[1967 Code § 8B-1-1; Ord. No. 33-79 § 1]
The Township Committee hereby finds and declares that:
a.
Alarm systems and devices to detect and report emergencies such as
burglary and fire have been installed in numerous residential, commercial
and industrial premises in the Township.
b.
Many alarm companies have contracted with the owners and occupants
of premises in the Township for the sale or leasing, installation,
operation and maintenance of private alarm systems, which contracts
provide for the connection of the private alarm systems to central
alarm panels in the Township's law enforcement building or fire headquarters.
c.
Unless the various systems and devices of the many alarm companies
are uniformly regulated there will be an unnecessary drain on the
manpower, time, space, facilities and finances of the Township and
its public safety departments; deterioration of the quality of, and
inefficiency in, the service to persons subscribing to the alarm services;
and confusion or inequities among the alarm companies of the Township.
d.
The public interest, therefore, requires the enactment of standards,
procedures and regulations to control the use of private emergency
alarm systems and devices in the Township.
[1967 Code § 8B-1-2; Ord. No. 33-79 § 1]
The purpose of this section is to provide standards, procedures
and regulations for various types of burglar, fire and other private
alarm systems or warning devices which require a response by the Police
Department, Fire Department or other Township agency.
[1967 Code § 8B-1-3; Ord. No. 33-70 § 1]
The provisions of this section shall apply to any person, other
than the Township, who operates, maintains or owns any private alarm
system or warning device designed to summon the Police, Fire Department
or other Township agency to any location in response to the signal
of any type of emergency alarm. This section shall not be construed
to prohibit alarm companies from providing alarm services to other
offices within or without the Township so long as such services are
not connected to the alarm register at the fire headquarters or the
alarm panel at the law enforcement building. No person shall have
premises protected by a private alarm system or warning device unless
the alarm system or warning devices is registered in accordance with
this section.
[1967 Code § 8B-1-4; Ord. No. 33-79, § 1]
As used in this section the following terms shall include the
meanings given herein.
Shall mean the component of the communications console in
the Township's law enforcement building which indicates the existence
of any emergency.
Shall mean the panel in the Township's fire headquarters
which indicates the existence of a fire.
Shall mean the console or control panel located in the Township's
law enforcement building which gives either visible and/or audible
indications of alarms.
Shall mean the actuation of an alarm system or warning device
by causes other than those to which the alarm system or warning device
was designed or intended to respond, or the testing of alarms required
by law or practice without prior notice to the police department.
Shall mean the person obtaining the license to install, operate
and maintain the alarm panel in the law enforcement building.
Shall mean any device installed to serve an improved property
and designed to sound an alarm by a bell, horn, siren or other noisemaking
instrument located upon the property where the device is installed
and audible beyond the limits of the property in the event of the
presence of fire, smoke or similar hazards, unauthorized entry, the
commission of an unlawful act, or any one or more of the foregoing,
but is not connected to the alarm panel in the law enforcement building
or alarm register in the fire headquarters. Any equipment which combines
the characteristics of a private alarm system and a warning device
shall be classified as a private alarm system for the purpose of this
section.
Shall mean and include any partnership, corporation or association,
or any other legal entity, as well as a natural person.
Shall mean any system installed to serve an improved property
and designed or used for detection of fire, smoke or similar hazards,
the detection of unauthorized entry, the commission of an unlawful
act, or the detection of any one or more of the foregoing, or for
reporting any emergency, which system communicates or causes the communication
of information to the alarm panel in the Township's fire headquarters.
A private alarm system includes, but is not limited to, any one of
the following types:
Lease line system which provides direct connection by a telephone
lease line from a specific location to the alarm panel or alarm register
with a visible or audible signal.
Tape dialer system which automatically selects a telephone trunk
line and then reproduces a prerecorded message to a special telephone
device rather than to the alarm panel or alarm register.
Telephone call system which automatically alerts a person, beyond
the limits of the property served, who is engaged in the business
of relaying information by telephone to the Township Police Department
or Fire Department or reacting independently of the Police or Fire
department.
[1967 Code § 8B-2-1; Ord. No. 33-79, § 1]
a.
There is hereby established an alarm panel license, which shall be granted upon recommendation of the Township Committee in accordance with subsection 4-1.6.
b.
Except for use by the Township Police Department, the licensee shall
have exclusive use and control of the alarm panel in the communications
console in the law enforcement building as provided in the specifications
for the alarm panel. The licensee shall be responsible, at no cost
to the Township, for the furnishing, installing, operating and maintaining
of the alarm panel which shall contain the equipment approved by the
Township Committee. The licensee shall, at no cost to Millburn Township,
locate the panel and, if necessary, relocate the panel, under the
supervision of the Chief of the Township Police Department.
[1967 Code § 8B-2-2; Ord. No. 33-79 § 1; Ord. No. 34-83 § 1; Ord. No. 21-94 § 1]
a.
Specifications. The Chief of Police shall prepare written specifications
covering the alarm panel.
b.
Qualifications. Persons desiring to bid for the license shall complete
and submit the qualifications questionnaire attached to the bid proposal.
Proposals that are not accompanied by a completed qualifications questionnaire
shall be rejected. The questionnaire shall include the following information
concerning the bidder's ability to comply with the requirements of
this section and the Local Public Contracts Law:
c.
Advertisement for Bids. Upon adoption of this section the Township
Committee shall authorize the Township Clerk to publish an advertisement
inviting sealed proposals for the installation, operation and maintenance
of the alarm panel in accordance with the provisions of this section
and of the specifications.
d.
Submission of Proposals. The proposals shall be in the form prescribed
by the specifications and shall include, but not be limited to, the
following:
1.
A description of the alarm panel to be installed.
2.
A guarantee that the licensee will complete the installation and
have it in working order on or before the date stated in the specifications.
3.
A deposit of ten thousand ($10,000.00) dollars in cash or by certified
or cashier's check to guarantee installation and good working order
within the specified time, or in default thereof, to reimburse the
Township for damages incurred, including expense of maintenance of
any temporary alarm system the Township deems necessary.
4.
A certificate of consent of a surety company licensed to transact
business in the State of New Jersey, to issue a twenty-five thousand
($25,000.00) dollar non-cancellable performance bond to guarantee
performance of the contract by the successful bidder during the term
of the license.
5.
A certificate by an insurance company licensed to transact business
in the State of New Jersey agreeing to issue an annual non-cancellable
comprehensive general liability insurance policy (including contractual
and products liability) in the minimum amount of five hundred thousand
($500,000.00) dollars per person and one million ($1,000,000.00) dollars
per occurrence for bodily injury and two hundred fifty thousand ($250,000.00)
dollars for property damage.
6.
Any alarm panel licensee or retransmission fire alarm register licensee
may not charge a service connection fee to a subscriber who is already
connected to the panel or register when a license contract with the
Township is executed. Connection fees may be charged up to the limit
of the bid to any one who subscribes after the license contract is
executed with the Township.
e.
Award of License. The Township Committee reserves the right to reject
any and all bids, to waive informalities and technical defects therein
and to award a license and contract to the person whose bid is most
advantageous to both the permittees and the Township.
f.
Remittance to Township. The contract shall provide that the licensee
shall remit to the Township of Millburn annually, not later than the
ninetieth (90th) day after the anniversary date of the execution of
the original contract, a sum equivalent to fifteen (15%) percent of
the gross revenues payable to the licensee by permittees in the Township
(inclusive of the amounts, if any, payable to the licensee for business
conducted as a permittee). The contract shall further provide that
the books and accounts of the licensee shall be open to inspection
by the Township Auditor or other duly designated representatives of
the Township for the purpose of verifying the amount due to the Township
under this provision.
g.
Term of License. The licensee's obligation to maintain and operate
the alarm panel shall continue until the expiration date or earlier
termination of the license at which time the licensee shall cooperate
in the transfer of the operation to the successor licensee so that
there will be no interruption in the protection of the permittees.
Except for prior revocation on thirty (30) days' written notice by
the Township in event of default by the licensee or in the event the
Township cancels the license, the term of the license shall be for
a period of three (3) years.
h.
Indemnification of Township. The licensee shall assume all liability
and shall agree to indemnify and save harmless the Township of Millburn,
its officers, agents and employees for or on account of any acts or
omissions directly or indirectly related to the installation, operation
or maintenance of the alarm panel.
i.
Disconnections from Panel. The licensee shall notify the Chief of
Police or his authorized representatives in writing three (3) days
prior to disconnecting any private alarm system from the alarm panel.
j.
Installation of Annunciator Panel. The licensee shall install an
annunciator panel having a minimum of nine hundred ninety-nine (999)
zones, which panel shall be approved by the Underwriters Laboratories.
k.
Renewals of License. Renewals of the license or award of new licenses
after expiration or cancellation shall be accomplished by following
the procedure of this section.
[1967 Code § 8B-3-1; Ord. No. 33-79, § 1]
No person shall install, maintain, use, or cause or permit to
be used any private alarm system within the Township unless a permit
therefor has been issued by the Chief of Police or Fire Chief of the
Township in accordance with the provisions of this section. No person
shall use a private alarm system during any period when the permit
therefor has expired or is suspended.
[1967 Code § 8B-3-2; Ord. No. 33-79 § 1]
Any person desiring to use a private alarm system upon improved
property owned or occupied by such person shall submit a written application
to the Chief of Police for a permit to connect such system to the
alarm panel or to the Fire Chief for a permit to connect such system
to the alarm register. The application shall be on forms to be furnished
by the Chief of Police and Fire Chief which shall require the following
information over the signature of the applicant;
a.
The name, address, and telephone number of the applicant.
b.
The location of the property to be served.
c.
The name, address and telephone number of the company which will
furnish and maintain the private alarm system.
d.
The name and telephone number of a person to be notified of a faulty
private alarm system at any time when no one is present on the property
served by the system.
e.
The particular type of private alarm system for which the permit
is sought.
f.
An agreement to release the Township, its officers, agents and employees,
from any and all liability or damages which may flow or result from
any and all actions of the Township, its agents, servants or employees,
and, further, to indemnify and save harmless the Township of Millburn,
its officers, agents and employees, for or on account of any acts
of omissions directly or indirectly related to the installation, operation
or maintenance of the alarm panel and alarm register and the connection
of the applicant's private alarm system thereto.
g.
Consent to inspection of the premises on which the private alarm
system is installed at reasonable hours by the Chief of Police and/or
Fire chief, or their designated representatives.
[1967 Code § 8B-3-3; Ord. No. 33-79 § 1; Ord. No. 16-88 § 1; Ord. No. 21-94 § 3]
a.
To the Township. At the time an application is submitted and by January
15th of each year as long as the permit is in force, the permittee
shall pay to the Township of Millburn an annual fee for the privilege
of connection to the panel or register in the amount of forty ($40.00)
dollars.
b.
To the Licensee. The permittee shall pay to the licensee a connection
fee and a monthly service charge not in excess of the amounts stated
in the licensee's bid.
c.
No Proration Delinquent Fees. Any permit issued between January 1
and October 15 shall require the same fees, no portion of which shall
be prorated, but these fees shall be refunded to the applicant in
the event a permit is not issued. Any permit issued between October
15 and December 31 shall be valid until December 31 of the following
year. If the permittee shall fail, neglect or refuse to comply with
the permittee's obligation to pay the annual fee, connection fee or
monthly charge to the Township and/or licensee, and shall remain in
such default for thirty (30) days, the Chief of Police and/or Fire
Chief or their designated representatives are authorized, on five
(5) days' notice to such permittee, to disconnect the permittee's
alarm system from the panel or register. In such event, the alarm
system shall not be reconnected except upon payment of all arrearages
as well as the renewal fees, which shall be the same as the initial
fees.
[1967 Code § 8B-3-4; Ord. No. 33-79 § 1]
The Chief of Police and Fire Chief shall issue a permit for
a private alarm system unless they find that the system covered by
the application does not meet applicable standards. Whenever the Chief
of Police and Fire Chief shall refuse to issue a permit, they shall
advise the applicant in writing of the reason or reasons for refusal.
[1967 Code § 8B-3-5; Ord. No. 33-79, § 1]
Every permit issued for a private alarm system shall expire
on December 21 of the year in which it was issued, with the exception
of those issued between October 15 and December 31 which shall be
valid until December 31 of the following year.
[1967 Code § 8B-3-6; Ord. No. 33-79 § 1]
All permits for a private alarm system shall be issued upon
the following terms and conditions:
a.
A permit shall be issued for each separate improved property, store,
building or other facility, and no permit shall be transferred or
assigned in any manner.
b.
If required, an applicant shall furnish complete information and
specifications for the system. Such information shall include specific
data relating to testing procedures and the prevention of false alarm.
c.
Any private alarm system connected directly to the alarm panel or
alarm register shall have a voltage compatible therewith.
d.
Each person or separate business entity shall have a single permit.
If the alarm covers an area of more than ten thousand (10,000) square
feet unless waived by the Chief of Police or Fire Chief, the applicant
shall provide an annunciator mechanism at a place approved by the
Chief of Police or Fire Chief indicating the location of the emergency.
e.
Every permit shall be subject to rules and standards which may be
promulgated by the Chief of Police with respect to private alarm systems.
Such rules shall be in writing and shall be given to each permittee
at the time of issuance or renewal of any permit or at the time of
promulgation or amendment.
[1967 Code § 8B-3-7; Ord. 33-79 § 1]
Any permit issued for a private alarm system may be suspended
by the Chief of Police of Fire Chief if it shall appear that:
a.
The permittee has failed to comply with the terms and conditions
of the permit or has failed to comply with rules and standards promulgated
by the Chief of Police with respect to private alarm systems;
b.
The permittee or his agents knowingly installed or maintained a faulty
private alarm system; or
c.
The permittee or his agents failed to comply with a request by the
Chief of Police or Fire Chief to render necessary services to a faulty
private alarm system within eight (8) hours after such request is
made or failed to disconnect such system within such period and until
such system has been repaired.
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Three (3) false alarms within any calendar year shall constitute
prima facie evidence that a private alarm system is faulty and is
in violation of this chapter. In the case of false alarm any person
having knowledge thereof shall immediately notify the Police or Fire
Department. In addition, in the case of false alarms the Chief of
Police and/or Fire Chief shall cause an investigation to be made and
keep a record of said alarms on file. If in the event of a false alarm
the Police Department or Fire Department are advised of the name,
address, preassigned code number, and that the alarm is false before
Police or Fire vehicles or personnel arrive at the scene, the false
alarm may not, in the discretion of the Police or Fire Chief or their
designee, be deemed to be a false alarm. If in the event of the testing
of a private alarm system or local alarm the Police or Fire Department
receive prior notice of at least five (5) minutes before each test,
the alarm will not be deemed a false alarm.
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Where the investigation of the Police and/or Fire Department
discloses continued abuse of the privilege of connection to the alarm
panel or register and a disregard by the permittee to take remedial
steps to avoid false alarms, the Chief of Police or the Fire Chief
may suspend the permit for a limited or permanent time provided that
no such permit shall be revoked or suspended without giving the permittee
an opportunity to show cause before the Police or Fire Chief why such
action should not be taken. A suspension shall be terminated by the
Chief of Police or Fire Chief when he is satisfied that the conditions
stated in the notice of suspension have been corrected.
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[1967 Code § 8B-3-8; Ord. No. 33-79 § 1; Ord. No. 16-88 § 2]
a.
Prohibition Against New Tape Dialer Systems No application for initial
permits shall be filed or accepted for any tape dialer system. This
prohibition against new tape dialer systems shall have no effect upon
the renewal of a permit for any such system as to which an initial
permit has previously been issued to the same person.
b.
Regulations on Renewal of Tape Dialer Permit. No renewal permit for
a tape dialer system shall be issued unless the system complies with
the other provisions of this section and is also:
1.
Approved by the Chief of Police or Fire Chief after approval thereof
by the Bell Atlantic—New Jersey and the performance of a test
alarm conducted by or on behalf of the applicant.
2.
Coded to dial a special number which shall be provided by the Chief
of Police or Fire Chief; no tape dialer system shall be coded to dial
the number of the general Police switchboard of the Township.
3.
Coded to notify a relative, neighbor, or other third party who shall
be named in the registration required by this section.
4.
Capable of being disconnected by the owner to permit a call to the
Police switchboard in the event that a false alarm occurs.
5.
Worded in an intelligible format approved by the Chief of Police
or Fire Chief and complying with the following requirements:
(a)
No message shall be transmitted more than three (3) times as
a result of a single stimulus of the mechanism.
(b)
Messages shall not exceed fifteen (15) seconds and the time
gap between delivery shall be approximately ten (10) seconds.
(c)
The messages shall contain in the following order (a) the alarm
number provided by the Police Department, (b) the name of the resident
or business and (c) the street address of the premises alarmed.
6.
Adjusted so as to suppress false indications and not to be actuated
by impulses due to pressure changes in water pipes, short flashes
of light, wind, noises, rattling, or vibration of doors or windows
or other forces unrelated to general alarms.
7.
Provided with an automatic line seizure device in the event the line
is busy with an incoming or outgoing call.
c.
Fees for Renewal of Tape Dialer Permit. The permittee of each tape
dialer system shall pay to the Township an annual fee of twelve ($12.00)
dollars to cover the cost of registration and testing, and to amortize
the cost of the special telephone line or lines required in the law
enforcement building and Fire Department along with ancillary tape
devices necessitated by these systems. If any permittee shall fail,
neglect or refuse to pay the annual fee and shall remain in such default
for thirty (30) days, the Chief of Police or Fire Chief or designated
representative is authorized, on five (5) days' notice to such permittee,
to disconnect the permittee's alarm system.
d.
Terms and Conditions of Renewal of Tape Dialer Permit.
1.
If any person has a tape dialer system in existence at the time of
the passage of this section, he shall have thirty (30) days in which
to re-program the equipment to comply with the terms of this section
and in which to pay the annual fee. Any person failing to comply therewith
shall be in violation of this section.
2.
If any type dialer system shall hereafter be found to be dialing
the general Police or Fire Headquarters number rather than the special
telephone number reserved for tape dialers, the occupant of the building
or other person in whose name the telephone is listed shall be sent
a notice in writing by the Chief of Police or Fire Chief requiring
compliance with the terms of this section. If the occupant or telephone
subscriber shall fail within thirty (30) days after receipt of the
notice to comply, he shall be in violation of this section.
3.
Effective January 1, 1990, the tape dialer system of alarm will not
be a permitted alarm system with the Township of Millburn.
[Ord. No. 21-94 § 4]
The line maintenance fee for an alarm master box shall be forty-eight
($48.00) dollars per year, except that there shall be no fee for alarm
master boxes in governmental facilities.
[1967 Code § 8B-4-1; Ord. No. 33-79 § 1]
Every person who installs, maintains or uses a local alarm within
the Township shall notify the Chief of Police of such device by completing
and filing with the Chief of Police a form to be furnished by the
Chief of Police providing for the following information:
a.
The name, address and telephone number of the owner or occupant of
the property served by the warning device.
b.
The location of the property served and the location of the device
on the property.
c.
The name, address and telephone number of any company installing
of maintaining the warning device.
d.
The type of device.
e.
The name and telephone number of a person to be notified of a faulty
local alarm at any time when no one is present on the property served
by the local alarm.
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Owner of local alarms upon registration shall be deemed as having consented to inspection of the premises in which the alarm devices are installed at reasonable hours by the Chief of Police and/or Fire Chief, or their designated representatives. Owner of local alarms shall be governed by the false alarm procedure set forth in subsection 4-1.16. All local alarms shall be equipped with a time relay or battery to limit the sounding of alarms to thirty (30) minutes or less.
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[1967 Code § 8B-5-1; Ord. No. 33-79 § 1]
Every person who installs, maintains or uses a private alarm
system or warning device to serve an improved property within the
Township shall maintain it in good repair and proper working condition,
shall meet the standards which may be promulgated by the Chief of
Police or Fire Chief to prevent faulty systems or devices, and shall
promptly correct or disconnect any faulty system or device upon notice
from the Chief of Police or Fire Chief that the system or device is
sounding an inordinate number of false alarms.
[1967 Code § 8B-5-2; Ord. No. 33-79 § 1; Ord. No. 16-88 § 3; Ord. No. 21-94 § 5]
Every sounding warning device shall be equipped with a cut-off
mechanism which will terminate the sound after fifteen (15) minutes.
If the sound does not terminate after fifteen (15) minutes, the Police
shall have the right to use minimal necessary force to disconnect
the sounding device. The minimum fine for violation of this section
shall be twenty-five ($25.00) dollars.
[1967 Code § 8B-5-3; Ord. No. 33-79 § 1]
Any person aggrieved by the action of the Chief of Police or
Fire Chief in the issuance, denial or suspension of a permit for a
private alarm system or with respect to the installation, operation
or maintenance of any alarm equipment shall have the right of appeal
to the Township Business Administrator. The appeal shall be taken
by filing with the Administrator, within fourteen (14) days after
the notice of the action complained or has been mailed to the person's
last known address, a written statement setting forth fully the grounds
for appeal. The Administrator shall set a time and place for the hearing
of the appeal, and notice of the hearing shall be given to the appellant
by certified mail to his/her last known address at least five (5)
days prior to the date set for the hearing. The decision of the Chief
of Police or Fire Chief shall be affirmed, modified or reversed, and
the reasons therefor shall be set forth in a letter to the applicant.
[1967 Code § 8B-5-4; Ord. No. 33-79 § 1]
The Township and the Township Police and Fire Departments shall
not assume any responsibility whatsoever to any licensee, permittee
or other person with respect to the adequacy, operation or maintenance
of the alarm panel, alarm register or any private alarm system or
warning device. No action taken by either the Township or the Township's
Police or Fire Departments pursuant to the provisions of this section
shall create any liability upon either the Township or the Township's
Police or Fire Departments by reason of any failure of any private
alarm system or warning device, any failure to respond to any private
alarm system or warning device. Every permittee who accepts a permit
for a private alarm system or registers a warning device agrees to
hold and save harmless the Township and its Police and Fire Departments,
their agents and employees from any liability whatsoever in connection
with the alarm system or warning device. The alarm panel and register
and allied equipment shall be maintained at the will of the Township
Committee and are subject to termination at any time by cancellation
of the system by resolution duly adopted by the Township Committee.
Any individual permit issued hereunder may be revoked at will by the
Township Committee upon recommendation of the Business Administrator
provided that thirty (30) days' notice is given in writing to the
permittee.
[1967 Code § 8B-5-5; Ord. No. 33-79 § 1; Ord. No. 16-88 § 4; Ord. No. 23-89 § 1]
Any person who violates any provision of this section shall, upon conviction, be subject to a penalty as stated in Chapter 1, Section 1-5.
The following shall be the minimum fine for either a residential
property or a business property within a period of one (1) calendar
year:
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Upon sixth false alarm
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$50.00
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Upon seventh false alarm
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$75.00
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Upon eighth and each false alarm thereafter
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$100.00
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The alarm panel and register and allied equipment shall be maintained
at the will of the Township Committee and are subject to termination
at any time by cancellation of the system by resolution duly adopted
by the Township Committee. Any individual permit issued hereunder
may be revoked at will by the Township Committee upon recommendation
of the Business Administrator, provided that thirty (30) days' notice
is given in writing to the permittee.
[Ord. No. 2522-18]
The following terms when used in this Section shall have the
meaning indicated:
Means the cost of processing an application for a Right-of-Way
Permit, including, but not limited to, all professional fees such
as engineer and attorney costs to the Township.
Means the Governing Body of the Township of Millburn.
Means the B-1, B-2, B-3, B-4, OR-1, OR-2, OR-3, CMO, CD and CE, zones as designated in Article 6 of the Township of Millburn Development Regulations.
Means the R-O, R-3, R-4, R-5, R-6, R-7, and R-8, of the Township
of Millburn Development Regulations.
Means a small box-like or rectangular structure used to facilitate
utility or wireless service from within the Municipal Right-of-Way.
Means the part of the electric system, after the transmission
system, that is dedicated to delivering electric energy to an end
user.
Means a pole that is in lawful existence within the Municipal
Right-of-Way.
Means a Cabinet that is not attached to an Existing Pole
and is touching the ground.
Means the surface of, and the space above or below, any public
street, road, lane, path, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the Township as an easement
or in fee simple ownership. This term also includes any other area
that is determined by the Township to be a right-of-way in which the
Township may allow the installation of Poles, Cabinets and Antennas,
as well as rights-of-way held by the County of Essex where the Township's
approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
Means a long, slender, rounded support structure constructed
of wood or metal located in the municipal right-of-way.
Means a device that is attached to a Pole and used to transmit
radio or microwave signals and shall include, but not be limited to,
small cell equipment and transmission media such as femtocells, picocells,
microcells, and outside distributed antenna systems.
Means a Cabinet that is proposed to be placed on an Existing
Pole or Proposed Pole.
Means a Pole that is proposed to be placed in the Municipal
Right-of-Way.
Shall mean an agreement that sets forth the terms and conditions
for use of the Municipal Right-of-Way and includes, but is not limited
to, municipal franchise agreements.
Means an approval from the Township Committee setting forth
applicant's compliance with the requirements of this section.
Means Existing Poles within the same right-of-way which are
located within five hundred (500) feet of the Proposed Pole.
Means companies subject to regulation by the New Jersey Board
of Public Utilities under Chapter 48 of the Revised Statutes.
Means electric, telephone or cable service.
[Ord. No. 2522-18]
[Ord. No. 2522-18]
a.
Notwithstanding any franchise or Right-of-Way Agreement to the contrary,
all facilities proposed to be placed within the Municipal Right-of-Way
by a Utility Regulated by the Board of Public Utilities and all other
entities lawfully within the Municipal Right-of-Way shall be subject
to the standards and procedures set forth in this section and shall
require Right-of-Way Permits for the siting of Poles, Antennas and
Cabinets in the Municipal Right-of-Way.
[Ord. No. 2522-18]
a.
No Pole, Antenna or Cabinet shall be installed within the Municipal
Right-of-Way without the issuance of a Right-of-Way Permit.
b.
Pole Siting Standards.
1.
Height. No Proposed Pole shall be taller than thirty-five (35) feet
or one hundred ten (110%) percent of the height of Poles in the Surrounding
Streetscape, whichever is higher.
2.
Distance from curb line. No Proposed Pole shall be farther than eighteen
(18) inches from the curb line.
3.
Location, Safety and Aesthetics. No Proposed Pole shall be erected
in the Right-of-Way unless it:
(a)
Is replacing an Existing Pole; or
(b)
Approved pursuant to a land development application by either
the Zoning Board of Adjustment or Planning Board pursuant to a land
use application; or
(c)
Located on the opposite side of the street from the Electric
Distribution System; and
(d)
For sites in the Residential Zones is a minimum of two hundred
(200) linear feet from any other Existing Pole or Proposed Pole along
the same side of the street, or for sites in the Non-Residential Zones
is a minimum of one hundred (100) linear feet from any other Existing
Pole or Proposed Pole along the same side of the street; and
(e)
Is not located in an area with underground utilities; and
(f)
Does not inhibit any existing sight triangles or sight distances;
and
(g)
Allows adequate room for the public to pass and re-pass across,
along and through the Right-of-Way; and
(h)
Is finished and/or painted and/or otherwise camouflaged, in
conformance with best available stealth technology methods, so as
to blend in compatibly with its background and so as to minimize its
visual impact on surrounding properties.
c.
Ground Level Cabinet Siting Standards.
1.
Ground Level Cabinets are prohibited in the Municipal Right-of-Way
in the Residential Zones and any future residential zones.
2.
Ground Level Cabinets are permitted in the Non-Residential Zones
provided that such Ground Level Cabinet:
(a)
Is less than twenty-eight (28) cubic feet in volume; and
(b)
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties; and
(c)
Does not inhibit any existing sight triangles or sight distance;
and
(d)
Allows adequate room for the public to pass and repass across,
along and through the Municipal Right-of-Way.
d.
Pole Mounted Antenna and Pole Mounted Cabinet Siting Standards.
1.
Pole Mounted Antennas are permitted on Existing Poles, provided that
each Pole Mounted Antenna:
(a)
Does not exceed three (3) cubic feet in volume; and
(b)
Is finished and/or painted and/or otherwise camouflaged, in
conformance with best available stealth technology methods, so as
to blend in compatibly with its background and so as to minimize its
visual impact on surrounding properties; and
(c)
Does not inhibit any sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across,
along and through the Municipal Right-of-Way.
2.
Pole Mounted Cabinets are permitted on Existing Poles in all Residential
Zones and Non-Residential Zones provided that each Pole Mounted Cabinet:
(a)
Does not exceed sixteen (16) cubic feet; and
(b)
Is finished and/or painted and/or otherwise camouflaged, in
conformance with best available stealth technology methods, so as
to blend in compatibly with its background and so as to minimize its
visual impact on surrounding properties; and
(c)
Does not inhibit any sight triangles or sight distance; and
(d)
Allows adequate room for the public to pass and repass across
the Municipal Right-of-Way.
3.
The Township may also require that an applicant provide a certification
from a Licensed Professional Engineer attesting to the structural
integrity of any Pole Mounted Antenna or Pole Mounted Cabinet.
[Ord. No. 2522-18]
a.
Pre-Application Meeting. Prior to making a formal application with
the Township for use of the Municipal Right-of-Way, all applicants
are advised to schedule a meeting with the Township Engineer to review
the scope of the applicant's proposal.
b.
The Township Committee shall, by resolution, approve or disapprove
every Right-of-Way Permit application based on the recommendations
provided to it pursuant to paragraphs e and f below.
c.
All applications made under this section shall be expedited so as
to comply with the shot clocks set forth in the FCC Order entitled
"Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless
Broadband Deployment by Removing Barriers to Infrastructure Investment,"
WC Docket No. 17-84.
d.
Every application made pursuant to this section must include a signed
and sealed survey prepared by a New Jersey Licensed Professional Land
Surveyor demonstrating that any Proposed Pole and/or Proposed Ground
Level Cabinet is located within the Municipal Right-of-Way. Any such
application which does not include such a survey shall immediately
be deemed incomplete.
e.
New Poles and Ground Level Cabinets.
1.
The Planning Board shall, pursuant to N.J.S.A. 40:55D-25(B)(3), review
applications for the placement of New Poles and Ground Level Cabinets
within the Municipal Right-of-Way and advise the Township Committee
of its recommendation to approve or disapprove same.
(a)
If the Planning Board recommends the disapproval of a Right-of-Way
Permit, it shall set forth the factual basis for such a disapproval
in writing.
f.
Pole Mounted Antenna and Pole Mounted Cabinets.
1.
The Township Engineer shall review applications to place Pole Mounted
Antenna and Pole Mounted Cabinets within the Municipal Right-of-Way
and advise the Township Committee of his or her recommendation to
approve or disapprove same.
(a)
If the Township Engineer recommends the disapproval of a Right-of-Way
Permit, he or she shall set forth the factual basis for such a disapproval
in writing.
g.
If the Township Committee denies any application for a Right-of-Way
Permit under this section, it shall do so in writing and set forth
the factual basis for the denial.
h.
Waiver. The Township Committee may waive any siting standard set forth in Section 4-2.5 where the applicant demonstrates that the strict enforcement of said standard:
1.
Will prohibit or have the effect of prohibiting any interstate or
intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
2.
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
3.
Will violate any requirement set forth in the FCC Order entitled
"Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless
Broadband Deployment by Removing Barriers to Infrastructure Investment,"
WC Docket No. 17-84; or
4.
Will prohibit, or have the effect of prohibiting, the ability of
an entity to provide Utility Service to any prospective customer within
the Township .
[Ord. No. 2522-18]
b.
Deposit Towards Anticipated Municipal Expenses.
1.
In addition to the Right-of-Way Permit Fee, the Township Engineer
may, in his or her sole discretion, require the posting of a two thousand
dollar ($2,000.00) Deposit Towards Anticipated Municipal Expenses
related to an application made pursuant to this Article.
2.
Any applicant's Deposit Towards Anticipated Municipal Expenses shall
be placed in an escrow account. If said deposit contains insufficient
funds to enable the Township to perform its review, the Township's
Chief Financial Officer of the Township shall provide applicant with
a notice of insufficient balance. In order for review to continue,
the applicant shall, within ten (10) days of said notice, post a deposit
to the account in an amount to be mutually agreed upon.
3.
The Township's Chief Financial Officer shall, upon request by the
applicant, after a final decision has been made by the Township Committee
regarding the pending Right-of-Way Permit application, refund any
unused balance from the applicant's Deposit Towards Anticipated Municipal
Expenses.
[Ord. No. 2522-18]
a.
Any Right-of-Way Permit approved pursuant to this section does not
relieve the applicant from receiving consent from the owner of the
land above which an applicant's facility may be located as may be
required by New Jersey law.
b.
In addition to receiving a Right-of-Way Permit, an applicant must
also receive all necessary road opening permits, construction permits
and any other requirement set forth in the "Revised General Ordinances
of the Township of Millburn", or New Jersey statute.
c.
The Township's consent for use of County Roads, as required pursuant
to N.J.S.A. 27:16-6, shall take the form of a Right-of-Way Permit
subject to the standards and application process set forth in this
section. No such applicant shall be required to enter into a Right-of-Way
Agreement with the Township.
For State law authorizing the Township to license and regulate
amusement places and businesses, see N.J.S.A. § 40:52-1(f).
|
PART I. PUBLIC EXHIBITIONS
|
[1967 Code § 4-1-1]
As used in this section:
Shall mean and include travelling or other shows, circuses,
public plays, public dances, concerts, theatrical performances, motion
picture shows, street parades and the theatres, showhouses, opera
houses, concert halls, dance halls, grounds or other structures or
equipment wherein or whereon the same may be produced, shown or participated
in.
[1967 Code § 4-1-2]
Except as provided in this section, no public exhibition as defined in subsection 4-3.1 shall be produced, presented or participated in within the Township unless a license shall have been duly issued and shall be in effect authorizing the same. No license shall be required for any public exhibition given under the direction of the Board of Education of the Township or the Board of Recreation Commissioners thereof; nor shall any license be required for any public exhibition, other than a circus or a carnival, given by and for the sole benefit of a religious or charitable organization or school organized and conducted not for pecuniary profit.
[1967 Code § 4-1-3]
The licenses required by this section shall be issued by the
Township Clerk. Such licenses shall be issued only for such public
exhibitions as shall not appear to be likely to affect injuriously
public health, safety or welfare.
[1967 Code § 4-1-4]
Licenses under this section shall be of two (2) classes, as
follows: Class A and Class B.
Class A licenses shall authorize the licensee to conduct or
participate in the conduct of the character of public exhibition for
which the same shall issue as part of the regular business of the
licensee substantially continuously, at or in an established place
or premises, shall expire on December 31 next ensuing the issuance
thereof, and may be renewed from year to year upon payment of a fee
similar in amount to that required for the original issuance thereof
and for similar purposes.
Class B licenses shall entitle the licensee to conduct or produce
only the number of public exhibitions for which the same shall have
been applied and issued. Not more than three (3) exhibitions in any
one (1) month nor more than twelve (12) in any calendar year shall
be given or produced under a class B license.
[1967 Code § 4-1-5; New]
The fees for licenses issued under the provisions of this section
shall be as follows:
a.
For all theatres, two hundred fifty dollars ($250.00) for a class
A license, and ten dollars ($10.00) for a class B license.
b.
For circuses and carnivals, one thousand dollars ($1,000.00) per
day, irrespective of whether the license applied for is a class A
or class B license.
c.
For all others, one hundred dollars ($100.00) for a class A license
or a class B license.
[1967 Code § 4-1-6]
Any license issued pursuant to this section, after issuance
may be suspended or revoked by the issuing authority, upon affording
the licensee an opportunity to be heard by the Township Committee
when it has been made to appear that the public exhibition or the
place or premises in or on which the same is or will be conducted
thereunder is or will be injurious to public health, safety, or welfare.
[1967 Code § 4-1-7]
The holder of any license issued under the authority of this
section shall permit the inspection within reasonable hours by any
department or official of the Township or of the Board of Health thereof
or of the Board of Adjustment thereof, of the building, buildings,
lands, premises and equipment used or intended to be used by the licensee
in connection with any such public exhibition, as well as the exhibition
in the course of the actual production thereof.
[1967 Code § 4-1-8]
|
PART II. PREMISES UPON WHICH AMUSEMENT AND
RECREATIONAL DEVICES ARE OPERATED
|
[1967 Code § 4-2-1]
No person shall use, operate or maintain, for pecuniary profit,
either to the owner or tenant thereof, any lands, building, structure
or premises in the Township, to which members of the public at large
are expressly or implicitly invited, upon, in or appurtenant to which
is maintained, operated or kept for use by persons invited thereto,
any amusement or recreational device, instrumentality or equipment
in the operation or use of which any such invitee is expected, permittee
or required to participate, unless a license, as hereinafter provided,
shall have been duly issued and remain in force and effect therefor;
provided, however, that no license or payment of fee therefor shall
be required for amusement or recreational devices, instrumentalities
or equipment owned, maintained or used by the Millburn Board of Recreational
Commissioners or by any college, school, academy, seminary, church
or other educational, charitable or religious organization, association
or corporation, in, upon, appurtenant to or in connection with lands,
buildings, or other premises while actually being used for and devoted
to educational, charitable, or religious purposes, where any charge
or charges made for, or the pecuniary avails from the use of such
devices, instrumentalities or equipment shall be wholly applied to
educational, charitable or religious purposes.
[1967 Code § 4-2-2; Ord. No. 3-82 § 1]
Applications for licenses as provided in subsection 4-3.20 shall be filed with the Township Clerk upon forms to be provided by the Township and every such application shall set forth:
a.
Date of application.
b.
Name and address of applicant (if a corporation, the State of its
incorporation, location of principal office in New Jersey and name
and address of the person in New Jersey upon whom service of process
or notice against or to such corporation shall be deemed sufficient),
and the trade name and address of the location at which the device,
instrumentality or equipment shall be operated.
c.
Name of each amusement or recreational device, instrumentality or
equipment, together with brief description thereof and of the manner
of operation of the same, kept, maintained or used or intended to
be kept, maintained or used in the premises for which the license
applied for is desired; also the name and address of the manufacturer,
distributor, owner, lessor and lessee of each of the devices, instrumentalities
and equipment.
d.
Location, character and nature of any business other than that of
providing, maintaining and operating amusement and recreational devices,
instrumentalities and equipment being or intended to be conducted
upon the same premises or any part thereof.
e.
Nature and extent of applicant's interest or estate in the building
or premises for which the license is applied for and in each of the
devices, instrumentalities and equipment to be provided, maintained
and operated therein.
f.
Jurisdiction, court and date of every conviction of applicant of
crime and nature of crime of which convicted.
g.
Schedule of rates of charge which applicant intends to make for the
use of the devices, instrumentalities and equipment aforesaid and
which the rates shall not be exceeded.
h.
Location of each amusement or recreational device, instrumentality
or equipment within the designated premises.
i.
Number and type of alcoholic beverage licenses, where applicable.
j.
Name and address of the entity from whom each device is to be purchased,
rented or otherwise obtained.
k.
Terms of any and all agreements governing the acquisition, installation
and rental of all such devices.
l.
Information indicating whether the distributor of the device, any
applicant, and any lessee, owner or operator of the premises in which
the device is to be located has ever been convicted of any crime or
found guilty of the violation of any statute, rule, regulation or
ordinance pertaining to gambling or gaming.
m.
Information concerning whether or not the applicant has been previously
licensed by any public or governmental authority to maintain recreational
or amusement devices or has previously applied for such a license,
and whether or not such a license has been denied, revoked, or suspended,
and the reason therefor.
n.
The above-named applicant (by its president, if a corporation) vouches
for the truth and recognizes the materiality of all of the statements
and representations made in this application and undertakes that the
amusement and recreational devices, instrumentalities and equipment
hereinbefore described and only those shall be kept, used and operated
upon the premises for which license is hereby applied for, and that
each of such devices, instrumentalities and equipment is constructed
and designed and shall be kept and used in accordance with the laws
of the State and the provisions of this Code or other ordinances of
the Township.
Such application shall be signed and sworn to by each individual
applicant and, if applicant is a corporation, by an executive officer
thereof thereunto duly authorized, before an officer authorized by
the laws of the State to administer an oath.
[1967 Code § 4-2-3; Ord. No. 24-82 § 1; Ord. No. 19-83 § 1]
For every parcel of land, building, structure, premises or portion
thereof used or intended to be used, maintained or operated as a place
or means of maintaining, housing, or otherwise providing any amusement
or recreational device, equipment or facilities as hereinbefore described,
a license shall be required which shall be issued by the Township
Clerk. For every such license there shall be a fee or fees paid to
the Township as follows:
|
Equipment, Device or Facility
|
License Fee
|
|---|---|
|
1—5
|
$250.00 each
|
|
6—10
|
$150.00 each
|
|
11 or more
|
$100.00 each
|
[1967 Code § 4-2-4; Ord. No. 3-82 § 2; Ord. No. 24-82 § 2]
The Township Clerk shall transmit one (1) copy of the application provided for in subsection 4-3.21 to each of the following Township Officials who shall cause an investigation to be made of the applicant and a report thereon to be made to the Township Clerk:
a.
The Chief of Police, who shall determine whether or not the applicant
has ever been convicted of a crime or a violation of any provision
of this section.
b.
The Fire Subcode Official, who shall review the proposed location
and arrangement of the devices within the designated premises for
purposes of insuring fire safety.
c.
The Construction Official, who shall determine whether or not the
premises are in compliance with the construction regulations in effect
in the Township.
d.
The Zoning Official, who shall determine whether or not the premises
are in compliance with the Zoning Ordinance of the Township.
No license shall be issued to any applicant who shall have been
convicted of a crime or of the violation of any provision of this
section or where the premises are not safe from fire or do not comply
with the Construction Regulations or Zoning Ordinance of the Township.
[1967 Code § 4-2-5]
Every license issued pursuant to this section shall, while in
effect, be kept conspicuously displayed in or on the portion of the
licensed premises for which it was issued in proximity to the amusement
and recreational devices, instrumentalities and equipment therein
or thereon maintained, operated or used.
[1967 Code § 4-2-6; New]
The alteration, maintenance or use of any amusement or recreational
device, instrumentality or equipment in or on any premises licensed
pursuant to this section, in violation of the provisions of this section
or of any law of the State or of the United States shall ipso facto
work a revocation of such license. Any license issued pursuant to
this section may be revoked by the Township Committee, upon affording
to the licensee an opportunity to be heard, whenever, in the exercise
of its sound discretion, the public welfare may so require. Such revocation
may occur for the following reasons, among others:
a.
Gambling on the premises;
b.
False or incorrect material on the application or information furnished
by the applicant;
c.
Failure to maintain good and safe conduct on the premises;
d.
Violation of the laws of the State of New Jersey, or this or other
ordinances of the Township;
e.
The presence of the machines resulting in gambling, obscene and loud
language disturbing to the public or to other patrons of the premises,
creating of a nuisance, excessive noise, litter or breach of the peace
by the patrons.
[1967 Code § 4-2-8]
No prize, premium or reward shall be offered, promised or given
by or for the account of the applicant for any license pursuant to
this section for success in playing or operating any amusement or
recreational device, instrumentality or equipment in the premises
or portion thereof for which such license shall have been issued.
[1967 Code § 4-2-10]
Nothing contained in this section shall be deemed to apply to,
legalize or authorize the possession, sale, purchase, use or operation
of any "slot machine" or similar or gaming or gambling device not
or hereafter prohibited by the State or the United States law; nor
shall any amusement device be used for or devoted to gambling.
[1967 Code § 4-2-11; Ord. No. 3-82 § 4]
Licenses issued under the provisions of this section shall not
be deemed to permit the operation in or on the premises licensed of
any amusement and recreational devices, instrumentalities and equipment
between the hours of 11:00 p.m. and 9:00 a.m., unless an Alcoholic
Beverage Control license has also been issued for the premises in
which case the hours of operation for the A.B.C. license shall be
the hours of operation for the amusement or recreational device.
[1967 Code § 4-2-12]
The members of the Police Department shall be entitled and it
shall be their duty to inspect all premises licensed pursuant to this
section.
[1967 Code § 4-2-13]
No license issued pursuant to this section shall permit the
keeping, maintenance, use or operation of any amusement device which
shall have been made, altered, kept or used, or is designed or intended
in violation of or contrary to any provision of this section or of
the laws of the State or of the United States.
[1967 Code § 4-2-14]
Any amusement or recreational device, instrumentality or equipment
which is being maintained or used in violation of the provisions of
this section or of the laws of the State or of the United States,
whether located in premises licensed hereunder or otherwise, shall
forthwith be seized and removed by any member of the Police Department
who may discover the same.
Any amusement or recreational device, instrumentality or equipment
being maintained or used in violation of this section, or any State
or Federal law and which shall have been seized as hereinbefore provided
shall be disposed of as the Township Committee, after opportunity
to be heard shall have been given to the owner or bailee therefor,
may determine.
[1967 Code § 4-2-15]
[1967 Code § 4-2-16; Ord. No. 24-82 § 4; Ord. No. 19-83 § 3]
A license for more than four (4) devices for any one (1) location
shall not be issued unless:
a.
The applicant provides supervisory adult (over eighteen (18) years
of age) employees in the numbers indicated below in paragraph 1, which
employees shall have no substantial duties other than supervision
of the licensed premises and patrons therein. These employees shall
be on the premises at all times during the hours of operation.
|
PART I. CANVASSERS AND SOLICITORS
[1967 Code §§ 8-1-1 through 8-1-9, 7-16.63; Ord. No. 6-18-73; Ord.
No. 3-84; New; amended in its entirety 3-19-2019 by Ord. No. 2526-19] |
As used in this section, the following terms shall have the
meanings indicated:
Any individual, organization, group, association, partnership,
corporation or any combination of them who, in person or by representation
by one or a group of volunteer or professional workers, without invitation,
calls or applies at homes, dwellings, residences or business establishments
in the Township with the intent or for the purpose, actual or implied,
of soliciting from an occupant or the owner of any such home, dwelling,
residence or business establishment the payment, contribution or donation
of, or undertaking to pay money, the purchase, sale, acceptance or
donation of any goods or orders for the same, or subscriptions to,
or endorsement of, any publication, undertaking, project, cause, or
candidacy, or for services to be furnished or performed in the future,
whether or not such individual has, carries or exposes for sale a
sample of the subject of such sale, or whether or not he is collecting
advance payment on such sales or services; provided that the term
"canvasser" or "solicitor" shall not be deemed to include any duly
accredited representative of any municipal or governmental authority
or agency thereof, nor any person who, by or under any ordinance of
the Township or law of the state, or of the United States, is licensed
or otherwise authorized to engage in any of the activities hereinbefore
enumerated, nor any person engaged in delivering to any home, dwelling
or residence in the Township goods, wares or merchandise previously
ordered or requested by an occupant or the owner of the premises or
in exchange for any such goods, wares or merchandise, nor any person
engaged in making, receiving or lawfully endeavoring to obtain payment
for goods, wares, merchandise or other property or services sold or
rendered to or by any such occupant or owner.
No person shall engage in the business or occupation of canvasser
or solicitor without first having obtained a permit therefor. The
permit shall be issued for a period of one year from the date of issuance.
Every person applying for a commercial permit under this section
shall file with the Township Clerk a sworn application, in writing,
on a form to be furnished by the Township. The form shall contain
the following information:
a.
The name of the applicant. If the applicant will be canvassing or
soliciting on behalf of an organization, then the application shall
also contain the name and address of the organization.
b.
The address of the applicant to which all notices and communications
are to be addressed.
c.
A copy of a form of photo identification, such as a driver's license,
passport or other similar identification.
d.
Payment of an application fee of $25 per applicant for the use of
the Township to defray the cost of processing and issuing the permit.
a.
No commercial canvassing or soliciting shall be done except between
the hours of 9:00 a.m. and 9:00 p.m., Monday through Sunday.
b.
Upon going onto any premises in the Township, canvassers and solicitors
shall first examine any notice, as described below, which may be attached
to said property and shall be governed by the statement contained
on any such notice by immediately and peacefully departing from the
premises.
c.
It is hereby declared to be unlawful and shall constitute a nuisance
for any person to go upon any premises and ring the doorbell upon
or near any door or create any sound in any other manner calculated
to attract the attention of the occupant of such a residence for the
purpose of securing an audience with the occupant thereof and engaging
in canvassing or soliciting, as herein defined, in defiance of any
notice as defined below.
d.
Every person desiring to secure the protection provided by this Subsection 4-8.5 shall notify the Township of his or her desire to be placed on the nonsolicitation list maintained by the Township Clerk and may also exhibit at the front edge of the property or upon or near the main entrance door to his or her residence a notice indicating the words "no solicitors" or "no soliciting." The letters shall be at least one inch in height, and the notice shall be at least three inches by six inches in size.
e.
The permittee shall carry and exhibit his/her permit at all times
while canvassing or soliciting.
f.
The permit shall be signed and sealed by the Township Clerk, or designee,
and shall show:
1.
The name and address of the permittee, with a copy of the photo identification produced by the applicant pursuant to Section 4-8.3c;
2.
The date of issuance of the permit and the date the permit shall
expire;
3.
The kind of goods to be sold or services to be furnished or performed;
4.
The amount of fee paid.
a.
The Township Clerk shall collect, prepare and maintain a list of
addresses of those premises where the owner and/or occupant has notified
the Township that he or she does not wish for any solicitor or canvasser
to enter upon his or her property for solicitation or canvassing purposes.
1.
To be included on this nonsolicitation list, residents must complete
a form which will be made available by the Township and must submit
the completed form to the Township Clerk.
2.
This list shall be available to the general public.
3.
No canvasser or solicitor shall enter upon any private property that
is included upon the nonsolicitation list.
4.
In the event that a new owner/occupant of a property identified on
the nonsolicitation list desires to have that address removed from
the list, the Township Clerk shall remove the same upon receipt of
a written request from the new owner/occupant.
No person shall canvass or solicit:
a.
Under any permit issued to him/her as a canvasser or solicitor for
any other person, organization, society, association or corporation
for whom or for which he/she is not, at the time of such canvassing
or soliciting, a duly authorized canvasser or solicitor; or
b.
Under any permit issued to him/her as the result of any material
misrepresentation; or
c.
Under a permit not issued to him/her.
The requirements of this section shall not apply to any canvassing or solicitation conducted by any political candidate or a religious, charitable, civic, political, veteran or fraternal organization or association, service club, or volunteer fire or first aid company, provided that the requirements of Subsection 4-8.6 shall apply.
If any of the requirements of this section are not complied
with:
|
PART II. TRANSIENT MERCHANTS OR ITINERANT VENDORS[1]
|
[1]
For State law as to transient merchants, or itinerant vendors
generally, see N.J.S.A. §§ 45:24-1 to 45:24-8.
[1967 Code § 8-2-1]
As used in this section:
Shall mean and include persons, corporations or partnerships,
principal or agent, who engage in a merchandising business in the
Township with intent to close out or discontinue such business within
a period of one (1) year from the date of commencement, and including
those who for the purpose of carrying on such business, hire or lease
or occupy any land, building or structure for the exhibition and sale
of such goods, wares and merchandise; provided, however, that nothing
in this section shall be construed to affect the sale of fruits, vegetables
and farm products, such as meat, poultry, butter and eggs, if the
vendor is duly licensed according to law.
[1967 Code § 8-2-2]
All transient merchants or itinerant vendors, before offering
for sale any goods, wares, merchandise or inventory, shall under oath,
make a declaration to the Township Clerk, of the number of days they
propose to engage in such business, together with a specific statement
as to the location of such goods, wares, merchandise or inventory
by street and number or other appropriate description and whether
on the premises from which it is to be sold or in warehouses or storage.
[1967 Code § 8-2-3]
All transient merchants or itinerant vendors, as defined in
this section, before offering for sale any goods, wares, merchandise
or inventory, shall pay to the Township Clerk, for the use of the
Township, a sum of one thousand dollars ($1,000.00) and upon payment
of such sum the merchant or vendor shall be entitled to apply for
and receive a license which shall continue in favor of the person
to whom it is issued for the period of one hundred eighty (180) days
from the day of issuance.
[1967 Code § 8-2-4]
All applications for the license referred to in subsection 4-8.13 shall be sworn to and shall disclose the name or names and residences of the owners or persons in whose interest such business is conducted; and shall further state the average quantity and kind, as nearly as can be, and the value of the stock of goods, wares, merchandise or inventory intended to be sold or exposed for sale in the Township. Such applications shall also give the names and post office addresses of the persons from whom goods making up the stock were or are to be purchased and the Township Clerk in arriving at the valuation may require the submission of bills or invoices of such goods, wares, merchandise or inventory.
[1967 Code § 8-2-5]
A separate license must be obtained for each branch, establishment
or separate place of business in which the trade, following, profession
or occupation of a transient merchant or itinerant vendor is carried
on, and each license shall authorize the person obtaining it to carry
on, pursue or conduct the business of a transient merchant or itinerant
vendor only at the location or place of business which it is indicated
thereby.
[1967 Code § 8-2-6]
No license required by subsection 4-8.13 shall be issued until the applicant shall execute and deliver to the Township Clerk a good and sufficient bond with good and sufficient surety, to be approved by the Township Attorney, equal in the amount to twenty-five (25%) percent of the value of the stock of goods, wares, merchandise or inventory as shown in the declarations and disclosures required under the provisions of this section but in no event shall the bond be less than one thousand ($1,000.00) dollars. The bond shall remain in force for one (1) year, and be conditioned to indemnify and pay the Township any penalties or costs incurred in the enforcement of any of the provisions of this section, and which shall also by its terms be so conditioned as to indemnify or reimburse any purchaser of goods, wares, merchandise or inventory in a sum equal to at least the amount of any payment such purchaser may have been induced to make through the misrepresentations as to the kind, quality or value of such goods, wares, merchandise or inventory whether the misrepresentations were made by the owners or their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever printed or circulated with reference to the stock of goods, wares, merchandise or inventory or any part thereof.
[1967 Code § 8-2-7]
No license required by subsection 4-8.13 shall be issued until the applicant shall file with the Township Clerk an instrument in writing nominating and appointing the Township Clerk his/her true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license and the bond given as required by the provisions of subsection 4-8.16 or for the performance of the conditions of the bond or for any breach thereof, which instrument in writing so nominating and appointing the Township Clerk as such agent shall contain recitals to the effect that the applicant for the license consents and agrees that service of any notice or process may be made upon the agent and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this section according to the laws of this or any other State, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service or by reason of failure to receive notice of such service.
[New]
No license referred to in subsection 4-8.13 shall be issued without the submission to the Township Clerk of a copy of a valid certificate of authority issued to the transient merchant or itinerant vendor pursuant to N.J.S.A. 54:32B-15, empowering the merchant or vendor to collect sales tax.
[1967 Code § 8-2-8]
Nothing in this section shall apply to or require the obtaining
of a license by any charitable or religious society that shall conduct
sales of goods, wares, merchandise or inventory when the proceeds
thereof shall be applied to the payment of the expenses thereof and
to the charitable or religious object for which such charitable or
religious society exists.
[1967 Code § 8-2-9]
No transient merchant or itinerant vendor of goods, wares, merchandise
or inventory, as defined in this section, shall make a false or fraudulent
representation in any statement required to be filed under this section
or falsely represent, by advertising or otherwise, that such goods,
wares, merchandise or inventory are in whole or in part damaged goods
saved from fire, or make any false statement as to the previous history
or character of such goods, wares, merchandise or inventory.
|
PART III. HAWKERS AND PEDDLERS[1]
|
[1967 Code § 8-3-1]
No person shall sell or offer for sale within the Township any
goods, wares, or merchandise from a pack, or cart or on foot without
a license as provided in this section.
[1]
For State law authorizing the Township to license and regulate
hawkers and peddlers, see N.J.S.A. § 40:52-1(c).
[1967 § 8-1-5; Ord. No. 6-18-73 § 5; New]
a.
Township Clerk to Issue. All licenses for hawking and peddling required by subsection 4-8.35 shall be issued by the Township Clerk.
b.
Denial of License. If the Township Clerk shall find the applicant's
character or business responsibility is unsatisfactory, which determination
shall be based on one of the following findings or other evidence:
1.
Conviction of crime involving moral turpitude;
2.
Prior violation of a hawkers or peddlers ordinance;
3.
Previous fraudulent acts or conduct;
4.
Record of breaches of solicited contracts.
|
The Township Clerk shall deny the application in writing, and
shall send a copy, plainly marked "Not approved," to the Police Department.
|
c.
Issuance of License. If the Township Clerk shall find the applicant's
character or business responsibility satisfactory, the Clerk shall
issue the license.
[1967 Code § 8-1-8; Ord. No. 6-18-73 § 8]
Licenses issued under this section may be revoked by the Township
Committee, after notice and hearing, for any of the following causes:
a.
Fraud, misrepresentation or false statement contained in the application
for the license.
b.
Fraud, misrepresentation or false statement made in the course of
carrying on business as a hawker or peddler.
c.
Any violation of this section.
d.
Conviction of the permittee of any crime or disorderly persons offense
or violation of an ordinance which renders him or her an unfit person
to hold a permit based upon business responsibility and moral character.
e.
Conducting the business of hawking or peddling in an unlawful manner
or in such manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
|
Pending such hearing, the Township Committee shall have the
power to suspend the license for a period of not more than seven (7)
days.
|
[1967 Code § 8-3-4]
All licenses granted under the provisions of this section shall
expire on December 31 following issuance, and shall be numbered consecutively.
All licenses, not revoked or suspended, may be renewed annually, subject
to the same conditions and charges as the original license.
[1967 Code § 8-3-5; Ord. No. 12-21-70 § 1; New]
Every person licensed under the provisions of this section shall
pay an annual license fee of one hundred twenty-five dollars ($125.00).
[Ord. No. 2420-14]
The Township desires to regulate the operation of mobile ice
cream vendors, commonly known as ice cream trucks, within the Township
in order to protect the rights of property owners and residents of
the Township and otherwise promote and protect public health, safety
and welfare.
In order to effectively implement such regulation of mobile
ice cream vendors, it is necessary to establish definitions, guidelines
and procedures.
[Ord. No. 2420-14]
As used in this section:
Shall mean a Person submitting an application for a license
pursuant to this section.
Shall mean a member of the Police Department, Health Department
or Code Enforcement Official of the Township.
Shall mean a smooth, sweet, cold perishable food prepared
from a frozen mixture of milk products or juices and sometimes containing
colloidal materials and emulsifiers.
Shall mean and include a peddler or solicitor who transports
and sells ice cream, frozen or chilled snacks, water, soda, juice
and items typically provided on ice cream trucks for sale in the Township
by vehicle, such food or beverage to be sold to individual patrons
while the vehicle is stopped or parked.
Shall mean an individual employed by and who drives a mobile
ice cream vendor truck throughout the Township and sells ice cream
products pursuant to a license issued pursuant to this section.
Shall mean and include the singular and the plural and any
person, firm or corporation, association, club, partnership, society
or any other organization performing the peddling or soliciting activity.
Shall mean and include, motor trucks, motor vehicles, or
other similar types of conveyance.
[Ord. No. 2420-14]
a.
It shall be unlawful for any mobile ice cream vendor to engage in
such activity within the Township without first obtaining a license
as provided herein.
b.
The Township may issue up to two (2) mobile ice cream vendor licenses each season as set forth in subsection 4-10.6, with each license permitting the operation of up to three (3) trucks for a total of up to six (6) trucks per season. The Governing Body may increase the number of licenses that may be issued in a season by resolution. In addition to the license issued to the two (2) successful applicants for the same, each operator of a truck owned by the applicant business entity to which a license is issued shall display on the truck a copy of the license and a photo identification badge issued by the Health Officer pursuant to subsection 4-10.7a hereof.
[Ord. No. 2420-14]
All applicants shall pay the license fee required by subsection 4-10.6 if applicable, and file with the Health Officer a sworn written application, on forms to be furnished by the Township, which shall give the following information:
a.
The name of any operator, including date of birth, driver's license
number and Social Security number.
b.
The permanent home/office address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
c.
A brief statement of the nature of the business and a description
of the merchandise to be sold.
d.
A description of the vehicle(s) to be used, vehicle license number(s),
and a copy of its insurance and registration card(s).
e.
A photograph taken of an operator not more than sixty (60) days immediately
prior to the date of the application, which photograph shall clearly
show the head and shoulders of the operator and shall measure two
by two (2" x 2") inches.
f.
A statement as to whether the applicant, including any officer or
director of a corporate applicant, as well as any operator has been
convicted of any crime, misdemeanor or violation of any municipal
ordinance, other than traffic offenses, the nature of the offense
and the punishment and/or penalty imposed.
[Ord. No. 2420-14]
a.
Upon receipt of the application, the Health Officer shall transmit
the same to the Chief of Police.
b.
The Health Officer shall cause such necessary and appropriate inspections
to be made as he deems necessary for the protection of the public
welfare. If, as a result of such investigation, the health conditions
of the applicant's business premises or trucks are found to be in
noncompliance with applicable health code provisions or requirements
or otherwise unsatisfactory, the Health Officer shall endorse on the
application his disapproval and shall notify the applicant that its
application is disapproved.
c.
If, as a result of such investigation, the health conditions of the
applicant's business premises and trucks are found to be satisfactory,
the Health Officer shall endorse his approval on the application.
d.
Each operator shall be fingerprinted, which shall be coordinated
through the Millburn Police Department. All associated fees shall
be the responsibility of the applicant. The Chief of Police shall
cause to be made such investigation of the applicant's business and
operator(s) as he deems necessary for the protection of the public
welfare.
e.
If, upon review of the fingerprinting results, the applicant's/operator's
record or business responsibility is found to be unsatisfactory, the
Chief of Police shall endorse on the application his disapproval,
and the Health Officer shall notify the applicant that its application
is disapproved. Any determination by the Chief of Police that an application
is unsatisfactory shall be based upon one (1) or more of the following
findings with respect to the applicant/operator:
1.
Conviction of a crime relating adversely to the occupation of mobile
ice cream vendor, shall be determined in accordance with the provisions
of N.J.S.A. 2A:168A-2 and set forth in a written explanation provided
to the applicant based upon consideration of the following factors
or any other factors:
(a)
The nature and duties of the business for which the license
is sought;
(b)
The nature and seriousness of the crime;
(c)
Circumstances under which the crime occurred;
(d)
The date of the crime;
(e)
The age of the person when the crime was committed;
(f)
Whether the crime was an isolated or repeated incident;
(g)
Any evidence of rehabilitation, including good conduct in prison
or in the community, counseling or psychiatric treatment received,
acquisition of additional academic or vocational schooling, successful
participation in correctional work-release programs or the recommendation
of persons who have or have had the applicant/operator under their
supervision.
2.
Prior violation of a peddling or soliciting ordinance.
3.
Previous fraudulent acts or conduct.
4.
Misrepresentation or false statement contained in the application
for the license.
f.
If, upon review of the fingerprint results, the character and business
responsibility of the applicant/operator are found to be satisfactory,
the Chief of Police shall endorse approval on the application.
g.
If the Health Officer and Chief of Police shall each have endorsed
their approval on the application, the Health Officer shall deliver
to the applicant the license. The Health Officer shall keep a record
of all licenses and complaints received, if any, concerning each license.
h.
The license, and operator identification badge issued hereunder shall
contain the signature of the Health Officer and shall show:
1.
The name, address and photograph of the licensee.
2.
The class of license issued.
3.
The kind of food to be sold or distributed thereunder.
4.
The date of issue.
5.
The length of time the license shall be operative.
6.
The license number and other identifying description of any vehicle
used in the activity licensed.
[Ord. No. 2420-14]
The fee for each license shall be one hundred dollars ($100.00).
The license shall be valid between May 1 and the day after Labor Day
in the year of its issuance and on weekends thereafter through October
of that year.
[Ord. No. 2420-14]
a.
Every holder of a mobile ice cream vendor license issued by the Health
Officer under the authority of this section shall be required to display
the license while engaged in the business or activity licensed within
the limits of the Township. The license shall be prominently displayed
on or in the vehicle. Each vehicle used shall display a license tag
bearing the words "Sales License for the Year 20__" and each operator
shall display an Identification Badge.
b.
Every such licensee shall restrict his selling activity within the
Township to the hours between 9:00 a.m. and sundown, but no later
than 9 p.m., except that between the day after Labor Day and the end
of October, selling activity shall cease at 7 p.m. and shall notify
the Office of the Police Chief at least once in every week as to the
area and streets in which he plans to conduct the activity, before
commencing his selling activity. No bells, music or other audible
advertisement may be utilized by licensees after 7:00 p.m.
c.
Every such licensee shall carry and maintain in force insurance covering
its operations written by an insurance company licensed to do business
in the State of New Jersey and rated "A" or better by A.M. Best Rating,
proving the following minimum coverage and language:
1.
Comprehensive General Liability — one million dollars ($1,000,000.00)
(combined single limit each occurrence).
2.
Business Automobile Liability — one million dollars ($1,000,000.00)
(each accident).
3.
The following wording shall appear on the Insurance Certificate:
(a)
"The certificate holder (Township of Millburn) is included as
an additional insured as respects losses arising solely from the operation
of the licensed activity."
4.
The Township and its agents shall be indemnified and held harmless
from and against all claims and demands, losses and expenses, and
the like arising from the permission granted.
5.
All licensees must obey all State and local parking laws, rules and
regulations.
6.
Vehicles moved or parked on public streets in connection with the
licensee's operation must comply with all State, local and motor vehicle
laws.
7.
Licensees must provide for the disposal of garbage and recycling
cans and/or bottles. Licensees are not to use public receptacles for
garbage or recyclables attributable to their operation.
[Ord. No. 2420-14]
a.
Licensee must not inhibit pedestrian or vehicular traffic.
b.
Licensees shall not stop or park any vehicle in such a manner as
to block any advertisement, display or entrance to an existing store.
c.
Licensees shall not park any vehicle in such a manner as to block
any municipal sign, public receptacle or garage, public bench or other
amenity.
d.
Licensees, when in operation within residential areas, shall be permitted
to remain in one location up to one-half (1/2) hour, after which the
licensee shall move at least five hundred (500') feet therefrom.
e.
By no later than May 1st of each season, the Township Clerk shall
prepare a List of Prohibited Areas and Times, which shall set forth
the dates and locations in the Township where the licensee is prohibited
from operating during the specified time periods. Licensees shall
comply with the List.
[Ord. No. 2420-14]
a.
Licenses shall not be transferable or assignable.
[Ord. No. 2420-14]
It shall be the duty of any Enforcement Officer of the Township
to enforce provisions of this section and to require any person seen
engaging in the activities covered by the section who is not known
by such officer to be duly licensed, to produce his license and Identification
Badge.
[Ord. No. 2420-14]
The Health Officer shall maintain a record of all licenses issued
under the provisions of this section and shall record therein all
convictions for violations of this section and other pertinent circumstances
and incidents reported to the Chief of Police, Health Department and
Township Clerk's office.
[Ord. No. 2420-14]
a.
Licenses issued after the investigation provided for under this section
may be revoked by the Health Officer after reasonable notice and hearing,
if requested, for any of the following reasons:
1.
Fraud or misrepresentation in any application for a permit or license.
2.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
3.
Conviction of any crime or offense relating adversely to the occupation
of mobile ice cream vendor.
4.
Conducting the business or licensed activity, whether by licensee
or its agents or employees, in any unlawful manner or in any manner
that constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
5.
When a hearing is requested, notice of hearing for a revocation of a license shall be given in writing setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 4-10.4 herein, at least five (5) days prior to the date for the hearing.
[Ord. No. 2420-14]
Any person aggrieved by any action of the Health Officer or Chief of Police, in the denial or revocation of a license, shall have the right to appeal to the Business Administrator. The appeal shall be taken by filing with the Township Clerk, within thirty (30) days after the notice of the action complained of has been served personally upon the licensee or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under subsection 4-10.4, a written statement setting forth fully the grounds for the appeal. The Township Clerk shall set a time and place of hearing for the appeal, at which time the Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
[Ord. No. 2420-14]
Any person violating any of the provisions of this section shall,
upon conviction thereof, be liable for penalties not to exceed the
maximum penalties assessable in the Municipal Court pursuant to law.
[1967 Code § 8-15-1; Ord. No. 9-88 § 1]
As used in this section:
Shall mean any carbon bisulfite, gasoline, any petroleum
distillate having a Reid vapor pressure of four (4) pounds (207 millimeters
of mercury) or greater and used as a motor vehicle fuel ("Reid vapor
pressure" means the absolute vapor pressure of a petroleum product
at 100°F (37.8°C) as measured by the standard test method
set forth in the American Society for Testing and Materials (ASTM)
Designation D 323 or approved equivalent), diesel fuel, naphtha, benzole,
hydrocarbon (gas drips), liquefied petroleum gas, acetone, kerosene,
turpentine or other flammable liquids having a flash point below one
hundred sixty-five degrees Fahrenheit (165°F)
Shall mean any building, structure, or premises, enclosure
or other place within the Township where a container or containers,
tank or tanks, pump or pumps ("Tanks") whether portable or stationary,
containing any fuel are kept or located for the purpose of selling,
offering for sale or distributing any such fuel from such tanks into
the fuel tanks of motor vehicles or otherwise, and services incidental
thereto, provided, however, that the provisions of this article shall
not apply to any place where such flammable liquids are kept or sold
solely for medicinal or household purposes.
Shall mean any automobile, truck, motorcycle, van, motor
scooter or other self-propelled vehicle not operated on tracks or
trolleys.
[1967 Code § 8-15-2; Ord. No. 9-88 § 1]
No person shall maintain, conduct or operate as a business a
gasoline station within the Township without first having obtained
a license from the Township in accordance with the provisions of this
section. All gasoline stations, fuel pumps, tanks or other containers
for which permits or licenses have been heretofore granted shall be
and become subject to the terms of this section and amendments thereto;
and persons to whom such licenses have been granted shall apply for
a license under the terms and provisions of this section. The provisions
of this section shall be deemed to create regulations of gasoline
stations in addition to existing applicable regulations, such as,
but not limited to, Zoning, Building, Maintenance and Fire Prevention
Code regulations and shall not be deemed to modify or repeal such
existing regulations.
[1967 Code § 8-15-3; Ord. No. 9-88 § 1]
a.
All applications for licenses shall be made in writing, under oath,
be filed with the Township Clerk two (2) months' prior to the commencement
of the license period and shall contain the following information:
1.
If an individual: the name and address of the applicant.
2.
If a partnership: the name and residence of each partner.
3.
If a corporation or other organization: the name, address and State
under whose laws such corporation or organization was organized and
the names of the principal officers and local representatives and
their residences and business addresses.
4.
The name and address of the operator.
5.
The name and address and written consent of the owner or owners of
the land whereon such station is to be operated.
6.
The location of the gasoline station and premises.
7.
A statement from the Township Zoning Officer and Construction Code
Official as to his/her inspection and approval of the gasoline station
relative to its compliance with the Development Regulations Ordinance
and the Building Code.
8.
A statement from the Township Fire Chief or his/her designated representative
as to his/her inspection and approval of the gasoline station relative
to fire safety and its compliance with fire codes in effect in the
Township.
9.
A statement from the Township Engineer as to his/her inspection and
approval of the drainage of the gasoline station premises.
10.
A statement from the Township Chief of Police as to his/her inspection
and approval of the gasoline station relative to the gasoline station's
effect on traffic safety and control.
b.
For any inspection required by subsection 4-14.3a7 through 10 inclusive,
any authorized official of the specified Township Department may make
the inspection in lieu of the particular Department head, but such
authorized official must file a written report of his/her inspection
within seven (7) days thereafter with the head of his/her Department
for approval or disapproval by the Department head.
[1967 Code § 8-15-4; Ord. No. 9-88 § 1; New]
a.
If the application complies with the requirements of this section
and other ordinances of the Township, the Township Clerk shall issue
a license upon the payment of the license fees required by this section.
b.
Notwithstanding any of the provisions of this section, the Township
Clerk may deny the application for a license if the operation of the
gasoline station described in the application is likely, in the opinion
of the Township Clerk, which shall state the Clerk's findings and
reasons in writing, to create an unreasonable fire hazard or an unreasonable
hazard to pedestrians or add an unreasonable burden to the traffic
conditions of the neighborhood described in the application. The designation
of the above grounds shall not be construed in any way to limit the
Township Clerk in refusing to grant any such application on any other
grounds permitted by law.
c.
Licenses denied under this section may be appealed to the Township
Committee for hearing.
[1967 Code § 8-15-5; Ord. No. 9-88 § 1]
No license shall be granted except upon payment of a license
fee. The fee for a license for a gasoline station shall be payable
at the annual rate of one hundred fifty dollars ($150.00) for the
first tank and twenty dollars ($20.00) for each additional tank. The
fees provided in this section shall be in addition to other fees due
to the Township, including, but not limited to, the fees required
by the Uniform Fire Code.
[1967 Code § 8-15-6; Ord. No. 9-88 § 1]
All licenses issued under this section shall be issued for a
term of not more than one (1) year, commencing as of January 1 or
such later date as the license is issued and expiring on December
31 following the date of issuance, unless sooner surrendered or revoked.
[1967 Code § 8-15-7; Ord. No. 9-88 § 1]
No license granted under the provisions of this section shall
be assigned or transferred to any other person except with the consent
of the Township Clerk.
[1967 Code § 8-15-8; Ord. No. 9-88 § 1]
No license issued under the provisions of this section shall
authorize the maintenance of the business of a gasoline station at
any location but the location specified therein.
[1967 Code § 8-15-9; Ord. No. 9-88 § 1]
Any person conducting or operating a gasoline station in the
Township shall comply with the following regulations:
a.
No repair work on motor vehicles shall be performed in the open on
the premises except for the following incidental repairs or minor
parts replacement:
1.
Lubrication and changing of oil.
2.
The repair of tires and tubes.
3.
The recharging and rental of batteries.
4.
Such incidental work as may be necessary in connection with the installation,
mounting or adjustment of accessories herein permitted to be sold
or in connection with the testing and adjustment of the fuel and electrical
systems of motor vehicles.
b.
All parking at gasoline station premises shall be limited so it will
not create hazards or interfere with ingress or egress of motor vehicles
patronizing the gasoline station. No parking or storage of commercial
or bus motor vehicles or campers shall be permitted on the premises
except such temporary parking as may be necessary in connection with
the servicing of such motor vehicles. There shall be no parking of
motor vehicles on the public sidewalk areas adjacent to the gasoline
station. Storage of unregistered motor vehicles or unsightly accumulations
of motor vehicles shall be deemed a violation of this section.
c.
No merchandise shall be sold or kept for sale on or from the premises
except fuel, and motor vehicle accessories and supplies reasonably
connected with, or necessary for, the safe or lawful operation of
motor vehicles unless from vending machines located indoors.
d.
No oil shall be kept or displayed in tanks or other receptacles outside
the building except for immediate use in servicing motor vehicles;
such oil must be kept in containers neatly racked or stacked, and
no such individual container shall exceed five (5) quarts.
e.
Except as provided in subsections 4-14.9c and 4-14.9d above, no supplies or materials shall be kept outside the gasoline station building unless stored and concealed in metal or other fire-resistant racks or cabinets not to exceed seven (7') feet in height; provided, however, no parts or motor vehicles, nor disabled or inoperative or partially dismantled motor vehicles and no new or used tires shall be stored at any time outside the gasoline station building.
f.
No junk shall be permitted on any part of the premises except in
closed containers. "Junk" shall include, but not be limited to, all
rubbish, garbage, trash, debris, ashes, refuse, litter, trimmings
and clippings, cigarettes, glass and wood particles, abandoned automobiles
and any machinery and/or equipment or any parts thereof; and other
waste materials which tend to create a danger to the public health,
safety and general welfare.
g.
Gauging or vending devices shall be subject to the following regulations:
1.
All fuel gauging or vending devices shall be of approved type and
substantially secured to concrete or masonry foundations suitably
located and of proper design and dimensions normally to prevent motor
vehicles from colliding with the device.
2.
Systems wherein continuous pressure is maintained on the fuel storage
tank in connection with fuel gauging or vending devices shall be prohibited.
3.
The use of above-ground fuel storage tanks in connection with fuel
gauging or vending devices shall be prohibited.
4.
Devices which discharge by gravity shall be so designed that it is
not possible to retain in the gauging compartment materially more
than ten (10) gallons of liquid and so that it is not possible to
lock the device without draining the gauging compartment.
h.
Provision shall be made by grading driveways, raising door sills
or some equally effective means to prevent fuel spills from flowing
into the interior of gasoline station buildings.
i.
Electric motors and other spark-emitting devices, if present, shall
be installed in a well-ventilated room where no flammable liquids
are stored or handled unless such devices are approved by the Fire
Department for use in an explosive atmosphere.
j.
Drainage from crankcases, liquid coolant waste, and grease drippings
shall be kept in suitable closed metal containers and shall be disposed
of in accordance with Federal and State Environmental Protection Acts.
The liquids shall not be permitted to enter storm drains or seep into
the earth.
k.
NO SMOKING signs and STOP MOTOR WHILE FILLING signs shall be prominently
posted so as to be readily visible at points where fuel is handled.
l.
Where flammable liquids are kept, used or handled, dry sand, ashes,
chemical extinguishers or other extinguishing devices or materials
shall be kept as directed by the Fire Department.
m.
A reasonable quantity of loose noncombustible absorbents, such as
sand or ashes, shall be kept conveniently for use in case of fuel
leakage or overflow.
n.
All motor vehicles on the licensed premises shall be parked or stored
in such manner as to be readily removed in case of fire or other emergency.
o.
Each gasoline station shall be inspected at least once every year
by an official to be designated by the Chief of the Fire Department.
It shall be the duty of the person making such inspection to determine
whether or not the premises are maintained in compliance with this
section and other ordinances of the Township, and to report to the
Township Business Administrator any violation of this section or other
ordinances which may be discovered during such inspection. The Business
Administrator shall then take such steps as are necessary and advisable
to cause such violations to be corrected.
p.
No fuel tank or pump of any gasoline station shall be constructed
or maintained on the curb or on the sidewalk of any street in the
Township. No fuel tank, pump, lift, filling, greasing or other service
appliance, apparatus, racks or cabinets shall be located within five
(5') feet of a side or rear lot line.
q.
No electric lights shall be installed or arranged on any poles which
exceed sixteen (16') feet in height, and all such illumination shall
be shaded properly so as to protect adjoining properties and property
owners therefrom.
r.
Each gasoline station shall be conducted and maintained in accordance
with the provisions of the ordinances of the Township.
s.
All signage on the premises shall be in conformity with all rules,
regulations and ordinances of the Township.
t.
Each gasoline station located within two hundred (200') feet of a
residence shall be closed from 11:00 p.m. to 6:00 a.m., except that
this provision shall not apply to a gasoline station which abuts Morris
Turnpike.
[1967 Code § 8-15-10; Ord. No.
9-88 § 1]
Any license issued shall be revocable by the Township Committee
after hearing and good cause shown, upon fifteen (15) days' notice
in writing to be given the licensee either by serving the same upon
the licensee personally or by leaving the same at the place of business
of such licensee.
[1967 Code § 8-15-11; Ord. No.
9-88 § 1]
Nothing contained herein shall be deemed to alleviate the owner
and/or operator of a gasoline station containing an underground fuel
storage tank from complying with the New Jersey Underground Storage
Tank Law, if applicable, and this section shall not be deemed to supersede
or conflict with the Act; provided however, no license shall be issued
unless the applicant is in compliance with the New Jersey State Underground
Storage Tank Law, N.J.S.A. 58:10A — 21, et seq.
[1967 Code § 8-14-1; Ord. No. 37-83 § 1]
As used in this section:
Shall mean any person, partnership, corporation or other
entity, whether permanent or itinerant, who on one (1) or more occasions
(through any means) buys or sells secondhand gold, silver, precious
metals, gems or jewelry, and includes anyone advertising the purchase
or sale of any of the aforementioned items.
Shall mean any business conducted intermittently within the
Township or at varying locations.
Shall mean any person under the age of eighteen (18) years.
Shall mean any business conducted on a year-round basis and
housed in a single structure, such as a store or residence.
[1967 Code § 8-14-2; Ord. No. 37-83 § 1]
a.
Each dealer in secondhand jewelry and precious metals conducting
business within the Township shall first obtain a license to do so
and shall apply therefor to the Township Clerk. The application shall
contain the following information:
1.
The name and permanent address of the applicant.
2.
If the applicant is a corporation, partnership or other business
entity, the names and addresses of each person having more than a
ten (10%) percent interest in the applicant.
3.
The address of the applicant's place of business within the Township
and any other business location of the applicant.
4.
The applicant's photograph.
b.
The Chief of Police shall cause such investigation to be made of
the applicant's business and moral character as he/she deems necessary
for the public good. Such investigation shall include fingerprinting
of the applicant.
c.
The Chief of Police, after inserting thereon his/her recommendations
and results of any investigations relative to the license applied
for, shall forward the application to the Township Clerk.
d.
If the finding of the Chief of Police is that the applicant's business
or moral character is unsatisfactory based on one (1) or more of the
following findings or on other evidence:
1.
Conviction of a crime involving moral turpitude;
2.
Prior violations of an ordinance regulating dealers in used jewelry
and precious metals;
3.
Evidence of previous fraudulent conduct;
4.
Evidence of bad character;
|
the Township Clerk shall deny the application in writing, and
shall send a copy, plainly marked "Not Approved," to the Police Department.
|
e.
If the finding of the Chief of Police is that the applicant's business
and moral character are satisfactory, the Township Clerk shall issue
a license to the applicant.
[1967 Code § 8-14-3; Ord. No. 37-83 § 1; New]
[1967 Code § 8-14-4; Ord. No. 37-83 § 1]
Each dealer shall maintain a complete record of each purchase
and sale including the amount paid; description of item; any identifying
numbers; name, residence, age and description of the persons from
whom the items were purchased, received or sold; and requiring such
person to sign a receipt for each item. These records shall be subject
to the inspection of any authorized Police Officer of the Township.
The dealer shall maintain such records for at least two (2) years
after each transaction.
[1967 Code § 8-14-5; Ord. No. 37-83 § 1]
Each dealer doing business in the Township shall deliver to
the Chief of Police the description of all items purchased, received
or sold, within forty-eight (48) hours of the completion of the transaction,
on forms prescribed by the Chief of Police.
[1967 Code § 8-14-6; Ord. No. 37-83 § 1]
No dealer shall sell, melt or change the form of or dispose
of any articles purchased or received within three (3) days of the
date of purchase, and all such items shall be made available to the
Chief of Police or any Police Officer of the Township upon request,
for at least three (3) days.
[1967 Code § 8-14-7; Ord. No. 37-83 § 1]
Each dealer must require identification of the person with whom
it is transacting business; and no transaction may be made with any
minor, as herein defined, and also with any individual who is in an
intoxicated state and/or is under the influence of intoxicating liquor,
narcotics, hallucinogenic or habit-producing drugs.
[1967 Code § 8-14-8; Ord. No. 37-83 § 1]
a.
Licenses issued under the provisions of this section may be revoked
by the Township Committee after hearing on notice for any of the following
causes:
1.
Fraud, misrepresentation or false statement contained in the application
for license.
2.
Fraud, misrepresentation or false statement made in the course of
carrying on the business of purchasing secondhand precious metals,
gems and jewelry.
3.
Any violation of this section.
4.
Conviction of any crime or disorderly persons' offense involving
moral turpitude.
5.
Conducting the business of soliciting or canvassing in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
b.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his/her last known address at least five
(5) days' prior to the date set for the hearing.
[1967 Code § 8-14-9; Ord. No. 37-83 § 1]
This section shall not be applicable to any person, partnership,
corporation or entity who receives secondhand gold, silver, precious
metals, gems or jewelry as a gift.
|
PART I. REGULATIONS
|
[1]
Editor's Note: For State law as to taxicabs, etc., generally,
see N.J.S.A. §§ 48:16-1 to 48:16-28.
[1967 Code § 23-1-1]
As used in this chapter:
Shall mean any automobile or vehicle engaged in the business
of carrying passengers for hire and operating from private property
only, either by the trip, hour, day or other fixed period, or to transport
passengers to a specified place, or which charge a fare or price agreed
upon in advance between the operator and the passenger and which does
not solicit or accept passengers for hire upon the public streets,
taxicab stands or any other public places of or within the Township.
Shall mean the chauffeur, driver or operator of either a
taxicab or an auto livery.
Shall mean the person in whose name a vehicle is registered
with the State Division of Motor Vehicles.
Shall mean any automobile or motor vehicle licensed to engage
in the business of carrying passengers for hire and offered, announced
or advertised to operate or run as a taxicab from a public stand,
hotel, motel, station, street, highway or other public place within
the Township.
Shall mean both a taxicab and an auto livery, unless otherwise
specifically designated.
[1967 Code § 23-1-2]
No motor vehicle shall be offered or operated for the transportation
of passengers for hire within the Township except in compliance with
the regulations prescribed by this section, and unless such vehicle
and the operator thereof have been licensed as provided in this section.
No vehicle for which a taxicab license has not been issued and is
not in full force and effect shall be used or held out as a taxicab,
nor shall any person represent by word, sign, gesture or by means
of the color or model thereof or the shape or appearance of any sign
thereon that any vehicle which has not been licensed as a taxicab
pursuant to the provisions of this section is or is authorized to
be used as a taxicab. All licenses, if any, which may have been issued
to an owner for any vehicle not licensed for use as a taxicab which
shall nevertheless be used as or represented to be such, shall, upon
proof of such use and misrepresentation, be revoked after reasonable
opportunity to the owner to be heard with reference to such revocation.
[1967 Code § 23-1-3]
Nothing contained in this section shall be deemed to apply to
autobuses.
No vehicle of a category regulated by this section, which is
licensed by any other municipality for the uses to which the regulations
in this section apply, shall be required to have a license issued
pursuant to the provisions of this section, but shall be subject to
the other regulations imposed hereby.
[1967 Code § 23-1-4; Ord. No. 5-2-78 § 1; Ord. No. 2231-04 § 1]
No license provided for by this section shall issue or remain
valid unless the owner of each licensed vehicle shall have on file
in the office of the Township Clerk an effective policy of automobile
liability insurance issued by a financially sound insurance corporation
of or authorized to transact business in the State, insuring the owner,
every driver and any operator of such vehicle against liability imposed
by law for damages because of bodily injury, including death, sustained
by any person and injury to or destruction of property, including
the loss of use thereof, caused by accident and arising out of the
ownership, maintenance or use of the motor vehicle for which such
license is sought or has been issued. For taxicabs, the amount of
the limits of liability coverage to be afforded by such policy shall
be one hundred thousand dollars ($100,000.00) for bodily injury to
each person, three hundred thousand dollars ($300,000.00) for bodily
injuries in each accident and twenty-five thousand dollars ($25,000.00)
for property damage in each accident. For automobile liveries, the
amount of the limits of liability coverage to be afforded by such
policy shall be one million five hundred thousand dollars ($1,500,000.00)
for bodily injury or death suffered by any person and twenty-five
thousand dollars ($25,000.00) for property damage in each accident.
Every such policy of insurance shall contain a provision that no cancellation
of the policy shall become effective until after the expiration of
ten (10) days' written notice, plus three (3) days' mail service,
of such proposed cancellation forwarded by the insurance company to
the Township Clerk.
[1967 Code § 23-1-5; New]
The following provisions shall be observed in the general operation
of vehicles licensed under this section:
a.
All vehicles, particularly the interior thereof, shall be kept clean
and in good condition.
b.
Every taxicab shall display on the back of the front seat a rate card showing the approved fares as provided by subsection 4-36.7.
c.
Every taxicab shall carry upon its exterior a sign bearing the word
"Taxi" or "Taxicab," so located, constructed and illuminated as to
be readily observable by pedestrians and other members of the public
whose transportation is solicited by the owner or driver of the vehicle.
d.
Any commercial radio in the vehicle shall be operated only at the
discretion of the passenger. This does not include the operation of
a short-wave radio.
e.
A receipt book of forms, showing the driver's full name and driver's
license number shall be carried. A receipt shall be given to any passenger
showing the fare charged whenever requested or if there is a dispute
over the fare.
f.
Drivers shall keep a trip record by days of all trips made by the
vehicle. Such trip record shall be kept by owner for at least six
(6) months from the date of compilation and shall be subject to inspection
at any time by the Police Department or someone authorized by the
Township Committee. The daily trip record must contain the following
information:
g.
A driver shall not operate a vehicle while, to any degree, under
the influence of drugs or intoxicating liquors.
h.
There shall be no smoking in any vehicle.
i.
Disrespectful conduct or the use of abusive or insulting language
to passengers is prohibited.
j.
Drivers shall not solicit patronage for restaurants, night clubs,
cabarets, dance halls, hotels or like places, nor solicit for any
place maintained in violation of the law.
k.
A driver shall thoroughly search the interior of the vehicle immediately
after the termination of each trip and ascertain whether the passenger
has left any article therein. Any property so found shall be taken
to Police headquarters and turned over to the officer in charge within
twenty-four (24) hours after discovery, and a receipt therefor requested.
l.
Drivers of taxicabs shall solicit fares only from the driver's seat
or in a position within five (5') feet therefrom.
m.
A driver of a taxicab entering a taxi stand shall do so by taking
his/her position at the rear of any taxicab already at the stand.
[1967 Code § 23-1-6; New]
No vehicle shall be operated upon the streets of the Township
unless mechanically and otherwise safe to operate, with brakes, lights,
windshield wipers, signaling devices, steering apparatus, door fasteners
and other mechanical equipment in good working condition. Inspection
of the condition of every vehicle may be required by the Chief of
Police as deemed necessary. The Chief of Police shall cause every
vehicle licensed under this section to be removed from service and
its license temporarily suspended correction of any mechanical or
otherwise unsafe condition found upon inspection, and he/she shall
withhold such license until these conditions are corrected to his/her
satisfaction.
[1967 Code § 23-1-7; Ord. No. 3-18-68 § 1; Ord. No. 2-1-71 § 1; Ord. No. 8-74 § 1; Ord. No. 7-78 §§ 1,
2; Ord. No. 37-79; Ord. No. 30-81 § 1]
The maximum fares which may be charged for transportation from
and to points within the Township shall be in accordance with schedules
posted in licensed vehicles and in dispatchers' offices, and as filed
in the office of the Township Clerk by each licensed taxi-livery owner.
The fare schedules, and subsequent amendments thereto, shall become
effective thirty (30) days after filing and acknowledgment by the
Township Clerk. Notice of prospective amendments of fare schedules,
and effective dates, shall also be posted as above.
Fares which may be charged for transportation by taxi-liveries
shall be as follows:
a.
Zone One. A posted fare for each passenger from or to any point within
zone one, whose boundaries are as follows:
Beginning at the point of intersection of South Terrace and
Morris and Essex Turnpike; thence northeasterly by way of South Terrace
to its intersection with Twin Oak Road; thence northerly and then
easterly by way of Twin Oak Road to its intersection with Taylor Road;
thence northerly by way of Taylor Road to its intersection with Western
Drive; thence westerly by way of Western Drive to Moraine Place; thence
northerly by way of Moraine Place to its intersection with Minnisink
Road; thence easterly by way of Minnisink Road to its intersection
with Stewart Road; thence northerly by way of Stewart Road to its
intersection with Highland Avenue; thence northerly by way of Highland
Avenue to its intersection with Hartshorn Drive; thence northeasterly
by way of Hartshorn Drive to Wildwood Drive; thence northerly by way
of Wildwood Drive to its intersection with Great Hills Road; thence
in an arbitrary and direct line to the intersection of Old Short Hills
Road and Fairfield Terrace; thence easterly by way of Fairfield Terrace
to its intersection with Fairfield Drive; thence southerly by way
of Fairfield Drive to Sinclair Terrace; thence easterly by way of
Sinclair Terrace to its most northern intersection with the South
Mountain Reservation boundary line.
b.
Zone Two. A posted fare for each passenger from or to any point in
zone one to or from any point in zone two, or from or to any two points
within zone two, the boundaries of zone two being described as follows:
Beginning at the point of intersection of Hobart Gap Road and
Morris and Essex Turnpike; thence northerly by way of Hobart Gap Road
to White Oak Ridge Road; thence northeasterly by way of White Oak
Ridge Road to Farmstead Road; thence northerly by way of Farmstead
Road to its intersection with White Oak Ridge Road; thence northerly
by way of White Oak Ridge Road to its intersection with the southerly
line of the Township of Livingston; thence easterly and then northerly
along the Livingston line to its intersection with South Orange Avenue;
thence easterly by way of South Orange Avenue to its intersection
with the South Mountain Reservation boundary line.
c.
Zone Three. A posted fare for each passenger from or to any point
in zones one and two to or from any point in zone three, or from or
to any two points within zone three, the boundaries of zone three
being the area of the Township westerly of zones one and two.
d.
The above maximum rates shall be in effect twenty-four (24) hours
a day.
e.
Children of five (5) years and under, when in the charge of a passenger
paying fare, shall be carried free. Children above such age shall
pay full fare.
f.
Every passenger shall be allowed to have carried and conveyed upon
any taxicab, without charge, his/her ordinary traveling baggage, not
exceeding in any case forty (40) pounds of baggage.
g.
A charge of twenty-five cents ($.25) shall be made for each piece
of baggage other than hand baggage when in excess of forty (40) pounds.
h.
For delivery of packages from one (1) location to another location,
without passengers, the same rates shall prevail as are described
in paragraphs a through d.
i.
Additional passengers who are traveling to the same point from the
same point within the Township as the first passenger shall be charged
no more than the filed and posted rate for each such additional passenger.
j.
The maximum rates in this section and all maximum fares to the three
(3) major airports in the New York Metropolitan area shall be posted
in the taxicabs and in the dispatcher's office.
k.
Citizens over sixty-five (65) years of age who reside in Millburn
Township shall be conveyed within the Township for the lowest zone
fare within the Township between the hours of 10:00 a.m. and 2:00
p.m. on weekdays.
[1967 Code § 23-1-8]
No owner or driver of any vehicle licensed as a taxicab shall
refuse conveyance, during operating hours shown upon his license application,
to any orderly person, unless such owner or driver is previously engaged.
[For State law authorizing the Township to license and regulate
vehicles used for the transportation of passengers, etc., see N.J.S.A.
§ 40:52-1. As to necessity of Township consent before operating
taxicabs, see N.J.S.A. § 48:16-2.]
|
PART II. LICENSES
|
[1967 Code § 23-2-1]
No passenger vehicle for hire shall be operated upon the streets
of the Township unless the owner thereof shall first obtain a license
for such purpose as provided in this section. Such license shall contain
the following:
[1967 Code § 23-2-3]
Owner's licenses issued under this section are nontransferable
and loss or theft thereof must be reported promptly to the Chief of
Police.
[1967 Code § 23-2-2]
No person shall drive a vehicle for hire upon the streets of
the Township unless he/she shall first obtain a license as provided
in this section. Such license shall contain the following:
[1967 Code § 23-2-4; New]
All applications for owner's and for driver's licenses under this section shall be made in writing to the Township Clerk on forms provided by the Township and available upon request. Such applications shall be accompanied by the fee as required by subsection 4-36.19. Every such application shall disclose the following facts, which shall be deemed material representations, for falsity of which the license applied for shall be denied, or if issued, revoked:
a.
Owner's Application.
1.
Name, age, residence and business address of the applicant owner.
2.
Type of license requested (taxicab or livery).
3.
Manufacturer's name, year, body type and passenger capacity of each
vehicle for which a license is sought.
4.
Address of place where each vehicle will be garaged and proof of
garage owner's consent.
5.
Current valid State motor vehicle registration number issued for
each vehicle.
6.
Convictions, both motor vehicle and criminal, of the applicant.
b.
Driver's Application.
1.
Name, age and residence of the prospective driver for which a license
is sought.
2.
Number of currently valid State motor vehicle driver's license issued
to such prospective driver.
3.
Driving experience of the applicant.
4.
Convictions, both motor vehicle and criminal, of the applicant.
5.
Applicants shall provide two (2) passport-size photos.
Applications by drivers shall be made in person.
[1967 Code § 23-2-5; Ord. No. 2363-10]
All applicants for licenses under this section shall be transmitted
to the Chief of Police, who shall cause the necessary investigation
to be made and report to the Township Committee his recommendations
based on such investigations, together with the proof of fingerprinting
by the Motor Vehicle Commission and photographing of the applicant
and investigation of such fingerprints with all criminal records.
[1967 Code § 23-2-6]
All applications shall be filed by the Township Clerk after
being acted upon by the Township Committee and applicants notified
as to the action taken. In case of denial of an application, the applicant
shall be notified by the Township Clerk in writing.
[1967 Code § 23-2-7; New; Ord.
No. 2363-10]
Applicants for license under this section shall have the following
qualifications:
a.
Owner's License. An applicant to be approved for a vehicle license
must have the following qualifications:
b.
Driver's License
1.
No conviction of a crime involving moral turpitude;
2.
No prior violation of an ordinance regulating taxi drivers;
3.
No evidence of previous fraudulent conduct;
4.
No evidence of bad character;
5.
A resident of the State;
6.
At least eighteen (18) years of age;
7.
Of sound physique and fit for the safe operation of a motor vehicle.
If there is any doubt as to the applicant's physical condition, the
Township Committee may require the applicant to undergo a physical
examination at the applicant's expense, by a mutually agreed-upon
local physician.
8.
A holder of a current State motor vehicle driver's license and must
have had such for a period of at least one (1) year prior to the granting
of a license.
9.
Applicants for a license under this subsection shall provide proof
from the Motor Vehicle Commission of their qualification to operate
a limousine in New Jersey.
[1967 Code § 23-2-8; Ord. No. 7-78 § 3]
There shall be paid to the Township Clerk, for the use of the
Township, with the filing of every application for a license under
this article, the following amounts:
[1967 Code § 23-2-9]
Each licensed driver shall be provided with a numbered driver's
license, which shall be conspicuously displayed at all times.
Drivers' licenses are nontransferable and loss or theft thereof
shall be reported promptly to the Chief of Police and shall be surrendered
to him/her upon termination of employment.
[1967 Code § 23-2-10]
No more than twenty-five (25) taxicab licenses shall be in effect
at any time.
[1967 Code § 23-2-11]
All licenses under this section shall expire on March 31 annually.
Such licenses may be renewed annually, subject to compliance with
all requirements for their original issuance. The Township Committee
may suspend or revoke any such license after hearing or reasonable
opportunity to be heard, upon fair notice accorded to the licensee,
for violation of or failure to comply with the regulations prescribed
in this section.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord.
No. 2146-98 § 1]
As used in this section:
Shall mean a one-time fee per vehicle for the purpose of
compensating the licensee for inspecting the vehicle, allowing owners
to retrieve personal property from the vehicle, and for the preparation
of additional paperwork beyond the initial towing bill.
Shall mean the operation of a tow truck in and upon a roadway
within the Township of Millburn to solicit vehicle towing and/or storage
business except in response to a police request.
Shall mean a tow truck with dual wheels, capable of towing
large trucks, and shall meet the following minimum requirements: G.V.W.
- 30,000 lbs.; G.C.W.R. - 80,000 lbs.; boom rating - 50,000 lbs.;
winch rating - 50,000 lbs.; cable size and length - 5/8 inch and 200
feet; equipped with a chassis lift; under-reach-retracted rating -
30,000 lbs.; and extended rating - 15,000 lbs.
Shall mean the additional work done at the scene by the tow
truck operator which is beyond that required to perform a basic tow
or any additional manpower needed to complete a recovery, winching,
or towing of a vehicle. Labor charged for additional manpower shall
be based on a per man, per hour basis.
Shall mean a vehicle leased by the licensee, through a leasing
company, and showing the licensee on the registration as the owner
or lessee. If the registration is such that the lessee is not listed
the licensee will be required to show a lease agreement.
Shall mean the document approved and issued by the Township
of Millburn granting the privilege to tow and store vehicles and perform
other towing operations for the Township of Millburn.
Shall mean a towing operator having a license granted by
the Township pursuant to the provisions of this section.
Shall mean a car carrier of the rollback and tilt type, with
dual wheels, capable of removing and transporting passenger cars damage
free and shall meet the following minimum requirements: G.V.W. - 14,500
lbs.; G.C.W.R. - ; winch rating - 8,000 lbs.; cable size and length
- 3/8 inch and 50 inches; bed length - 16 feet; bed width - 84 inches
inside side rails; wheel lift-retracted rating - 6,000 lbs.; and extended
rating - 3,000 lbs.
Shall mean a tow truck with dual wheels, capable of towing
passenger cars and shall meet the following minimum requirements:
G.V.W. - 14,000 lbs.; G.C.W.R. - 18,000 lbs.; boom rating - 8,000
lbs.; winch rating - 8,000 lbs.; cable size and length - 3/8 inch
and 100 feet; wheel lift-retracted rating - 6,000 lbs.; and extended
rating - 3,000 lbs.
Shall mean a car carrier of the roll back and tilt type,
with dual wheels, capable of removing and transporting small trucks,
full size vans, or large passenger cars damage free and shall meet
the following minimum requirements: G.V.W. - 18,000 lbs.; G.C.W.R.
- ; winch rating - 8,000 lbs.; cable size and length - 3/8 inch and
50 inches; bed length - 19 feet; bed width - 84 inches inside side
rails; wheel lift-retracted rating - 6,000 lbs.; and extended rating
- 3,000 lbs.
Shall mean a tow truck with dual wheels, capable of towing
small trucks and shall meet the following minimum requirements: G.V.W.
- 18,000 lbs.; G.C.W.R. - 30,000 lbs.; boom rating - 16,000 lbs.;
winch rating - 16,000 lbs.; cable size and length - 1/2 inch and 200
feet; wheel lift-retracted rating - 10,500 lbs.; and extended rating
- 8,500 lbs.
Shall mean an individual or entity who or which owns or leases,
and/or operates, parks or abandons a vehicle within the Township.
Shall mean the Police Department of the Township of Millburn
or of any jurisdiction having authority in the subject matter.
Shall mean the business office of an applicant/licensee,
where licensee shall conduct business associated with the towing and
storage of vehicles under authority of the towing license issued by
the Township of Millburn.
Shall mean when the tow truck operator applies his training
and knowledge in a skillful manner to preserve the condition of the
vehicle while moving it to a towable position. This can be accomplished
in various ways including, but not limited to, winching and rigging.
Shall mean a service provided at the scene to enable a vehicle
to be driven away, including, but not limited to, the changing of
a flat tire, jump start of a vehicle, or the delivery of fuel. There
will be a separate charge for the fuel at its face value.
Shall mean a police request for road service of a disabled
vehicle, i.e., dead batteries, flat tires, out of gas, or other services
that do not require towing.
Shall mean the storage, housing or holding of vehicles, indoors
or outdoors by a licensee under authority of this section.
Shall mean a towing license, authorized by the Chief of Police,
and issued by the Township of Millburn for the purpose of replacing
a current licensee, whether that replacement be due to the closing
of the business or the revocation of the licensee's towing license
for a violation of this section. This license is for emergency situations
only and the cost will be prorated on a monthly basis.
Shall mean an individual or entity engaged in the business
of providing towing and storage services.
Shall mean the towing service and/or on-site vehicle repair,
including tire changes, jump starts or furnishing fuel, rendered by
a towing operator.
Shall mean every device in, upon or by which a person or
property is or may be transported upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks or motorized bicycles.
Shall mean the time a licensee has equipment and personnel
waiting at a scene to perform a towing operation.
Shall mean the process of moving a vehicle by the use of
the tow cable from a position that is not accessible for direct hook
up by conventional means for loading onto a tow vehicle. Winching
shall not mean pulling a vehicle onto a flatbed or carrier or lifting
a vehicle with a conventional tow truck.
Shall mean the relocation of a vehicle from the licensee's
storage facility to a public roadway for removal by another towing
company. It shall not apply to vehicles that are capable of being
driven from the storage facility to the roadway.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
No towing operator shall operate within the Township for police-requested
towing services and/or storage services unless the towing operator
has obtained a license issued by the Township.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
a.
Owner requested service. No license shall be required for the on-site
repair and/or towing or storage of any vehicle when the request therefor
is received by the towing operator from the owner or the owner's agent
prior to a police request therefor.
b.
Towing from private property. No license shall be required by the
police to tow any vehicle from private property without the consent
of the owner and private property owner except on the express instruction
of the police in the event of an emergency.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord.
No. 2146-98 § 1]
Licenses to tow shall be issued for a term of three calendar
years commencing January 1 of the initial calendar year.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
a.
Form; required information. An application for a license shall be
in writing, signed by the applicant on the form furnished by the Township,
and shall contain all information necessary to evidence the applicant's
identity and legal address, compliance with the requirements of this
section and ability to perform the towing services and storage services
contemplated by this section.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
a.
Reference to Chief of Police. Applications received by the Township
Clerk shall be referred within two business days to the Township Chief
of Police for his review.
b.
Inspection/recommendations. After such examination of the applications
and such inspections as the Township Chief of Police may consider
necessary to evaluate the applicant's compliance with, and ability
to continue to comply with, the requirements of this section, the
applications shall be returned to the Township Clerk with the recommended
approval or disapproval of each application by the Township Chief
of Police based upon his examinations, inspections and evaluations.
Applicants and licensees shall cooperate with any and all investigations
conducted by the Township Chief of Police or his designee or other
law enforcement agency working in conjunction with the Township police.
The requirement of cooperation shall continue throughout the period
of application, and the duration of the license and the storage of
vehicles (even if a license is no longer in effect). A license may
be denied for fraud, misrepresentation or false statement in the application.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord.
No. 2146-98 § 3]
a.
Authorization. The Township Committee shall at a public meeting by
resolution authorize the issuance of not more than four licenses after
consideration of the applications and the recommendations of the Township
Chief of Police. Minor irregularities in the application may be waived
by the Township Committee. In the event that more than four applicants
qualify for a license, the names of all qualified applicants shall
be placed in a bowl, on uniform slips of paper with the identity of
every applicant concealed, and the Township Clerk shall draw four
slips from the bowl after all applicants have received at least 10
calendar days' notice of the time and place where the drawing will
occur. Licenses shall be issued to each of the four applicants selected
at the drawing. Licensees must have the favorable recommendation of
the Chief of Police prior to the new license being issued.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord.
No. 2146-98 § 4]
The following schedule of nonrefundable fees is adopted for
the obtaining of a towing license:
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord.
No. 2146-98 § 5]
a.
General. The Township Committee shall have the right to suspend or
revoke any license issued under this section for good cause upon written
complaint of the Chief of Police following his determination that
there is probable cause for suspension or revocation based upon violation
of this section.
A license may be denied, suspended or revoked for fraud, misrepresentation
or false statement in the course of conducting the towing operation,
for violation of this section, or for the conviction of the applicant,
its officers or a person or entity holding a 10% or larger interest
in the applicant, of a crime involving moral turpitude or relating
to the towing business. A license may also be denied if the applicant
has had a towing license or contract revoked while working for any
other municipal, county or state agency. Such revocation shall have
occurred within a twelve-month period prior to making application
to the Township of Millburn.
Written notice of such complaint and the basis of the complaint
shall be given to the licensee, and the licensee shall be entitled
to a hearing before the Township Committee prior to final determination
of the complaint by the Township Committee. If, after the hearing,
a majority of the members of the Township Committee present and voting
decide that there has been a violation, they may terminate or suspend
the license.
b.
Emergency suspension. A license may be suspended by the Township Chief of Police whenever the Chief in his reasonable judgment considers such suspension necessary for reasons of safety, or has reason to believe that the licensee is not covered by the insurance required by Subsection 4-39.15a of this section. Such suspension shall continue until terminated by the Chief, provided that if the suspension is not terminated within three business days the Chief shall file a complaint for suspension or revocation pursuant to Subsection 4-39.9a, and the suspension shall remain in effect pending a determination of the complaint.
c.
Temporary license. In the event of an emergency suspension or other
failure of the licensee to perform its duties under this section,
the Chief of Police may issue a temporary license to a towing operator
to operate during any licensee's failure to perform, should the replacement
of said licensee be deemed necessary. The issuance of a temporary
license shall be reported to the Township Committee immediately upon
issuance. Temporary licenses may be issued for such period of time
as is deemed necessary by the Chief of Police.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
a.
Required equipment. A towing operator, when filing an application
for and at all times while holding a license under this section, shall
own, or lease for use in performing the services required by the license
the following items of equipment:
1.
Two light-duty wreckers, or flatbeds, both types to be equipped with
wheel lift.
2.
One medium-duty wrecker with wheel lift.
3.
Two medium-duty flatbed trucks with wheel lift.
4.
One heavy-duty wrecker with chassis lift/under-reach.
|
(Above-mentioned equipment classes (light/medium/heavy) must meet the standards as stated in Subsection 4-39.1 of this section.)
|
5.
Safety equipment to be carried on all trucks shall include:
(a)
Wheel lift or chassis lift/under-reach.
(b)
"J" hooks and chains or tie-downs.
(c)
Snatch block.
(d)
Two high-test safety chains.
(e)
Auxiliary safety light kit (to be placed on rear of towed vehicle
that does not have functioning tail light flashers).
(f)
Rotating amber emergency lights mounted on top of truck (state
issued permit required, and must be in truck).
(g)
Two white work lights facing the rear of vehicle.
(h)
Two safety cones with reflective strip (minimum height 18 inches).
(i)
One shovel.
(j)
One broom.
(k)
Steering wheel tie-down.
(l)
Two-way communication system, radio or cellular, with communication
between the licensee's base and all of the required trucks and from
truck to truck.
(m)
Jumper cables or jump box.
(n)
One fuel can capable of carrying five U.S. gallons of fuel.
(o)
Toolbox with assorted hand tools.
b.
Tow truck lettering. All tow trucks operated by the licensee shall
be permanently lettered on both sides in accordance with N.J. Statute
Title 39 (newly purchased vehicles will be allowed a four-week grace
period during which time a pair of magnetic signs may be used).
c.
Required communication. Licensee shall maintain a twenty-four-hour
phone number which is manned by the licensee's personnel. Such personnel
must have constant two-way communication, radio or cellular, with
the licensee's vehicles. Phone calls may be forwarded from the principal
business location to a residence during nighttime hours as long as
two-way communication can be maintained with licensee's vehicles.
[Ord. No. 5-90 § 1; Ord. No. 11-97 § 1; Ord. No. 2146-98 § 6; Ord. No. 2474-17 § 1]
a.
Inside building secured storage. Each licensee shall have an indoor
secured storage facility in one location and with sufficient space
to accommodate at least three vehicles for the exclusive use of the
Police Department in connection with vehicles being held as evidence
or under investigation, including, but not limited to, criminal matters
(including the forfeiture process) or death by auto. The indoor secured
storage facility must be solely under the control of the licensee
at all times. All storage areas must meet the requirements of N.J.A.C.
11:3-38.2 (definitions), which states, "Inside buildings means a vehicle
storage facility that is completely indoors, having one or more openings
in the wall for storage and removal of vehicles, and that is secured
by a locking device on each opening." The inside building secured
storage facility must be within six miles, by radius, of the intersection
of Parsonage Hill Road and Hartshorn Drive in the Township. The inside
building storage space shall be capable of being locked/safeguarded
against access by unauthorized person(s) and employee(s).
[Amended 6-18-2019 by Ord. No. 2535-19]
b.
Outside secured storage. Each licensee shall have an outside secured
storage area that is in one location and that will accommodate 50
vehicles at any one time. The outside secured storage area must be
solely under the control of the licensee at all times. The outside
secured storage area must meet the requirements of N.J.A.C. 11:3-38.2
(definitions), which states, "Outdoor secured" means an automobile
storage facility that is not indoors and is secured by a fence, wall
or other man-made barrier, that is at least six feet high and is equipped
with a passive alarm system or a similar on-site security measure.
The facility is to be lighted at night. The outside secured storage
area must be within six miles, by radius, of the intersection of Parsonage
Hill Road and Hartshorn Drive in the Township.
c.
Equipment facility. Each licensee shall have an area and facility adequate for the storage and servicing of the required equipment specified in Subsection 4-39.10 of this section when not in use. Such equipment facility must be within six miles, by radius, of the intersection of Parsonage Hill Road and Hartshorn Drive in the Township.
d.
Location/hours/condition. The required storage and equipment facilities
shall be as follows:
1.
Principal location must be within six miles by radius of the intersection
of Parsonage Hill Road and Hartshorn Drive in the Township of Millburn.
2.
Outside secured storage facility (fifty-vehicle capacity) and inside
building secured storage facility (three-vehicle capacity) must be
within six miles by radius of the intersection of Parsonage Hill Road
and Hartshorn Drive.
3.
The hours of recovery of vehicles from storage shall be no less than
Monday through Friday 8:00 a.m. to 5:00 p.m. and Saturday 9:00 a.m.
to 3:00 p.m., and prominently posted at all of the above-mentioned
facilities of the licensee and also made available at Township Police
Headquarters. The vehicle shall be made available by the licensee
immediately upon an emergency request by the Township Police Department.
Facilities shall be kept clean and in good order to accommodate persons
who may enter facilities with respect to any vehicles stored therein.
The principal location, in addition to the above mentioned items,
shall have adequate rest room facilities, with running water, that
are clean and in good working order available to persons who may enter
the facility with respect to any vehicle towed by the licensee.
e.
Unsecured outside storage. No unsecured storage area of any kind
will be permitted for use by any licensee for storage of any vehicle
towed under the license.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 2146-98 § 7]
a.
All tow truck drivers must have an appropriate, valid New Jersey
driver's license with no restrictions or conditional endorsements,
except conditions requiring glasses. Each driver/employee shall be
of good moral character, mentally alert, and present a neat appearance
at all times. Drivers and employees shall wear clothing bearing the
licensee's name. Drivers and employees shall behave in a professional
and courteous manner at all times when dealing with the Police Department
and the public. Possession of a commercial license with appropriate
endorsements, when required by law, shall be a minimum mandatory requirement
of this section.
b.
Light- and medium-duty drivers must obtain Level 1 driver certification
from a tow truck operators training course. New hires must obtain
certification within nine months from start of employment.
c.
Heavy-duty drivers must obtain Level 2 driver certification from
a tow truck operators training course. New hires must obtain certification
within nine months from start of employment. Heavy-duty drivers must
have CDL endorsement on their license.
d.
Recovery Supervisor must obtain Level 3 driver certification from
a tow truck operators training course (within nine months of availability)
and have training from an industry-recognized recovery course. On
the recovery scene, not all personnel need to be recovery qualified,
but a responsible recovery supervisor must have the listed requirements.
e.
The licensee must certify that it has provided ongoing training and
education of its employees. The towing operator shall show proof of
a minimum of six hours of training per employee, per year. If good
cause exists to question the training, knowledge, or driving record
of any tow truck driver or other personnel, the Township Police Department
shall inform the applicant or licensee which shall then be given an
opportunity to show cause to the contrary.
f.
At the time of the application or at any time a new tow truck driver
is assigned, the licensee shall submit to the Township Clerk, the
name, driver's license number, social security number and date of
birth of the tow truck driver prior to the driver's operation of any
tow truck pursuant to a Township Police Department request.
g.
No licensee shall employ directly or indirectly any officers of the
Township Police Department.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord.
No. 2362-10]
Towing and storage services shall be governed by the following
provisions:
a.
The schedule when a licensee will be on duty will be set by the Township
Police Department's Traffic Bureau and approved by the Chief of Police.
b.
Licensee will respond to all police requests for towing and/or road
service, when requested by a police dispatcher or any other police
officer expressly authorized to communicate such a request. Licensee
will respond with the number of tow trucks requested to the scene
within a reasonable time. Such reasonable time shall be deemed to
be within 20 minutes under normal atmospheric conditions.
c.
If a licensee is wholly or partially unable to respond due to failure
of any equipment or personnel insufficiencies, the licensee will immediately
notify the Police Department, who will contact the next towing company
in the rotation to handle the request. If such an incident occurs,
the licensee will furnish, in writing, within five business days,
the details of the circumstances which caused the failure to respond
to the Township Police Department's Traffic Bureau, which will make
a determination if a follow-up investigation and/or inspection of
the licensee's facility is required.
d.
Tow trucks of a licensee shall not cruise roadways within the Township for business and shall not respond to any scene where towing may be required except upon request of the Township Police Department or as permitted under Subsection 4-39.3a of this section.
e.
No rotating or flashing lights or sirens shall be used on a tow truck
except as permitted by N.J. D.M.V./D.O.T. (39:3-50), and all vehicles
operated by the licensee shall have a current permit for said lights
issued by the D.O.T. along with all other required vehicle documents.
f.
All tow trucks shall be operated in accordance with all existing
traffic regulations and in a safe and prudent manner. Tow truck drivers
will request police assistance when they find it necessary to turn
around, back up, tow in a direction opposite the flow of traffic,
cross a median, or other hazardous situation during the course of
providing service or towing.
g.
Each licensee will be responsible for all vehicles and visible contents
in their custody that are towed off the roads under direction of the
police and shall make an inventory at the scene to note such contents
of each vehicle.
h.
No vehicle will be removed from any roadway within the Township without
proper authorization from the police at the scene, or the vehicle
owner or operator as the case may be.
i.
No licensee shall be required to tow to an area farther than the
licensed storage area between the hours of 6:00 p.m. and 8:00 a.m.
unless said licensee agrees to tow farther. If licensee agrees to
tow farther than the licensed storage area between 6:00 p.m. and 8:00
a.m., he/she will only do so if adequate towing coverage will be available
to the Township.
j.
The investigating officer and/or supervisor at the incident scene
is in complete charge of the incident scene (excluding actual towing
operations), and all tow truck drivers shall comply with the officer/supervisor's
instructions.
k.
Each licensee, prior to departing from the scene of towing services,
shall be required to clean and clear the roadway of any debris resulting
from any accident at such scene when rendering towing services, and
at all times carry the necessary equipment to perform such cleaning
services. Such equipment shall minimally include, but is not limited
to, a broom and shovel. The licensee may charge the owner's insurance
company for the services rendered.
l.
In the event a licensee refuses to tow or render services at the
scene of an accident or disabled vehicle when requested by the police
or vehicle owner/operator, the officer assigned to the incident shall
report the refusal to his supervisor with all pertinent details.
Police Department S.O.P. will be followed to secure a service
to clear the scene and the report of the refusal shall be forwarded
to the Township Chief of Police and Township Traffic Bureau as soon
as possible for evaluation and follow-up of the licensee's refusal
to perform its obligation under the license. No towing operator shall
be required to tow any vehicle in an unsafe manner or in such a way
as to cause unnecessary damage to the vehicle towed or that may cause
damage to the towing vehicle.
m.
Each licensee shall be required to keep up-to-date records of all
vehicles towed in conjunction with this license. Each licensee shall
provide the Township Police Traffic Bureau with a list every Friday
by 12:00 noon of all vehicles towed by order of the police (impounded),
or that continue to remain left in storage for five calendar days.
(Owners of vehicles will be notified by the Police Department that
vehicles are in storage.)
n.
Vehicles impounded or confiscated by the police and stored by the
licensee shall not be released by the licensee without written authorization
by the Police Department.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1; Ord.
No. 2362-10; Ord. No. 2474-17 § 2; amended 6-18-2019 by Ord. No. 2535-19]
Towing and storage charges shall be paid by the owner of a vehicle
towed and/or stored by a licensee at police request. Such charges
shall be as follows:
a.
Towing services. The following is the fee schedule for towing services
(the fees do not include state taxes):
1.
Passenger vehicle rates:
|
Type
|
Rate
|
|---|---|
|
Basic towing service
| |
|
Day or night rate—light-duty tow
|
$150
|
|
Day or night rate—medium-duty tow
|
$250
|
|
Mileage charges
|
$5 per mile
|
|
Mileage charges will only be assessed if the vehicle
is to be towed outside the boundaries of the Township, from the point
of pickup to the point of dropoff.
| |
|
All charges will be for a minimum of 1-hour
| |
|
Road service
| |
|
Day or night rate (price does not include the cost
of fuel for vehicles out of gas)
|
$100
|
|
Recovery and/or winching service (per hour), to
be charged in 30-minute increments with a 1/2-hour minimum
|
$200
|
|
Cleanup and/or labor charge (per hour)
|
$75 per hour, 1-hour minimum, plus absorbent material used
|
|
Municipal vehicles
| |
|
Towed within municipality
|
$50 flat fee
|
|
Towed outside of municipality
|
$150 flat fee
|
|
(There will not be a fee for mileage, tow hookup,
winching service, cleanup and/or labor charge, etc.)
| |
|
Charge for clean-up and/or removal of debris or mechanical work
to ready a vehicle for towing. This charge shall be in effect for
additional manpower needed at scene (per man, per hour), to be charged
in 30-minute increments with a 1/2-hour minimum.
| |
|
Waiting time (per hour), to be charged in 30-minute increments
beginning after the first 15 minutes on the scene with a 1/2-hour
minimum.
| |
2.
Heavy-duty rates (non-passenger vehicles):
|
Basic towing service (per hour), to be charged in 30-minute
increments with a 1-hour minimum
|
$400
|
b.
Storage charges.
|
Type
|
Charge
|
|---|---|
|
Inside secured storage (per calendar day)
| |
|
Vehicles over 22 feet in length will be charged
double the rate. Outside secured storage (per calendar day)
|
$50
|
|
Vehicles over 22 feet in length will be charged
double the rate.
|
$40
|
|
Yard charge
|
$40
|
|
For relocating a vehicle incapable of being driven from the
licensee's storage facility to a public roadway for removal by another
company.
| |
c.
The licensee shall accept a minimum of two major credit cards 24
hours a day and must be able to do so both at the principal location
and by drivers on the road at the time a service or tow is performed.
d.
The Township and its Police Department shall not be liable to a licensee
with respect to towing and/or service rendered to any owner pursuant
to the license or otherwise. The licensee shall look to the registered
owner of such vehicle for payment of towing and/or storage service
charges or any other compensation.
e.
If a vehicle is towed by a licensee to premises controlled by the
Police Department for the purpose of utilizing the vehicle or its
contents as evidence, or in an ongoing criminal investigation (i.e.,
processing for evidence, follow-up investigations), such vehicle shall
not be released from Police Department custody, except to the licensee,
unless the owner of the vehicle furnishes the Police Department with
a receipt that all applicable fees for towing and/or service have
been paid in full. A second fee may be charged if the vehicle is removed
to the licensee's storage area or other destination desired by the
police or vehicle owner. If a vehicle is released by the police to
any party other than the licensee without proper receipt, the Township
shall be responsible for all charges but may pursue its remedy against
the owner or other person/s responsible.
f.
A Township processing fee of $20 shall be paid to the Township for
each vehicle towed by the licensee in accordance with this section.
This fee is to be paid by the licensee on a monthly basis upon the
filing of monthly reports in a form satisfactory to the Millburn Police
Department Traffic Bureau. All reports and payments must be received
by the 15th of the next month. Failure to comply shall result in a
temporary license suspension.
g.
The licensee shall not charge a storage or towing fee to the Township
when it tows and stores a vehicle designated by the Police Department
to be impounded and/or stored as part of a criminal investigation
(i.e., vehicle seizure) by the Millburn Police Department or other
law enforcement agency operating within the Township of Millburn,
except that this provision shall not prevent the licensee from seeking
restitution, including storage or towing fees, in a criminal prosecution
resulting from the criminal investigation.
[Ord. No. 5-90 § 1; Ord. No. 11-97 § 1]
The licensee shall have in effect, prior to application and
at all times during the term of the license, the following insurance.
a.
Garage keepers' liability policy in the amount of $500,000 for any
one claimant, and $1,000,000 for more than one claimant, with $500,000
coverage for property damage for any one event.
b.
Automobile liability insurance issued by a financially sound insurance
corporation of, or authorized to transact business in, the state,
insuring the licensee and every tow truck operator against liability
imposed by law for damages because of bodily injury, including death,
sustained by any person and injury to or destruction of property,
including the loss of use thereof, caused by accident and arising
out of the ownership, maintenance or use of the tow trucks of the
licensee.
The amount of the limits of liability coverage to be offered
by such policy shall be $500,000 for bodily injury to each person,
$1,000,000 for bodily injuries in each accident, and $500,000 for
property damage in each accident.
c.
The licensee shall supply a certificate of insurance to the Township
Clerk describing every policy of insurance and identifying the Township
as an insured party. Each such certificate of insurance shall contain
a provision that no cancellation of the policy shall become effective
until after the expiration of 15 days' written notice of such proposed
cancellation forwarded by the insurance company to the Township Clerk.
[Ord. No. 5-90 § 1; Ord. No. 11-97 § 1]
The application of any towing operator for a license pursuant
to this section shall include an agreement by the towing operator
that upon the issuance of a license the licensee shall indemnify the
Township against all claims of third parties relating to towing and/or
storage service of the licensee.
[Ord. No. 5-90 § 1; Ord. No. 11-97 § 1]
The Township Police Department shall provide, when requested,
towing operators with Department of Motor Vehicles information regarding
registered owners and lien holders. The information requested and
given shall be in conformance with N.J.S.A. 39:10A et seq. and shall
not in any way violate the confidentiality that is reposed in the
Police Department.
[Ord. No. 5-90 § 1; Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
a.
The Township Chief of Police may issue rules and regulations from
time to time on the operation of towing services and storage facilities
to implement but not exceed the purpose of this section.
b.
Such rules and regulations shall be issued by publication in a newspaper
in the Township. Copies shall be mailed to any and all towing operators
licensed by the Township or any interested parties who request such
copies.
c.
Towing operators may, in writing, request a hearing before the Township
Business Administrator within 30 days of the issuance of the rules
and regulations.
[Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
The Township Chief of Police is hereby designated to enforce
the provisions of this section in accordance with due process of law.
[Ord. No. 4-93 § 1; Ord. No. 11-97 § 1]
Copies of such rules and regulations, this section and the fee
schedules of the licensees shall be made available to the public at
the Township Police headquarters during normal business hours.
[Ord. No. 19-95 § 1]
Shall mean a restaurant, fast-food restaurant or retail food
establishment which is a permitted use under the Township's Development
Regulations and Zoning Ordinance and which holds a valid license to
serve food to be consumed by the public at tables located within the
restaurant's lot area or on the sidewalk in front of the restaurant.
[Ord. No. 19-95 § 1; Ord. No. 2211-03 § 1; Ord. No. 2347-09 § 1]
No person shall operate a sidewalk cafe within the Township
without having first obtained a sidewalk cafe license in accordance
with the requirements of this section. The license shall be issued
by the Township Committee and may contain conditions. The license
shall not be transferable and shall be for the period of January 1st
through December 31st of the issuing year. The license shall, however,
be subject to future amendments to this section or other applicable
regulations.
[Ord. No. 19-95 § 1; Ord. No. 2211-03 §§ 2-4; Ord. No. 2347-09 § 2]
Each applicant for a sidewalk cafe license shall submit an application
to the Township Clerk on forms furnished by the Township Clerk at
least two (2) months prior to the commencement of the license period
together with the license fee. The application shall set forth:
a.
The name and address of the applicant.
b.
The name and address of the owner of the restaurant of which the
sidewalk cafe is a part.
c.
The written consent to the application by the owner of the restaurant
(if other than the applicant).
d.
A description of the dimensions of the area and all temporary structures,
equipment and apparatus to be used in connection with operation of
the sidewalk cafe, including (but not limited to) tables, temporary
fences and barriers, planters, benches, chairs and umbrellas (if any).
e.
A statement of the seating capacity of the proposed sidewalk cafe
and of the existing restaurant.
f.
A sketch drawn to scale (but not necessarily by a professional) of the proposed design and location of the sidewalk cafe, including the location of all appurtenances, demonstrating that pedestrian traffic will not be impeded and that the provisions of subsection 4-40.5a will be satisfied. The sketch required by this paragraph shall be reviewed by the Construction Code Official/Zoning Officer.
g.
The entire application shall be reviewed by the Police Department
for public safety and Alcoholic Beverage Control issues, the Fire
Official for public fire safety, and the Health Officer for health
issues. The review and report on the applications shall be completed
by Township Officials and acted on by the Township Committee within
one month of filing of the application.
h.
Enforcement of the requirements and specifications for sidewalk cafes
shall be the responsibility of the Police Department, Fire Official,
Health Officer, Zoning Officer and Code Enforcement Officer.
[Ord. No. 19-95 § 1; Ord. No. 2211-03 § 5; Ord. No. 2347-09 § 3; Ord. No. 2361-10]
|
The following fees are set for Sidewalk Café Licenses:
| |
|
Application Fee—
|
$50.00
|
|
Café Rates/Fees—
| |
|
1 to 8 seats with no more than 2 tables
|
$100.00
|
|
9 to 12 seats with no more than 3 tables
|
$150.00
|
|
13 to 16 seats with no more than 4 tables
|
$200.00
|
|
17 to 20 seats with no more than 5 tables
|
$250.00
|
|
21 or more seats with 6 or more tables
|
$400.00
|
[Ord. No. 19-95 § 1; Ord. No. 2211-03 §§ 6, 7; Ord. No. 2347-09 § 4]
a.
All furniture, equipment or decoration used in connection with a
sidewalk cafe shall be located in such a way that there shall be a
minimum of five (5') feet of paved sidewalk for use by the public
between the curb and the operations of the sidewalk cafe and shall
not exceed the width of the storefront unless the owner of the property
adjacent to the sidewalk cafe files a written consent to the application
for the adjacent property.
b.
No sidewalk cafe license shall be issued unless the licensee shall
have first filed with the Township Clerk a copy of an insurance policy
or certificate of insurance, issued by a company duly authorized to
transact business under the laws of New Jersey, providing for the
payment of not less than one million dollars ($1,000,000.00) to satisfy
all claims for damage by reason of bodily injuries to, or the death
of, any person as a direct or indirect result of the operation of
the sidewalk cafe or for injury to any person occurring on the premises
occupied by such cafe, and further providing for the payment of not
less than ten thousand dollars ($10,000.00) to satisfy all claims
for property damage occurring as a direct or indirect result of the
operation of such cafe. The policy and certificate shall name the
Township of Millburn as an additional insured and provide for ten
(10) days' written notice plus three (3) days mail service of any
proposed cancellation of the policy to the Township Clerk.
c.
No sidewalk cafe license shall be issued unless the licensee shall
have first executed and filed with the Township Clerk an indemnification
agreement on the form provided by the Township Clerk pursuant to which
the licensee shall agree to forever defend, protect, indemnify and
save harmless the Township of Millburn, its officers, agents and employees,
from and against any and all claims, causes of action, injuries, losses,
damages, expenses, fees and costs arising out of, or which may arise
out of, the licensee's operation of such sidewalk cafe.
d.
The property shall be maintained as required by applicable Township regulations including the Property Maintenance Code and Chapter 12 of the State Sanitary Code.
e.
Wine and beer are the only alcoholic beverages which may be consumed
at a sidewalk cafe on the condition that table service is provided.
f.
Operating hours shall be between the hours of 7:00 a.m. and 11:00
p.m.
g.
The licensee shall be responsible for maintaining good order and
control of patrons and the sidewalk cafe premises.
h.
Enforcement of the requirements and specifications for sidewalk cafes
shall be the responsibility of the Police Department, Health Officer,
Fire Official, Zoning Officer and Code Enforcement Officer. The review
and report on the applications shall be completed by Township Officials
and acted on by the Township Committee within one month of the filing
of the application.
i.
Food preparation, cooking or storage of any food items is prohibited
outside the establishment at all times.
[Ord. No. 19-95 § 1; Ord. No. 2211-03 § 8]
a.
Licenses issued under the provisions of this section may be revoked
by the Township Business Administrator after hearing on notice for
any of the following causes:
b.
Notice of the hearing for revocation of license shall be given in
writing, setting forth specifically the grounds of complaint and the
time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five (5) days prior
to the date set for the hearing.
c.
The penalty upon an adverse finding for a first offense shall range
from a letter of reprimand to a suspension of from one (1) to thirty
(30) days of the sidewalk cafe license, for a second offense a suspension
of from thirty (30) to sixty (60) days and for a third offense a suspension
of sixty (60) days to one (1) year.
[Ord. No. 2371-11]
Shall mean the taking of still or motion pictures, either
on film, videotape, or similar recording medium, for any purpose intended
for viewing on television, in theatres, for advertising purposes,
or for institutional uses.
Shall mean any film which is financed and/or distributed
by a major motion picture studio, including but not limited to the
following:
Universal Pictures;
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire;
Paramount, including MTV Films and Nickelodeon Movie;
20th Century Fox, including Fox Searchlight;
Sony/Columbia;
Disney/Miramax;
MGM-United Artists;
Dreamworks;
Any film for which the budget is at least five million ($5,000,000.00)
dollars; and
Recurrent television series programming.
Shall mean the reporting or summarizing of information concerning
something that has either recently taken place or of current events
of general interest and includes such features commonly known as newscasts,
news bulletins and news anthology programs.
Shall mean a condition, activity or situation that interferes
with the use or enjoyment of property.
Shall mean motion picture or still photography produced to
satisfy a course or curriculum requirement at an educational institution.
The student filmmaker must supply proof that he/she is currently enrolled.
[Ord. No. 2371-11]
a.
No person shall film or permit filming within the Township of Millburn on any public or private property, public right-of-way, facility, and/or residence without first applying for and receiving a permit from the Township Clerk of the Township of Millburn. The permit shall be applied for no less than five (5) working days prior to the requested first day of filming, provided however, that the Township Clerk may waive the five (5) working day period if, in his/her judgment, the applicant has obtained all related approvals, has provided all of the submittals required by this section, and has obtained the written consent of all property owners who would be entitled to notice pursuant to subsection 4-41.3. The permit shall set forth the approved location of such filming, and also the approved duration of such filming, by specific reference to days and dates set forth the approved location of such filming, and also the approved duration of such filming by specific reference to days and dates.
b.
Permits shall be obtained in the Office of the Township Clerk and the permit application shall be in a form approved by the Township Clerk and shall be accompanied by a permit fee in the amount established by this subsection 4-41.10.
c.
No permit shall authorize filming for more than three (3) consecutive days in any one location and in no event shall filming at one location within the Township exceed ten (10) days in any one calendar year. Either or both of the three-consecutive-day and the ten-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by subsection 4-41.1 of this section and is approved by the Township Committee. The hours of filming set forth within subsection 4-41.4 of this section may be extended only if the applicant demonstrates that the requirements of subsection 4-41.7 of this section have been met.
d.
Said permit must be readily available for inspection by Township
officials at all times at the site of the filming.
e.
If the filming does not take place on the dates specified in the
permit due to inclement weather or other good cause, the Township
Clerk may issue a new permit at no additional fee.
[Ord. No. 2371-11]
No permit shall be issued for filming within the Township of
Millburn unless the applicant for such permit:
a.
Provides proof of insurance coverage including but not limited to:
b.
Specifies in writing that the Township of Millburn will be indemnified
and held harmless from any and all liability and damages. Such writing
shall be in a form approved by the Township Clerk.
c.
Posts cash or maintenance bond for the value of five thousand ($5,000.00)
dollars protecting and insuring that the location utilized for the
filming will be left in a satisfactory condition, free of debris,
rubbish, and equipment, and that due observance of all Township ordinances
and laws will be followed. The Township will return the bond within
seven (7) days of the completion of filming if there has been no damage
to the public property or public expense caused by the filming.
d.
Takes all reasonable steps to minimize interference with the free
passage of pedestrians and traffic over public lands and shall comply
with all the lawful directives issued by the Township of Millburn
Police Department, Fire Department, Building Department and other
departments with respect thereto.
e.
Provides proof of notice by the applicant to owners of properties
located, within two hundred (200) feet of the property lines of the
premises for which the permit is requested as measured along public
streets. Such notice shall be in writing and shall advise the property
owner of the date or dates upon which filming is to take place. Such
notice shall either be personally served or served by Certified Mail/Return
Receipt Requested upon the property owners entitled to receive the
notice. Upon the written request of the applicant, the Township shall,
within seventy-two (72) hours of such request, make and certify a
list from the current tax duplicates of the addressees of property
located within the Township of Millburn within two hundred (200) feet
of the property lines of the premises for which the permit is requested,
together with the names and addresses of record owners thereof. Notice
to owners of properties in adjoining municipalities shall be given
by personal service or by Certified Mail/Return Receipt Requested
to the Clerk of such adjoining municipality. Failure to give notice
to property owner on the list shall not invalidate the permit if proof
of an attempt is shown. Prior to commencing filming, the applicant
shall file an affidavit of proof of service with the Township Clerk.
[Ord. No. 2371-11]
a.
In residential zones, filming shall be permitted Monday through Friday
between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever
is earlier.
b.
The holder of a permit shall conduct filming such that the activity
does not create a nuisance, as defined herein. The permit holder shall
avoid any interference with previously scheduled activities upon public
lands and limit, to the extent possible, any interference with normal
public activity on such public lands.
c.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon completion of filming or the expiration
of the permit, whichever comes first.
d.
The permit holder shall comply with all lawful directives issued
by the Township of Millburn Police Department, Fire Department, and
Building Department and comply with all other applicable laws. When,
in the judgment of the Police Chief, Fire Chief or Construction Official,
that the presence of the Police, Fire or Code Enforcement personnel
are required in connection with the filming, the applicant shall reimburse
the Township for the costs of such personnel.
e.
The holder of the permit shall not conduct filming in such a manner
as to preclude access to adjoining properties from the public street
or to encroach upon adjoining property without the express written
consent from the owner and occupant thereof.
f.
Vehicles used in connection with the filming, including vehicles
of personnel associated with such filming, shall be parked off the
public right-of-way to the maximum extent permitted. Vehicles should
not be parked so as to encroach upon private property without the
express written consent from the owner or occupant thereof. Vehicles
parked in the public right-of-way shall comply with all applicable
parking and traffic regulations. Vehicles parked or located in violation
hereof may be towed by the Township of Millburn and the cost thereof
shall be reimbursed to the Township.
g.
The holder of the permit shall not permit any lights used in connection with the filming to shine directly into any windows on any other property or permit any noise to extend across property lines that is otherwise in violation of the Township's Noise Restrictions Ordinance at Section 3-7 of the Revised General Ordinances of the Township of Millburn. In the event of a violation thereof, the Township may abate such violation and charge the cost thereof to the permit holder.
[Ord. No. 2371-11]
a.
The Township Clerk may refuse to issue a permit or revoke a permit,
whenever he/she determines, on the basis of objective facts and after
a review of the application and input thereon by the Police Department
and/or other agencies impacted, that filming at the location and/or
time set forth in the application would violate any law or ordinance
or would unreasonably interfere with the public's use of public lands,
unreasonably interfere with the public's use and enjoyment of adjoining
properties, unreasonably impede the free flow of vehicular or pedestrian
traffic or otherwise endanger the public's health, safety or welfare.
b.
The Township reserves the right to require one or more patrolmen
on site, in situations where the filming may impede the proper flow
of traffic. The cost of said patrolmen shall be borne by the applicant
as a filming cost. Where existing electrical power lines are to be
utilized by the production, an on-site licensed electrician may be
similarly required if the production company does not have a licensed
electrician on staff.
[Ord. No. 2371-11]
a.
Any person aggrieved by a decision of the Township granting, denying
or revoking a permit may file a written notice of appeal for consideration
by the Township Committee. Such notice of appeal shall be filed with
the Township Clerk and shall set forth the reasons for the appeal.
b.
An appeal from the decision of the Township shall be filed within
ten (10) days of said decision. The Township Committee shall set the
matter down for a hearing within thirty (30) days of the filing of
the Notice of Appeal. The decision of the Township shall be in the
form of a resolution by the second regularly scheduled public meeting,
after the hearing of the appeal. The appellant may agree in writing
to a later date for the decision. If such a resolution is not adopted
within the time required, the decision of the Township shall be deemed
to be reversed.
[Ord. No. 2371-11]
The Township may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this subsection, the Township shall consider factors including
but not limited to:
a.
Traffic congestion at the location;
b.
The applicant's ability to remove film-related vehicles off public
streets;
c.
Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
d.
Nature of the film shoot itself: e.g. indoor or outdoors, day or
night, on public or private lands;
e.
Whether there was consultation with the Township Committee.
[Ord. No. 2371-11]
Copies of the approved permit shall be sent to the New Jersey
Motion Picture and Television Commission, as well as the Township
Police, Fire and Building Departments, before filming takes place.
The applicant shall permit Township inspectors to inspect the site
and equipment to be used. The applicant shall comply with all safety
instructions issued following such inspections.
[Ord. No. 2371-11]
In addition to any and all other fees or costs mentioned in
this chapter, the applicant shall reimburse the Township for any lost
revenue, including but not limited to, repairs required to public
property, and any revenue that the Township was prevented from earning
because of the filming.
[Ord. No. 2371-11]
a.
The fee schedule for permits authorized under this section shall
be as follows:
1.
Basic filming permit: one hundred fifty ($150.00) dollars except where applicant requests a waiver pursuant to subsection 4-41.2a requiring expedited processing of a permit application, in which case, the basic filming permit fee shall be five hundred ($500.00) dollars.
2.
Daily filming fee payable in addition to the basic filming permit
fee: six hundred ($600.00) dollars per day.
3.
Daily filming fee payable in addition to the basic filming permit
fee for a major motion picture: one thousand five hundred ($1,500.00)
dollars per day.
4.
Overnight parking/use of Township property: five hundred ($500.00)
dollars per day.
[Ord. No. 2371-11]
The provisions of this section relating to the requirements
for and the issuance of permits shall not apply to the filming of
news stories and student films, provided, however, that such filming
shall comply with the following requirements:
a.
In residential zones, the filming shall, to the extent possible,
occur only Monday through Friday between the hours of 8:00 a.m. and
7:00 p.m. or sundown, whichever is earlier.
b.
Filming shall be conducted in such a manner as to minimize the inconvenience
to adjoining property owners or the interference with previously scheduled
activities or normal public activities upon public lands. Recreation
Department shall be contacted for all park/recreation lands and adjacent
parking lots for their approval.
c.
Filming shall be conducted so as to minimize the creation and spread
of debris and rubbish during filming and, upon the completion of the
filming, those conducting the filming shall remove all equipment,
debris and other rubbish from the filming location.
d.
To the extent practical, advance notification shall be furnished
to the Township of such filming.
e.
Filming shall comply with all lawful directives issued by the Township
of Millburn Police, Fire and Building Departments.
f.
Filming shall be conducted in such a manner as to not preclude access
to adjoining properties from the public street or to encroach upon
adjoining property without the express written permission from the
owner thereof.
g.
Vehicles used in connection with the filming, including vehicles
of personnel associated with such filming, shall be parked off the
public right-of-way to the maximum extent permitted. Vehicles should
not be parked so as to encroach upon private property without the
express written consent from the owner or occupant thereof. Vehicles
parked in the public right-of-way shall comply with all applicable
parking and traffic regulations. Vehicles parked or located in violation
hereof may be towed by the Township of Millburn and the cost thereof
shall be reimbursed by the owner.
h.
Lights used in connection with the filming shall not shine directly into any window or upon other property nor shall any noise from the filming extend across property lines in excess of the limitation specified in the Township's "Noise Restrictions" ordinance at Section 3-7 of the Revised General Ordinances of the Township of Millburn.
[Ord. No. 2371-11]
A person violating any part of this ordinance shall be subject
to a fine not to exceed two thousand ($2,000.00) dollars. In the case
of continuing successive violations, a separate offense shall be deemed
committed on each day during on or which a violation of this ordinance
occurs or continues. Any penalty assessed pursuant to this provision
is in addition to and is not affected by the authority of the Township
Clerk to revoke the permit for a violation of the ordinance as hereinbefore
provided.
[Added 10-20-2020 by Ord. No. 2565-20]
As used in this section, the following terms shall have the
meanings indicated:
An individual or entity holding title to a property proposed
for short-term rental, by way of a legally recorded deed.
The owner of the property resides in the short-term rental property (also referenced as "STRP"), or in the principal residential unit with which the STRP is associated on the same lot, and identifies same as his or her principal residence as that term is defined in this § 4-42. For purposes of this § 4-42, if the owner of the property is an entity other than an individual or individuals, then at least one principal or member of the owner entity must reside in the STRP, or in the principal residential unit with which the STRP is associated on the same lot, and identify same as his or her principal residence as that term is defined in this § 4-42.
Both the short-term rental property owner and a person (property
manager) designated by the owner to be called upon and be responsible
at all times during the period of a short-term rental and to answer
for the maintenance of the property, or the conduct and acts of occupants
of the short-term rental property, and, in the case of the property
manager, to accept service of legal process of behalf of the owner
of the short-term rental property.
Rental of an owner-occupied dwelling unit, or any part of a dwelling unit, including any accessory building, structure or use to the dwelling unit, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants, as that term is defined in this § 4-42, for 28 consecutive days or less up to a cumulative total period of not to exceed 60 days in a calendar year, excluding community residences, shelters, adult family-care homes, a residence temporarily occupied by the owner of another residential property within the Township then undergoing construction activity, or the extension, on a month-to-month basis, of an existing lease with a term of at least six months' duration, by the existing tenant.
A residential dwelling unit that is used and/or advertised
for rent as a short-term rental by transient occupants as guests.
Dwelling units rented to the same occupant for more than 30 continuous
days, licensed bed-and-breakfast establishments, licensed rooming
or boarding houses, hotels, and motels shall not be considered short-term
rental property.
Any New Jersey-licensed real estate agent or other person
designated and charged, by the owner of a short-term rental property,
with the responsibility for making the STR application to the Township
on behalf of the owner, and fulfilling all of the obligations in connection
with completion of the short-term rental property permit application
process on behalf of the owner. Such person shall be available for,
and responsive to contact on behalf of, the owner, at all times.
Any person or a guest or invitee of such person who, in exchange
for compensation, occupies or is in actual or apparent control or
possession of residential property, which is either:
a.
It shall be unlawful for any owner of any property within the geographic bounds of the Township of Millburn, New Jersey, to rent or operate a short-term rental contrary to the procedures and regulations established in this § 4-42 or applicable state statute.
b.
Short-term rentals shall be permitted to be conducted in the following
classifications of property in the Township of Millburn:
1.
Individually or collectively owned single-family residences, which
one of the owners legally identifies as the address of his or her
principal residence, as that term is defined herein;
2.
Up to two separate units within a two-family residential dwelling,
where one of the two units is occupied by the owner and identified
by the owner as his or her principal residence, as that term is defined
herein;
3.
Not more than two bedrooms within a single-family residential dwelling
unit, where the bedrooms share common kitchen and bathroom facilities
with the occupant of the dwelling unit, and the remainder of the single-family
dwelling unit is occupied by the owner and identified by the owner
as his or her principal residence, as that term is defined herein;
4.
Guest houses, carriage houses, and any other qualifying structures
located on the same property as an owner-occupied dwelling.
c.
Notwithstanding the provisions of Subsection b above, short-term rentals shall not be permitted in boarding or rooming houses, dormitories, foster homes, adult family-care homes, assisted-living facilities, community residences for developmentally disabled persons, community shelters for victims of domestic violence, or nursing homes. Further, short-term rental of the following properties is prohibited:
1.
Condominiums or townhomes, where the condominium association by-laws
or master deed, or condominium rules and regulations, do not permit
such short-term rental of condominium units in the development;
2.
An individually or collectively owned single-family residential dwelling
unit, which address none of the owners legally identifies as his or
her principal residence;
3.
A unit in a two-family residential dwelling, where the other unit
is not occupied by the owner nor legally identified by the owner as
his or her principal residence;
4.
Apartments or units in a multifamily residential dwelling;
5.
Any room within a single-family, two-family or multifamily residential
dwelling unit, where the room shares common kitchen and bathroom facilities
with the occupant(s) of the dwelling unit in which it is located,
which occupant(s) is not the owner of the dwelling unit.
d.
The provisions of this § 4-42 shall apply to short-term rentals as defined above. The following do not qualify as a privately owned residential dwelling unit, as that term is used herein, and therefore do not need to obtain a short-term rental permit pursuant to this § 4-42: any hotel, motel, studio hotel, rooming house, dormitory, public or private club, bed-and-breakfast inn, convalescent home, rest home, home for aged people, foster home, halfway house, transitional housing facility, or other similar facility operated for the care, treatment, or reintegration into society of human beings; any housing owned or controlled by an educational institution and used exclusively to house students, faculty or other employees with or without their families; any housing operated or used exclusively for religious, charitable or educational purposes; or any housing owned by a governmental agency and used to house its employees or for governmental purposes.
a.
In addition to any land use requirement(s) set forth by the Township
of Millburn Land Use Regulations, the owner/operator of a short-term
rental property shall obtain a short-term rental permit from the Township
of Millburn Business Administrator, before renting or advertising
for rent any short-term rental.
b.
No person or entity shall operate an STRP, or advertise a residential property for use as an STRP, without the owner/operator of the property first having obtained an STR permit issued by the Township of Millburn Business Administrator. The failure to obtain a valid STR permit prior to advertising the short-term rental property in any print, digital, or internet advertisement or web-based platform, and/or in the MLS or any realtor's property listing shall be a violation of this § 4-42. No STR permit issued under this § 4-42 may be transferred or assigned or used by any person or entity, other than the owner to whom it is issued, or at any property location or dwelling unit other than the property for which it is issued.
c.
An owner of property intended to serve as a short-term rental property,
as defined herein, or any agent acting on behalf of the owner, shall
submit to the Township of Millburn Business Administrator a short-term
rental permit application provided by the Township, along with an
annual application/registration fee of $250. Said fee shall be nonrefundable,
including in the event that the application is denied. The fee shall
also constitute the required fee for the rental certificate of occupancy
application, referenced below.
d.
The short-term rental permit, if granted, shall be valid for a period
of one year from the date of issuance.
e.
The owner of an STRP, or any agent acting on behalf of the owner,
who intends to rent all of the property, or any permitted part thereof
as a short-term rental, shall also make application to the Business
Administrator in conjunction with the short-term rental permit application,
for the issuance of a rental certificate of occupancy for the short-term
rental property, on such forms as required by that Department.
f.
A short-term rental permit and rental certificate of occupancy shall
be renewed on an annual basis, based upon the anniversary of the original
permit issuance, by submitting to the Business Administrator a short-term
rental permit application and rental certificate of occupancy application
and a renewal registration fee of $250. A reinspection fee of $85
shall apply for each failed reinspection.
g.
The short-term rental permit shall expire automatically when the
short-term rental property changes ownership, and a new initial application
and registration fee will be required in the event that the new owner
intends to use the property as a short-term rental property. A new
application and registration fee shall also be required for any short-term
rental that had its short-term rental permit revoked or suspended.
a.
Applicants for a short-term rental permit shall submit, on an annual
basis, an application for a short-term rental permit to the Township
of Millburn Business Administrator, who shall review and issue said
permits with the assistance of such other departments or individuals
as s/he deems appropriate or necessary. The application shall be furnished,
under oath, on a form specified by the Business Administrator, accompanied
by the nonrefundable application fee as set forth above. Such application
shall include:
1.
The name, address, telephone number and email address of the owner(s)
of record of the dwelling unit for which a permit is sought. If such
owner is not a natural person, the application must include and identify
the names of all partners, officers and/or directors of any such entity,
and the personal contact information, including address and telephone
numbers for each of them;
2.
The address of the unit to be used as a short-term rental;
3.
A copy of the driver's license, voter registration or state identification card of the owner of the short-term rental property, confirming, as set forth in this § 4-42, that the property is the principal residence, as that term is defined herein, of the owner making application for the STR permit;
4.
The owner's sworn acknowledgement that they comply with the
requirement that the short-term rental property constitutes the owner's
principal residence, as defined above, or that the owner is entitled
to an exemption from that requirement as set forth above;
5.
The name, address, telephone number and email address of the short-term
rental property agent, which shall constitute his or her seven-day-a-week,
twenty-four-hour-a-day contact information;
6.
The name, address, telephone number and email address of the short-term
rental property responsible party, which shall constitute his or her
seven-day-a-week, twenty-four-hour-a-day contact information;
7.
The owner's sworn acknowledgement that he or she has received a copy of this § 4-42, has reviewed it, understands its requirements and certifies, under oath, as to the accuracy of all information provided in the permit application;
8.
The number and location of all parking spaces available to the premises,
which shall include the number of legal off-street parking spaces
and on-street parking spaces directly adjacent to the premises. The
owner shall certify that every effort will be made to avoid and/or
mitigate issues with on-street parking in the neighborhood in which
the short-term rental is located, resulting from excessive vehicles
generated by the short-term rental of the property, in order to avoid
a shortage of parking for residents in the surrounding neighborhood;
9.
The owner's agreement that all renters of the short-term rental
property shall be limited to one vehicle per two occupants in the
short-term rental property;
10.
Copies of two utility bills from the STRP that are less than 30 days
old;
11.
The owner's agreement to use his or her best efforts to assure
that use of the premises by all transient occupants will not disrupt
the neighborhood, and will not interfere with the rights of neighboring
property owners to the quiet enjoyment of their properties; and
12.
Any other information that this § 4-42 requires a property owner to provide to the Township in connection with an application for a rental certificate of occupancy. The Business Administrator or his designee shall have the authority to obtain additional information from the STRP owner/applicant or amend the permit application to require additional information, as necessary, to achieve the objectives of this § 4-42.
b.
Every application for a short-term rental permit shall require annual
inspections for the STRP's compliance with the Township's
fire safety regulations and Property Maintenance Code.[1] In addition, each application is subject to review to verify the STRP's eligibility for use as a short-term rental and compliance with the regulations in this § 4-42. Failure to abate any outstanding violations prior to occupancy shall result in a summons.
d.
e.
The STRP owner/permit holder shall publish the short-term rental
permit number issued by the Township in every print, digital, or internet
advertisement, and/or in the Multiple Listing Service (hereinafter
"MLS") or other real estate listing of a real estate agent licensed
by the New Jersey State Real Estate Commission, in which the short-term
rental property is advertised for rent on a short-term basis.
f.
In no event shall a short-term rental property be rented to anyone
younger than 21 years of age. The primary occupant of all short-term
rentals executing the agreement between the owner and the occupant
must be over the age of 21, and must be the party who will actually
occupy the property during the term of the short-term rental. The
primary occupant may have up to three guests who will share and occupy
the property with them. Both the primary occupant executing the short-term
rental agreement and the STRP owner shall be responsible for compliance
with this provision, and shall both be liable for a violation, where
the property is not occupied by at least one adult over the age of
21, during the term of the short-term rental.
a.
Once an application is submitted, complete with all required information and documentation and fees, the Business Administrator, following any necessary investigation for compliance with this § 4-42, shall either issue the short-term rental permit and certificate of occupancy, or issue a written denial of the permit application (with the reasons for such denial being stated therein), within 10 business days.
b.
If denied, the applicant shall have 10 business days to appeal in
writing to the Business Administrator, by filing the appeal with the
Business Administrator's office.
c.
Within 30 days thereafter, the Business Administrator or his designee
shall hear and decide the appeal.
d.
A permit shall only be issued after all outstanding violations have
been abated.
a.
All short-term rentals must comply with all applicable rules, regulations
and ordinances of the Township of Millburn and all applicable rules,
regulations and statutes of the State of New Jersey, including regulations
governing such lodging uses, as applicable. The STRP owner shall ensure
that the short-term rental is used in a manner that complies with
all applicable laws, rules and regulations pertaining to the use and
occupancy of a short-term rental.
b.
A dwelling unit shall be limited to a single short-term rental contract
at a time.
c.
The owner of an STRP shall not install any advertising or identifying
mechanisms, such as signage, including lawn signage or mailbox signage,
identifying the property for rent as a short-term rental property.
d.
Transient occupants of the STRP shall comply with all ordinances
of the Township of Millburn, including, but not limited to those ordinances
regulating noise and nuisance conduct. Failure of transient occupants
to comply shall subject the transient occupants, the owner of the
STRP, the responsible party and the short-term rental agent listed
in the short-term rental permit application, to the issuance of fines
and/or penalties, and the possibility of the revocation or suspension
of the STRP permit.
e.
The owner of an STRP shall post the following information on an eight-and-one-half-inch-by-eleven-inch
placard placed at eye level on the inside surface of the front door
within the short-term rental:
1.
Owner name; if owner is an entity, the name of a principal in the
entity, and phone number for the owner (individual);
2.
The names and phone numbers for the responsible party and the short-term rental agent (as those terms are defined in this § 4-42);
3.
The phone numbers for the Millburn Police Department, the Millburn
Fire Department, the Township of Millburn Department of Code Enforcement
and the Township of Millburn Business Administrator;
4.
Trash and recycling pickup day, and all applicable rules and regulations
regarding trash disposal and recycling;
5.
Notification that a guest, transient occupant, the short-term rental property agent, the responsible party or STRP owner may be cited or fined by the Township of Millburn Police Department, the Township of Millburn Business Administrator, or Code Enforcement Official for violations of this § 4-42, or with any applicable Ordinance(s) of the Township of Millburn;
f.
In the event any complaints are received by the Millburn Police Department,
Code Enforcement or the Business Administrator regarding the short-term
rental and/or the transient occupants in the STRP, and the owner of
the STRP is unreachable or unresponsive, both the responsible party
and the short-term rental agent listed in the short-term rental permit
application shall have the responsibility to take any action required
to properly resolve such complaints, and shall be authorized by the
STRP owner to do so.
g.
While an STRP is rented, the owner, the short-term rental agent,
or the responsible party shall be available 24 hours per day, seven
days per week for the purpose of responding within two hours to complaints
regarding the condition of the STRP premises, maintenance of the STRP
premises, operation of the STRP, or conduct of the guests at the STRP,
or nuisance complaints from the Millburn Police Department or neighbors,
arising by virtue of the short-term rental of the property.
h.
If the STRP is the subject of one or more substantiated civil and/or
criminal complaints, the Business Administrator or his designee may
revoke the short-term rental permit issued for the property, in which
case, the STRP shall not be eligible to apply for a new STRP permit
for one year following the date of revocation of the permit.
i.
Failure to make application for, and to obtain the issuance of, a
short-term rental permit prior to advertising the STRP in print publications
or newspapers, on any internet-based booking platforms, or online,
and/or in the MLS or other real estate listing of a real estate agent
licensed by the New Jersey State Real Estate Commission, shall be
equivalent to operation of the STRP without a permit, and shall constitute
a violation of this Code, and will result in enforcement action and
the issuance of a summons, and shall subject the STRP owner, the short-term
rental agent, and the responsible party to issuance of fines and/or
penalties.
j.
The person offering a dwelling unit for short-term rental use must
be the owner of the dwelling unit. A tenant of a property may not
apply for a short-term rental permit, nor shall the property or any
portion thereof be subleased by the tenant on a short-term basis,
or operated as an STRP by the tenant. This STRP regulation shall supersede
any conflicting provision in a private lease agreement permitting
subleasing of the property, or any portion of the property. Violation
of this Subsection will result in enforcement action against the tenant,
the STRP owner, the short-term rental agent, and the responsible party,
and will subject all such parties to the issuance of a summons and
levying of fines and/or penalties.
k.
In the event that the Township receives three substantiated complaints
concerning excessive vehicles belonging to the transient occupants
of an STRP, the short-term rental permit for the property is subject
to revocation by the Business Administrator or his designee.
l.
The STRP owner must be current with all tax and sewer charges assessed
to the property prior to the issuance of a short-term rental permit.
In the event that any code violations have been issued by the Township
relating to the STRP, a short-term rental permit shall not be issued
until such time as such violations have been properly abated. The
STRP owner must also close any open construction permits for the property
prior to the issuance of a short-term rental permit.
m.
All fines or penalties issued by the Municipal Court for the Township
of Millburn for any past code violations relating to the STRP, including
penalties for failure to appear in Court, must be satisfied in full
prior to the issuance of a short-term rental permit.
n.
Only one vehicle per two transient occupants is permitted per short-term
rental.
o.
No more than two bedrooms in any dwelling unit may be rented concurrently.
p.
Short-term rentals may be occupied concurrently by no more than four
transient occupants.
a.
The provisions of this § 4-42 shall be enforced by the Zoning Officer, Building Code Official, Fire Official, Health Department, Police Department, Code Enforcement, Business Administrator or other department head or Subcode or Code Official, as their jurisdiction may arise or other persons designated by the Township Committee, to issue municipal civil infractions directing alleged violators of this § 4-42 and/or to appear in court or file civil complaints.
b.
Any person found to have violated any provision of this § 4-42, without regard to intent or knowledge, shall be liable for the maximum civil penalty, upon adjudicated violation or admission of a fine not exceeding $2,000. Each day of such violations shall be a new and separate violation of this § 4-42.
c.
All fines and/or penalties issued for a violation of this § 4-42 shall be due and payable to the Township within 30 calendar days. If the owner fails to remit payment to the Township within 30 calendar days, the Township of Millburn may pursue any and all remedies available at law in order to recover the unpaid fine(s) or penalty(ies).
d.
The fines and/or penalties imposed herein shall be in addition to
any and all other remedies that may accrue under any other law, including,
but not limited to, eviction proceedings and/or injunction, reasonable
attorneys' fees or other fees and costs, in the Township's
Municipal Court or the Superior Court of New Jersey in the vicinage
of Essex County or in such other court or tribunal of competent jurisdiction,
by either summary disposition or by zoning or construction code municipal
proceeding.
Charges for short-term rentals are subject to sales tax in accordance
with N.J.S.A. 54:32B-1 et seq. and the state occupancy fee in accordance
with N.J.S.A. 54:32D-1 et seq.
