) any organization, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes, whose primary purpose is to benefit the school age children of the Township, including but not limited to schools, school clubs and organizations, Cub Scouts, Boy Scouts, Brownies, Girl Scouts and similar youth groups; (4) any organization whose primary purpose is to advocate for religious or political causes, whether or not qualified under § 501(c)(3) of the Internal Revenue Code or subject to the provisions of Title 15A of the New Jersey Statutes; or (5) any department within the Township's governmental structure, including, but not limited to, the Police Department and any volunteer Fire, First-Aid or Rescue Squad that is located in, has a substantial membership from or serves the Township.
PEDDLER
Shall mean any person who goes from house to house or place to place by any means of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The term peddler shall include a person who from time to time offers merchandise for sale from one or more fixed locations out of doors, when the merchandise is displayed or stored in a motor vehicle located on the property, whether the property is owned by that person or by others. The term peddler shall also include the words hawker and huckster.
PERSON
Shall mean any individual, firm, partnership, corporation, organization, club or association, or any principal, agent, employee or representative thereof.
RESIDENT
Shall mean any person owning or lawfully occupying property located within the Township.
SOLICITOR
Shall mean any person who goes from house to house or place to place by any means of conveyance, soliciting or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or any public place. The word solicitor shall also mean any individual who goes from house to house or from place to place for the purpose of obtaining contributions or subscriptions, or who does research analyses, makes surveys or opinion polls, obtains ratings data or similar information, distributes advertisements or handbills of a commercial or partially commercial nature or who engages in any similar work which involves a door to door or place to place activity. The word solicitor shall also include the word canvasser.
TOWNSHIP
Shall mean the Township of Montgomery, Somerset County, New Jersey.
TRANSIENT MERCHANT
Shall mean any person who merchandises or sells with the intent to close out or discontinue a business within a period of one year from the date of commencement and occupies a room, building or other permanently constructed premises for the purpose of selling merchandise. The term transient merchant shall also include the words itinerant vendor.
[Ord. #09-1317, S 1]
a. 
It shall be unlawful for any peddler, solicitor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Township without first obtaining a license from the Township Clerk by filing an application for a license, paying a license fee and obtaining a license from the Clerk. Failure to obtain a license prior to engaging in such activities shall constitute a violation of this section. Each day of peddling or soliciting without a valid license shall constitute a separate violation of this chapter.
b. 
The license requirements of this chapter shall not apply to the following:
1. 
Any nonprofit organization as defined in subsection 4-1.2 of this section, provided that the means of identification assigned by such organization, if any, is carried by the peddler or solicitor. If no means of identification is assigned by such organization, the peddler or solicitor shall be required to carry a bona fide means of identification, including but not limited to a valid driver's license.
2. 
Any person intending to distribute noncommercial or not-for-profit handbills, pamphlets, leaflets, circulars, advertisements or printed material.
3. 
Any person (a) campaigning for any elected public office or public question, which is to be voted upon in the Township at a general, special, primary or school board election, or in a national or State election; (b) distributing handbills, pamphlets, leaflets, circulars, advertisements or printed material with respect thereto; or (c) otherwise engaging in political speech.
4. 
Any person engaging in the spontaneous advocacy of social, civic, political or religious causes, whether or not in connection with a larger organization, or engaging in spontaneous speech, including, but not limited, to speech between neighbors.
5. 
Any person holding a solicitation license or permit issued under any State or Federal law or by any State or Federal agency, or any veteran or volunteer fireman who holds a license issued pursuant to N.J.S.A. 45:24-9 and -10, provided that such licensee shall notify the Police Department of the Township, in writing, prior to any peddling or soliciting detailing (a) his license number, if any; (b) the date of the issuance of the license; (c) the State or County where the license was issued; (d) the dates on which the licensee intends to peddle, solicit or canvass; (e) his driver's license number together with the name of the State that issued such license; and (f) the motor vehicle registration number, make and model of any motor vehicle to be used by the licensee in connection with his peddling, soliciting or canvassing.
c. 
Nothing in this section shall be construed as exempting the persons or organizations listed in subsection 4-1.3b from compliance with the provisions of this section that do not deal with or relate to licenses.
[Ord. #09- 1317, S 1]
Upon obtaining a license as hereinafter provided, a licensee may conduct his activities within the Township provided that as he adheres to the regulations set forth in this section and carries the license upon his person at all times during the conduct of his activities. The license shall be shown to any Township official, police officer or any other individual upon request.
[Ord. #09-1317, S 1; Ord. #09-1330, S 2]
a. 
An application for a license shall be made upon the forms provided by the Township, shall be sworn to, shall be filed with the Township Clerk and shall contain or be accompanied by the following information:
1. 
Name and permanent address of the applicant.
2. 
Local address of the applicant, if any.
3. 
Name and address of the employer or organization on whose behalf the applicant is engaging in peddling or soliciting, if any.
4. 
Name and telephone number of a contact person at the offices of the aforesaid employer or organization.
5. 
Motor vehicle registration number, make and model of any motor vehicle to be used by the applicant in connection with his peddling or soliciting.
6. 
Length of time for which license is desired.
7. 
Number of arrests or convictions for crimes involving deceptive business practices or fraud, or violations of ordinances enacted in other municipalities concerning peddling, solicitation or canvassing, when and where the offenses occurred, and the penalty imposed, if any.
b. 
If the applicant is a transient merchant, a commercial peddler or a commercial solicitor, his application shall also describe the nature of the merchandise, goods, services or wares to be sold.
c. 
If the applicant is a food handler or otherwise sells food, drinks, ice cream, confections or other items for immediate consumption, he shall attach to his application a copy of the permit or license issued to him by the Township or the Board of Health for food handling.
d. 
If the applicant is an agent, employee or representative, he shall attach to the application a letter from the person or organization for whom the applicant works, authorizing the applicant to act as its agent, employee or representative and assuming responsibility for each individual applicant's conduct.
e. 
The applicant shall also be required to produce valid photo identification, which the Township Clerk will photocopy and attach to the application.
f. 
Any fraud, misrepresentation, or false statements contained on the application, or the failure to disclose information on the application, shall constitute a violation of this chapter.
g. 
The application shall be retained by the Township Clerk.
[Ord. #09-1317, S 1]
a. 
Following the filing of a completed application and payment of the application fee as set forth in subsection 4-1.11, the Township Clerk shall forward the application to the Police Department. It shall be the duty of the Police Department to investigate the statements made therein, and not more than 14 days shall be allowed for such investigation.
b. 
The Police Department shall conduct such investigation within the limits of the resources available to it, which may include background checks on the business responsibility of the applicant or any principal, agent, employee or representative who shall engage in the licensed activity, for the protection of the public good.
c. 
If, as a result of such investigation, the business responsibility of the applicant or any principal, agent, employee or representative who shall engage in the licensed activity is found to be unsatisfactory, the Chief of Police, or his designee, shall endorse on such application his disapproval and the reasons therefor and return the application to the Township Clerk. Any determination by the Chief of Police, or his designee, that the application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
1. 
Prior violation(s) of the provisions set forth in this section.
2. 
Record of breaches of peddling or soliciting contracts.
3. 
Fraud, misrepresentation or false statements contained in the application for license.
4. 
Violation of ordinances enacted in other municipalities concerning peddling or soliciting.
d. 
In the absence of any such findings, the Chief of Police, or his designee, shall find the applicant satisfactory and shall endorse his approval on the application and return the application to the Township Clerk.
e. 
The investigatory process used by the Police Department and the aforesaid criteria for the denial of an application shall be applied equally to all applicants and shall not be subject to the discretion of any Township officials.
[Ord. #09-1317, S 1]
a. 
If the applicant is found unsatisfactory by the Chief of Police, or his designee, and he endorses his disapproval upon the application, the Township Clerk shall notify the applicant by mail that the application is disapproved and shall deny the issuance of the license. Such notice shall be mailed within two business days following the endorsement of disapproval by the Chief of Police, or his designee.
b. 
If the application is found satisfactory by the Chief of Police, or his designee, the Township 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 shall show: (1) the name of the applicant; (2) the type of activity that the applicant is licensed for (peddler, solicitor, transient merchant); (3) the name and address name of the business or organization for which peddling or soliciting will be conducted; (4) the date of issue; (5) the date of expiration; (6) the license number; and (7) an identifying description of any motor vehicle(s) to be used in connection with the applicant's peddling or soliciting activities. Any changes to the form of the license shall be at the discretion of the Township Clerk.
c. 
Where a person or organization, with the exception of transient merchants, has several agents, employees or representatives engaging in peddling, soliciting or canvassing, distributing merchandise or printed material, or offering services, each agent, employee or representative shall file an application with the Township Clerk, pay the appropriate fee and shall be issued a separate license.
d. 
With respect to transient merchants, a license shall authorize the licensee to carry on the business only at the location indicated on the application. A separate license shall be required for each separate place of business in which the occupation is carried on.
[Ord. #09-1317, S 1]
a. 
Licenses may be revoked by the Chief of Police, or his designee, for any of the following causes:
1. 
Violation of any of the provisions of this section, any Township ordinance, or any State or Federal law.
2. 
Fraud, misrepresentation or false statements contained in the application for license, or made by the licensee in the course of carrying out his peddling or soliciting activities.
3. 
Engagement of peddling or soliciting activities in an unlawful manner, or in such a manner as to constitute breach of the peace or constitute a menace, disturbance or nuisance to residents of the Township.
4. 
Violation of ordinances enacted in other municipalities concerning peddling, solicitation or canvassing.
b. 
Notice of revocation shall be personally communicated to the licensee and thereafter, it shall be unlawful for him or any of his agents, employees or representatives to sell, offer for sale or distribute merchandise or services in the Township.
[Ord. #09-1317, S 1]
Any person aggrieved by the action of the Chief of Police, or his designee, in the denial of an application for a license or in the revocation of a license shall have the right to appeal to the License Appeals Board. Such appeal shall be taken by filing a written request for a hearing with the Township Clerk within 14 days after notice of the action complained of has been personally communicated to the person or mailed to his permanent address. If an appeal is taken, the person shall be provided with a notice of a hearing before the License Appeals Board, which notice shall be in writing setting forth the grounds of the complaint and the time and place of the hearing. The notice of a hearing shall be mailed to the person's permanent address at least five days prior to the date set for the hearing, and no more than five days after receipt by the Township Clerk of the written request for a hearing. The decision of the License Appeals Board on such appeal shall be final and conclusive.
[Ord. #09-1317, S 1; Ord. #09-1330, S 3]
It shall be unlawful for a person to:
a. 
Attempt to peddle or solicit without first having identified himself as such and displaying any identification card or license issued therefor.
b. 
Have exclusive right to any location.
c. 
Enter or attempt to enter the land of any resident in the Township where such resident has posted a "No Solicitation" sign in accordance with subsection 4-1.13 of this section.
d. 
Refuse to leave a private dwelling or property after having been once requested to do so by the owner or occupant thereof.
e. 
Shout, cry out, blow a horn, ring a bell, or use any soundmaking or amplifying device on any streets, parks or public places of the Township, or upon private property, that would create or become a noise disturbance, as set forth in Section 3-3 of this Code.
f. 
Distribute obscene merchandise, handbills, pamphlets, leaflets, circulars, advertisements or printed material.
g. 
Litter the streets, parks, public places or other property within the Township with any merchandise, handbills, pamphlets, leaflets, circulars, advertisements or printed material.
h. 
Station, place, set up or maintain a cart, wagon, table, stand, display, motor vehicle or other vehicle, or allow it to remain on any sidewalk or in any park or public place in such a way as would:
1. 
Restrict, obstruct, interfere with or impede pedestrians' right-of-way.
2. 
Restrict, obstruct, interfere with or impede the ingress or egress from the abutting property.
3. 
Increase traffic congestion, or cause or increase traffic delay or hazard.
4. 
Cause, create or constitute a danger to life, health or property.
i. 
Peddle, solicit or offer to sell except between the hours of 9:00 a.m. and 9:00 p.m.
j. 
Peddle or solicit using a cart or wagon of the dimensions of which exceeds two feet in width, four feet in length and four feet in height including wheel height, while conducting business on any sidewalk or in any park or public place.
k. 
Use, set up, attach, place or permit the use of any table, crate, carton, rack, device or structure of any kind to increase the selling or display capacity of the licensee's cart or wagon.
l. 
Station, place, set up or maintain a cart, wagon, table, stand or display, or allow it to remain on any sidewalk, if to do so would reduce the unobstructed pedestrian right of way to less than six feet. The Department of Engineering may from time to time, by regulation, change the width of the pedestrian right-of-way space required, as circumstances require.
m. 
Engage in peddling or soliciting within 10 feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement.
n. 
Engage in peddling or soliciting on any sidewalk or along any street within 15 feet of any fire hydrant, crosswalk or driveway.
o. 
Station, place, set up or maintain a cart, wagon, table, stand, display or goods against display windows of fixed location businesses, or within 20 feet from an entranceway to any building, store, theater, library, school, museum, movie house, sports arena or other place of public assembly, without the permission of the property owner and in such a manner as to restrict, obstruct, interfere with or impede pedestrians' or vehicular right-of-way.
p. 
Engage in peddling or soliciting on any sidewalk or along any street within 10 feet from intersecting streets or sidewalks.
q. 
Engage in peddling or soliciting within 30 feet of any location where another peddler or solicitor is engaged in peddling or soliciting.
r. 
Engage in peddling or soliciting on any sidewalk or along any street within 20 feet of a bus stop. For purposes of this section, the words "bus stop" shall include the sidewalk and the adjoining street where there is a designated bus stop.
s. 
Sell food, drinks, ice cream, confections or other items for immediate consumption unless the seller has available, for public use, a litter receptacle which shall be clearly marked and maintained for his patronage use, nor shall any seller leave any location without first picking up, removing and disposing of any trash or refuse remaining from the sales made by him. It shall also be unlawful for any person to sell food, drinks, ice cream, confections or other food items for consumption without having first received any permit or license required by the Township or the Board of Health for food handling.
t. 
Leave any cart, wagon, table, stand or display unattended at any time or place, or leave the same overnight on any sidewalk or in any park or public place.
u. 
Station, place, set up or maintain a cart, wagon, table, stand, display, motor vehicle or other vehicle on private property unless the owner has previously secured approval for such use of the property pursuant to the provisions of Chapter 16 of this Code and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
v. 
These general regulations shall not apply to sidewalk sales for which a permit has been issued in accordance with Section 4-4 of this Code.
[Ord. #09-1317, S 1]
a. 
The fees for licenses as set forth herein shall accompany the application and shall be as follows for each person who is to engage in the licensed activity:
1. 
For peddlers and solicitors —
Duration of License
Fee
30 days or less
$20
Over 30 days
$100
2. 
For transient merchants — $1,000.
b. 
All application fees to be collected for the issuances of licenses are not to be considered as revenue, but are charged for the purpose of covering the expenses of administering the provisions of this section, including the investigation and regulation of the conduct of licensees.
c. 
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.
d. 
All peddling and soliciting licenses shall expire on December 31 of the calendar year in which they are issued unless, by their terms, they expire prior to that time. With respect to transient merchants, the license shall expire no later than 180 days after its issuance.
[Ord. #09-1317, S 1]
a. 
There shall now be created a registry in the Township entitled the "No Solicitation Registry."
b. 
The "No Solicitation Registry" shall be applicable only to those persons (a) who are required to obtain a license pursuant to subsection 4-1.3 of this section, or (b) who hold a solicitation license or permit issued under any State or Federal law or by any State or Federal agency for commercial purposes. To all other peddlers, solicitors and merchants, the registry is merely notice of a preference.
c. 
The registry shall be available to any resident of the Township. By participating in the registry, residents make an affirmative decision not to receive commercial peddlers, solicitors or merchants at their property located within the Township.
d. 
Any resident seeking to register his property shall file an application, to be supplied by the Township, with the Township Clerk. The application shall require the following information:
1. 
Name of the applicant and address of the property, located within the Township, to be included on the registry.
2. 
Contact information, including the best telephone number to reach the applicant, should such applicant need to be contacted with regard to the registry.
3. 
A space for the initials of the applicant to acknowledge that the registry will be enforceable against only those peddlers, solicitors and merchants set forth in subsection 4-1.12b. To all other peddlers, solicitors and merchants, the registry is merely notice of a preference.
e. 
The applicant shall also be required to produce photo identification or other proof, including but not limited to a lease agreement, demonstrating the applicant's lawful right to occupy such property.
f. 
The Township Clerk shall approve the application once completed and forward the information contained therein to the Police Department.
g. 
The "No Solicitation Registry" itself shall be maintained by the Township Clerk and shall only include the property addresses within the Township where peddling, soliciting or canvassing by licensees are prohibited. No further identifying information will be listed.
h. 
The Township Clerk, or his designee, shall provide a copy of the registry to each and every applicant to whom a license is issued pursuant to this section. Copies of the registry shall also be available at the Office of the Township Clerk and on the internet website of the Township.
i. 
The Township Tax Assessor shall notify the Township Clerk of any change in the ownership of property that is registered on the "Do Not Solicit Registry." The Township Clerk shall remove from the registry any property that has changed ownership.
j. 
Any resident who wishes to end his participation in the registry can do so by written notification to the Township Clerk. Upon receiving such notice, the Clerk shall remove the property from the registry. The Township Clerk shall also forward any such notice to the Police Department.
k. 
Peddling or soliciting at any address listed on the registry shall constitute a violation of this section, and shall be grounds for revocation of such person's license under subsection 4-1.8 of this section.
[Ord. #09-1317, S 1]
a. 
A resident may place, on any property he owns or lawfully occupies within the Township, a sign indicating that he does not wish to be disturbed by peddlers, solicitors or merchants. Said sign shall be posted in such a manner as to be clearly visible to any person wishing to peddle, solicit or canvass on the property.
b. 
A "No Solicitation" sign shall be applicable to all peddlers, solicitors and merchants, including those persons listed in subsection 4-1.3b of this chapter.
c. 
A "No Solicitation" sign shall be deemed a warning sign for purposes of the Township's sign ordinance (see subsection 16-5.13 of this Code).
d. 
Peddling, soliciting or canvassing at any address where a "No Solicitation" sign is posted shall constitute a violation of this ordinance, and shall be grounds for revocation of such person's license under subsection 4-1.8 of this section.
[Ord. #09-1317, S 1]
The provisions of this chapter shall not apply to the following persons, organizations or activities:
a. 
Any Federal census-takers.
b. 
Any surveys taken pursuant to Federal, State or local laws.
c. 
Any employees of a public utility that 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.
d. 
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises or to persons who had previously ordered the same or were entitled to receive the same by reason of prior agreement.
e. 
Wholesale salesperson calling on businesses.
f. 
Any person selling fruits and farm products grown by himself, with or without help from others.
[Ord. #09-1317, S 1]
a. 
Any person or any licensee who shall solicit or peddle within the Township in violation of any provision of this chapter shall be subject to the penalties provided for in Section 1-5 of this Code.
b. 
Each violation of a provision of this section shall be considered a separate offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. #251; New; Ord. #95-839, S 1]
a. 
No person shall operate or conduct an outdoor assembly of persons, to which members of the public are invited to attend either on a charge or no charge basis, unless that person has first obtained a permit from the Township Committee. No individual, organization or related entity shall be issued more than three permits required by this section in any calendar year.
b. 
Forms for such application shall be obtained from the Township Clerk. Such forms shall be completed by the applicant and submitted together with the documents required in paragraph c herein to the Township Clerk, 10 days prior to the regular meeting of the Township Committee at which the applicant wishes the application considered. The Township Committee shall, within 30 days of the date of the meeting at which the application is considered, approve or disapprove by resolution. In the event that the application is not acted upon within the time period provided, it shall be deemed to be denied.
c. 
The applicant for a permit shall set forth the following information in the application or by separate rider or exhibit:
1. 
The names and addresses of all persons responsible for conducting the outdoor assembly together with the date and specific hours planned for the outdoor assembly.
2. 
The name, address and telephone number of the individual designated to be actually in charge of and responsible for compliance with this section.
3. 
The type of performance or event to be conducted.
4. 
A detailed description of the amplification devices, including speakers, their size and number together with a description of any musical instruments to be present.
5. 
Description of the lands and premises with respect to which the event shall take place.
6. 
The name and address of the owner of the premises and interest of the application therein, if any, together with written permission of the actual owner of the premises to hold the event therein if the owner is a person or entity difference from the applicant.
7. 
The number of persons engaged in the performance and the number of persons anticipated to be in attendance.
8. 
A description of the manner in which sanitary and water facilities shall be utilized or brought to the site to accommodate the number of persons anticipated to be in attendance. The applicant shall submit a sworn affidavit stating the number of persons invited, the number of persons who have accepted invitations and the number of persons anticipated to be in attendance.
9. 
A plan for parking and traffic control for the entire event describing, in detail, points of egress, ingress and parking together with a description of the regulatory signs and devices necessary to accomplish the free flow of anticipated traffic based upon the number of participants and attendees anticipated.
10. 
A detailed description and plan for the processing, handling and distribution of food or drink in the event that third-party concessionaires or others are to be engaged for the purpose of such distribution, a detailed statement as to the persons involved in such activity together with a list of equipment to be used for the distribution of food and the collection of waste, garbage and debris.
[Ord. #251; New]
a. 
Upon filing of the application, the Clerk shall refer a copy of the application to the Mayor and an additional copy to the Chief of Police for investigation of the matters in the application by the police and by such other municipal officials as the Mayor may direct. A written report shall be made to the Township Committee as a result of the investigation by the Department of Police Services and any other officials designated by the Mayor.
b. 
The Township Committee shall, prior to acting upon any application, request and consider a report from the Health Officer of the Township with regard to the adequacy of sanitary and water facilities and the proposed plan of food processing, handling and refuse disposal.
c. 
The Township Committee shall, prior to acting upon any application, request and consider a review of the traffic control and parking plan submitted by the applicant and a report on the sufficiency thereof from the Chief of Police.
[Ord. #251; New]
The Township Committee shall review the materials required to be submitted by the applicant and the reports of the Chief of Police and the Health Officer and shall use such material and reports to determine to grant or deny the permit based upon the health, safety and welfare of those in attendance and residents in the area and neighborhood of the proposed event. Such permit may express an hour after which time any entertainment or performance and/or the distribution of food and drink shall cease. In the event that the permit is denied, reasons for such denial shall be expressed by the Township Committee.
[Ord. #251; New]
a. 
No person or party licensed hereunder shall allow, suffer or permit any exhibition, performance or gathering of persons for any unlawful purpose or to be conducted in any unlawful, disorderly, obscene or lewd manner.
b. 
The permit shall allow the Chief of Police or any person duly authorized by the Township to inspect the licensed premises, or any part thereof, and the performances, exhibitions and shows for public gatherings at any time either prior to or during the period of time licensed, to inspect the premises and observe the persons upon the premises or to detect violations of this section or any other law or regulation of any jurisdiction of government.
c. 
The traffic and parking control plan shall be implemented by the applicant on the day of the event and the applicant shall be required to hire such police assistance as the Township Committee may determine and express in the permit.
d. 
In the event that any of the conditions of this section are violated, the Chief of Police or other authorized officer may terminate or suspend any license issued hereunder.
[Ord. #251; New]
This section shall not apply to gatherings at which fewer than 200 persons shall be in attendance, nor shall it apply to gatherings conducted by the following organizations: volunteer fire companies, religious organizations, parent teacher associations, scouts, womens clubs, non-profit athletic events and events sponsored by similar organizations.
[Ord. #251; New]
Any person who violates any provisions of this section shall, upon conviction thereof, be liable to the penalties stated in Chapter 1, section 1-5. A separate offense shall be deemed committed for each separate act involved or on each day during a continuation of any such act or violation of any of the provisions of this section.
[Ord. #82-442, S 1; Ord. #92-755, S 2]
As used in this section:
FALSE ALARM
Shall mean activation of an alarm system causing the police or other emergency unit to respond, the cause of which was not an emergency, an unauthorized entry, the commission of an unlawful act, or caused by a specific condition or occurrence clearly beyond the control of the permittee or his agents.
LEASE LINE SYSTEM
Shall mean a private alarm system which provides direct connection by a telephone lease line from a specific location to a control board where the alarm is relayed by telephone to the Montgomery Department of Police Services.
PERMITTEE
Shall mean any person, partnership, corporation, association or other legal entity.
PRIVATE ALARM SYSTEM
Shall mean any system installed to serve an improved property, store, building or other facility and designed or used for the detection of an unauthorized entry or the commission of any unlawful act, or for the reporting of any emergency, which system communicates or causes the communication of information to the Montgomery Department of Police Services.
TAPE DIALER SYSTEM
Shall mean a private alarm system which automatically selects a telephone trunk line of the Montgomery Department of Police Services and then reproduces a prerecorded message.
WARNING DEVICE SYSTEM
Shall mean a private alarm system which is designed to sound an alarm by a bell, horn, siren or other noise-making instrument located upon the property where the system is installed, and audible beyond the limits of the property. For the purpose of this section, the sounding of any of the aforementioned instruments shall be considered a communication to the Montgomery Department of Police Services.
[Ord. #82-442, S 1; Ord. #99-982, S 1]
a. 
No person shall use or operate or allow on any premises owned or occupied by him the use or operation of any private alarm system, as defined in this chapter except pursuant to a private alarm system permit issued by the Chief of Police, the terms of this chapter and such regulations as may be issued pursuant hereto.
b. 
Nothing in this section is to be construed as being applicable to contractors or businesses regulated under N.J.S.A. 45:5A-1 et seq., that install, erect, repair, service and maintain private alarm systems.
[Ord. #82-442, S 1; Ord. #97-923, S 1]
Private alarm system permits shall be issued by the Chief of Police on a two year basis upon written application of the permittee on forms supplied by the Police Department and payment of the application fee. Each application shall include at least the following information: Name, address and telephone number of permittee applicant; address and telephone number of premises where alarm is to be located; type of alarm system; business and home addresses and telephone numbers of at least two individuals who reside within a reasonable distance, approximately 15 minutes, of the premises where the alarm is located, who hold keys to enter the premises where the alarm is located, and who have agreed to be responsible in case of an emergency or otherwise relating to the premises or the alarm system; and the name, address, business and emergency telephone number of the individual or company responsible for and authorized at the permittee's expense to service the system upon request of the Police Department.
[Ord. #82-442, S 4; Ord. #83-445, S 1; Ord. #84-491, S 1; Ord. #97-923, S 2]
All permits shall expire on December 31 of the year of renewal and only the following type of private alarm systems shall be permitted subject to payment of the fees indicated.
a. 
Initial Permit or Renewal.
System
Fee
Lease Line System
$15
Tape Dialer System
$15
Warning Device System
$15
b. 
Restoration of Permit Following Revocation.
System
Fee
Lease Line System
$150
Tape Dialer System
$150
Warning Device System
$150
All fees are for two years, or any part thereof.
[Ord. #82-442, S 5; Ord. #84-463, S 1; Ord. #85-491, S 1]
All private alarm systems shall be maintained in good working order by the permittee, and in particular in a manner so as to avoid the occurrence of false alarms. The occurrence of three false alarms within the term of any permit shall constitute prima facie evidence that the system was not maintained in good working order.
[Ord. #82-442, S 6]
The Chief of Police is authorized and empowered to issue such regulations as he may deem reasonably necessary to carry out the purposes of this section, insure the proper function of private alarm systems and provide for the safety and convenience of the police, other possibly responding emergency units, and the public. Such regulations shall be in writing and shall be given to each permittee at the time of issuance or renewal of his permit, or at the time of the promulgation or amendment thereof.
[Ord. #82-442, S 7; Ord. #85-491, S 1; Ord. #97-923, S 3]
The Chief of Police is hereby authorized to suspend any permit issued pursuant to this section for failure of the permittee to comply with this section, any regulation issued pursuant hereto, or any condition of his permit. Such suspension shall be effective upon either: (i) written notice thereof is personally delivered to any individual whose name has been furnished by the permittee on his application; or (ii) such notice has been posted in a conspicuous place on the premises where the alarm system is located and a copy thereof mailed to the permittee at the address given on his application, or (iii) five days from the date of mailing such notice by regular mail and by registered or certified mail, return receipt requested, to the permittee at the address given on his application. When a permit has been suspended, the private alarm system shall not be operated unless and until the permit has been restored as evidenced by written notice from the Chief of Police and permit restoration fee established in subsection 4-3.4 above has been paid. The permit restoration fee shall be required for any permittee whose permit has been suspended and who desires the restoration of the permit even if the restoration is not to take place until after the conclusion of the terms of the initial or renewal permit that was suspended.
[Ord. #82-442, S 8; Ord. #97-909, S 3; Ord. #97-923, S 4]
a. 
Any person aggrieved by a regulation, condition attached to a permit, suspension of a permit, or failure to issue a permit may appeal to the License Appeals Board. An appeal shall be taken by filing a written statement with the Township Clerk which statement shall set forth fully the matter under appeal and the grounds for appeal. The License Appeals Board shall then set a time and place for hearing of the appeal, notify the appellant, conduct the hearing and affirm, modify or reverse the matter appealed. The License Appeals Board shall have the right however, to refuse to hear or decide any appeal which has not been filed within 14 days after the appellant had notice of the matter as to which the appeal has been taken.
b. 
In the event of an appeal of a suspension of a permit which is filed in accordance with the procedures in this subsection, in lieu of a License Appeals Board hearing the Chief of Police, in his or her discretion, may unilaterally reinstate the alarm permit upon appropriate documentation being submitted by the permittee which establishes that the permittee has adequately serviced and maintained the alarm system.
[Ord. #82-442, S 9; Ord. #97-923, S 5]
a. 
Notwithstanding the issuance of any permit, the Township assumes no obligation to allow a particular private alarm system or type of private alarm system beyond December 31 of any year, if the License Appeals Board shall find that it is not in the public interest so to do.
b. 
Neither the Township nor its agents or employees assume any obligation whatsoever concerning the adequacy, operation or maintenance of any private alarm system. Neither the Township nor its agents or employees assume any liability whatsoever for any failure of any private alarm system, failure to respond to any such alarm system, or for any act of omission or commission relating to any such alarm system.
c. 
The permittee upon acceptance of his permit by that action agrees to hold and save harmless the Township, its agents and employees from any liability whatsoever in connection with his alarm system or the operation of same.
[Ord. #82-442, S 10; Ord. #85-491, S 1]
The minimum penalty to be imposed for the conviction of a violation of this section shall be a fine in the amount of $100. This provision is not intended to limit the discretion of the Municipal Judge to impose a penalty in excess of the minimum and the provisions regarding maximum penalties contained in Chapter 1, section 1-5 shall be applicable to persons convicted of a violation of this section.
If any provision of this section is adjudged invalid by a court of competent jurisdiction, said judgment shall apply only to said provision and the remainder of this section shall remain in effect.
[Ord. #94-817, S 1]
It shall be unlawful for any person or entity to conduct an outdoor display of commercial goods, wares or merchandise within the HC and NC Zones of the Township of Montgomery without first obtaining a permit for that purpose from the Township Clerk as hereinafter provided.
[Ord. #94-817, S 1]
The application for a permit shall be made in writing to the Township Clerk on forms provided by the Clerk at least 20 days prior to the sale and shall be accompanied by an application fee of $10 and shall include:
a. 
The name and address of the person or entity conducting said sale, and the written consent of the owner of the property.
b. 
The location at which such sale is to be conducted.
c. 
The proposed dates of said sale.
d. 
The nature and source of merchandise to be sold at said sale.
[Ord. #94-817, S 1]
A permit issued by the Township Clerk shall remain valid for no more than four consecutive days. No more than six permits per year shall be issued to the same person or entity unless that person or entity applies for a permit for a different place of business and location. No permit shall be issued for the same place of business or location until at least 30 days have passed since the expiration of the prior permit.
[Ord. #94-817, S 1]
a. 
Sidewalk sales shall begin no earlier than 9:00 a.m. and end no later than 10:00 p.m.
b. 
No street or vehicle passageway within the confines of the location of the sale shall be blocked by any merchandise offered for sale or by any sign or other object used in connection with the sale. A passageway of at least four feet for pedestrians on pedestrian sidewalks shall be left open, and merchandise shall be securely placed so that it will not endanger passers-by. Sidewalk sales shall not be operated in any manner which would cause a nuisance or create a fire hazard.
c. 
Music and sound amplification equipment is not permitted.
d. 
The provisions of this Code regulating temporary commercial and professional signs (subsection 16-5.13a18 hereof) shall apply to sidewalk sales provided, however, that during a sidewalk sale, multi-tenanted facilities shall not be limited to only one freestanding temporary sign at a time.
e. 
Sale of food products shall be subject to the issuance of a food handling permit by the Montgomery Township Board of Health.
[Ord. 94-817, S 1]
This section shall be enforced by the Montgomery Township Zoning Officer or designee. It shall be the duty of the Zoning Officer or designee to investigate violations of this section which are brought to his/her attention.
[Ord. #94-817, S 1]
Any person or entity holding a sidewalk sale permit who violates any of the requirements set forth in this section shall be subject to immediate revocation of the permit by the Zoning Officer or designee.
Any person or entity, whether or not the holder of a sidewalk sale permit, who violates any provision of this section shall be subject to the penalties set forth in Section 1-5 of this Code.
[Ord. #09-1335, S 1]
Applicants for licenses to conduct a game of chance known as a bingo or a raffle must comply in all respects to N.J.S.A. 5:8-24 et seq., and N.J.S.A. 5:8-50 et seq., in regard to qualifications, applications, regulations and licensing. All applications must be filed with the Municipal Clerk together with the required fees pursuant to law.
[Ord. #09-1335, S 1]
The Municipal Clerk is hereby designated as the issuing authority and is delegated the authority to approve the granting of raffle and bingo licenses to be held in the Township of Montgomery.
[Ord. #09-1335, S 1]
A bingo or raffle license may be issued for any day of the year without limitation as provided by N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58.