City of Sea Isle, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
History Note: General regulations and fees for licensing were contained in Art. I, Chapter 15, of the 1976 Code. Amending ordinances included: No. 639, No. 649, No. 728, No. 813, No. 870, No. 906, No. 952, No. 988, No. 1005 and No. 1023. Ord. No. 649 is the ordinance that re-established the fees in this chapter with amendments as shown in each section where applicable.
[1976 Code § 15-1; Ord. No. 649 § 1]
It shall be unlawful, and a violation of this chapter, for any person to carry on, conduct or engage in business within the City without first having obtained a license so to do and made payment of the proper license fee set forth hereunder.
[1976 Code § 15-2; Ord. No. 649 § 2; Ord. No. 870 § 1; Ord. No. 990 § 1; Ord. No. 1142 § 1; Ord. No. 1120 §§ I-V; Ord. No. 1341 § I; Ord. No. 1473 (2010) § I; Ord. No. 1511 20-11) § 1]
The following established license fees shall apply to all persons doing business within the City:
a. 
Auctioneers selling real estate or household contents shall pay a licensing fee of $50 per day.
b. 
Auctioneers selling merchandise, goods or chattels shall pay a licensing fee of $1,000.
c. 
Hotels, motels, boarding houses and rooming houses containing 10 or more rental units shall pay a licensing fee of $150.
d. 
Hotels, motels, boarding houses and rooming houses containing nine or less rental units shall pay a licensing fee of $150.
e. 
Traveling shows, circuses and carnivals shall pay a licensing fee of $400.
f. 
Places of amusements, motion picture houses, and theaters shall pay a licensing fee of $150.
g. 
Flying machines for hire or carrying passengers shall pay a licensing fee of $200.
h. 
Carrying on, transacting or conducting business exclusively along public streets and rights-of-way by selling or soliciting orders for sales of anything or using any public street and rights-of-way for the delivering thereof shall pay a licensing fee of $175.
i. 
All businesses not otherwise provided for in this subsection shall pay a licensing fee of $150.
j. 
Prior to June 1st, a license fee in the amount of $150 for the rental of residential premises pursuant to Chapter 11 of this Code, governing the rental of dwellings, fixing the responsibility of landlords and tenants and fixing a penalty for a violation therefor. On June 1, the fee shall become $200. The fee shall remain $150 after June 1 for property owners who have never rented the property before and for property owners acquiring the rental property after May 31.
k. 
Pursuant to N.J.S.A. 40:52-7 33 1/3% of mercantile license fees, not to exceed $50, shall be allotted to the Tourism Development Commission pursuant to N.J.S.A. 40:52-8.
[1976 Code § 15-3; Ord. No. 649 § 3]
a. 
The licensing fee requirements of paragraphs a and b of subsection 4-1.2 shall be waived for:
1. 
Selling any collateral held by banking institutions.
2. 
Conductions of any sale pursuant to a Court order.
3. 
Merchants closing out their business of goods, wares, merchandise or chattels, provided the stock is disposed of within five days and that there shall be no replacements or additions to the stock on hand.
b. 
The licensing fee required under paragraph e of subsection 4-1.2 shall be waived if the entire proceeds therefrom are for charity.
c. 
The licensing fee required under paragraph h of subsection 4-1.2 shall not apply to orders taken without this City or to soliciting of orders by wholesale dealers to retail dealers, or to the sale or delivery of newspapers, magazines or periodicals.
[1976 Code § 15-4; Ord. No. 649 § 4; Ord. No. 1559 (2014)]
The licensing fee provided in subsection 4-1.2 shall be valid for the year in which it is issued and shall expire December 31 of the year of issue. All license fees shall be payable on or before June 1 of the year of issue. Prior to June 1 of the year of intended operation or conduction of business, an annual license fee in the amount set forth in Chapter 4 for a mercantile license shall be paid to the City Clerk. Any business owner or operator who conducts any business governed by this chapter of the Sea Isle City Revised General Ordinances, who has not paid the required annual fee set forth herein by the deadline of May 31 shall be subject to a late fee of $50 in addition to that fee which is normally required.
[1976 Code § 15-5; Ord. No. 649 § 5; Ord. No. 1431 § XI]
The City Clerk is hereby authorized to issue any license upon the payment of the license fee provided for in this section, upon application by the applicant, in writing on a form approved by the Mayor, and to issue any such permit as provided for in this section.
[1976 Code § 15-6; Ord. No. 649 § 6]
A licensee is hereby required to exhibit his/her license whenever called upon to do so and every farmer having a permit shall have the permit displayed in a conspicuous manner on the vehicle.
[1976 Code § 15-7; Ord. No. 649 § 7]
This section shall not apply to any corporation authorized to transact business by the State Department of Banking and Insurance or to corporations authorized to transact business by any department of the government of the United States of America, or to any person licensed to transact business by the State or any department thereof.
[1976 Code § 15-8; Ord. No. 649 § 8]
If any person makes use of the business so licensed or of the business for which a permit has been granted as a means to violate any of the ordinances of the City or the laws of the State, the license or permit may be forfeited.
[1976 Code § 15-9; Ord. No. 649 § 9]
Every person or corporation whose business is serving food shall, for the convenience of customers and employees, be equipped with toilet and running water and have sewer service by being connected with a sanitary sewer. A license will not be granted to any applicant unless the place of business is so equipped.
[1976 Code § 15-10; Ord. No. 649 § 10]
No license shall be issued that would permit the vending and sale of any goods, wares or merchandise on the boardwalk or beaches and such acts of vending or sale are hereby prohibited.
[1976 Code § 15-11; Ord. No. 649 § 11; Ord. No. 1431 § XII]
Outside displays of goods, wares or merchandise for sale or intended sale or for display are hereby prohibited. This provision is deemed necessary in the interest of the health, safety and general welfare of the public and for that reason, in appropriate cases, the Mayor may grant exceptions to this restriction when in his/her judgment, the public interest will not be subjected to injury or danger or that the public health will not be impaired thereby.
[1976 Code § 15-3.1; Ord. No. 649 § 13; Ord. No. 990 § 2; New; Ord. No. 1220 § XIV; Ord. No. 1300 § I]
Any person, firm, association, partnership or corporation violating any subsection of this section shall be liable, upon conviction, to a penalty that consists of a fine which may be fixed at an amount not exceeding $500. The court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, imprisonment in the City or County Jail for a term not exceeding 90 days; or by a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court.
Any repetition of any violations of this section shall be deemed a new offense.
[1]
Editor's Note: See also Section 4-3 Itinerant Vendors. History notes in Section 4-1 also applicable to this section.
[Ord. No. 1023 preamble; Ord. No. 1431 § XIII]
a. 
N.J.S.A. 40:48-1 permits the Governing Body of every municipality to make, amend, repeal and enforce ordinances, to prescribe and regulate the place of vending or exposing for sale, articles or merchandise from vehicles.
b. 
N.J.S.A. 40:48-2 permits any municipality to make, amend, repeal and enforce such other ordinances as may be necessary and proper for the good of government, order and protection of persons and property and for the preservation of the public health, safety and welfare of the municipality and its inhabitants.
c. 
N.J.S.A. 40:52-1 permits a governing body to make, amend, repeal and enforce ordinances to license and regulate the sale of goods, wares and merchandise to be sold to the public.
d. 
N.J.S.A. 45:24-9 permits a municipality to regulate the hawking, peddling and vending of any goods, wares, or merchandise on public streets and highways.
e. 
The Governing Body deems it appropriate to further regulate the hawking, peddling and vending of goods upon the public streets of the City so as to avoid undue congestion of pedestrian and vehicular traffic and to prevent disorderliness and violence upon the public streets of the City.
[Ord. No. 1023 § 2A]
Other than those individuals licensed to hawk, peddle or vend goods, pursuant to N.J.S.A. 45:24-9 et seq., the hawking, peddling or vending of ready-to-eat foods and refreshments upon the public places, streets, beaches, boardwalk or Promenade within the jurisdiction of the City are hereby prohibited.
Any individual entitled to hawk, peddle or vend any goods, wares, or merchandise or solicit a trade within the City pursuant to the provisions of this section or N.J.S.A. 45:24-9 shall be regulated by the provisions of this section.
[Ord. No. 1023 § 2B]
It shall be unlawful for any person to place or maintain any showcase, box, barrel, can, package or other container or device for the display of merchandise on or over any sidewalk, roadway or public place in the City, other than a display device mounted on wheels designed and maintained in such a manner so as to facilitate its movement in order to minimize inconvenience to pedestrians on the sidewalks, roadways and public places. No more than five cooler containers shall be permitted.
[Ord. No. 1023 § 2B]
It shall be unlawful for any person to park a vehicle on a public roadway or street for the purpose of, or during the process of, soliciting sales or business, displaying goods for sale or selling, or offering to sell, for delivery of goods and merchandise to buyers, consumers or other persons who are occupants of vehicles, standing or moving on the public streets and highways.
[Ord. No. 1023 § 2B]
It shall be unlawful for any person to vend, hawk, or peddle any goods within 100 feet of any fixed business establishment or any other person vending, peddling or hawking goods.
[Ord. No. 1023 § 2B]
Any person permitted to hawk, peddle or vend goods or other refreshments pursuant to N.J.S.A. 45:24-9 shall provide those facilities which are necessary for the collection and the disposal of all trash and garbage which may reasonably be expected to result from the business operation.
[Ord. No. 1023 § 2B]
All vending units shall not be permitted to be in use and shall be off the streets and sidewalks of the City from 6:00 p.m. until 9:00 a.m., and there shall be no vending of any type during this period.
[Ord. No. 1023 § 2B; Ord. No. 1288 § I]
There shall be no more than eight licenses issued for the City. A person holding a license in a prior year shall have priority with regard to the issuance of a license in the following year. All priority rights under this subsection shall expire March 1 annually. Applications under this section shall be accepted beginning January 1 of the licensing year. Licenses shall be issued, other than priority licenses, on a chronological basis on or before March 5 of the licensing year.
[Ord. No. 1023 § 2B]
All vending units shall be on wheels and shall be capable of being manually moved by one person.
[Ord. No. 1023 § 2B]
No vending unit shall be permitted upon the streets and sidewalks of the City unless in operation and attended by an honorably discharged veteran licensed by the State of New Jersey and Sea Isle City. The veteran will be permitted to leave his/her vending cart for a period not to exceed one hour. Such period of nonattendance cannot occur at intervals closer than three hours.
[Ord. No. 1023 § 2B]
There shall be no sale of food or beverage for immediate consumption unless the vendor has made available for public use a litter receptacle for both trash and recyclable refuse.
[Ord. No. 1023 § 2B]
No vendor shall leave any location without first picking up, removing or disposing of all trash or refuse remaining from the sales made by him. He/she shall not sweep into or deposit any accumulation of litter into any gutter, street, drain, or storm sewer.
[Ord. No. 1023 § 2B]
No vendor shall solicit or conduct business with persons in motor vehicles.
[Ord. No. 1023 § 2B]
No person shall sell anything other than such commodities described in his/her registration.
[Ord. No. 1023 § 2B]
No vendor shall use any device which produces a loud or raucous noise or use or operate any loudspeaker, public address system, sound amplifier or similar device to attract the attention of the public.
[Ord. No. 1023 § 2B]
No vendor shall allow his/her vending unit or any other item relating to the operation of the vending business to be placed against any building or other structure without the consent of the owner of the building or structure.
[Ord. No. 1023 § 2B]
No person shall hawk, peddle or vend unless he has in his/her possession a valid State License issued pursuant to Title 45 of the New Jersey Statutes Annotated and his or her municipal registration license.
[Ord. No. 1023 § 2B]
No vendor vending from a motor vehicle shall conduct his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion, or delay or constitute a hazard to traffic, life or property or an obstruction to an adequate access to fire, police or sanitation vehicles.
[Ord. No. 1023 § 2B]
All vending units must be thoroughly covered with proper material to assure that no portion that is heated is exposed where the public is able to come in contact with it.
[Ord. No. 1023 § 2B]
No vendor shall use any conveyance, device or thing whatsoever which, when fully loaded with merchandise, cannot be easily moved and maintained under control by the vendor.
[Ord. No. 1023 § 2B]
No vendor shall stop, stand, park, place nor allow his/her conveyance closer than 150-foot radius from any other conveyance being used by any other vendor.
[Ord. No. 1005; Ord. No. 1023 § 2B; Ord. No. 1070 § 1; Ord. No. 1157 § I; Ord. No. 1288 § II; Ord. No. 1504 (2011) § X]
Vendors shall be permitted only at the following locations:
a. 
At 32nd Street, not closer than 20 feet to the Promenade or to the beach;
b. 
At 40th Street, not closer than 20 feet to the beach;
c. 
At 52nd Street, not closer than 20 feet to the beach;
d. 
At 59th Street, not closer than 20 feet to the beach;
e. 
At 75th Street, not closer than 20 feet to the beach;
f. 
At 77th Street, not closer than 20 feet to the beach;
g. 
At 81st Street, not closer than 20 feet to the beach;
h. 
At 85th Street, not closer than 20 feet to the beach.
[Ord. No. 1023 § 2C; Ord. No. 1431 § XIV]
a. 
Licenses issued under the provisions of this section may be revoked by the Administrator after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation, or false statement contained in the application for the license;
2. 
Fraud, misrepresentation, or false statement made in the course of carrying on his/her business as a licensee under this section;
3. 
Any violation of this section; or
4. 
Conducting business as a licensee under this section in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of 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. The notice shall be mailed, post prepaid, to the licensee at his/her last known address at least five days prior to the date set for the hearing. (The address given in the application for license shall be prima facie evidence of his/her last known address.) The licensee shall be entitled to representation by counsel, and shall have the right to cross-examine witnesses and produce testimony on his/her behalf.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 1447.
[Ord. No. 1457 (2008) § I; Ord. No. 1547 (2013)]
The purpose of this section is to promote sidewalk dining areas on the public right-of-way in the City of Sea Isle City in a manner that promotes and enhances enjoyment of the City's ambiance and outdoor resources. The City seeks to promote sidewalk dining to effectuate increased patronage at dining establishments in the City that are properly licensed under Sea Isle City Code subsection 4-1.9. The City will promote sidewalk dining by allowing portions of the public right-of-way, between the curb and the adjacent property line, to be used by properly licensed dining establishments.
Sidewalk dining with or without the service of or consumption of alcoholic beverages is permitted for businesses licensed to serve food in all commercial zones of the City.
[Ord. No. 1457 (2008) § I]
ALCOHOL OR ALCOHOL BEVERAGE
Shall mean any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.
CITY
Shall mean the City of Sea Isle City, New Jersey.
COUNTY
Shall mean the County of Cape May County, New Jersey.
DINING ESTABLISHMENT
Shall mean any person or corporation, whose business is serving food that has properly obtained a license to serve food pursuant to Sea Isle City Code 4-1.9.
SIDEWALK DINING AREA
Shall mean an area adjacent to a dining establishment that is also located within the sidewalk area of the public right-of-way, or located on a combination of the public right-of-way and the set back of a dining establishment. The dining establishment shall be permitted to use the full width of the cemented or paved sidewalk area, subject to regulations herein, including any extensions of the sidewalk.
[Ord. No. 1457 (2008) § I]
This section entitled "Sidewalk Dining" applies to all persons and corporations whose business is service food in the City of Sea Isle City, in the Commercial District as defined in the Zoning Code.
[Ord. No. 1457 (2008) § I]
Sidewalk dining shall be permitted provided that the dining establishment has complied with this section, obtained all appropriate licenses for service food, and other approvals as may be required by the City Planning Board, Zoning Board, Zoning Official, Code Enforcement, Health Inspector, or any other City Official.
Should the sidewalk be in the County right-of-way then in addition to the above approvals, all County approvals and requirements must be met before application for a license pursuant to subsection 4-3.7 herein.
[Ord. No. 1457 (2008) § I]
The City of Sea Isle City reserves its right to amend, terminate or repeal this section and accordingly no property rights are granted to any person(s) or entities by virtue of this section. All person(s) or entities seeking to comply with this section are hereby given express notice that any expenditures of funds, or other costs, in reliance on the provisions of this section shall be at their sole expense. All person(s) or entities seeking to comply with this section are hereby given express notice that they bear the sole risk of loss for any expenditures and costs in the event this section is amended, terminated or repealed. The foregoing reservations apply to any use of the County right-of-way.
[Ord. No. 1457 (2008) § I; Ord. No. 1563 (2014) § 1]
Sidewalk dining areas shall be designed and regulated as follows:
a. 
The design of outdoor tables, chairs umbrellas and all other outdoor personal property of the dining establishment shall be aesthetically consistent with surrounding design and architecture.
b. 
No advertisement shall be permitted on outdoor tables, chairs, umbrellas or other outdoor personal property of the dining establishment.
c. 
Awnings, canopies and/or umbrellas may be used in conjunction with a sidewalk dining area. Awnings, canopies and umbrellas shall be adequately secured. All umbrellas, outdoor benches, tables, chairs and other outdoor facilities shall be removed and stored on the private property of the dining establishment to prevent use and access by the public during non-business hours. Permanent dining awnings/canopies approved pursuant to Chapter 15 herein shall be exempt from the removal of movable property if approved at time of application. At no point shall the lowest portion of an awning, canopy or umbrella, including the valance, be less than seven feet from the adjacent grade elevation or more than 15 feet above the adjacent grade elevation, in height.
d. 
The tables shall not be greater than six seats per table.
e. 
The design and layout of the sidewalk dining area shall not cause irreparable damage to existing landscape.
f. 
The highest standards of cleanliness of the sidewalk area shall be maintained at all times including frequent litter and trash/recycling removal within, around, and beyond the subject property. A plan for litter and trash/recycling removal and handling, and over-all cleanliness and maintenance shall be submitted with the application for sidewalk dining.
g. 
No bottles, plates, bowls, glasses or trash/recycling shall be on the ground, and the dining establishment shall properly organize and dispose of such items to prevent tripping or falling.
h. 
The hours of operation for sidewalk dining shall be from 7:00 a.m. to 11:00 p.m. on all days of the week.
i. 
Alcohol, whether the alcohol is provided by the dining establishment or brought to the dining establishment by the patron, shall be allowed only from 11:00 a.m. to 11:00 p.m. on Monday through Saturday, and from 12:01 p.m. to 11:00 p.m. on Sunday.
j. 
Tables and chairs occupying the public right-of-way during business hours shall be stored on the private property of the dining establishment to prevent use and access by the public during non-business hours.
k. 
Only soft music shall be permitted at sidewalk dining areas.
l. 
No outdoor lighting shall be permitted except small self-powered tabled lighting, other than approved signs and light fixtures.
m. 
Low barriers of a temporary nature may be placed at the edge of seating areas during business hours so long as there is no interference with public safety or pedestrian movement patterns. Nothing is to be placed beyond the restaurant property that will infringe on the adjacent property owner(s).
n. 
There shall be no outside cooking or food preparation of any kind. This provision applies strictly to sidewalk dining and is not intended to prohibit the activities of approved hotdog vendors.
o. 
Food purchased at a sidewalk dining area shall not be sold or purchased from a permanent or temporary area that is located outside. Food service will be provided from inside the dining establishment.
p. 
Sidewalk dining areas shall only be permitted in a setback and sidewalk area directly adjacent to a dining establishment, including any extensions of the sidewalk.
q. 
The layout of outdoor tables, chairs, umbrellas and all other property shall not in any way interfere with pedestrian or vehicular safety, or with necessary access by fire, police and ambulance personnel.
r. 
If outdoor tables and seating at sidewalk dining areas cause complaints from neighbors and the problem is not immediately abated, upon notice from the Sea Isle City Police Department, Code Enforcement or other City Official, the outdoor tables and seating shall be removed and the dining establishment's sidewalk dining license may be revoked and terminated immediately.
s. 
Dining establishments, licensed to serve alcohol by the New Jersey Division of Alcoholic Beverage Control, that are seeking to provide and allow for consumption of alcohol in the sidewalk dining area must strictly comply with this chapter, Chapters VI and subsection 3-6.8 of the Sea Isle City Revised General Ordinances, and all other applicable laws of the City and the State of New Jersey.
t. 
Dining establishments, not licensed to serve alcohol by the New Jersey Division of Alcoholic Beverage Control, that are seeking to allow patrons to consume alcoholic beverages in the sidewalk dining area must strictly comply with this chapter and subsection 3-6.8 of the Sea Isle City Revised General Ordinances, and all other applicable laws of the City and the State of New Jersey. In addition such establishments shall meet the following:
1. 
All outside servers shall be 18 years of age or older.
2. 
All outside servers shall complete the T.I.P.S. Training Program.
3. 
No one visibly intoxicated shall be permitted to consume alcohol.
4. 
No coolers or chilling containers shall be allowed except as permitted to be supplied by the establishment consistent with State Law.
u. 
The layout of the sidewalk dining area, and all items therein, shall be arranged in a manner providing no less than six feet of unobstructed paved passageway for pedestrians walking between the sidewalk dining area and the edge of the curb. The purpose of this section is to provide pedestrians a minimum of six feet of free passage at all times and under all conditions on paved areas. The minimum six-foot passage way shall be completely free of obstructions, including but not limited to trash and recycling receptacles, paper boxes, trees, poles and any other sidewalk installations.
v. 
The layout of the sidewalk dining area, shall be designed, if not abutting the building, to allow for safe crossing of servers through the pedestrian passageway and shall be entirely on the sidewalk adjacent to the dining establishment. In no event shall the dining area or pedestrian passageway enter or cross a City or County street.
[Ord. No. 1457 (2008) § 1; Ord. No. 1563 (2014) § 2]
Any dining establishment seeking a license for sidewalk dining pursuant to this section must make application to the Sea Isle City Business Administrator or a designee thereof annually in conjunction with the submission of an application for mercantile license. Any dining establishment seeking an inspection for approval of a new awning or canopy system shall adhere to the requirements set forth in Section 15-7 prior to or while obtaining a dining license. Approval must be received from the Sea Isle City Business Administrator or a designee thereof and all other requirements for consumption of alcohol at the sidewalk dining areas must also be obtained, when applicable, before the dining establishment may begin to set up any sidewalk dining areas.
[Ord. No. 1457 (2008) § I]
The application for a sidewalk dining area license shall be on City forms, completely filled out and submitted to the Sea Isle City Business Administrator or a designee thereof, and in accordance with a schedule to be set by the Business Administrator or a designee thereof, with the following items and information to be provided:
a. 
Scaled layout of proposed tables, chairs, trash/recycling receptacles, bus trays and low barriers, showing dimensions of tables, chairs, trash/recycling receptacles and overall area with respect to the building facade, sidewalk space, existing poles, signs, trees or other sidewalk installations. The layout shall address all issues required in subsection 4-3.6, Design and Regulation of Sidewalk Dining Area.
b. 
Whether the dining establishment seeks to allow for consumption of alcoholic beverages in the sidewalk dining area, and if so, whether the dining establishment is licensed and approved by the New Jersey Division of Alcoholic Beverage Control to serve alcohol in the sidewalk dining area.
c. 
A detailed narrative, supported by a plan of relevant information, describing the method of serving tables, the proposed hours of outdoor service, where alcohol will be consumed at the sidewalk dining area and how it will be served, and the method of outdoor litter control and trash/recycling handling.
d. 
Photographs or diagrams indicating the style, colors, sizes and materials used for tables, chairs, umbrellas and other property in the operation of the sidewalk dining area.
e. 
A description of the existing buildings on either side of the dining establishment.
f. 
A nonrefundable application fee shall be paid to the City at the time the application is submitted to the City as follows:
1. 
$100 — For dining establishment which shall not allow the service or consumption of alcohol in the sidewalk dining area.
2. 
$200 — For dining establishment which will allow service and/or consumption of alcohol in the sidewalk dining area.
g. 
Proof that the County has approved the placement of tables etc., and service of food, alcohol etc. in its right of way, if applicable.
h. 
Proof of approval from the New Jersey Division of Alcoholic Beverage Control, when applicable.
[Ord. No. 1457 (2008) § I]
In the processing applications for sidewalk dining, the Sea Isle City Business Administrator or a designee thereof shall confer as necessary with the Police, Fire Department, Code Enforcement Officer, Construction Official, City Clerk and the City Engineer, and shall use the following factors to determine to provide, or continue to provide, a license for sidewalk dining:
a. 
Pedestrian safety.
b. 
Level of pedestrian traffic in the area.
c. 
Vehicular safety.
d. 
Level of vehicular traffic in the area.
e. 
Public safety.
f. 
The management plan for clean up, litter control, and trash/recycling handling.
g. 
Impact on existing landscaping.
h. 
Potential interference with police or fire safety.
i. 
Interference with use and enjoyment of adjacent property owners.
j. 
Present and past deviation from compliance with the terms of this section and other provisions pertaining to sidewalk dining areas.
k. 
Adequacy of the design plan submitted pursuant to subsection 4-3.6.
l. 
Compliance with County conditions where applicable.
[Ord. No. 1457 (2008) § I]
No sidewalk dining license shall be issued before the City receives proof of the following:
a. 
Insurance. Each applicant must supply the City with a certificate of insurance to hold harmless the City, showing limits of not less than $1,000,000 bodily injury and property damage, combined single limit of liability; and for any establishments that are permitted to allow or sell alcoholic beverages, the applicant shall also provide for liquor liability insurance with not less than $2,000,000 bodily injury and property damage, combined single limit of liability. The City must be added to the liability insurance policy of the permit applicant, as an additional insured. The policy or policies of insurance must be with a company or companies authorized to do business in the State of New Jersey and shall be delivered to the City, with evidence of payment of premiums therefor. If the dining establishment abuts a County right-of-way in addition to the above, the County shall be added as an additional insured.
The City shall be designated by applicant to be notified by the insurance company in the event of cancellation of insurance for any reason.
b. 
Hold harmless, permit applicants must also agree to save, hold and keep harmless and indemnify the City from and for any and all payments, expenses, costs, attorney fees and from any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omission by the permit applicant or the permit applicant's agents, employees, guests, licensees, invitees, assignees or successors, or for any cause or reason whatsoever arising out of or by reason of the use by the permit applicant and the conduct of the permit applicant's business within that portion of the sidewalk dining area for which a permit was issued to the respective applicant. An application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant's agreement to indemnify the City as aforesaid. However, in addition, applicant shall execute a hold harmless agreement in a form supplied by the City. If the dining establishment abuts a County right-of-way, in addition to the above, an application by a permit applicant pursuant to this section shall be deemed conclusive evidence of the permit applicant's agreement to also indemnify the County. Further, the applicant shall also execute a hold harmless agreement in a form supplied by the City indemnifying the City and County.
[Ord. No. 1457 (2008) § I]
In the event of noncompliance with any provision of this section, a written notice of violation shall be issued by a member of the Sea Isle City Police Department, Code Enforcement, or other City Official. Upon notice of a violation, the violator shall remove all outdoor benches, tables, chairs and other outdoor facilities until the violation is completely abated. Each and every day the violation continues will be considered a separate offense subject to a separate punishment by fine and/or community service.
Any person in violation of any provision of this section shall be liable for a fine for each offense of the sum of not less than $100 nor more than $300 and/or community service for each offense.
[Ord. No. 1457 (2008) § I]
All licenses shall have a term of one year and shall run concurrent with the mercantile license of the adjoining property.
[Ord. No. 1457 (2008) § I]
The City specifically reserves the right to revise, revoke or deny an application for a sidewalk dining area upon a determination that one or more provisions of any Chapter applicable to sidewalk dining areas have been violated or that the design and plan are inadequate, or that the operation of a sidewalk dining area will endanger the public health, safety or welfare.
Any application for a sidewalk dining area shall be made at the sole risk and expense of the applicant in light of a potential for revocation, revision or denial of permission by the City.
[1976 Code § 20-1]
As used in this section:
CHARITABLE AND PHILANTHROPIC ORGANIZATIONS AND AGENCIES
Shall mean those having a charitable, patriotic, social service, welfare, benevolent or other nonprofit organization, membership, agency or group, who have one or more of such objects as the purpose for existence.
SOLICITATION
Shall mean the direct or implied appeal for gifts, donations, subscriptions, pledges or contributions of money or other thing of value, and also includes solicitations by all persons when made for or in behalf of a charitable or philanthropic purpose whether the same originates within this City or beyond the territorial limits thereof. A solicitation shall be deemed to be made when the solicitor has communicated with the proposed contributor, whether or not the contributor to whom it is directed has given, transferred, set over or delivered any money or other thing of value in response thereto.
[1976 Code § 20-2]
Under the police power, and pursuant to the statutory authority and right to provide for the protection of persons and property, and for the preservation of the public health, safety and welfare, but not pursuant to any other legislative authority, the provisions hereof are hereby made applicable to solicitations conducted by, in the name of, or on behalf of, any bona fide religious body and for educational purposes, and to the agencies, auxiliaries, members, solicitors and agents thereof.
[1976 Code § 20-3]
It shall be unlawful for any person to conduct a solicitation without a permit.
[1976 Code § 20-4]
a. 
An application for a permit to conduct any solicitation as defined in this section shall be made on forms provided by the City, and filed with the City Clerk not later than 30 days before the proposed date of commencement of the solicitation; provided, that for good cause shown and when the completed application form and any other evidential matter satisfactorily establishes the bona fides of the applicant and any agency or organization the applicant purports to represent, this thirty-day requirement may be waived.
b. 
The application form shall disclose the name and address of the applicant, the name and address of the person, organization or agency in whose name or in whose behalf the solicitation is to be conducted, sufficient facts relating to complete identity of any agency, including the names and addresses of officers, directors or trustees, the proposed date of commencement and duration of the solicitation, the purpose and nature of it and methods proposed to be utilized. When the application discloses that one or more persons other than the applicant will conduct or participate in conducting the solicitation, the names and addresses of all such persons shall be made known, and neither the applicant nor any other solicitor shall conduct the solicitation unless it is done without compensation or other remuneration to them or any one of them.
[1976 Code § 20-4; Ord. No. 1431 § XV]
a. 
Upon the satisfactory completion of an application, a permit shall be issued to the applicant, and provisions shall then be made by the applicant to supply, at the applicant's expense, appropriate identification cards or other insignia for each person who shall actually conduct solicitation, and any such person, while in the act of soliciting, shall have the card or other identifying material in his or her possession, and upon request shall exhibit the same to any law enforcement officer requesting an opportunity to examine it.
b. 
If the application is incomplete without good cause, or is false or misleading, or if it is discovered that the real or purported purpose if fraudulent in any respect, or if it is discovered that the purpose is completely and wholly without merit, then the permit shall be denied, and if at the time of the determination or making such discovery the permit had been issued, it may, upon notice and hearing, be revoked by the Administrator. Additionally, if any applicant for a permit is denied or revoked, a right of appeal to the Council is hereby established and provided for.
c. 
The City Clerk is hereby authorized and directed to provide for the required application forms, process the applications and issue or deny permits in accordance with the authority hereof, and in the case of the issuance of any permit, it shall not in any case be valid beyond midnight on December 31 in the year of its issuance.
[Ord. No. 818 § 1; Ord. No. 1431 § XVI]
The Governing Body finds and declares that:
a. 
The provisions contained in this section are intended to prohibit the infringement of any businesses in any areas by regulating the term and frequency of flea market sales so as not to disturb or disrupt the residential environment of the area.
b. 
The provisions and prohibitions hereinafter contained are enacted not to prevent, but to regulate flea market sales for the safety and welfare of, the City's citizens.
[Ord. No. 818 § 2; Ord. No. 1597-2016 § 1]
As used in this section:
FLEA MARKET
Shall mean and include all general sales, open to the public, conducted from or on a premises for the purpose of disposing of personal property including, but not limited to, all sales entitled "flea market," "lawn," "garage," "attic," "porch," "room," "yards," "rummage," "estate," or "demolition" sale. Official and governmental sales are excluded.
[Ord. No. 818 § 3]
No flea market sale shall be conducted except in conformance with the provisions of this section.
[Ord. No. 818 § 4]
No flea market sale shall be conducted unless and until the individuals desiring to conduct the sale shall obtain a permit therefor from the City Clerk.
[Ord. No. 818 § 5]
Prior to the issuance of any flea market sale permit, the individuals conducting the sale shall file a written statement with the City Clerk at least five days in advance of the proposed sale setting forth the following information:
a. 
Full name and address of applicant.
b. 
The location at which the proposed flea market sale is to be held.
c. 
The date, or dates upon which the sale shall be held.
d. 
The date, or dates of any other flea market sales within the current calendar year.
[Ord. No. 818 § 6]
There shall be an administrative processing fee of $2 for the issuance of each permit.
[Ord. No. 818 § 7; Ord. No. 1597-2016 § 2]
The permit shall set forth and restrict the time and location of such flea market sale. No more than two such permits may be issued to anyone during any calendar year, or in less period than 30 days. Permits for demolition and estate sales are exempt from this limitation. No permit, however, shall be issued for more than two consecutive days.
[Ord. No. 818 § 8]
Any permit in possession of the holder of a flea market sale shall be posted on the premises in a conspicuous place so as to be seen by the public.
[Ord. No. 818 § 9; Ord. No. 1492 (2010) § I]
Signs may be posted consistent with Chapter 26, subsection 26-28.5c13. No other sign shall be permitted.
[Ord. No. 818 § 10]
The individual to whom the permit is issued and the owner or tenant of the premises on which the sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale. No individual shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any streets in the area of the premises. All individuals shall obey the reasonable orders of any members of the Police or Fire Departments of the City in order to maintain the public health, safety and welfare.
[Ord. No. 818 § 11; New]
Any person conducting any sale or similar activity without being properly licensed therefor or who shall violate any of the other terms of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
[1]
History Note: Sailboat regulations were originally in Sections 6-43 – 6-52 of the 1976 Code. Ordinances since the original (No. 598) are: Ord. No. 741, No. 823, No. 828, No. 847 and No. 891. Ord. No. 823 is the new base ordinance with amendments as indicated.
[Ord. No. 823 Preamble; Ord. No. 1431 § XVII]
a. 
N.J.S.A. 40:48-1(23) and N.J.S.A. 40:48-2 empower the Governing Body of a municipality to make, amend, repeal and enforce ordinances regulating the use of boats upon waters within or bounding the municipality and affecting the public health, safety and welfare of the municipality and of its inhabitants.
b. 
The Governing Body of the City deem it to be in the best interest of the City that the use and operation of certain types of sailboats on the beaches of the City should be permitted but limited and controlled in order to protect the safety, health and well-being of all persons using the beaches.
[1976 Code § 6-43; Ord. No. 598 § 1; Ord. No. 823 § 1]
As used in this section:
CATAMARAN SAILBOAT
Shall mean a sailboat of twin pontoon construction and is a vessel or watercraft capable of being used as a means of transportation on water and propelled wholly by sails. Specifically excluded from use upon the beaches are boats or power vessels temporarily or permanently equipped with machinery for propulsion.
OPERATE
Shall mean to navigate or possess or otherwise use a sailboat.
OWNER
Shall mean a person other than a lien holder having the property interest in or title to a sailboat. The term includes a person entitled to the use or possession of the sailboat.
SINGLE-HULLED SAILBOAT
Shall mean a seaworthy vessel or other watercraft with a single hull capable of being safely operated in the surf and surrounding waters which is essentially equivalent to a Sailboat or Sunfish. This definition specifically excludes vessels with hulls of unprotected Styrofoam or similar plastic foam material. The vessel or craft must be propelled only by sails and cannot either temporarily or permanently be equipped with machinery for propulsion.
[1976 Code § 6-51; Ord. No. 598 § 2; Ord. No. 823 § 2]
All rubber or canvas type rafts or surfboards are exempted from this section by reason of their being otherwise regulated.
[1976 Code § 6-44; Ord. No. 598 § 3; Ord. No. 823 § 3]
Every owner of every permitted sailboat as defined above shall be required to obtain a license from the City before bringing or permitting to be brought or using any sailboat on any designated beach or in the surf in the City.
[1976 Code § 6-46; Ord. No. 598 § 4; Ord. No. 823 § 4; Ord. No. 1056 § 1]
All licenses for the use and operation of sailboats shall be issued by the City Clerk. Licenses shall be issued for a term commencing May 1 of the year of issuance to October 15 of the same year.
At the time of expiration of the license all sailboats shall be removed from the beach.
[1976 Code § 6-45; Ord. No. 598 § 5; Ord. No. 823 § 5; Ord. No. 1431 § XVIII]
The City Clerk shall provide application forms for all licenses. The forms shall provide that the applicant supply the following information and documentation:
a. 
Applicant shall be at least 18 years of age;
b. 
Applicant must pass an appropriate test given and supervised by such person or persons as may be designated by the Director of Police;
c. 
The sailboat shall not be more than 18 feet in length and a complete description setting forth make, number (if any), color of hull, color of sails and design shall accompany the application;
d. 
Every sailboat 12 feet or more in length must be registered with the appropriate agency of the State of New Jersey;
e. 
The licenses issued or to be issued by the City shall not be transferable;
f. 
Each owner of a sailboat to be licensed shall submit to the Clerk, together with the application, a paid up insurance policy covering public liability for injury to any person or persons in the amount of $100,000 per person and $300,000 per occurrence. Nothing contained herein shall be construed to limit the acquisition of additional coverages;
g. 
The letter decal issued by the City shall be displayed on the right front hull of the vessel.
[1976 Code § 6-47; Ord. No. 598 § 6; Ord No. 823 § 6; Ord. No. 1459 (2009) § VI]
The catamaran type sailboat owner's annual license fee hereunder shall be in the sum of $180 payable in advance. The single-hulled sailboat owner's annual license fee shall be in the sum of $90 and shall also be payable in advance.
[1976 Code § 6-46; Ord. No. 598 § 7; Ord. No. 823 § 7; Ord. No. 891 § 1]
The City Clerk shall issue no more than 50 licenses for sailboats during any year for the beach area between 20th and 22nd Streets.
[1976 Code § 6-48; Ord. No. 598 § 8; Ord. No. 823 § 8; Ord. No. 891 § 1; Ord. No. 1431 § XIX]
Catamarans licensed to operate at the beach area between 20th and 22nd Streets may enter and exit the beach only at 22nd Street and shall be launched on the beach between 20th and 22nd Streets only. Catamarans may be stored on the beach for which they are licensed at the owner's own risk. Catamaran trailers shall not be permitted on the beach nor stored at street ends. Halyards shall be tightly secured on all catamarans when not in use. Dolly wheels shall not be stored at water's edge nor at the center of the beach but only at the rear of the beach. Catamarans shall not encroach upon any dunes or dune grass, and, when entering or exiting the beach areas, shall not encroach on any private property. After 4:00 p.m. a catamaran may be impounded by the Director of Police pursuant to the provisions of subsection 4-6.12 hereof.
[1976 Code § 6-49; Ord. No. 598 § 9; Ord. No. 823 § 9; Ord. No. 1431 § XX]
All single-hulled sailboats shall enter and exit the beach area only between the hours of 7:00 a.m. and 9:00 p.m. prevailing time. The Director of Police, or his/her designee, will specify how and on which beaches single-hulled sailboats shall be launched and operated during the license period. No such sailboats shall be launched on beaches other than the specific beaches designated. No storage of single-hulled vessels or associated boat trailers or equipment is permitted on the beach or at the street ends. No boat trailers shall be permitted on the beach. No boat shall encroach upon any dunes or dune grass, and, when entering or exiting the beach areas, shall not encroach on any private property. After 4:00 p.m. a single-hulled sailboat may be impounded by the Director of Police pursuant to the provisions of subsection 4-6.12.
[1976 Code § 6-50; Ord. No. 598 § 10; Ord. No. 823 § 10; Ord. No. 1431 § XXI]
No person shall operate or allow any person to operate any sailboat in the City in a reckless or negligent manner so as to endanger a life, limb or property of any person, or in violation of the Statutes of the State of New Jersey and the ordinances, rules and regulations of the City. Upon notice of the licensee, the Administrator may suspend or revoke the license in a disciplinary proceeding for violation of this section. Notice of the disciplinary proceeding shall be served upon the licensee personally or by certified mail no less than three days prior to the hearing date. At the disciplinary hearing the licensee shall have an opportunity to be heard.
[Ord. No. 823 § 11; Ord. No. 1431 § XXII]
a. 
The Director of Police, or his/her designee, is hereby authorized and directed to remove or have removed any catamaran left unattended after 4:00 p.m. on the beach, dunes or surf and/or on which vessel is not displayed the official decal, and any single-hulled sailboat left unattended at any time on the beach, dunes or surf and/or on which vessel is not displayed the official decal. The vessel shall continue to be impounded until claimed.
b. 
The Director of Police, or his/her designee, shall notify the legal owner if the owner is known or can be reasonably ascertained, in writing, by personal service or by certified mail at the last known address of the owner, of the removal of the vessel, the reason for removal, and the location thereof.
c. 
The vessel shall be retained and impounded until the owner shall have paid the cost of the taking and removal, the charge to be $50 together with a garage charge of $5 per day for each and every day the vessel is retained and impounded.
d. 
In the event that an owner fails to claim his/her vessel within 30 days of the aforementioned notice, the Director of Police, or his/her designee, is hereby empowered to dispose of the vessel at public sale and apply the proceeds thereof to the aforementioned charges. Notwithstanding anything contained herein to the contrary, the Director of Police shall have the option of authorizing the City Attorney to maintain suit in any court of competent jurisdiction against the owner to recover the aforementioned charges.
[1976 Code § 6-52; Ord. No. 598 § 11; Ord. No. 823 § 12]
Violators of any provision of this section shall be liable, upon conviction, for the penalty stated in Chapter 1, Section 1-5.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 967.
[Ord. No. 1508 (2011) § I]
The contract to provide towing, lockout and storage services to the City of Sea Isle City must be submitted in accordance with the terms of the Towing, Storage and Lockout Services Bid Specifications and Proposal Form. The terms and quotes provided by the prospective contractor in the Bid Specifications and Proposal Form are binding, and contracts will be based upon these terms.
From all submissions that are provided to the City in accordance with the Bid. Specifications and Proposal Form, the City of Sea Isle City will award the contract to the lowest responsible bidder who is determined to be a qualified and reputable towing, storage and lockout contractor. Lowest responsible bidder does not indicate that the City will merely choose the bidder with the lowest price quote, but instead the bidder determined to be qualified and reputable with the lowest price quote.
The successful bidding contractor shall submit to the Purchasing Department, prior to the signing of the contract, proof of a current and valid mercantile license that has been obtained from the City Clerk's Office of Sea Isle City.
[Ord. No. 1508 (2011) § II]
a. 
Initial Contract. The initial contract between the City and the successful bidder will be for 12 months.
b. 
Renewal of Initial Contract. The City may, at their option, renew the contract for a twenty-four-month extension, to continue at identical terms to the initial contract.
c. 
Maximum Duration of Contract. The total term of the contract cannot exceed 36 months, in accordance with N.J.S.A. 40A:11-15(22). After the 36 months, the contract is ended, and a new bidding process and acceptance must occur.
[Ord. No. 1508 (2011) § III]
a. 
Towing. The towing contractor will be responsible, at the discretion and request of the Sea Isle City Police Department, for the towing of:
1. 
Abandoned vehicles;
2. 
Disabled vehicles;
3. 
Illegally parked vehicles;
4. 
Stolen vehicles;
5. 
Vehicles involved in accidents within the City of Sea Isle City;
6. 
Those vehicles whose owners are suspected of being involved in criminal activity within the City of Sea Isle City;
7. 
Any other vehicle identified and requested by the Sea Isle City Police Department.
b. 
Storage. The towing contractor will be responsible for the storage of any vehicles towed from the City of Sea Isle City.
c. 
Lockout Services. The towing contractor will be responsible, at the discretion and request of the Sea Isle City Police Department, for providing a lockout service for motorist's whose vehicles are located within the City of Sea Isle City, and any other vehicle identified by the Sea Isle City Police Department.
[Ord. No. 1508 (2011) § IV]
a. 
The towing contractor must be able to demonstrate, to the satisfaction of the City:
1. 
That they are qualified and experienced in the business of towing, storage, and lockout services;
2. 
That they are qualified and experienced in the removal of vehicles of all types;
3. 
That they have the required and specified facilities and storage areas;
4. 
That they have the required and specified equipment, expertise, and licensing; and
5. 
That they have the required and specified personnel.
b. 
Each bidder must submit, with their bid, a criminal background check for each employee, either from the New Jersey State Police or another reputable provider. This criminal background check must have been conducted within one calendar year of the submission of the bid to be deemed valid for bidding purposes. Any conviction for a felony shall be a sufficient reason to disqualify any bidder, at the discretion of the City.
Each bidder must also submit, with their bid, a copy of all current and valid driver's licenses for the operators of service equipment who are employed by the contractor and who will be directly involved in the fulfillment of the contract.
c. 
The towing contractor shall submit, with their bid, a copy of their written Drug-Free Workplace Policy. This policy shall include, but is not limited to: pre-employment testing, on-going testing, employee assistance, and consequences of policy violation.
d. 
The towing contractor shall submit, with their bid, the name of other municipalities and/or businesses to which they have previously and/or are currently providing contract towing, storage and lockout services.
Additionally, the towing contractor shall submit, with their bid, a list of towing, storage and lockout service contracts that they have held within the past three years that are similar in scope and nature to that offered by the City of Sea Isle City. The City reserves the right to use these references and/or their performance on any municipal/business towing, storage, and lockout service contracts in making its award determination.
Failure to submit this required information with the bid will result in the immediate disqualification of the Towing Contractor by the City.
[Ord. No. 1508 (2011) § V]
a. 
Equipment Necessary. The towing contractor will be required to furnish extra towing equipment and service during storms, snow emergencies, traffic emergencies, special events, disasters, any acts of God, or for any other reason so designated by the City. During such periods, hereinafter "standby periods," the towing contractor will be required to provide adequate equipment and service, held ready to remove passenger vehicles and light trucks under 1 1/2 tons.
b. 
Duration of Standby Services. Standby service will begin when the Chief of Police, or his designee from the City, contacts the towing contractor. Standby service will end when the Chief of Police or his designee from the City contacts the towing contractor to inform him of the termination.
c. 
Additional Storage Locations. The City reserves the right to, during any emergency, designate a temporary storage location on a property owned or leased by the City. These temporary storage locations would be used to house vehicles at the direction of the Emergency Management Coordinator or his designee from the City. Any transportation of vehicle to or from these temporary storage locations will carry with them the same charges as would transportation to the official storage facility.
[Ord. No. 1508 (2011) § VI]
a. 
The contractor providing towing services must be insured by an insurance company authorized to do business in the State of New Jersey.
b. 
The contractor providing towing services must have and maintain on all vehicles used to tow motor vehicles within the City, the following types of insurance and coverages which are specifically endorsed to provide collision insurance (on hook legal liability) for vehicles in tow:
1. 
Comprehensive General Liability Insurance. The limit of liability must not be less than $3,000,000 combined single limits (bodily injury and property damage) per occurrence and aggregate, including premises operations, products, and completed operations.
2. 
Comprehensive Automobile Liability Insurance. The limit of liability must not be less than $3,000,000 combined single limits (bodily injury and property damage) per occurrence.
3. 
Garage Liability Insurance. The limit of liability shall not be less than $1,000,000 combined single limits (bodily injury and property damage) per occurrence.
4. 
Workers Compensation Insurance. Must meet statutory coverage including liability coverage with at least $100,000.
5. 
Excess Umbrella Coverage. The limit of liability must not be less than $4,000,000 which gives protection in excess of the general and auto liability coverages.
c. 
Insurance coverage must indemnify the City of Sea Isle City and the general public against any loss due to injuries, accidents or damages of any kind where this damage is the result of an act or omission by the towing contractor or his agents, in or due to the fulfillment of the Towing Contract.
[Ord. No. 1508 (2011) § VII]
a. 
The owner of any vehicle that is towed has the right to remove property belonging to them from the stored vehicle, unless the vehicle is marked "Police Hold" on the towing form. Any items must be removed during the scheduled release hours, or as otherwise determined by the Sea Isle City Police Department.
b. 
The vehicle owner or his representative retains the right to take photographs of their stored vehicle for insurance claim purposes.
c. 
Vehicle Release Hours.
1. 
Daily Hours. Vehicles will be released between 8:00 a.m. and 12:00 a.m. midnight.
2. 
Emergency Hours. Any release necessary between 12:00 a.m. midnight and 8:00 a.m. will be considered an emergency request made solely by the Sea Isle City Police Department.
[Ord. No. 1508 (2011) § VIII]
The towing contractor will provide towing, storage and lockout services to the City of Sea Isle City for municipal vehicles at a rate of 25% of the regular rates charged.
[1]
Editor's Note: Ordinance No. 1574 (2014) readopted former subsections 4-8.1-4-8.2 in entirety as subsections 4-8.3-4-8.11. Prior ordinance history includes Ordinance Nos. 970, 1120, 1431, 1519 (2012), 1521 (2012).
[Ord. No. 970 § 1; Ord. No. 1431 § XXIV; Ord. No. 1519 (2012) § 1; Ord. No. 1521 (2012) § 1; Ord. No. 1574 (2014) § 2]
As used in this section:
COMPRESSED NATURAL GAS VEHICLES (CNG)
Shall mean any motor vehicle fueled with clean-burning compressed natural gas, gasoline permitted only as a back up fuel source.
JITNEY
Shall mean an autobus for hire and shall include any motor vehicle for hire engaged in carrying individual passengers in exchange for a fee, which is operated in a closed loop over and upon the streets of the City. A jitney shall be constructed and intended to accommodate 13 passengers.
PERSON
Shall mean and include person, firm or corporation.
SEA ISLE CITY JITNEY ASSOCIATION
Shall mean the Association recognized by the City to coordinate jitney service in Sea Isle City.
STREET
Shall mean and include any street, avenue, land or public place in the City utilized for vehicular jitney traffic.
ZERO-EMISSION VEHICLES (ZEV)
Shall mean any motor vehicle that produces zero exhaust emissions of all criteria pollutants under any and all possible operational modes and conditions.
[Ord. No. 1574 (2014) § 3]
a. 
As the result of ongoing evaluation of this method of transportation the City determines that is in complete harmony and would serve the City best to recognize the Sea Isle City Jitney Association. Recognition of the Association would serve to address needs and issues throughout the City, both present and future, on a more individualized bases and in a timely manner. By recognizing a local Association the City would monitor this service and be in a better position to identify transit routes; improve safety for riders and drivers on the City roads by identifying vehicles and drivers on recognized routes and ensure that they are in compliance with existing City requirements; coordinate and provide information for users of the jitney services; maintain ongoing communication between the City and the Association; efficiently provide information for users of the jitney services, which would lead to decreasing traffic congestion throughout the City. With a localized Association the jitney route system could be established and revised through ongoing, collaborative planning to ensure widespread access and effective allocation of resources rather than operating simply where there may be economic opportunity ensuring no area is left without sufficient transit service. The Sea Isle City Jitney Association is hereby recognized as the official representative of jitney owners.
b. 
All licensed jitney owners must be members of the Sea Isle City Jitney Association.
c. 
The Jitney Association shall have the responsibility of determining its own internal rules of operation, subject to the concurrence of the Sea Isle City Chief of Police.
d. 
To implement the above service, it shall be the duty of the Sea Isle City Clerk to provide a minimum of 30 Jitney licenses. It shall be the duty of the Sea Isle City Jitney Association to purchase and operate a minimum of 30 Jitney licenses at all times to guarantee safe, economical and convenient transport for the City of Sea Isle City residents and visitors alike.
e. 
Should the increased ridership dictate that additional jitney licenses be issued beyond the ability of the 30 operable licenses to provide adequate service, it shall be the duty of the City Business Administrator, the Sea Isle City Police Department and the Sea Isle City Community Service Director together to undertake to increase the number of licenses upon the submission of written reports to them addressing the question of increased ridership and the need for new licenses, said reports to be compiled by the Sea Isle City Community Service Director and the Sea Isle City Jitney Association. Upon review of the written report the City Business Administrator shall provide a written decision to the Sea Isle City Jitney Association within 90 days.
f. 
All new jitney licenses shall meet requirements of Chapter 4, subsection 4-8.2, 4-8.3 in addition to all other stipulation set forth in this chapter.
a. 
Before operating any jitney along, through, over or upon any street of the City, the owner shall obtain consent, in the form of a license, from the City Clerk.
b. 
There shall be an annual licensing fee of $150 per jitney. A license shall be valid for a period of one year from the date of issue and shall be renewed prior to expiration. No jitney shall be operated if the renewal license is not granted by the expiration of the existing license. All applications for license renewal shall be made in writing and filed with the City Clerk.
c. 
All applications for a license or license renewal shall be made in writing and filed with the City Clerk. No application will be approved by the City Clerk unless it is accompanied by appropriate forms and contains the information required in the application and the following:
1. 
Type of motor vehicle, name of the manufacturer, and a schedule indicating dates of operation, and the hours of each day that said vehicle will operate.
2. 
Proof that the seating capacity of the motor vehicle, according to its trade factory rating, is intended to accommodate 13 passengers.
3. 
The name, age, residence and business address, date of birth and phone number of the applicant. Name, age, address, date of birth and phone number of all drivers of said vehicle.
4. 
The vehicle identification number, New Jersey vehicle registration number, vehicle insurance policy particulars, and a valid New Jersey driver's license of the owner-operator of the jitney. A valid New Jersey Driver's license and insurance information for all drivers of the jitney.
5. 
The vehicle must meet all requirements to make it a CNG or ZEV vehicle, as defined herein. Proof that the vehicle is a CNG or ZEV vehicle must be provided.
6. 
A complete description of the vehicle, both inside and out, including whether the vehicle has been converted for jitney use and, if so, the name and place of business of the individual doing the conversion.
7. 
If an individual, the applicant shall submit two identical two inch by two inch photographs with an image size of between one inch and 1 3/8 inches from chin to the top of the head, including hair. Photographs must be clear, front view; full face printed with a plain light (white or off-white) background and should be taken by a professional photographer. The photos shall be given to the City Clerk or his/her designee for the purpose of preparation of an identification card to be executed by and showing the identity of the actual owner of the license. A valid jitney identification card that has been issued by another municipality in the State of New Jersey to the individual meeting all of the requirements herein shall be accepted by the City Clerk or his/her designee in lieu of the above.
8. 
If a corporation, partnership or limited liability company, the applicant shall have its corporate officer, partner or member, as applicable, submit two identical two inch by two inch photographs with an image size of between one and 1 3/8 inches from chin to the top of the head, including hair. Photographs must be clear, front view; full face printed with a plain light (white or off-white) background and should be taken by a professional photographer. The photos shall be given to the City Clerk or his/her designee for the purpose of preparation of an identification card to be executed by and showing the identity of the actual owner of the license. A valid jitney identification card that has been issued by another municipality in the State of New Jersey to the individual meeting all of the requirements herein shall be accepted by the City Clerk or his/her designee in lieu of the above.
9. 
The licensed applicant shall affirm that the jitney business and/or license shall not be used and operated for unlawful purposes and shall comply with applicable laws.
d. 
No license to own or operate any jitney shall be granted to any person under the age of 21 years, without having had a New Jersey or Pennsylvania driver's license for a period of three years.
e. 
It shall be unlawful for any person to drive a jitney within the City of Sea Isle City without first having obtained a jitney license and an identification card, the latter to contain the photograph and signature of the licensee. This identification card shall be produced by the Clerk of the City of Sea Isle City. This identification card shall be carried at all times and prominently displayed while driving or operating a jitney. It shall be unlawful for any jitney operator or licensee to permit anyone else to wear his or her identification card or to refuse to show the same to lawful authorities upon request. A fee of $15 shall be charged for a replacement identification card. All applicants shall provide such information, as the City Clerk requires, including but not limited to fingerprinting and a criminal record check. The Sea Isle City Chief of Police or his/her designee, or investigating agency shall be responsible for conducting an investigation into each applicant for a jitney license hereunder. Initial applicants for a jitney license shall submit to a fingerprint background check by the investigating agency. For each of the three years following the initial year that an applicant obtains a jitney license from the City, the City will conduct a background check of the applicant through the New Jersey State Police if the applicant applies for another jitney license from the City. For example, an initial applicant in 2015 will be required to undergo a full fingerprint background check. In 2016, 2017 and 2018, the applicant's background check will be conducted through the State Police. In 2019, the applicant will again undergo a full fingerprint background check.
If the applicant is a corporation, limited liability company or partnership, then the following individuals shall be subject to a background check:
1. 
In the event that the applicant is a corporation, the background investigation shall include all officers of the corporation and, if practical, the shareholders.
2. 
In the event that the applicant is a limited liability company, such investigation shall include all officers of the limited liability and, if practical, the members.
3. 
In the event that the applicant is a partnership, such investigation shall be required of each partner, whether full or limited partners.
The investigation shall concern all matters stated in the application and shall determine whether the applicant for such license has any criminal record and if so the circumstances of such record including the date, results of such investigation together with recommendations by the Sea Isle City Chief of Police as to whether such license should be granted or denied supported by the reason(s) for such recommendation shall be forwarded to the City Clerk. The City Clerk shall in turn make such report available to the individual members of Borough Council. A copy of the report shall also be sent to the applicant.
The City of Sea Isle City will be utilizing the State-Police-coordinated, noncriminal-justice fingerprinting process known as "Live Scan." The State of New Jersey has contracted with a vendor to perform this service. The company has established permanent sites throughout the State as well as several mobile units available to meet its contractual agreement. The vendor charges a fee for the fingerprinting for which the applicant will be responsible. There will be an additional fee of $20 payable to the City of Sea Isle City, for the processing of the fingerprint documentation required by the vendor.
f. 
All licensed jitney shall operate only on the street of the City of Sea Isle City in a closed loop. All routes shall be approved by the City Business Administrator, the Sea Isle City Chief of Police and the Sea Isle City Community Service Director. Any changes to set routes shall only be considered if the proposed changes are presented, in writing, to the City Business Administrator, the Sea Isle City Chief of Police and the Sea Isle City Community Service Director. Upon their review the Sea Isle City Business Administrator shall notify the Sea Isle City Jitney Association in writing of approval or denial of submitted route(s) change(s).
g. 
The members of the Sea Isle City Jitney Association are permitted to operate private shuttling services. A log of all such operations shall be kept on file at the office of the Sea Isle City Jitney Association and the Sea Isle City Community Service Director and shall be made available for review by the City Clerk, Sea Isle City Chief of Police and the Sea Isle City Business Administrator or their designee(s) upon request. Such private shuttling services shall not interfere with or diminish regular jitney service to the City of Sea Isle City, determination to be made by the Sea Isle City Community Service Director.
[Ord. No. 1574 (2014)]
a. 
No jitney license shall be recommended or awarded to an applicant by the City Clerk if it appears:
1. 
That the insurance policy required by law has not been furnished and approved, or the same is insufficient in form or substance to properly safeguard the public interest and safety, or that the policy of insurance is not operative for at least one year; or
2. 
That the applicant has not complied with all the terms and conditions of this section and of the State of New Jersey relevant to such cases, or the applicant is not a person entitled to be licensed hereunder.
b. 
The license to own and operate a jitney may be revoked by the City Clerk for a violation of any of the provisions of this section or any ordinance of the City relating to traffic, use of streets or for the violation of any State law relating to traffic or use of streets, or for failure to pay any judgment for personal damages arising from the unlawful or negligent operation of a jitney for which the license was issued, or for failure to pay any franchise taxes provided by law and, thereupon, all rights and privileges under the license shall terminate.
c. 
Before any license shall be revoked, the holder thereof shall have been notified in writing of the reasons for revocation, and shall be given a public hearing, at which the licensee may be represented by counsel. In addition, the licensee shall be given 10 days' notice of the time and place of such hearing. The notice provided hereby shall be served personally or by certified mail, to the address last filed by the person licensed as shown in the office of the City Clerk. It will also be within the discretion of the City Clerk to levy a fine and/or suspension should he/she deem revocation too severe a penalty.
d. 
It shall further be the duty of the City Clerk to take all reasonable and prudent steps to assure that the terms and conditions of this section are fulfilled.
e. 
Where a licensee has been convicted of a crime in any City, County, State or Federal court, upon conviction, the City Clerk may revoke the license of the jitney owner upon notice and hearing.
f. 
The City Clerk and Chief of Police or their designee shall take official cognizance of any and all misconduct, deceit, fraud, subterfuge or actions of any jitney licensee which are against the best interest of the public or the jitney industry itself, regardless of whether or not such actions are specifically covered in this section. It shall also be the direct responsibility of all departments to bring such actions to the notice of the City Clerk.
[Ord. No. 1574 (2014) § 6]
a. 
The holder of any license shall not substitute or replace any licensed and approved vehicle without the written approval of the Sea Isle City Business Administrator unless the substituted vehicle had already received such approval.
b. 
The use of any jitney which may be found by the Sea Isle City Chief of Police to be unsafe or not in condition to properly carry passengers shall be discontinued from service until such time as it is repaired, made safe or put in good condition before being again used.
c. 
Any jitney that is out of service for any reason is not entitle to any prorated fee reimbursement.
[Ord. No. 1574 (2014) § 7]
It shall be unlawful for the holder of any license issued under this section to transfer the license to any person without the specific written approval of the Administrator.
[Ord. No. 1574 (2014) § 8]
It shall be unlawful for any person making application for any license or identification card to willfully make any false statement as to any of the matters required to be stated in such application. False statements are grounds to deny or revoke a license.
[Ord. No. 1574 (2014) § 9]
a. 
It shall be unlawful to drive or operate any jitney while that jitney is carrying more than 13 passengers. Each passenger must be seated while the jitney is in motion. Passengers must be treated with courtesy and respect; repeated complaints against drivers will be grounds for disciplinary action initiated by the Administrator. For the purpose of this section, children in arms shall not be considered as persons.
[Ord. No. 1574 (2014) § 10]
As a condition for the issuance of a license hereunder, the owner/operator of a jitney shall file with the City Clerk an insurance policy attesting that the jitney is insured under a policy of comprehensive, general liability insurance with limits of not less than $500,000 per occurrence. Consent shall only continue to be effective and such operation be permitted only so long as such insurance to the full and collectible amount shall remain in force, during the entire term of the policy. The insurance policy, or an accompanying document, shall obligate the liability insurer to notify the Clerk of the City of Sea Isle City if any change occurs in the policy or if the policy is terminated or canceled for any reason. At which time any such notice is received all licenses shall be revoked immediately.
[Ord. No. 1574 (2014) § 11]
a. 
There shall be no smoking on jitneys.
b. 
Only licensed jitney owners or their employees can drive an authorized vehicle.
c. 
Only a licensed jitney can be used on a prescribed jitney route. (See subsection 4-8.3a.)
d. 
Unsanitary, inadequate, unclean, or unsafe jitneys will not be permitted to operate.
e. 
On all authorized jitney routes there shall be charged a cash fare of $2 or one universal ticket per ride per person before 11:00 p.m. On or after 11:00 p.m. there shall be charged a cash fare of $4. The universal jitney ticket shall be accepted on all jitneys. Only one fare can be charged for each seat in the vehicle. After 11:00 p.m. a universal ticket can be used to supplement the increased fare. Therefore, $2 combined with the value of the universal ticket shall accumulate to a $4 fare.
f. 
It shall be illegal to use profanity or engage in physical violence either on jitneys or in areas on or near jitney stops.
g. 
All accidents must be reported to the Sea Isle City Police Department as soon as possible after the occurrence. Any accident involving damage over $500 or personal injury must be reported immediately to the Police Department.
h. 
All lost and found articles not reclaimed by jitney passengers from the licensed jitney operators will be turned in to the Sea Isle City Police Department within two hours of the end of scheduled shift.
i. 
Jitney owners must notify the Sea Isle City Police Department immediately when a change of license number or registration number occurs.
j. 
Jitneys must operate a minimum of 12 hours a day between Memorial Day and Labor Day of each year. There must be a minimum of 10 jitneys on the route during this time. It will be the responsibility of the Sea Isle City Jitney Association to establish specific and acceptable schedules for all jitneys in accordance with the terms of this Chapter and the concurrence of the Sea Isle City Community Service Director.
k. 
This section is cumulative of all other applicable laws and ordinances.
l. 
No flags, banners or advertising of any kind is permitted on jitneys.
[Ord. No. 1574 (2014) § 12]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1]
History Note: Regulations for licensing of taxicabs was contained in Chapter 24 of the 1976 Code. Ordinance No. 211 and subsequent amending ordinances were repealed by Ordinance No. 1064.
[Ord. No. 1064 § I; Ord. No. 1519 (2012) § 7; Ord. No. 1521 (2012) § 4; Ord. No. 1541 (2013) § 1; Ord. No. 1578 (2015) § 1; Ord. No. 1618 (2018) § 1]
As used in this section, the following words shall have the following meanings:
CITY
Shall mean the City of Sea Isle City, Cape May County, New Jersey when referring to an entity and when referring to a geographic location, shall mean the City of Sea Isle City, New Jersey, and the Sea Isle City Department of Police jurisdiction thereof.
COMPENSATION
Shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted or received by the driver or owner of any vehicle in exchange for transportation of a person, or persons, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.
DRIVER
Shall mean a person who operates a vehicle for hire upon the public streets of the City. The driver shall have a State of New Jersey drivers license required for the class of vehicle being operated, as defined by New Jersey Motor Vehicle Commission and a valid and current license issued under this chapter.
LIMOUSINE OR LIVERY SERVICE
Shall be defined as any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this State and which is hired by charter or for a particular contract, or by the day or hour or other fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and the passenger. Any vehicle picking up or discharging passengers within the City not licensed as a taxicab or jitney is a limousine. Nothing in this section contained shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the Board of Public Utilities, or interstate autobuses required by Federal or State law or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death.
OPERATION
Shall mean and consist of transporting one or more persons for hire. Accepting a passenger to be transported for hire from a point of departure within the City to a destination within or without the City shall be considered operation within the City. The operation by one other than the owner shall be deemed operation by the owner as well as by the person actually driving the taxicab, limousine, or any vehicle for hire including but not limited to vans, mini-vans, luxury vehicles. The transportation of any person other than the owner or driver in any motor vehicle: bearing the sign therein or thereon using the words "taxi," "taxicab," "cab," "limousine" or a similar name.
OWNER
Shall mean any person owning or operating one or more vehicles for hire and driving or causing any such vehicle to be driven upon the public streets for hire.
PASSENGER
Shall mean a person other than the driver who is an occupant of a vehicle for hire. For the purpose of this chapter, any occupant of a vehicle for hire other than the driver shall be presumed to be for hire.
PERSON AND/OR APPLICANT
Shall mean any individual, partnership, limited partnership, association, corporation or joint-stock company, their lessees, trustees or receivers.
STREET
Shall mean and include any street, avenue, park, parkway, highway or other public roadway, whether or not the same is approved.
TAXICAB, TAXI OR CAB
Shall mean a motor vehicle used to transport passengers for hire which does not operate over a fixed route and is not hired by the day or hour, and has a maximum passenger capacity of no more than the number of seatbelts the vehicle was originally manufactured with, and has a maximum passenger capacity of no more than nine passengers as follows:
a. 
No more passengers shall occupy each row of the rear seats in the vehicle than the number of originally manufactured seatbelts provided or not to exceed a total of nine passengers in all rear seats, whichever number provides for the least amount of passengers.
b. 
No more than one passenger, other than the driver, in the front seat of the vehicle.
c. 
No taxicab license should be issued to a vehicle other than a standard passenger sedan, a standard passenger station wagon, and a minivan type vehicle.[1]
VEHICLE FOR HIRE
Shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to general public, which is operated for compensation and used for the transportation of passengers over City streets. Such vehicles shall include but not limited to taxicabs, limousines, vans, mini-vans, and luxury vehicles.
[1]
Editor's Note: The definitions of "third-party transportation app," "third-party transportation app company," "transportation network application company," "transportation network company," "transportation network services," and "transportation network operator," which immediately followed this definition, were repealed by Ord. No. 1618 (2018).
[Ord. No. 1064 § II; Ord. No. 1231 § I; Ord. No. 1578 (2015) § 2; Ord. No. 1582 (2015) § 1]
No person shall operate a taxicab within the City unless both the owner and the driver of the taxicab are licensed under this chapter.
There are hereby established two classes of taxicab licenses to be known as a "taxicab owner's license" and a "taxicab driver's license". Taxicabs shall be designated for single use only. A vehicle permitted as a taxicab shall not be used as a shuttle, nonemergency medical transport, limousine, or as an executive sedan.
a. 
Taxicab Owner's License. A taxicab owner's license shall entitle the taxicab therein described to pick up passengers within the City and to otherwise be lawfully operated anywhere within the City by a driver duly licensed hereunder and by the New Jersey Motor Vehicle Commission until the license is expired, surrendered, suspended or revoked, and it shall not be transferable. The number of taxicab licenses under this section to be issued and outstanding in any one year shall be unlimited.
b. 
Taxicab Driver's License. A taxicab driver's license shall entitle the person named therein to operate within the City any taxicab duly licensed hereunder and by the New Jersey Motor Vehicle Commission until the license is expired, surrendered, suspended or revoked, and it shall not be transferable. There shall be no limit to the number of taxicab driver's licenses issued.
[Ord. No. 1064 § III; Ord. No. 1541 (2013) § 2; Ord. No. 1578 (2015) § 3; Ord. No. 1618 (2018) § 2]
a. 
Taxicab Owner's License; Application. All applications for taxicab owner's licenses shall be in writing, in duplicate, and shall contain the full name and address of the owner; the serial number, type, color, year and make of the taxicab; the State registration number; the number of doors on the vehicle; and the number of persons the vehicle can carry as passengers. All applications for taxicab owner's and taxicab driver's licenses shall be completed in their entirety and filed with the City Clerk. Any application which is deemed incomplete by the City Clerk, or their designee, shall be rejected. The City Clerk, or their designee, shall be satisfied that the applicant is at least 18 years of age. If the applicant is a corporation, the corporation must be organized and existing under the laws of the State of New Jersey and must present proof thereof or, if organized and existing under the laws of another State, be officially authorized to do business in the State of New Jersey and must supply the name and address of the New Jersey registered agent for the corporation.
b. 
Taxicab Driver's License; Application.
1. 
Each applicant for a taxicab driver's license shall, in addition to the requirements of any law of the State of New Jersey, establish to the satisfaction of the City Clerk that the applicant must have a valid New Jersey driver's license, is licensed by the New Jersey Motor Vehicle Commission and that the applicant is at least 18 years of age.
2. 
Each applicant for a driver's license shall submit his/her certification of any traffic violations over the preceding five years and that the applicant has sufficient knowledge of the City traffic regulations. Also, the applicant cannot have been convicted of a driving while intoxicated (DWI) offense.
3. 
It shall be unlawful for any owner of any taxicab, as defined in this section, to operate or to permit the same to be operated on the streets of the City until a valid license has been obtained therefor, as the case may be, as herein provided.
4. 
Any change of residence of the holder of the license shall be reported to the City Clerk within five business days of the date of the change.
c. 
The applicant shall provide a drivers' abstract issued by the New Jersey Motor Vehicle Commission and criminal background check as obtained from the New Jersey State Police, after obtaining the requested form from the Sea Isle City Police Department, each individual owning more than 5% of the equity of the applicant, as well as for each operator to be employed or otherwise hired by the applicant at the time the application is submitted.
d. 
The applicant shall promptly notify the City Clerk and provide additional drivers' abstracts and criminal background check as and when other individuals acquire up to a 5% equity interest in the applicant and/or additional operators are employed or hired during any license term. The additional operators shall be permitted to operate a taxicab or limousine for the applicant on a temporary basis (not to exceed 60 days) upon the submission of a completed application for an operator's license and satisfaction with all other requirements of this chapter.
[Ord. No. 1064 § IV; Ord. No. 1170, § I; Ord. No. 1541 (2013) § 3; Ord. No. 1578 (2015) § 4]
a. 
Each application for a taxicab owner's license shall be accompanied by a policy of insurance, with the premium prepaid thereon, written by an insurance company duly licensed to transact business under the insurance laws of the State of New Jersey, which shall be submitted to the City Clerk and to the City Attorney for approval as to form and sufficiency. A certificate of insurance must be submitted to the City Clerk prior to a license being approved.
b. 
The policy shall be conditioned for payment of a sum required to satisfy all claims for damage by reason of bodily injury to or the death of all persons or property damage as follows.
1. 
All taxicabs licensed hereunder shall have, exhibit, and provide to the Clerk of the City of Sea Isle City a copy of a general liability insurance policy with limits of not less than $300,000 in the event of bodily injury or death to any one person, and not less than $1,000,000 in the event of bodily injury or death to any number of persons in any one accident, and with limits not less than $50,000 for property damage.
c. 
The policy shall provide coverage for every driver of each vehicle listed in the policy, and the acceptance of the policy by the City and the issuance of the license by the City shall constitute an agreement by and between the applicant and the City that the applicant holds and saves harmless the City from any and all claims from damages arising out of personal injury and/or property damage made by third parties as the result of the issuance of the license and the operation of a taxicab.
d. 
Consent shall only continue to be effective and such operation be permitted only so long as such insurance to the full and collectible amount shall remain in force, during the entire term of the policy. The insurance policy, or an accompanying document, shall obligate the liability insurer to notify the Clerk of the City of Sea Isle City if any change occurs in the policy or if the policy is terminated or canceled for any reason. At such time all licenses shall be revoked immediately.
[Ord. No. 1064 § V]
No taxicab owner's or driver's license shall be issued until the applicant therefor shall have delivered to the City Clerk, concurrently with the filing of the application and insurance policy referred to herein, a power of attorney executed by the applicant wherein and whereby the applicant shall appoint the City Clerk for the City as his, her or its true and lawful attorney for the purpose of acknowledging service of any process out of a Court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
[Ord. No. 1064 § VI]
The City, in its discretion, may refuse to issue or renew or, after notice and hearing, may revoke or suspend any license issued under the provisions of this section if the licensee or applicant:
a. 
Has been convicted of any crime, disorderly persons offense or petty disorderly offense in this State or in any other state or territory;
b. 
Has been convicted of a violation under Title 39, Motor Vehicles and Traffic Regulations of the New Jersey Statutes Annotated;
c. 
Violates any provision of this section;
d. 
Has any judgment unsatisfied or record arising out of an automobile accident;
e. 
Has made false answers in the application for the license or any renewal thereof;
f. 
Has failed or fails to render reasonable prompt, safe and adequate taxi services;
g. 
Has not complied fully with all requirements of this section for such class of licensure;
h. 
Has in any degree contributed to any injury to person or damage to property arising out of the negligent operation of a motor vehicle;
i. 
As to any taxicab owner's license, if the motor vehicle licensed or to be licensed by reason of unsafe or unsanitary conditions is dangerous to the safety or health of the occupants and others;
j. 
If the policy of insurance required herein has once lapsed or such coverage is not maintained at all times; or
k. 
If a taxicab, at any time, carries more passengers than it is authorized to carry by the term of this section.
[Ord. No. 1064 § VII; Ord. No. 1519 (2012) § 8]
a. 
The maximum rates to be charged by any licensed taxicab shall be those set forth in a "Taxicab Rate Schedule" to be adopted and amended from time to time by resolution of the Council of the City of Sea Isle City and filed with the City Clerk.
b. 
The initial "Taxicab Rate Schedule" shall be as follows:
1. 
$6 for one City block (or any portion thereof) through 24 City blocks (or any portion thereof) for one person.
2. 
$7 for any trip more than 24 City blocks through 30 City blocks (or any portion thereof) for one person.
3. 
For any trip more than 30 City blocks $7; plus an additional $1 for each additional five City blocks (or any portion thereof).
4. 
For the purpose of calculating fares under the proceeding subsections wherein the fare is based on the number of City blocks traveled, only City blocks that run in generally north to south direction shall be counted and City blocks that run in a general east to west direction shall not be counted in the fare calculation, unless the trip is an entirely east to west trip in which event the fare shall be the minimum fare set forth above.
5. 
For each additional person the maximum fare to be charged may be increased by $1 per person.
c. 
Every taxicab licensed hereunder shall have displayed prominently and plainly visible for its passengers a schedule of rates for the hire of the taxicab. This schedule shall be displayed inside the cab as to be visible to the passengers and on the outside of at least two of the doors, at least one schedule shall be on the right side of the cab and at least one schedule shall be on the left side of the cab.
d. 
The operator of each taxicab shall at all times have available a suitable cash receipt book to write out, sign, and give to any passenger requesting a written receipt in the amount of the fare paid.
e. 
For the purpose of regulation and for the purpose of clearly distinguishing a limousine from a taxicab, it shall be unlawful for any person owning, operating or driving a limousine automobile as herein defined to make a charge for transportation of one or more persons and to pick up or discharge any person inconsistent with the definition of a limousine herein. Further, it shall be unlawful for any such owner, operator or driver of a limousine to authorize any pickup or to pick up and/or cruise or solicit for passengers other than by appointment. No rebates, participating coupons or other inducements calculated to reduce rates shall be permitted. It shall be a presumption that a limousine is performing cab services if the limousine picks up or discharges passengers on a street or about a street corner. It shall further be a presumption that a limousine is performing cab services if the limousine passenger or passengers called for the limousine pickup less than 30 minutes prior to pickup.
[Ord. No. 1064 § VIII]
No taxicab shall at any time carry more than five passengers unless otherwise designated on the taxicab owner's license.
[Ord. No. 1064 § IX; Ord. No. 1519 (2012) § 9]
a. 
No driver of the vehicle shall refuse or neglect to convey any orderly person or persons upon request anywhere in the City unless previously engaged or unable to do so. No fare shall be required to be prepaid for trips commencing and ending within the City.
b. 
If a fare is picked up within the City limits of Sea Isle City and will travel outside of the City limits as a final destination, this fare will be decided on before departure by both parties. Every driver of a taxicab shall have the right to demand payment of legal fare in advance and may refuse employment unless so prepaid.
c. 
No driver of any taxicab shall carry any other person than the first passenger employing him/her without the consent of the first passenger.
[Ord. No. 1064 § X]
Every holder of any owner's license shall require the driver of the taxicab to keep a daily record identified by the cab number of the taxicab used and the license number of the taxicab driver, which record shall include the time and place, when and where a passenger was accepted, as well as the time and place of discharge. These records shall be kept for at least one year and shall be open, at all times, for inspection by any duly authorized law enforcement officer.
[Ord. No. 1064 § XI]
a. 
There shall be affixed in every taxicab, in such manner that the same can be conveniently read by any person in the taxicab, a card at least three inches in height by at least five inches in length, containing the name of the owner, the license number of the vehicle, the year of issuance and the number of passengers that can be lawfully transported in such taxicab. The card shall also contain a photograph of the taxi driver with the name of the driver and his/her license number.
b. 
Every taxicab so licensed shall have painted on the outside of the taxicab, on both sides thereof, the word "Taxi," "Cab," "Hack" or "Taxicab" in letters at least four inches in height, as well as the name under which the owner is operating the vehicle, or, in the alternative, shall have on top of each taxicab a sign at least 12 inches in width by six inches in height made of plastic on which there shall be the word "Taxi" or the name of the company in black letters. The sign shall be illuminated by a white bulb when the taxicab is in service.
[Ord. No. 1064 § XII]
Drivers of taxicabs shall not receive or discharge passengers in the roadways but shall pull up to the right-hand sidewalk as near as possible, or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets where passengers may be received or discharged on either the right- or left-hand sidewalk or side of the roadway in the absence of a sidewalk.
[Ord. No. 1064 § XIII; Ord. No. 1541 (2013) § 4]
a. 
The owner and operator of each taxicab operating in the City shall keep the taxicab in good running order so that it makes a presentable appearance and affords comfortable and safe rides to passengers and remains free from mechanical defects or other defects which would affect the safety of the passengers.
b. 
The owner of each taxicab shall have each taxicab presented to the Chief of Police or other designated Police Officer prior to issuance or renewal of the taxicab owner's license and thereafter upon the request of the Chief of Police or other Police Officer so that it may be inspected to determine whether it complies with the provisions of this section.
c. 
The child passenger restraint system must comply with the Federal Motor Vehicle Safety Standards.
[Ord. No. 1064 § XIV]
No owner or driver of any taxicab shall induce any person to employ him/her by knowingly misinforming or misleading any such person as to time and place of arrival or departure of any airplane or other regularly scheduled mode of transportation or as to the location of any hotel, motel, public place or private residence within the City, nor shall any owner or driver deceive any person or make false representations to any person or convey any passenger to any other place or over any street other than that to which the passenger may have instructed the driver to go. Every owner and/or driver shall be responsible to see to it that all passengers are carried in a safe and responsible manner and by using a reasonable and direct route from point of origin to point of destination.
[Ord. No. 1064 § XV; Ord. No. 1582 (2015) § 2]
a. 
The annual taxicab owner's license shall be as prescribed in subsection 4-1.2 i. The license shall be effective for a period from January 1 to December 31 of each year.
b. 
For the issuance of a taxicab owner's license for a vehicle replacing that originally licensed, the fee shall be $25.
c. 
The annual taxicab driver's license shall be $10. The license shall be effective for the period from January 1 to December 31 of each year. All licenses are nontransferable.
[Ord. No. 1064 § XVI]
Nothing in this section shall be construed to exempt any person, firm or corporation owning or operating a taxicab from complying with the laws relating to the ownership, regulation and operation of automobiles in the State of New Jersey.
[Ord. No. 1064 § XVII; Ord. No. 1578 (2015) § 5]
Every person or persons, firm or corporation found guilty in the Municipal Court of competent jurisdiction of violating any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
The Sea Isle City Police Department is empowered and authorized to seize and impound any vehicle when probable cause exists to believe that such vehicle is engaging in operations without the required operating or vehicle license, in violation of this section. Vehicles seized in accordance with this section shall be removed to a designated secured facility until such time as the vehicle is in compliance with this section. The owner of said vehicle shall be responsible for any and all costs associated herein. Probable cause shall mean the existence of a reasonable ground to believe that facts exist to justify the impoundment of the vehicle.
The Department of Police shall seize and impound any electronic radio or data communication device possessed or used by a driver, when probable cause exists to believe that such communication device is being used in operations without the required operating or vehicle license, in violation of this section. An electronic, radio or data communication device seized in accordance with this section shall be removed to a designated secured facility. Probable cause shall mean the existence of reasonable ground to believe that facts exist to justify the impoundment of the communication device.
[Ord. No. 840 § 1; New]
The voters of the City authorized the licensing of amusement games by referendum at the 1959 General Election. This City is a seashore resort generally considered to be a place of entertainment and amusement according to customary understanding of such terms. It is determined, declared and recognized that the area which permits amusement games consists of all areas presently zoned "Beach Business," as defined in the City of Sea Isle City Zoning Ordinance No. 1038 as supplemented and amended.[1]
[1]
Editor's Note: The Zoning Ordinance is codified in Chapter 26 of this Code.
[1976 Code § 4-1; Ord. No. 840 § 2; Ord. No. 1220 § VII]
The annual license fee for each specific kind of game authorized to be held, operated and conducted on the licensed premises by the licensee is hereby fixed at the sum of $175 per year regardless of the number of units of the same specific kind of game or games to be held, operated and conducted at each licensed premises. The annual fee is not subject to proration and shall cover the annual term beginning January 1 to December 31 in the year within which the license is to be operative and any license shall be operative on the annual basis provided, however, any and every license shall not be operative upon any day, part of day or days when otherwise prohibited by law or by any rule or regulation promulgated by authority of the government of the State of New Jersey or any appropriate and authorized agency thereof.
[1976 Code § 4-2; Ord. No. 840 § 3]
The license fee shall accompany the license application which must be filed and paid to the City Clerk and, if granted, shall expire at midnight on December 31 next thereafter regardless of the dates applied for or obtained.
[1976 Code § 4-3; Ord. No. 840 § 4; Ord. No. 1098 § 1]
Unless otherwise prohibited by law or ordinance, or by any rule or regulation promulgated under authority of the State of New Jersey, as aforesaid, the holder of each and every license may hold, operate and conduct the kind of game licensed on the licensed premises, each day, between the hours of 10:00 a.m. and 12:00 midnight.
[1976 Code § 4-4; Ord. No. 840 § 5]
The amusement games to be licensed and regulated pursuant hereto are those recognized by the provisions of the Amusement Games Control Law, Chapter 108 of the Laws of New Jersey, 1959, and the Amusement Games Licensing Law, Chapter 109 of the Laws of New Jersey, 1959; and any amendments, revision or supplements thereto which may since have been enacted or which may at any future time be enacted, and all licenses issued hereunder are subject to authority of any such laws, together with any and all rules or regulations now or which may hereafter be promulgated by the State Commissioner of Amusement Games Control, or those of any other department, board, commissioner, person or agency properly authorized to promulgate any such rule or regulation.
[Ord. No. 840 § 6]
The holding, operating and conducting of any amusement game or games at any time or times prohibited herein is hereby declared unlawful.
[1976 Code § 4-6]
Any person engaged in the ownership and/or operation of mechanical amusement or recreational devices, golf courses or other games, trampolines and similar devices which are operated for commercial or amusement purposes intended for the use and enjoyment of the public will be required to carry sufficient public liability insurance to adequately protect the general public and those persons using such devices and games.
[1976 Code § 4-7]
For the purposes of this section, insurance coverage will be deemed to be adequate if the same is in amounts of no less than $50,000 per person, $100,000 per accident and $25,000 property damage.
[1976 Code § 4-8]
Any person affected by this section will be required to submit proof of the coverage to the City Clerk in conjunction with his/her annual application for municipal licensing, which proof shall be in the form of an up-to-date insurance certificate covering the period for which the license is sought.
[1976 Code § 4-9]
It shall be the obligation of any person covered by this section, on demand of the City Clerk, to produce competent evidence in the form of a certificate of insurance of the required insurance coverage. In the event that the firm or person covered by insurance fails to produce the coverage within a reasonable period of time when demanded, not to be in excess of seven days, the City Clerk shall have the right to revoke the license which shall not be returned nor the business covered thereby operated until the necessary proof of insurance is deposited with the Clerk.
[Ord. No. 840 § 7]
Any person, firm, association, partnership or corporation violating any subsection of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5. Any repetition of any violation of this Section shall be deemed a new offense, and each day any violation is permitted to continue shall be deemed a new offense.
[1976 Code § 4-5; Ord. No. 840 § 8]
Upon the final adoption of this section, the City Clerk is hereby authorized and directed to transmit a certified copy thereof to the State Commissioner of Amusement Games Control; and, in the event of any revision, amendment or supplement may thereafter be adopted, the Clerk is directed to transmit certified copies to the Commissioner or any other appropriate person or authority charged to receive same.
[1]
Editor's Note: For additional regulations concerning alarm systems, see Section 3-10, Police and Fire Alarms in Chapter 3 of this Code.
[1976 Code § 7-11]
As used in this section:
BURGLAR ALARM EQUIPMENT AND FIRE ALARM EQUIPMENT
Shall mean any and all equipment installed in the City Police Headquarters for the purpose of transmitting a signal or alarm to the attention of the Police Department from a location within the City outside the Police Department for the purpose of obtaining Police response and other emergency response to such warning or signal.
[1976 Code § 7-12]
No person shall hereafter be permitted to install any burglar alarm equipment or fire alarm equipment in Police Headquarters without first having paid to the City Clerk the sum of $25 installation charge, in advance, and obtaining the approval of the Chief of Police or the Chief of the Fire Department or fire company, whichever is applicable, for such initial installation, which approval is not to be unreasonably withheld.
[1976 Code § 7-13]
On all burglar alarm systems and fire alarm systems now installed or hereafter installed on January 1 of each year there shall be paid a service charge to the City Clerk for each burglar alarm equipment and fire alarm equipment so installed the sum of $24 in advance for each installation. After January 1 of each year the service charge, payable in advance shall be at the rate of $2 per month for the number of months remaining in the year until January 1 following.
[1976 Code § 7-14]
The obligation for the maintenance and upkeep of burglar alarm equipment and fire alarm equipment shall be the sole responsibility of the person having had the equipment installed.
[1976 Code § 7-15]
If any service or other charge which is due and provided for hereunder has not been paid within 30 days after the same shall become due and payable, the Police Department shall have the right to disconnect and remove any installation or cause the installation to be disconnected and removed if the payment has been in default. These charges shall be due and payable without the necessity for giving any other notice than is provided for herein.
[1976 Code § 7-16]
All charges hereunder shall be the primary obligation of the party who has the burglar or fire alarm installed on the premises.