[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.
[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.
[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]
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.
Shall mean the City of Sea Isle City, New Jersey.
Shall mean the County of Cape May County, New Jersey.
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.
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:
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.
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:
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.
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:
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:
[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]
[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:
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.
Shall mean to navigate or possess or otherwise use a sailboat.
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.
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]
[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.
[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:
Shall mean any motor vehicle fueled with clean-burning compressed
natural gas, gasoline permitted only as a back up fuel source.
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.
Shall mean and include person, firm or corporation.
Shall mean the Association recognized by the City to coordinate
jitney service in Sea Isle City.
Shall mean and include any street, avenue, land or public
place in the City utilized for vehicular jitney traffic.
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.
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.
Driver identification card; background checks.
[Amended 2-25-2020 by Ord. No. 1649]
1.
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.
2.
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 2019 will
be required to undergo a full fingerprint background check. In 2020,
2021, and 2022, the applicant shall undergo an in-house local records
check. In 2023, the applicant will again undergo a full fingerprint
background check.
3.
If the applicant is a corporation, limited liability company or partnership,
then the following individuals shall be subject to a background check:
(a)
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
(b)
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.
(c)
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
4.
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 and results of such investigation, which, 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 City Council.
A copy of the report shall also be sent to the applicant.
5.
The City of Sea Isle City will be utilizing the State-Police-coordinated,
non-criminal-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.
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]
[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:
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.
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.
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.
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.
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.
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.
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.
Shall mean any individual, partnership, limited partnership,
association, corporation or joint-stock company, their lessees, trustees
or receivers.
Shall mean and include any street, avenue, park, parkway,
highway or other public roadway, whether or not the same is approved.
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:
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.
No more than one passenger, other than the driver, in the front
seat of the vehicle.
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]
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]
[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.
[1976 Code § 7-11]
As used in this section:
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.
[Added 5-11-2021 by Ord.
No. 1667]
The delivery of any type or kind of cannabis shall be prohibited
within the City except by a state-approved dispensary delivery service
and by employees of said dispensary delivery service provided all
of the City licensing requirements are met. All deliveries of cannabis
items and related supplies must be by a licensed, insured, and City-approved
delivery service, shall be by pre- scheduled prepaid order, shall
be transported to a private residence only, delivered only to the
intended recipient and shall be delivered in unmarked vehicles only.
[Added 5-11-2021 by Ord.
No. 1667]
a.
No person shall operate a cannabis delivery vehicle within the City
unless the vehicle is owned by a state-approved dispensary (a copy
of written state approval shall be provided to the City Clerk), all
of its occupants are employees of said delivery service (proof of
employment shall be provided to the City Clerk) and that the owner,
the driver, and all passengers of the cannabis delivery vehicle are
licensed by the City under this chapter.
b.
There are hereby established three classes of cannabis delivery vehicle
licenses to be known as a "cannabis delivery vehicle owner's
license," "cannabis delivery vehicle driver's license," and "cannabis
delivery vehicle passenger license." No driver or passenger of a cannabis
delivery vehicle shall be permitted in a cannabis delivery vehicle,
whether operating or not, within the City unless licensed by the City.
Cannabis delivery vehicles shall be designated for single use only.
A vehicle permitted as a cannabis delivery vehicle shall not be used
as any other type of vehicle or for any other delivery/service such
as but not limited to taxicab, shuttle, nonemergency medical transport,
limousine, or as an executive sedan.
c.
No application of any of the licenses will be approved by the City
Clerk unless the following conditions for each application are satisfied:
1.
Completion of all forms, checklists, and other submissions as may
be required by the City Clerk's Office;
2.
Payment of all applicable local fees, including inspection and licensing
fees;
3.
Demonstration that all applicable state licenses have been obtained;
4.
Passage of all applicable state and local inspections required to
be completed prior to the beginning of operations and/or renewal of
any state and/or local license;
5.
Emergency contact information to be utilized by police, fire, and
EMT personnel in the event of an on-site emergency.
d.
Cannabis Owner's License. A cannabis owner's license shall
entitle a state approved/permitted cannabis delivery service (must
provide a copy of state-issued approval/permit to the City Clerk prior
to issuance of license) a license to operate an unmarked/logo free
vehicle within the City for the purpose of delivering cannabis to
customers that have previously ordered and paid for said cannabis
by a driver that is an employee of said service, duly licensed hereunder,
by the New Jersey Motor Vehicle Commission and in accordance with
the laws of the State of New Jersey until the license is expired,
surrendered, suspended or revoked, and it shall not be transferable.
All licensed owners must be an owner of a state-approved/permitted
cannabis delivery service. The number of cannabis delivery vehicle
licenses under this section to be issued and outstanding in any one
year shall be five.
e.
Cannabis Delivery Vehicle Driver's License. A cannabis delivery
vehicle driver's license shall entitle the person named therein
to operate within the City any cannabis delivery vehicle duly licensed
hereunder, by the New Jersey Motor Vehicle Commission, and in accordance
with the laws of the State of New Jersey until the license is expired,
surrendered, suspended or revoked, and it shall not be transferable.
All licensed drivers must be an employee of a City-licensed and state-approved/permitted
cannabis delivery service. The number of cannabis delivery vehicle
driver's licenses under this section to be issued and outstanding
in any one year shall be three per company.
f.
Cannabis Delivery Vehicle Passenger's License. A cannabis delivery
vehicle passenger's license shall entitle the passenger named
therein to be a passenger in a cannabis delivery vehicle operated
within the City duly licensed hereunder, by the New Jersey Motor Vehicle
Commission, and in accordance with the laws of the State of New Jersey
statutes until the license is expired, surrendered, suspended or revoked,
and it shall not be transferable. All licensed passengers must be
an employee of a City-licensed and state-approved/permitted cannabis
delivery service. The number of cannabis delivery vehicle driver's
licenses under this section to be issued and outstanding in any one
year shall be three per company.
[Added 5-11-2021 by Ord.
No. 1667]
a.
All applications for cannabis delivery vehicle owner's licenses,
cannabis delivery vehicle driver's licenses, and cannabis delivery
vehicle passenger's licenses shall be in writing, in duplicate,
shall contain all required information and 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 21 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.
No application will be approved by the City Clerk unless it is accompanied
by appropriate forms and contains all of the information required
in the application.
c.
Cannabis Delivery Vehicle Owner's License; Application.
1.
All applications for cannabis delivery vehicle owner's licenses
or renewal license shall be in writing, in duplicate, and shall contain
the following:
(a)
Any business duly licensed by the State of New Jersey to conduct
legal adult use marijuana operations, as defined by state law, may
deliver pre-order/prescheduled cannabis within the City so long as
the entity maintains its state license in good standing and the entity
otherwise remains in full compliance with the laws and regulations
established by the State of New Jersey and the applicable agency,
authority, and/or department governing the licensed activity, as may
be amended.
(b)
Submission of a full copy of the Application for State Licensure,
via hard copy or digitally, with pages prominently marked "CONFIDENTIAL"
as appropriate for purposes of compliance with New Jersey's Open
Public Records Act (NOTE: pages not marked as confidential will be
disclosed in response to an applicable OPRA request).
(c)
Full name, date of birth, address, telephone number, cell phone
number, website and email address of all owners holding 5% interest
or more;
(d)
Vehicle serial number, vehicle state registration number; type,
color, year, make, number of doors, number of persons the vehicle
can carry as passengers and the total weight the vehicle can transport;
(e)
Schedule indicating dates and hours vehicle will operate;
(f)
The vehicle identification number, New Jersey vehicle registration
number, vehicle insurance policy particulars, vehicle type, color,
year, make, number of doors, number of persons the vehicle can carry
as passengers, and total cargo the vehicle can transport for all vehicles
that shall enter the City.
(g)
Name, age, address, date of birth and phone number of all drivers
and passengers that will occupy said vehicle.
No cannabis delivery vehicle owner's licenses to operate
within the City of Sea Isle City shall be granted or renewed without
such evidence as may be required by the City Clerk's office to
determine that the entity maintains all valid state and/or departmental
licenses and approvals, and that all such licenses and/or approvals
remain in good standing at the time of registration.
2.
All applicants shall provide such information as the City Clerk requires,
including, but not limited to, full 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 cannabis delivery vehicle owner's license
hereunder.
3.
Each 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, for each
individual owning more than 5% of the equity of the applicant, as
well as for each operator and passenger to be employed or otherwise
hired by the applicant at the time the application is submitted. Each
initial owner's application for license applicant will be required
to undergo a full fingerprint background and criminal check. A renewal
cannabis owner's license may be issued upon the applicant completing
and filing a renewal application and verifying by oath or affirmation
that there have been no changes in the information contained in the
issuance of the initial applications and that they have continued
to comply with all laws of the State of New Jersey relating to the
operation of state approved/permitted cannabis delivery service and
is not in violations of any provisions of this chapter.
4.
If the applicant is a corporation, limited liability company or partnership,
then the following individuals shall be subject to a background check:
(a)
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
(b)
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.
(c)
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
5.
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 and results of such investigation, which, 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 City Council.
A copy of the report shall also be sent to the applicant.
6.
The City of Sea Isle City will be utilizing the State-Police-coordinated,
non-criminal-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.
7.
It shall be unlawful for any owner of any cannabis delivery vehicle,
as defined in this section, to operate or to permit a driver or a
passenger of same to be within an operated vehicle on the streets
of the City until a valid license has been obtained therefor, as the
case may be, as herein provided.
8.
The licensed applicant shall affirm that the cannabis delivery vehicle
business and/or license shall not be used and operated for unlawful
purposes and shall comply with applicable laws.
9.
The applicant of an owner's license shall promptly notify the
City Clerk and provide additional drivers' and passengers'
abstracts and criminal background check as and when other individuals
acquire up to a 5% equity interest in the applicant and/or additional
operators and passengers are employed or hired during any license
term. The additional operators shall be permitted to operate a cannabis
delivery vehicle for the applicant on a temporary basis (not to exceed
60 days) upon the submission of a completed application for an operator's
and/or passenger's license and satisfaction with all other requirements
of this chapter.
d.
Cannabis Delivery Vehicle Driver's License; Application.
1.
All applications for cannabis delivery vehicle driver's licenses
or renewal license shall be in writing, in duplicate, and shall contain
the following:
(a)
Driver's full name, date of birth, address, telephone number,
cell phone number and email address;
(b)
Full name of employer (cannabis delivery service), address,
telephone number, website and email address;
(c)
Schedule indicating dates and hours of each day said driver
will operate delivery vehicle; and
(d)
The vehicle identification number, New Jersey vehicle registration
number, vehicle insurance policy particulars, vehicle type, color,
year, make, number of doors, number of persons the vehicle can carry
as passengers, and total cargo the vehicle can transport.
2.
Each applicant for a cannabis delivery vehicle 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 holds a valid New Jersey driver's license (provide
copy of license to City Clerk), is licensed by the New Jersey Motor
Vehicle Commission and that the applicant is at least 21 years of
age.
3.
Each applicant for a cannabis delivery vehicle 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.
4.
All applicants shall provide such information as the City Clerk requires,
including, but not limited to, full 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 cannabis delivery vehicle driver's
license hereunder.
5.
The applicant for a cannabis delivery vehicle driver's license
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. Initial driver's application
for license applicant will be required to undergo a full fingerprint
background and criminal check. A renewal cannabis driver's license
may be issued upon the applicant completing and filing a renewal application
and verifying by oath or affirmation that there have been no changes
in the information contained in the issuance of the initial applications
and that they have continued to comply with all laws of the State
of New Jersey relating to the operation of state approved/permitted
cannabis delivery service and is not in violations of any provisions
of this chapter.
6.
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 and results of such investigation, which, 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 City Council.
A copy of the report shall also be sent to the applicant.
7.
The City of Sea Isle City will be utilizing the State-Police-coordinated,
non-criminal-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.
8.
It shall be unlawful for any driver of any cannabis delivery vehicle,
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.
9.
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.
e.
Cannabis Delivery Vehicle Passenger's License; Application.
1.
All applications for cannabis delivery vehicle passenger's licenses
or renewal license shall be in writing, in duplicate, and shall contain
the following:
(a)
Passenger's full name, date of birth, address, telephone
number, cell phone number and email address;
(b)
Full name of employer (cannabis delivery service), address,
telephone number, website and email address;
(c)
Schedule indicating dates and hours of each day said passenger
will occupy the delivery vehicle;
(d)
The vehicle identification number, New Jersey vehicle registration
number, vehicle insurance policy particulars, vehicle type, color,
year, make, number of doors, number of persons the vehicle can carry
as passengers and total cargo the vehicle can transport.
2.
Each applicant for a cannabis delivery vehicle passenger'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/government
issued identification and that the applicant is at least 21 years
of age.
3.
Each applicant for a passenger'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.
4.
It shall be unlawful for any passenger of any cannabis delivery vehicle,
as defined in this section, to operate or occupy the vehicle on the
streets of the City until a valid license has been obtained therefor,
as the case may be, as herein provided.
5.
All applicants shall provide such information as the City Clerk requires,
including, but not limited to, full 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 cannabis delivery vehicle driver's
license hereunder.
6.
The applicant for a cannabis delivery vehicle passenger's license
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. Initial passenger's application
for license applicant will be required to undergo a full fingerprint
background and criminal check. A renewal cannabis passenger's
license may be issued upon the applicant completing and filing a renewal
application and verifying by oath or affirmation that there have been
no changes in the information contained in the issuance of the initial
applications and that they have continued to comply with all laws
of the State of New Jersey relating to the operation of state-approved/permitted
cannabis delivery service and is not in violation of any provisions
of this chapter.
7.
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 and results of such investigation, which, 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 City Council.
A copy of the report shall also be sent to the applicant.
8.
The City of Sea Isle City will be utilizing the State-Police-coordinated,
non-criminal-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.
9.
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.
[Added 5-11-2021 by Ord.
No. 1667]
a.
No cannabis license, owner, driver and passenger, 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, operate or occupy a cannabis delivery vehicle
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 cannabis
delivery vehicle 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 municipality,
county, state or federal court, upon conviction, the City Clerk may
revoke the license of the cannabis delivery vehicle passenger, driver
and/or 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 cannabis delivery vehicle licensee which are against
the best interest of the public or the cannabis 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.
[Added 5-11-2021 by Ord.
No. 1667]
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 cannabis delivery vehicle which may be found by the
Sea Isle City Chief of Police to be unsafe or not in condition to
properly operate 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 cannabis delivery vehicle that is out of service for any reason
is not entitle to any prorated fee reimbursement.
[Added 5-11-2021 by Ord.
No. 1667]
It shall be unlawful for any person making application for any
license 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.
[Added 5-11-2021 by Ord.
No. 1667]
It shall be unlawful to drive or operate any cannabis delivery
vehicle while that cannabis delivery vehicle is carrying more than
allowable passengers or product. Repeated complaints against owner's,
drivers or passengers will be grounds for disciplinary action initiated
by the Administrator.
[Added 5-11-2021 by Ord.
No. 1667]
a.
Only licensed cannabis delivery vehicle owners or their employees
can drive an authorized vehicle.
b.
Only a licensed cannabis delivery vehicle can be used.
c.
Unsanitary, inadequate, unclean, or unsafe cannabis delivery vehicles
will not be permitted to operate.
d.
It shall be illegal to use profanity or engage in physical violence
either in cannabis delivery vehicles or in areas on or near delivery
locations.
e.
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.
f.
Cannabis delivery vehicle owners must notify the Sea Isle City Police
Department immediately when a change of license number or registration
number occurs.
g.
All licensed vehicles and the state approved/permitted cannabis delivery
service must provide the City Police Department with access to security
footage immediately upon request by the Department.
h.
No flags, banners or advertising of any kind is permitted on cannabis
delivery vehicles.
i.
No loud noise shall be permitted to come from the vehicle during
delivery or any time during the operation of the vehicle within the
City.
j.
No lights shall be permitted to come from the vehicle other than
lights required to be on a vehicle such as headlights and taillights
during delivery or any time during the operation of the vehicle within
the City.
k.
No odors, such as, but not limited to, odors of cannabis shall be
permitted to come from the vehicle during delivery or any time during
the operation of the vehicle within the City.
l.
Driver shall check ID prior to any exchange of cannabis to confirm
that the recipient is at least 21 years of age and is the intended
recipient.
m.
Only state approved/permitted cannabis delivery service employees
are permitted to make deliveries.
n.
This section is cumulative of all other applicable laws and ordinances.
[Added 5-11-2021 by Ord.
No. 1667]
a.
Each application for a cannabis delivery vehicle 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.
Prior to the issuance of a license under this chapter, and at all
times while the license is in effect, the licensee shall maintain
on file with the City Clerk proof of the issuance required hereunder.
b.
If the insurance policies issued to the licensee pursuant to this
chapter are canceled for any reason, the license issued under this
chapter is automatically suspended. In order to reinstate the license,
the licensee shall file a new certificate of insurance and provide
proof of such to the City Clerk.
c.
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 cannabis delivery vehicles 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.
d.
The policy shall provide coverage for every driver and passenger
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 cannabis delivery vehicle.
e.
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.
f.
Each cannabis delivery vehicle licensed to make deliveries in the
City shall be equipped with GPS tracking and a lockbox. The Chief
of Police, or designee, shall inspect the GPS tracking and lockbox
upon initial license, for each renewal license, or upon request at
any time.
[Added 5-11-2021 by Ord.
No. 1667]
No cannabis delivery vehicle owner's, driver's, or
passenger'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.
[Added 5-11-2021 by Ord.
No. 1667]
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
cannabis delivery 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 cannabis delivery vehicle 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;
k.
If a cannabis delivery vehicle, at any time, carries more passengers
than permitted, travels to or delivers to an unscheduled location,
carries more cannabis than it is permitted to carry by the laws of
the State of New Jersey and/or and the terms of this section;
l.
For any reason stated in this section or for any good cause as determined
by the City.
[Added 5-11-2021 by Ord.
No. 1667]
No cannabis delivery vehicle shall at any time carry more than
two passengers and shall not carry an amount of cannabis larger than
the amount of cannabis permitted under the laws of the State of New
Jersey.
[Added 5-11-2021 by Ord.
No. 1667]
Every holder of any owner's license shall require the driver
of the cannabis delivery vehicle to keep a daily record identified
by the vehicle number of the delivery vehicle used and the license
number of the cannabis delivery driver, which record shall include
the time, full name, exact location of delivery address, when and
where an order was accepted, as well as the time and place of discharge
of cannabis order and names of all passengers. 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 and shall
be provided immediately upon request.
[Added 5-11-2021 by Ord.
No. 1667]
a.
There shall be affixed in every cannabis delivery vehicle, in such
manner that the same can be conveniently read by any person, 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,
and the year of issuance. The card shall also contain a photograph
of the cannabis delivery vehicle driver with the name of the driver
and his/her license number.
b.
Every cannabis delivery vehicle so licensed shall have no identification,
logo, paint, or any marking of any kind on the outside of the vehicle
that would identify the vehicle as a cannabis delivery vehicle.
[Added 5-11-2021 by Ord.
No. 1667]
Drivers of cannabis delivery vehicles shall not receive or discharge
passengers or cannabis products in the roadways or on any public property
but shall take place only on private property. The vehicle shall pull
up to a private driveway or a legal parking space as near as possible
to the delivery location. The driver and/or passenger shall make the
delivery and return to the vehicle as timely as possible.
[Added 5-11-2021 by Ord.
No. 1667]
The owner of each cannabis delivery vehicle shall have each
delivery vehicle presented to the Chief of Police or other designated
police officer prior to issuance or renewal of the cannabis delivery
vehicle 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.
[Added 5-11-2021 by Ord.
No. 1667]
A cannabis delivery vehicle shall only be permitted to deliver
to a pre-scheduled pre-paid recipient. The complete order information,
such as, but not limited to, full name, exact address, order details
and any other information said requester deems appropriate upon request
by any law enforcement agent or authorized City employee. No owner,
driver, or passenger of any cannabis delivery vehicle shall knowingly
misinform or mislead any such person as to time and place of arrival,
deceive any person or make false representations to any person, shall
not make any solicitation to exchange in any manner cannabis to any
individual that has not made a pre-scheduled pre-order, convey any
delivery to any other place or over any street other than that to
which the driver was instructed to go. No driver or passenger of a
cannabis delivery vehicle shall be permitted to "gift" cannabis, in
any amount to any individual. Every owner and/or driver shall be responsible
to see to it that all products are carried in a safe and responsible
manner and by using a reasonable and direct route from point of origin
to point of destination with no additional or unscheduled stops permitted.
[Added 5-11-2021 by Ord.
No. 1667]
a.
The annual cannabis delivery vehicle owner's license shall be
as prescribed in this chapter. The license shall be effective for
a period from January 1 to December 31 of each year and shall be renewed
prior to expiration. No cannabis delivery vehicle shall be operated
within the City 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. The fee for a cannabis
delivery vehicle owner's license shall be $150. All licenses
are nontransferable.
b.
For the issuance of a cannabis delivery service owner's license
for a vehicle replacing that originally licensed, the fee shall be
$25.
c.
The annual cannabis delivery driver's and passenger's license
shall be $10. The license shall be effective for the period from January
1 to December 31 of each year and shall be renewed prior to expiration.
No cannabis delivery vehicle shall be operated within the City 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. All licenses are nontransferable.
[Added 5-11-2021 by Ord.
No. 1667]
Nothing in this section shall be construed to exempt any person,
firm or corporation owning or operating a cannabis delivery vehicle
from complying with the laws relating to the ownership, regulation
and operation of automobiles in the State of New Jersey.
[Added 5-11-2021 by Ord.
No. 1667]
b.
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.
c.
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.
