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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1972 Code § 37A-1; Ord. No. 1533-91]
The purpose of this section is to promote the public safety and welfare by alleviating conditions which lead to an unnecessary drain on manpower, time, facilities and finances of the Borough and its Police Department and Fire Department by establishing standards and regulations concerning the installation, operation and maintenance of alarm systems within the Borough.
[1972 Code § 37A-2; Ord. No. 1533-91]
As used in this section:
ADMINISTRATIVE FEE
Shall mean the fee payable to the Borough for excessive false alarm activations or other violations as set forth in this section.
ALARM AGENT
Shall mean any person or entity owning or employed by an alarm business, whose duties include the altering, selling, servicing, responding to, or causing others to respond to an alarm system or device.
ALARM BUSINESS
Shall mean any business which engages in the activity of installing, leasing, maintaining, repairing, replacing, selling, servicing or responding to an alarm system or device which causes any of these activities to take place. This definition shall not include retail department stores which only sell and do not service or install alarm systems or devices.
ALARM CONSOLE
Shall mean any console or control panel or devices giving a visual or audio response, or both, and located within the confines of the Manasquan Police Department.
ALARM INSTALLATION
Shall mean any alarm, device or combination of devices installed for or in one or more buildings, boats or vehicles within the Borough.
ALARM SYSTEM
Shall mean any type of equipment, device or an assembly of any equipment or devices designed to signal the presence of an emergency or hazard requiring urgent attention and to which police and fire departments or other emergency services may be expected to respond.
AUDIBLE SIGNALING DEVICE
Shall mean any device, such as a bell, siren, whistle, horn or gong, employed to call attention to or provide warning of intrusion by any person or by fire, smoke, flood, emergency or other peril, whether the same provides a visual or audio response, alarm or warning, if such warning is plainly audible across real property boundaries or at any point 50 feet beyond the interior walls of the house, apartment, offices, store, industrial building or other structure or at any point 50 feet beyond the boat or motor vehicle in or on which the alarm system has been placed.
AUTOMATIC DIALING SERVICE SYSTEM
Shall mean any alarm device which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
CENTRAL STATION
Shall mean a communications center receiving signals from an alarm signaling device which is operated for its subscribers, and which will take appropriate action upon receipt of an emergency signal from an alarm signaling device, including the relaying of such information directly to the communication center of the Police Department.
DESIGNATED REPRESENTATIVE
Shall mean any member of the Police Department or Code Enforcement Department, who may also function as the alarm system inspector.
DIAL ALARM
Shall mean any alarm device which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
DIRECT CONNECT
Shall mean any alarm signaling system other than an automatic dialing device which, when activated by an alarm signaling device, transmits a signal directly to the communications center or the Police Department.
FALSE ALARM
Shall mean the actuation of an alarm system by causes other than those to which the alarm system was designed or intended to respond.
SUBSCRIBER
Shall mean any person or entity that buys, leases or otherwise obtains an alarm signaling system and thereafter either contracts with or hires an alarm business to monitor and/or service the alarm device, or performs such service him/herself.
THIRD PARTY ALARM
Shall mean an alarm system whereby a signal is sent to a contractor who transmits the occurrence of an alarm to the Police Department by telephone.
[1972 Code § 37A-3; Ord. No. 1533-91]
a. 
Prohibition. No person shall operate an audible alarm, dial alarm, panel alarm or third party alarm within the Borough without first registering the alarm system as provided in this section, except as follows:
1. 
An alarm system in a motor vehicle shall be exempt from registration.
2. 
An alarm system in a boat shall be exempt from registration.
b. 
Contents of Alarm Registration Form. Each form shall contain the following:
1. 
Name, address, and the business and residence telephone numbers of the applicant.
2. 
Name, address and telephone number for the alarmed premises, if other than that given for applicant.
3. 
Names addresses and residence telephone numbers of at least two persons acquainted with the alarm system who can be contacted in the event of an emergency or false alarm.
4. 
Type of alarm device.
5. 
Name, address and business telephone number of the installer.
6. 
Other information as may be required by the Chief of Police.
c. 
Registration and License Duration. Registration and licensing shall be required only once for each alarm system; however, emergency information must be updated as registration information becomes obsolete.
d. 
Revocation. A license to operate an alarm within the Borough may be revoked by the Borough Council after an administrative review of the Police Committee, for failure to comply with the requirements of this section, for negligence in the operation of an alarm system or for improper installation or maintenance of an alarm system. Revocation of a license to operate an alarm will result in a suspension of response to alarms and the disconnection of the alarm (if applicable) from the panel located at Police Headquarters. The Borough, its officials, employees and agents shall not be held liable for failure to respond to alarms which are operated by persons without a license or with a suspended license.
e. 
Registration and License Fee. There shall be no fee to register and obtain a license to operate an alarm system within the Borough.
[1972 Code § 37A-4; Ord. No. 1533-91]
All audible signaling devices shall be equipped with a timing device to limit the sounding of the signaling device to 10 minutes or less; provided, however, that the device may be capable of automatically recycling for not more than one period having a duration of 10 minutes or less.
[1972 Code § 37A-5; Ord. No. 1533-91]
a. 
Automatic dialing devices designed to transmit signals directly to the Police Department shall be coded to dial a number specified by the Chief of Police.
b. 
The contents of any recorded message from a dialer alarm must be intelligible and in a format approved by the Chief of Police. No such message shall be transmitted more than three times as a result of a single stimulus of the mechanism. Messages shall not exceed 15 seconds, and the time gap between delivery shall be approximately 10 seconds.
c. 
All dial alarms shall be capable of being disconnected by the owner to permit a call to the Police Department switchboard in the event that a false alarm occurs.
d. 
The sensory mechanism of a dial alarm shall be adjusted so as to suppress false indications and to prevent its activation by impulses due to pressure changes in water pipes, short flashes of light, wind, noise, rattling or vibration of doors or windows, or other forces unrelated to general alarms.
[1972 Code § 37A-6; Ord. No. 1533-91; Ord. No. 2180-15]
When an alarm activation is received by, or reported to, the Police Department it shall be the responsibility of the subscriber or his/her agent to respond within 30 minutes of being notified, to assist the Police in their investigation of the alarm activation. A failure to respond will result in an administrative fee as stated in Chapter 16, Fees. This fee shall be in addition to any fees assessed for excessive false alarms.
[1972 Code § 37A-7; Ord. No. 1533-91; Ord. No. 2180-15]
a. 
Each license shall be allowed to incur up to five false alarms during a twelve-month period. The twelve-month period shall run from January 1st to December 31st of each year. Alarms during the first 30 days of installation will not be counted in order to allow installers to correct problems with the installation or equipment.
b. 
Administrative Fees. An administrative fee shall be imposed for false alarms in excess of the five alarms allowed under the preceding section as follows:
6th to 7th false alarms: See Chapter 16, Fees.
8th to 9th false alarms: See Chapter 16, Fees.
10th or more false alarms: See Chapter 16, Fees.
c. 
No-Response Category. Following the 15th false alarm within the twelve-month period, the Police Department shall have the option to notify the subscriber and the appropriate alarm company if known, that the subscriber has been placed in the no-response category. After proper notification to the subscriber, the Borough shall not be liable for any loss which results from the Police not responding to any alarm at that location.
d. 
Response Status Reinstatement. In order for the subscriber to be reinstated to a response status, the subscriber must provide written proof to the Chief of Police that the alarm has been repaired and is operating properly. Approval may be given on a trial basis for 60 days.
e. 
Multiple Alarms in Short Period. Notwithstanding the foregoing, where two or more false alarms are received within a short duration of time by the Police Department due to equipment malfunction only, the Chief of Police, in his discretion, may count the incidents as one false alarm for the administrative fee provision of this section.
f. 
Appeal to Police Committee. Whenever the Chief of Police (or his designee) is empowered to make a decision with respect to: the installation, operation and maintenance of any alarm equipment; or with respect to the issuance or denial of any application relating thereto; or in the imposition of any administrative fee, any person or entity aggrieved by the decision may, within 10 days following the decision, file a written appeal therefrom with the Police Committee, which shall review the appeal and conduct a hearing to affirm, modify or reverse the decision.
[1972 Code § 37A-8; Ord. No. 1533-91]
a. 
Alarm Console License. There is hereby established a police alarm console license which shall be granted only after advertisement for bids as required by the Local Public Contracts Law. Any such licensee shall have exclusive use and control of the alarm console, except for the use by the Borough of Manasquan, and such licensee will be responsible, at no cost to the Borough, for the establishment, construction and installation of the console containing equipment and being of a design approved by the Chief of Police or his designated representative and for the care, maintenance and management thereafter of the console, if necessary, under the supervision of the Chief of Police or his designee at no cost to the Borough. The licensee will assume all liability for the police alarm console and shall indemnify and hold harmless the Borough, its officials, employees and agents for any act of whatsoever nature related to the alarm console system.
b. 
Length of License. The alarm console license shall be for a term of three years.
c. 
Determination of Licensee. The alarm console license as provided for herein shall be awarded by the Borough Council after advertisement for bids as required by the Local Public Contracts Law.
d. 
Alarm Console Maintenance and Repairs. The licensee shall be responsible for the maintenance of the alarm console and shall provide for twenty-four-hour repair service, at no cost to the Borough. Emergency repair service numbers must be provided to the Police Department and all response must be within two hours of notification.
e. 
Registration of Subscribers to Alarm Board. Subscribers to the licensee's alarm console shall meet all requirements of, and be subject to, all provisions of this section including but not limited to, registration requirements and administrative penalties for excessive false alarms.
[1972 Code § 41-1; Ord. No. 963; Ord. No. 1010]
It is hereby determined, declared and found that this municipality constitutes a seashore resort, with part thereof constituting an amusement or entertainment area according to the customary understanding of the terms in the community and which the part thereof is more particularly described as follows:
All that area bounded on the west by the eastern boundary of First Avenue; on the east by the monumental beachfront line; on the north by the northerly boundary line of B-2 Zone north of East Main Street as shown on the Zoning Map of the Borough of Manasquan; and on the south by Brielle Road.
[1972 Code § 41-2; Ord. No. 963]
It shall be unlawful for any person, firm or corporation to operate any amusement game or games or amusement device for business purposes within this Borough without first obtaining a license from the Mayor and Council.
[1972 Code § 41-3; Ord. No. 963]
As used in this section:
AMUSEMENT DEVICE
Shall include any machine or apparatus, whether coin-operated or not, which is employed for amusement or skill and for the playing of which a fee is charged and regardless of whether or not any prizes or things of value are awarded to participants. This definition shall include but shall not be limited to such devices as pool and billiard tables, bowling alleys, pinball machines, shuffleboards and electronic games of skill or chance. The term "amusement device" shall not include vending machines which have no game or amusement feature, or music-producing apparatus.
AMUSEMENT GAMES
Shall include all games as defined in the Amusement Games Licensing of New Jersey, Chapter 109, P.L. 1959, as well as all games for which a fee is charged and for which no prizes or things of value are awarded participants.
[1972 Code § 41-4; Ord. No. 963; Ord. No. 967; Ord. No. 1570-92; Ord. No. 1735-98 §§ 1 — 3]
a. 
Each applicant for a license shall file with the Municipal Clerk a written application in a form to be provided by the Borough and, where applicable, in accordance with the New Jersey Amusement Games Licensing Law and the rules and regulations of the Amusement Games Control Commission. All applications shall contain the following information:
1. 
Name and address of the applicant and, if a corporation, the names of its principal officers, its principal office and the agent for service of process.
2. 
The location and description of the premises where any amusement game or amusement device is to be located.
3. 
A description of each amusement game and each amusement device, together with the amount charged for the use of same.
b. 
No license shall be issued except to persons of good moral character and who are approved by the Borough Council.
c. 
Subject to the provisions of Amusement Games Licensing Law of New Jersey, one license may issue for each location where amusement games or devices are to be employed.
d. 
Three amusement games or devices shall be permitted on any licensed premises, except for those located within the area described in subsection 4-3.1.
[1972 Code § 41-5; Ord. No. 963; Ord. No. 1005; Ord. No. 1229; Ord. No. 1362; Ord. No. 1436; Ord. No. 2180-15]
a. 
The following fees shall be charged for the type of licenses set forth as follows:
1. 
Games of skill or chance subject to Chapter 109, P.L. 1959:
(a) 
Stop and go: See Chapter 16, Fees.
(b) 
Arcade games: Each 50 units or any part thereof: See Chapter 16, Fees.
(c) 
Any other games permitted under Chapter 109, P.L. 1959: See Chapter 16, Fees.
2. 
Games of skill or chance not subject to Chapter 109, P.L. 1959: The fee stated in Chapter 16, Fees, per year for each amusement game or device except in the area described in subsection 4-3.1, where the fee shall be as stated in Chapter 16, Fees for each unit of 25 devices or any part thereof.
b. 
Each applicant shall pay a fee as established by the New Jersey State Police for fingerprinting and issuance of identification cards, when required under the rules and regulations promulgated by the Amusement Games Control Commissioner for each licensee and employee of the licensee.
[1972 Code § 41-6; Ord. No. 963]
a. 
Amusement games and devices shall be kept and placed in plain view of any person or persons who may frequent and be in any place or place of business where such devices or games are used. Nothing in this section shall be construed to authorize or license any gambling device or game not specifically permitted by the laws of New Jersey. No windows, doors or other openings in buildings where such devices or games are located shall be in any way obstructed so as to limit the view of the games or devices from outside the building.
b. 
The Mayor and Council shall have and exercise control and supervision over all amusement games and devices located in the Borough.
c. 
The Chief of Police shall inspect or cause to be inspected any place or building in which amusement games or devices are operating and shall inspect each device or game at least twice in each month that the same are in operation.
d. 
Minors under the age of 18 years shall, under no circumstances, be permitted to frequent, loiter or remain in any premises where pool, billiards and similar table games are provided for public use and for a fee or charge, except with the express consent of the parent, guardian or other person having lawful custody of such minor.
e. 
No gambling between participants in any amusement games or the users of any amusement device shall be permitted at any time.
[1972 Code § 41-7; Ord. No. 963]
In the event that any licensee shall violate any of the provisions of this section or the Amusement Games Licensing Law or the rules and regulations promulgated by the State Amusement Games Control Commissioner or the terms of such license, in addition to suffering any other penalties which may be imposed, will forfeit any license issued to the licensee under this section.
[1972 Code § 41-8]
Pursuant to the rules of the Legalized Games of Chance Commission to the State of New Jersey, the conduct of such games on Sundays is hereby specifically authorized.
[1]
Editor's Note: Former Section 4-5, Canvassers and Solicitors, previously codified herein and containing portions of 1972 Code §§ 69-1 through 69-12 was repealed in its entirety by Ordinance No. 1948-05.
[Ord. No. 1939-04 § 1]
It is the purpose of this section to protect the safety of residents of the Borough of Manasquan, to prevent fraud from being perpetrated upon them and to protect their privacy, while balancing such interests against the opportunity for commercial, political, religious, charitable, and nonprofit organizations to exercise their rights of free speech.
[Ord. No. 1939-04 § 2]
a. 
Word Usage. For the purpose of this section, certain words or phrases shall be interpreted in the following manner:
1. 
Words used in the present tense include the future tense.
2. 
Words used in the singular include the plural, and conversely words in the plural include the singular.
3. 
The word "shall" is mandatory and not discretionary.
4. 
The use of the masculine gender shall include the feminine gender.
b. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
APPLICANT
Shall mean a person or entity seeking to obtain a permit for solicitation from the Borough of Manasquan.
BOROUGH
Shall mean the Borough of Manasquan, Monmouth County, New Jersey.
EMPLOYER
Shall mean any individual or entity providing compensation, in any form whatsoever, to an individual engaged in solicitation within the Borough of Manasquan.
PERMIT
Shall mean a permit for solicitation issued by the Borough of Manasquan pursuant to the provisions of this section.
SOLICITATION
Shall mean to go in or upon private property in the Borough of Manasquan without having been invited to do so by the owner or occupant, for the purpose of (1) advertising, promoting, or selling any product, goods, or service; or (2) conducting market research or a market or opinion survey regarding commercial products or services. By way of illustration and not of limitation, solicitors shall include peddlers, hawkers, itinerant merchants and transient vendors of goods or services. Solicitation shall also include the placement upon private property of handbills or other written material advertising goods or services for sale. Solicitation shall also include the sale of goods or services which the solicitor promises to donate or delivery to a charitable or other nonprofit institution on behalf of the purchaser. Solicitation shall not include the entry upon private property without prior invitation of the owner or occupant by any person representing an entity which (1) qualifies for tax exempt status under the Internal Revenue Code; (2) qualifies for exemption from property tax under N.J.S.A. 54:4-3.6; (3) qualified for exemption from sales tax under N.J.S.A. 54:32B-9; or (4) was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes.
[Ord. No. 1939-04 § 3]
No person or entity shall engage in solicitation within the Borough without first having obtained a permit pursuant to the provisions of this section. Failure to obtain a permit prior to solicitation shall constitute a violation of this section. Each day of solicitation without a valid permit shall constitute a separate violation of the section.
[Ord. No. 1939-04 § 4]
Door-to-door canvassing, solicitation, campaigning, advocacy, education, proselytizing, handbill distribution, or other entry upon private property by individuals representing any entity which (1) qualifies for tax-exempt status under the Internal Revenue Code; (2) qualified for exemption from property tax under N.J.S.A. 54:4-3.6; (3) qualifies for exemption from sales tax under N.J.S.A. 54:32B-9; or, (4) was created under or is otherwise subject to the provisions of Title 15A of the New Jersey Statutes, shall be exempt from the provisions of this section. Solicitation of donations by any such organizations shall not constitute solicitation as defined in this section. Individuals representing such organizations may request a copy of the Borough's "Do Not Solicit" list for their information, but no penalties shall be imposed if they enter in or upon a property identified on the "Do Not Solicit" list.
[Ord. No. 1939-04 § 5; Ord. No. 2063-10 § 2; Ord. No. 2180-15]
a. 
Any person seeking to engage in solicitation within the Borough shall apply to the Police Department for solicitation permit.
b. 
An applicant for a solicitation permit shall be required to provide the following information in writing:
1. 
The name of each individual who will engage in solicitation within the Borough;
2. 
The present address of each individual who will engage in solicitation within the Borough.
3. 
As to each such individual, whether the individual has ever been convicted of a crime, and if so, the nature of the conviction, where convicted, the date of conviction, and the penalty imposed;
4. 
The employer or organization for which solicitation will be made;
5. 
The address of the employer or organization;
6. 
The telephone number of the employer or organization;
7. 
The name of the contact person at the offices of the employer or organization;
8. 
The type of goods or services to be sold, or the type of survey or research to be conducted;
9. 
As to any vehicle to be used by the applicant, the make, model, year, color and license plate information of the vehicle; and
10. 
The expected dates of solicitation within the Borough.
c. 
An applicant for a solicitation permit shall also be required to produce photo identification, which the Police Department will photocopy and attach to the application form.
d. 
The application form shall be signed by the applicant, under penalty of perjury.
e. 
Application forms, including photographic identification, shall be retained by the Police Department.
f. 
A fee as stated in Chapter 16, Fees, shall be paid for a solicitation permit.
g. 
Misrepresentation, false statements, or failure to disclose information on the solicitation permit application form shall constitute a violation of this section.
[Ord. No. 1939-04 § 6]
The Chief of Police or, in his absence, the officer in charge of the Police Department, shall issue a permit and identification badge upon completion of the solicitation permit application form. The permit and badge shall be issued to any and all applicants who complete the application form and provide photo identification. A separate permit and badge shall be issued to each individual who engages in solicitation within the Borough. The permit shall be signed by the Chief of Police or, in his absence, the officer in charge of the Police Department. The permit shall state the name of the individual, the business or organization for which solicitation is made, and the date the permit was issued.
[Ord. No. 1939-04 § 7]
Each individual engaging in solicitation within the Borough shall carry the permit issued to him upon his person and display his badge at all times while soliciting within the Borough, and shall produce the permit and badge if requested to do so by the police or any resident. Failure to carry the permit and/or display the badge during solicitation shall constitute a violation of this section.
[Ord. No. 1939-04 § 8]
a. 
A solicitation permit shall be effective for three months after the date it is issued. Solicitation without a valid permit in effect shall constitute a violation of this section.
b. 
Solicitation shall take place within the Borough only between the hours of 9:00 a.m. and 9:00 p.m. Solicitors are encouraged to wear reflective clothing and/or to carry flashlights if soliciting after dark.
[Ord. No. 1939-04 § 9]
a. 
Notwithstanding the provisions of any other section of this section, any person or entity owning property within the Borough may register such property on a "Do Not Solicit" list.
b. 
Registration for the "Do Not Solicit" list shall be made as follows:
1. 
The "Do Not Solicit" list shall be maintained by the Police Department.
2. 
It shall consist solely of property addresses, and shall include no further identifying information concerning the ownership of each property.
3. 
The Tax Assessor shall notify the Police Department of any change in ownership of property within the Borough. The Police Department shall remove from the "Do Not Solicit" list any property which has changed ownership.
c. 
The Chief of Police or, in his absence, the officer in charge of the Police Department, shall provide a copy of the "Do Not Solicit" list to each and every applicant to whom a permit is issued pursuant to this section. Upon request, the Chief of Police or his alternate shall also make available a copy of the "Do Not Solicit" list to any individual or entity otherwise exempt from the provisions of this section which intends to engage in door to door canvassing, solicitation, campaigning, advocacy, education, proselytizing, or handbill distribution.
d. 
Solicitation at any address identified on the "Do Not Solicit" list shall constitute a violation of this section. Each and every solicitation at an address identified on the "Do Not Solicit" list shall constitute a separate violation of the section.
[Ord. No. 1939-04 § 10]
For a violation of any provision of this section, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,250 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each and every day in which a violation of any provision of this section exists shall constitute a separate violation.
[1]
Editor's Note: See subsection 3-20.1, Parking on Certain Streets Prohibited for Selling Merchandise from Vehicles.
[1976 Code § 69-14; Ord. No. 1948-05 § 2]
No person, firm or corporation shall hawk or peddle on a public street, any goods, wares or merchandise of any description from a peddler's cart, wagon or automobile, without first procuring a license from the Chief of Police in the manner and under the conditions hereinafter prescribed; provided that this section shall not apply to any person engaged in the delivery of goods, wares or merchandise in the regular course of business to the premises of persons ordering same.
[1972 Code § 69-15]
Each applicant for such a license shall give to the Chief of Police, in writing, his name, address and such personal data as is required to identify him, together with the nature of the goods, wares or merchandise to be sold and any prior convictions of crime.
[1972 Code § 69-16]
Each such applicant, upon paying the fee required by this section, shall be issued a license by the Chief of Police; provided, however, that no person who has been convicted of crime shall be issued any such license.
[1972 Code § 69-17; Ord. No. 1948-05 § 3; Ord. No. 2180-15]
The fee for the license required by this section shall be as stated in Chapter 16, Fees. The license shall be effective for three months after the date that it is issued.
[1972 Code § 69-18]
Each licensee shall carry the license at all times and shall exhibit it to any person upon request.
[1972 Code § 69-19]
No such license shall be issued to any person who has not complied with any law of the State of New Jersey or ordinances of the Borough.
[1972 Code § 69-20]
No person, firm or corporation, whether licensed or not, shall visit or call at any private residence for the purpose of peddling goods, wares or merchandise when banned by the householder by a sign bearing words to the effect that peddlers are not invited or are prohibited.
[1972 Code § 69-21]
Any such license so issued may be revoked by the Chief of Police for violation of this section or any other ordinance of the Borough regulating peddlers or for any false information given in the application.
[1972 Code § 69-22; Ord. No. 1214; Ord. No. 1948-05 § 4]
No person shall hawk or peddle wares, goods or merchandise before the hour of 9:00 a.m. or after the hour of 9:00 p.m.
[1972 Code § 69-24]
This section is in addition to any other ordinance or ordinances regulating peddlers, transient merchants, itinerant vendors of merchandise, solicitation or canvassing within the Borough.
[1972 Code § 74-1; Ord. No. 1037; Ord. No. 2116-12 § 2]
As used in this section:
LICENSEE
Shall mean any person who holds a license or certification to practice massage and bodywork therapies pursuant to the provisions of N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et seq.
MASSAGE AND BODYWORK THERAPIES or MASSAGE AND BODYWORK
Shall mean systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage and bodywork principles. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, explaining and describing myofascial movement, self-care and stress management as it relates to massage and bodywork therapies. Massage and bodywork therapy practices are designed to affect the soft tissue of the body for the purpose of promoting and maintaining the health and well-being of the client. Massage and bodywork therapies do not include the diagnosis of illness, disease, impairment or disability.
MASSAGE AND BODYWORK THERAPIST
Shall mean a person licensed or certified to practice massage and bodywork therapies pursuant to the provisions of N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et seq.
MASSAGE ESTABLISHMENT
Shall mean any establishment or place of business wherein massage and bodywork therapies as to all or any one or more of the subjects and methods of treatments defined in "massage and bodywork therapies" is administered or used.
[1972 Code § 74-2; Ord. No. 1037; Ord. No. 2116-12 § 3]
a. 
It shall be unlawful for any person or persons to engage in the practice or attempt to practice massage and bodywork therapies in the Borough of Manasquan without a license or certification issued pursuant to the provisions of N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et seq.
b. 
It shall be unlawful for any person or persons to operate or conduct any massage establishment:
1. 
Without first obtaining a permit from the Municipal Clerk in accordance with the terms and provisions of this section;
2. 
Which does not conform to the sanitary provisions herein contained; and
3. 
Which employs or permits any person to work as a massage and bodywork therapist who does not hold a license or certification pursuant to the provisions of N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et seq.
[1972 Code § 74-3; Ord. No. 1037; Ord. No. 2116-12 § 4]
a. 
An applicant for a permit to operate a massage establishment shall submit the following information:
1. 
The type of permit sought i.e. whether for a new massage establishment, a renewal of a massage establishment permit or a change in corporate structure.
2. 
The type of ownership of the business i.e., whether individual, partnership, corporation or otherwise.
3. 
If applicant is an individual, the applicant's name, residential address, telephone number, date and place of birth, and the name as it shall appear on the permit.
4. 
If applicant is a corporation, the full names, residence addresses, dates and places of birth of each major officer and each stockholder, the names and addresses of the registered agent and the address of the principal office.
5. 
Whether the individual applicant and/or each major officer and each major stockholder has even been arrested or convicted of a crime, the date of the arrest, the crime or charge involved and the disposition thereof.
6. 
The name and address of any and all previous locations the applicant has owned operated or been employed by that provided massage therapy or similar services.
7. 
Whether the applicant or any major officer or stockholder of the applicant has ever been denied a massage therapy license, registration or permit and the location, date and reason for the denial.
8. 
The address of the premises where the permit is to be used, whether the applicant leases or owns the premises, and information regarding any mortgage on the premises.
9. 
The names, addresses and dates of birth for all employees of the massage establishment.
b. 
The applicant must furnish copies of all massage and bodywork therapy licenses and certificates held by all massage therapists employed at or providing massage or bodywork therapy at the establishment.
[1972 Code § 74-4; Ord. No. 1037; Ord. No. 2116-12 § 5; Ord. No. 2180-15]
a. 
Any person desiring to obtain a permit to operate a massage establishment shall submit an application to the Municipal Clerk, who shall refer all such applications to the Chief of Police, Building Department and Health Department for an appropriate inspection.
b. 
Each application shall be accompanied by a permit fee as stated in Chapter 16, Fees.
c. 
The Chief of Police, Building Department and Health Department shall inspect the premises proposed to be operated as a massage establishment and shall make written recommendations to the Municipal Clerk concerning compliance with the codes that they administer. No massage establishment shall be issued a permit or be operated, established or maintained in the Borough unless an inspection by the Building Department and Health Department reveals that the establishment complies with the minimum requirements of the Building and Health Codes for businesses operating in the Borough of Manasquan. In addition, the establishment must comply with each of the following minimum requirements:
1. 
All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected.
2. 
Adequate bathing, dressing and locker facilities shall be provided for the patrons to be served at any given time. In the event that the male and female patrons are to be served simultaneously, separate bathing, dressing, locker and massage room facilities shall be provided.
3. 
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
4. 
Adequate hand washing facilities shall be provided at convenient locations as necessary to maintain clean hands and arms of all employees during hours of operation.
[1972 Code § 74-5; Ord. No. 1037; Ord. No. 2116-12 § 6]
a. 
Upon payment of the application fee, submitting of all information required by application and upon proper inspection, a permit shall be granted immediately if all requirements described herein are met and unless it appears that any such applicant has deliberately falsified the application or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude.
b. 
Any person denied a permit pursuant to these provisions may appeal to the Borough Council in writing stating reasons why the permit should be granted. The Council may grant or deny the permit. The Council may also review any determination of the Chief of Police granting or denying a license on its own motion.
c. 
All permits issued hereunder are nontransferable; provided, however, that a change of location of a massage establishment may be permitted pursuant to the provisions hereof.
d. 
All permits issued pursuant to this section shall be for a term commencing on January 1st of each year and terminating on December 31st of the same year. The permit application fees provided for in subsection 4-7.4 shall not be prorated in the event that an application for a permit is made at any time after January 1st of any year.
[1972 Code § 74-6; Ord. No. 1037; Ord. No. 2116-12 § 7]
a. 
Every person or business to whom a permit shall have been granted shall display the permit in a conspicuous place at such person's place of business.
b. 
Every licensee employed by or providing massage and bodywork therapy at a massage establishment shall display his license or certification in a conspicuous place in his principal office, place of business or employment.
[1972 Code § 74-7; Ord. No. 1037; Ord. No. 2116-12 § 8; Ord. No. 2180-15]
A change of location of the massage establishment shall be approved by the Chief of Police, provided that all applicable ordinances are complied with and the change of location fee as stated in Chapter 16, Fees, is first paid.
[1972 Code § 74-8; Ord. No. 1037; Ord. No. 2116-12 § 9]
It shall be the responsibility of the holder of the permit for a massage establishment to ensure that each person employed as a massage therapist and each person working as a massage therapist at said massage establishment shall first have obtained a valid license or certification pursuant to N.J.S.A. 45:11-53 et seq. and N.J.S.A. 45:11-68 et seq.
[1972 Code § 74-11; Ord. No. 1037; Ord. No. 2116-12 § 10]
a. 
No permit shall be revoked until after due notice and a hearing shall have been held before the Borough Council to determine just cause for such revocation. Notice of such hearing shall be given in writing and served at least 10 days prior to the date of the hearing therein. The notice shall state the grounds of the complaint against the holder of such a permit and shall designate the time and place where such hearing will be had.
b. 
The notice shall be served upon the permit holder by delivering same personally or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event that the permit holder cannot be found and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be sent through certified mail, addressed to the permit holder at his place of business or residence at least 10 days prior to the date of such hearing.
[1972 Code § 74-12; Ord. No. 1037; Ord. No. 2116-12 § 11]
The permit for operation of a massage establishment may be revoked upon one or more of the following grounds:
a. 
Fraud, misrepresentation or false statement in the application for the permit.
b. 
Fraud, misrepresentation or false statement made in the course of carrying on the permitted business in the Borough.
c. 
Any violation of this section.
d. 
Conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, keeping or residing in a house of prostitution, or any crime involving dishonesty.
e. 
Fraudulent, false, misleading or deceptive advertising, the prescription of medicines, drugs or the practice of any other licensed profession without legal authority therefor.
f. 
That the permit holder is guilty of willful negligence in the practice of massage or has been guilty of employing, allowing or permitting any unlicensed or uncertified person to perform massage in his or her establishment.
g. 
Conducting the permitted business in the Borough in the unlawful manner as to constitute a menace to the health, safety or general welfare of the public.
[1972 Code § 74-13; Ord. No. 1037]
The requirements of this section shall have no application and no effect upon and shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths or any nurse working under the supervision of a physician, surgeon, chiropractor or osteopath duly licensed to practice the respective professions in this State.
[Ord. No. 2063-10 § 6]
It shall be unlawful for any person, firm, corporation, or other entity to erect, place, maintain or operate, on any public street, sidewalk, right-of-way, or in any other public way or place, in the Borough any structure without first obtaining a license from the Municipal Clerk specifying the exact location of such structure.
[Ord. No. 2063-10 § 6]
Application for a license shall be made, in writing, to the Borough Council upon such form as may be provided and shall contain the name and address of the applicant and the exact location of the proposed encumbrance, and shall be signed by the applicant.
[Ord. No. 2063-10 § 6; Ord. No. 2180-15]
As an express condition of the acceptance of such license, the applicant agrees to indemnify and save harmless the Borough, its officers, directors and employees against any loss, liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person or as the result of the installation, use or maintenance within the Borough.
As stated in Chapter 16, Fees, the fee to be charged for the encumbrance shall be calculated by the Tax Assessor based upon the size of the encumbrance located upon the public street, sidewalk, right-of-way, or other public way or place.
Licenses shall be valid for the calendar year in which the license is issued and may be renewable with the Borough's permission and with the payment of the annual fee. License agreements in excess of one year may be granted at the Borough's discretion and subject to a separate written license agreement.
[Ord. No. 2063-10 § 6]
If the license fee is not paid on or before the due date, a late fee equal to 10% of the amount due and owing shall be immediately assessed.
[1972 Code § 75-1; Ord. No. 1574-92]
a. 
The uncontrolled placement of newsracks in public rights-of-way present an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.
b. 
Newsracks so located cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances.
c. 
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health and general welfare of persons in the Borough of Manasquan in their use of public rights-of-way.
[1972 Code § 75-2; Ord. No. 1574-92]
As used in this section:
DISTRIBUTOR
Shall mean the person, firm, corporation or other entity responsible for placing and maintaining a newsrack in a public right-of-way.
NEWSRACK
Shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals.
PARKWAY
Shall mean that area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel.
ROADWAY
Shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.
SIDEWALK
Shall mean any surface provided for the exclusive use of pedestrians.
STREET
Shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
[1972 Code § 75-3; Ord. No. 1574-92]
It shall be unlawful for any person, firm, corporation or other entity to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, in the Borough any newsrack without first having obtained a permit from the Municipal Clerk specifying the exact location of such rack(s). One permit may be issued to include any number of newsracks, and shall be signed by the applicant.
[1972 Code § 75-4; Ord. No. 1574-92]
Application for such permit shall be made, in writing, to the Municipal Clerk upon such form as shall be provided, and shall contain the name and address of the applicant, the proposed specific location of the newsrack, and shall be signed by the applicant.
[1972 Code § 75-5; Ord. No. 1574-92; Ord. No. 2180-15]
a. 
As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the Borough, its officers, directors, and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person or as the result of the installation, use or maintenance of a newsrack within the Borough.
b. 
Permits shall be issued for the installation of a newsrack or newsracks without prior inspection of the location but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this section and such reasonable rules and regulations as may be established by the Borough Council. Permits shall be issued within 72 hours after the application has been filed. An annual permit fee for the first newsrack and for each additional newsrack is required as stated in Chapter 16, Fees.
c. 
Permits shall be valid for the calendar year in which the permit is issued and shall be renewable pursuant to the procedure for original applications and upon payment of the permit fee.
[1972 Code § 75-6; Ord. No. 1574-92; Ord. No. 1578-92]
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:
a. 
No newsrack shall exceed 50 inches in height, 32 inches in width, or 24 inches in thickness.
b. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.
c. 
Each newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.
d. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism.
e. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
1. 
It is reasonably free of dirt and grease.
2. 
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof.
3. 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
4. 
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration.
5. 
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.
6. 
The structural parts thereof are not broken or unduly misshapen.
[1972 Code § 75-7; Ord. No. 1574-92; Ord. No. 1578-92]
Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this subsection:
a. 
No newsrack shall be used or maintained which projects onto, into, or over any part of the roadway of any public street, or which rests wholly or in part upon, along, or over any portion of the roadway of any public street.
b. 
No newsracks shall be permitted to rest upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location.
c. 
No newsrack shall be chained, bolted, anchored to the ground or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.
[1972 Code § 79-1; Ord. No. 1020]
As used in this section:
OPEN-AIR PARKING LOT
Shall mean any open-air plot of ground, lot or land where motor vehicles are parked, kept or located for a parking fee, charge or other consideration.
[1972 Code § 79-1; Ord. No. 1020]
No person shall manage, conduct, operate or carry on the business of a privately owned open-air parking lot without first having obtained a license.
[1972 Code § 79-1; Ord. No. 1020]
This section shall not apply to parking areas where parking privileges are permitted only for employees, customers, clients or other persons on business visits of businesses, industries or professional establishments, provided that no charge or fee is required and that no overnight parking is permitted. This exemption shall not be construed to apply to premises utilized in connection with any business of automobile repair, service or storage.
[1972 Code § 79-1; Ord. No. 1020]
The following information shall be provided with each application for a license under this section:
a. 
Tax map description of the premises to be used as a parking lot.
b. 
Name and address of the property owner.
c. 
Name and address of the applicant.
d. 
Evidence of the consent of the owner if the applicant is not the owner.
e. 
Sketch of location of premises showing accurately the area to be used, adjacent buildings, streets and all driveways within 100 feet of the exit and entrance to the premises. The sketch shall also show the layout of the proposed use, exits and entrances and the individual parking arrangement for each motor vehicle setting forth the type of vehicles to be parked.
[1972 Code § 79-1; Ord. No. 1020]
Upon receipt of an application, the Code Enforcement Official shall refer it to the Police Chief and Fire Inspector for investigation and report as to compliance with the terms of this section and all other applicable Borough ordinances.
[1972 Code § 79-1; Ord. No. 1020; Ord. No. 1252]
All open-air parking lots for motor vehicles shall be constructed and maintained as follows:
a. 
No motor vehicle shall be parked, kept or located within three feet of any building occupied as a residence.
b. 
Before any license is issued, the complete area included in the license, with exits and entrances established, shall be enclosed by a suitable means of bounding the licensed area and preventing vehicles from protruding beyond the licensed area.
c. 
The licensee shall keep the licensed premises free from filth, paper and rubbish.
d. 
No motor vehicle which is used for the conveyance of any flammable liquid, including gasoline, naphtha, benzine, kerosene, motor fuel oil or other flammable liquids or any flammable gases or explosives shall be parked within 200 feet of any fuel pump, place where gasoline or other fuel is stored or kept or any building or structure on the premises of the parking lot or adjacent thereto.
e. 
No motor vehicle which is used for the conveyance of any flammable liquid, including gasoline, naphtha, benzine, kerosene, motor fuel oil or other flammable liquids or any flammable gases or explosives shall be parked on any parking lot overnight unless there is an attendant present on the premises of the parking lot.
f. 
All fees and charges to be imposed on patrons of open-air parking lots shall be posted and be clearly visible so as to allow the patron to be made aware of the fees and charges before using the parking area.
[1972 Code § 79-1; Ord. No. 1020; Ord. No. 1435; Ord. No. 2180-15]
The annual license fee for open-air parking lots for motor vehicles shall be a sum equal to the multiplication of the number of square feet of the area to be licensed by the amount stated in Chapter 16, Fees, provided that the minimum fee shall be $50.
[1972 Code § 79-1; Ord. No. 1020]
It shall be the responsibility of the Code Enforcement Official to control the establishment of each parking area, and the Police Chief shall supervise the operation of same for the purpose of assuring compliance with the terms of this section as well as all other applicable Borough ordinances. After the license is issued and the parking business established, it shall be the duty of the Police Chief to notify the licensee of any violations and to prosecute same in the Municipal Court.
[1972 Code § 79-1; Ord. No. 1020]
At no time, except in an emergency, shall the repair of vehicles be permitted within the area licensed hereunder nor shall any other business activity be permitted within the area, except the parking of vehicles.
[1972 Code § 98A-1; Ord. No. 1554-91]
a. 
The Chief of Police shall establish a list of persons or firms who shall be utilized by the Police Department to provide towing and wrecking services for abandoned or wrecked vehicles. The list shall be comprised of a maximum of 12 operators. In establishing the list, the Chief of Police shall determine as eligible any operator capable of responding to any location in Manasquan within 15 minutes of receiving a telephone call to provide the towing service.
b. 
The Chief of Police shall also establish and maintain a waiting list for operators in the event that the number of authorized operators exceeds 12. The placement on the waiting list shall be based on the date of filing the application by the person or firm wanting to be utilized by the Police Department for towing and wrecking services.
[1972 Code § 98A-2; Ord. No. 1554-91]
a. 
An application for a license as a proprietor of a towing or wrecking business to be placed upon the list to be utilized by the Police Department shall be made by the person or firm engaged in operating a wrecker or wreckers. The application shall be made on forms furnished by the Police Department and shall specifically report the following facts:
1. 
The full name and address of the applicant. If the applicant is a corporation, it shall state the names and addresses of the officers and directors thereof, its registered office and its resident agent. If the applicant is a partnership, it shall state the names and addresses of all of the partners.
2. 
The year, make and type of each wrecker used in the business, its serial number, registration number and registered owner.
3. 
The address where the wrecker or wreckers shall be regularly garaged, the telephone numbers available on a twenty-four-hour-per-day basis and the names of all operators, their addresses and the serial numbers of their New Jersey motor vehicle licenses.
b. 
The application for a towing and wrecking license shall be accompanied by a certificate of liability insurance for the wrecker in the policy limits of no less than $200,000 for injury to one person, $500,000 for injury to two or more persons and $50,000 for property damage. The certificate of insurance shall be issued by a company certified to do business in New Jersey, and each policy must contain an endorsement providing for 30 days' notice to Manasquan in the event of any material change in the policy or cancellation thereof.
c. 
The Police Department shall conduct a check of all equipment, personnel and facilities of the applicant to determine the ability of the applicant to perform the towing services.
d. 
The office and storage area of the applicant must be located in zones where such use is permitted and be within the boundaries of the Borough.
e. 
Each vendor providing towing services must show proof of ownership or a valid lease for proper land areas to store a minimum of five cars.
f. 
Each wrecker must meet all of the requirements of Title 39 of the New Jersey Revised Statutes, and all applicable vehicle rules and regulations. The wrecker must have a boom-lifting capacity of at least four tons. In addition, each wrecker must have the following equipment.
1. 
One large broom and shovel.
2. 
At least one set of dolly wheels.
3. 
Steering wheel lock for towing vehicles from the rear.
4. 
Tow-sling type tow bar to prevent any part of the crane metal from touching the towed vehicle.
5. 
Emergency warning lights.
6. 
Portable safety lights capable of being installed on the rear of a towed vehicle if necessary.
7. 
Safety flares for night work.
g. 
After the application has been submitted and been reviewed by the Police Department, it shall be forwarded to the Chief of Police for approval or disapproval by him.
[1972 Code § 98A-3; Ord. No. 1554-91]
The Chief of Police shall be responsible to maintain documents containing the names, addresses and twenty-four-hour telephone numbers of all licensed wreckers and a record of the types of wreckers available to meet the specific need of the emergency. The Chief of Police shall also see that a record is maintained of the regular response of wreckers to police calls, including any complaints from vehicle owners as to improper service or charges.
[1972 Code § 98A-4; Ord. No. 1554-91]
The Chief of Police shall maintain, a weekly revolving list of licensed wreckers to provide service where needed and shall instruct all duty and investigating officers to utilize the list.
[1972 Code § 98A-6; Ord. No. 1554-91; Ord. No. 1992-07 § 1; Ord. No. 2180-15; Ord. No. 2209-2016 § 1; Ord. No. 2225-2017 § 1]
a. 
Towing fees and charges shall be stated in Chapter 16 Fees.
b. 
Storage fees and charges shall be as follows:
1. 
Storage per day (or any part thereof) commencing after the vehicle is placed in storage (see Chapter 16, Fees). Tow operators are not required to pick up vehicles between 3:00 a.m. and 7:00 a.m., except in the case of an emergency. Tow operators will release impounds seven days a week between the hours of 8:00 a.m. and 6:00 p.m. Vehicles involved in a MVA (motor vehicle accident) shall be released during normal business hours of the storage facility/body shop. The term "vehicles" shall mean all vehicles recognized under Title 39 of the New Jersey Revised Statutes.
c. 
Additional Charges:
1. 
Lockout/Disconnect Linkage/Go Jacks;
2. 
Clean Up Fee MVA;
3. 
Off Road Recovery and Stand-By Time.
d. 
Show Up Fee. The towing service operator shall be entitled to a "show up" charge if the operator or owner of a vehicle appears at the stated location within the 15 minute period in which the tow operator is required to respond to the police dispatcher's request for towing service.
e. 
Hook Up Fee. A towing service operator shall be entitled to a "hook up" fee if the towing service operator responds to a request by the Borough, appears at the towing location and hooks up the tow truck to vehicle to be towed, regardless of whether the actual towing is commenced.
f. 
Every operator of a towing service shall give the owner a written estimate of cost and a written receipt when paid.
g. 
This towing fee schedule shall be posted in a conspicuous place at the business location of any authorized tower participating in the Towing Service Rotation Program.
[1972 Code § 98A-6; Ord. No. 1554-91]
The practice of cruising with a wrecker or tow truck is forbidden. Furthermore, no person shall pay any emolument to any third person not involved in the accident or to any Police Officer for information as to the location of any accident or solicit employment of the licensee's service nor give any gratuities, fees or other compensation or gifts to any members of the Police Department.
[1972 Code § 98A-7; Ord. No. 1554-91]
By making application to be utilized as a tower or wrecker by the Police Department and by accepting such employment, the person or firm agrees to:
a. 
Provide a prompt response to each call and appear at the location of the vehicle to be towed within 15 minutes of being notified of the need for the towing services.
b. 
Clean all debris and fluid, exclusive of toxic materials, at the accident site resulting from the accident.
c. 
Provide the Police Department with the following information on vehicles unclaimed over 30 days:
1. 
Year, make, color and vehicle identification number.
2. 
Owner's name and address.
3. 
Copy of certified letter advising the owner of the vehicle's whereabouts.
4. 
Photograph of vehicle.
d. 
Maintain a record in a bound volume of all towing and wrecking jobs handled, the name of the owner or operator involved, the charge made for the service, the date and the amount of payment.
e. 
Comply with all other terms and conditions of this section.
[1972 Code § 98A-8; Ord. No. 1554-91]
The Chief of Police is hereby given the authority to promulgate rules and regulations necessary to carry out the intent and purpose of this section. The Chief of Police is hereby given the authority to suspend or revoke the right of any person or firm which is on the authorized list if the person or firm violates any of the terms and conditions of this section. Any person or firm aggrieved by any rule or regulation promulgated by the Chief of Police or by a suspension or revocation made by him shall be given a hearing by the Borough Council within 35 days of filing a hearing request with the Municipal Clerk.
[1972 Code § 98A-9; Ord. No. 1554-91]
Nothing in this chapter shall be construed to prevent any owner or operator of a motor vehicle involved in a motor vehicle accident from calling any tower or wrecker of his or her own choice. However, if the tower or wrecker designated by the owner or operator of the motor vehicle is not immediately available, the tower or wrecker designated on the weekly revolving list established under subsection 5-14.4 utilized.
[1972 Code § 67A-1; Ord. No. 1172]
As used in this section:
GARAGE SALE
Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
GOODS
Shall mean and include any books, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Shall mean and include individuals, partnerships, voluntary associations and corporations.
[1972 Code § 67A-2; Ord. No. 1172; Ord. No. 2063-10; Ord. No. 2180-15]
a. 
It shall be unlawful for any person to conduct a garage sale in the Borough without first filing with the Code/Construction Department the information hereinafter specified and obtaining from the Code/Construction Department a permit to conduct such sale, to be known as a "garage sale permit." A fee as stated in Chapter 16, Fees, shall be required for the issuance of such permit.
b. 
The person making application for the garage sale permit shall file a completed application with the Code/Construction Department seven days before the first day of the garage sale in order to provide adequate time for the processing of the permit. The Code Enforcement Official or his designee shall review the information contained on the permit. The Code Enforcement Official or his designee shall have the right to impose conditions on the permit relating to matters of public safety.
[1972 Code § 67A-1; Ord. No. 1172]
a. 
The permit shall be issued only to premises on which a residential dwelling is located, it being the intention to prohibit garage sales on vacant lots and further to limit the issuance of the permits to specified premises rather than to any individual. The permit may be issued to any premises only twice within any twelve-month period, and the permit shall be issued for no more than three consecutive calendar days. Furthermore, no person, firm, group, corporation or association shall directly or indirectly conduct a garage sale at any premises within the Borough more than twice in any twelve-month period. Charitable, religious and civic organizations may be allowed more than two permits with the approval of the Borough Council.
b. 
Each permit issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the garage sale.
[1972 Code § 67A-4; Ord. No. 1172; Ord. No. 2063-10 § 3]
The information to be filed with the Code/Construction Department shall be as follows:
a. 
The name of the person, firm, group, corporation, association or organization conducting the sale.
b. 
The name of the owner of the property on which the sale is to be conducted and consent of the owner if the applicant is other than the owner.
c. 
The location at which the sale is to be conducted.
d. 
The number of days of the sale.
e. 
The date and nature of any past sale.
f. 
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting the sale and the date or dates of such sale.
g. 
Whether or not applicant has been issued any other vendor's license by any municipal, County, State or Federal agency.
h. 
A sworn statement or affirmation by the person signing that the information therein given is full, true and known to him to be so.
i. 
Any other information deemed necessary by the Code Enforcement Official so as to process the application.
[1972 Code § 67A-5; Ord. No. 1172]
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
[1972 Code § 67A-6; Ord. No. 1172; Ord. No. 2063-10 § 3]
a. 
Signs posted or handbills advertising a garage sale, as herein defined, shall be of a size not larger than 12 inches by 12 inches and must contain the address of the person conducting the sale, the number of the permit issued by the Borough and the dates for which such permits were issued.
b. 
All such signs shall be removed within 24 hours after the completion of the sale.
c. 
Newspaper advertisement of such sale shall contain the permit number.
[1972 Code § 67A-7; Ord. No. 1172; Ord. No. 1828-00 § 1; Ord. No. 2063-10 § 3]
The provisions of this section shall not apply to or affect the following persons or sales:
a. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement, which separate items do not exceed one in number.
d. 
Any sale conducted by any merchant or other business establishment in a place of business wherein such sale would be permitted by the zoning regulations of the Borough or under the protection of the nonconforming use section thereof, or any sale conducted by a manufacturer, dealer or vendor which sale would be conducted from properly zoned premises and would not otherwise be prohibited in the Borough ordinances.
e. 
Any bona fide, charitable, eleemosynary, educational, cultural or other organization or association not for profit may be exempted from the limitation established in subsection 4-15.3 hereof, upon demonstrating to the Borough Council its right to such exemption. The production of a certified copy of a certificate of incorporation, pursuant to Title 15 of the Revised Statutes of New Jersey, shall be presumptive evidence of the right of such organization to this exemption.
f. 
Garage sales are not permitted at properties abutting Union Avenue, Parker Avenue (Route 71), Taylor Avenue and South Street. This includes corner properties at these locations.
[1972 Code § 67A-8; Ord. No. 1172; New]
a. 
This section shall be enforced by the Code Enforcement Officer and the Police Department. It shall be the duty of the Code Enforcement Officer, Chief of Police or their designated agent to investigate any violation of this section.
b. 
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets or interfere with the orderly passage of pedestrian traffic on sidewalks in the area of such premises. All such persons shall obey the reasonable orders of any member of the Code Enforcement Department or the Police Department in order to maintain the public health, safety and welfare.
[Ord. No. 2098-11 §§  1 to 13; Ord. No. 2131-13 § 1-3; Ord. No. 2171-14; Ord. No. 2180-15; amended 2-4-2019 by Ord. No. 2276-19]
As used in this section, the following terms shall have the meanings indicated:
BOROUGH
Borough of Manasquan.
DRIVER
Any person who drives a taxi/autocab within the Borough of Manasquan and such taxi/autocab holds a business registration certificate from the State of New Jersey bearing a Borough of Manasquan street address.
LICENSE
A certification and/or document from the Borough of Manasquan issued to the New Jersey Motor Vehicle Commission stating that the operator is authorized to operate a taxi/autocab pursuant to Ordinance No. 2272-18 and has been issued a decal to utilize the Borough of Manasquan designated taxi stands.
OPERATION
Operation of a taxi/autocab shall consist of transporting in such taxi/autocab of one or more persons for hire. A taxi/autocab which is operated or run, over any of the streets within the Borough, to seek or accept passengers for transportation from points or places to points or places within or outside the Borough shall be deemed to be operation of a taxi/autocab within the Borough. A taxi/autocab parked or idling on a Borough street or accepting a passenger for hire from a point of departure within the Borough shall be deemed to be operation. Operation of a taxi/autocab by one other than the owner shall be deemed operation by the owner, as well as operation by the person actually driving the taxi/autocab. The transportation in or through the Borough of any person other than the owner or driver of any motor vehicle bearing signs therein or thereon using the word "taxi," "cab," "autocab," "car service," "hack," "dial a ride," "call a ride," "transport," transport vehicle," "car service" or "transportation" shall be prima facie evidence of operation.
OWNER
Any person, corporation, business entity or association in whose name title to any taxi/autocab is registered with the New Jersey Motor Vehicle Commission, or who appears in any governmental records to be the conditional vendee or licensee thereof and holds a business registration certificate from the State of New Jersey bearing a Borough of Manasquan street address.
PERSON
Includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
TAXI/AUTOCAB
Means and includes any automobile commonly called "taxi," holding a business registration certificate from the State of New Jersey bearing a Borough of Manasquan street address and engaged 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 within the Borough and which accepts or discharges passengers for transportation from points or places to points or places within or outside the Borough. "Taxi/autocab" shall not include a limousine as defined by N.J.S.A. 48:16-3.
No person shall receive a certification and/or document from the Borough of Manasquan issued to the New Jersey Motor Vehicle Commission unless both the taxi/autocab and the driver thereof are licensed in the Borough in accordance with this section and said person or corporation conforms to all of the laws and regulations of the State of New Jersey.
a. 
All taxi/autocab owners and operators operating within the Borough shall be licensed in accordance with the provisions of this section.
b. 
There are hereby established two classes of taxi/autocab licenses in the Borough as follows:
1. 
Taxi/Autocab Driver's License. This license shall entitle the individual named therein to operate within this Borough any taxi/autocab duly licensed hereunder. Such license may only be issued in the name of an individual and not in the name of the business entity.
2. 
Taxi/Autocab Owner's License. This license shall entitle the vehicle therein listed and described to be used as a taxi/autocab and operated in this Borough by a driver duly licensed hereunder.
Application Form. Each applicant for the issuance or renewal of a license of either class shall supply, in full, the information requested on the application forms approved by the Borough Administrator and obtained from the Borough Clerk, and shall verify the correctness thereof by certification. The completed application must be filed with the Borough Clerk, together with the fee hereinafter fixed.
a. 
Applications for taxi/autocab owner's and driver's licenses shall be filed with the Borough Clerk at any time, but no taxi/autocab shall receive a certification and/or document from the Borough of Manasquan issued to the New Jersey Motor Vehicle Commission, unless both the taxi/autocab and driver are licensed in accordance with this section each year.
b. 
Requirements for Taxi/Autocab Owner's Licenses. Each applicant for a taxi/autocab owner's license must meet the following requirements to be considered for issuance of a license:
1. 
Be of the age of 21 years, or over.
2. 
Possess a valid New Jersey driver's license.
3. 
Submit a completed medical examiner's certificate required under 49 CFR 391.41 to 391.49 to the Borough from a licensed physician stating that the applicant has been examined within 60 days of the date of the application and is fit for the safe operation of a taxi/autocab.
4. 
Fully complete an application form provided by the Borough Clerk, which shall be signed and sworn to or certified by the applicant and filed with the Borough Clerk as a permanent record.
5. 
The applicant shall be required to consent to and submit to a state and federal criminal history check, either by fingerprinting or live scan through Morphotrak, Inc. (a private company under contract with the State of New Jersey), or whoever the current state vendor under contract is at the time, at the Borough's sole discretion, or provide a CDL passenger endorsement, which shall be forwarded to the Borough at the cost and expense of the applicant.
6. 
The applicant shall be required to apply to the New Jersey Motor Vehicle Commission for a certified driver history abstract which shall be forwarded to the Borough at the cost and expense of the applicant.
7. 
Insurance.
(a) 
Each applicant for a taxi/autocab owner's license shall, together with the application, submit the insurance policy required by N.J.S.A. 48:16-3 et seq., covering the taxi/autocab sought to be licensed; and each applicant shall then and thereafter comply with all of the provisions of N.J.S.A. 48:16-1 et seq., as well as the acts amendatory thereof or supplemental thereto.
(b) 
If the applicant operates in more than one municipality, the applicant must file an original duplicate autocab insurance certificate issued pursuant to N.J.S.A. 48:16-7 by the Clerk of the municipality within which the owner's principal place of business is located.
(c) 
The minimum acceptable insurance liability limit is as follows. Combined single limit coverage: $100,000.
c. 
Requirements for Renewal of Taxi/Autocab Driver's License. Each renewal applicant for a taxi/autocab driver's license must meet the following requirement:
1. 
For any applicant seeking to renew a taxi/autocab owner's and/or driver's license who does not maintain a valid CDL passenger endorsement, the Morphotrak criminal history check shall be performed once every three consecutive years. For the two consecutive years following each Morphotrak check, the applicant shall submit to a Criminal History Record Information for a Noncriminal Justice Purpose SBI 212B check to be performed through the Borough Police Department at the applicant's expense. Renewal applicant shall maintain insurance coverage as delineated in Subsection 4-16.4b7 (Insurance).
a. 
Upon notification by the Borough Clerk of satisfactory fulfillment of the foregoing requirements, the Mayor and Council shall either grant or deny the license application, unless the governing body returns or holds over the application for further investigation.
b. 
Any license issued pursuant to this section shall expire at 12:00 midnight of the 31st day of January of the following year from when it was issued, and shall not be transferable. All taxi/autocabs duly licensed shall receive a Borough of Manasquan decal, which shall be affixed to the vehicle.
a. 
The Mayor and Council may, in their discretion, refuse to issue or renew, or may after notice and hearing before the Mayor and Council, revoke or suspend any taxi/autocab driver's and/or owner's license issued hereunder if the applicant or licensee:
1. 
Has been convicted of a crime in this or any other jurisdiction.
2. 
Violates any provision of this section.
3. 
Has not complied fully with all of the requirements of this section.
4. 
If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary conditions, or is otherwise dangerous to the safety or health of the occupants or others.
5. 
If the policy of insurance required by N.J.S.A. 48:16-3 and Subsection 16.4b7 of this section lapses, or such coverage is not maintained at all times.
6. 
Has in any degree contributed to any injury to any person, or damage to property, arising out of reckless operation of a motor vehicle pursuant to N.J.S.A. 39:4-96.
b. 
A person shall be disqualified from operating or driving an autocab if a criminal history record background check as required by this section reveals a record of conviction of any of the following crimes:
1. 
In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4, or 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
2. 
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection b1 of this subsection.
3. 
If a person who has been convicted of one of the crimes enumerated in Subsection b1 and 2 of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
a. 
No taxi/autocab shall be operated in the Borough unless the taxi/autocab driver's license (including photograph identification) of the person operating the taxi/autocab is prominently displayed and open to view of passengers in accordance with reasonable procedures of the Borough.
b. 
The certificate of insurance required by N.J.S.A. 48:16-6 shall likewise be prominently displayed in accordance with reasonable procedures of the Borough provided by way of written notice to the licensee.
a. 
Every taxi/autocab operating within the Borough shall have affixed or painted on both sides thereof the words "taxi" or "cab" in letters at least six inches high, or the name of the operating owner containing the words "taxi" or "cab" or "taxicab," as well as the business telephone number.
b. 
Every taxi/autocab or other vehicle required to be licensed under this section operating within the Borough shall display a visual identification symbol the design, specification and contents of same to be determined in the sole discretion of the Borough, by way of a decal, magnetic device, placard or other method which will identify the vehicle as properly and currently licensed. The method of display shall be as determined by the Borough Police Department and communicated in writing to the taxi license holder which shall be required to adhere to the contents of said notice within seven calendar days of the date of the notice. The Borough may elect to require that the visual identification symbol be made and then affixed to the licensed vehicle by a vendor or vendors of the Borough's designation, all such costs for such production and affixing to the licensed vehicle to be paid by the licensee.
a. 
No Cruising. No person shall cruise the streets of the Borough in any vehicle, including but not limited to taxi/autocabs at any time for the purpose of soliciting for one or more persons for transportation for a fee or fare.
1. 
Prearranged Pickup. Any taxi/autocab may pick up passengers if the taxi/autocab owner or the owner's agent has been specifically called by the person seeking transportation or someone acting on said person's behalf or such person has otherwise arranged in advance for pickup at a specific time and place. The taxi/autocab driver must have proof of such prearrangement including at a minimum the full name of the person to be picked up, the full name of the person making the arrangements and a contact phone number for said person making the arrangements.
b. 
All persons shall be picked up or discharged at the curb, or in off-street areas designated by business establishments for the use of their patrons, and the taxi/autocab shall at no time interfere with traffic on any roadway.
c. 
Nothing herein shall preclude commercial establishment locations to establish pickup areas in parking lots.
The Borough of Manasquan may designate the location and size of any taxi stand in accordance with state law and pursuant to the Borough of Manasquan Code § 7-16. Only taxi/autocabs and taxi/autocab drivers licensed by the Borough under this section may utilize the taxi stand. No person shall sit idle, park or operate in a designated taxi stand for any other purpose except to pick up or discharge passengers. A designated taxi stand may only be occupied by a taxi/autocab and driver licensed by the Borough in accordance with this section. No person shall leave any vehicle unoccupied at any designated taxi stand. A taxi stand shall allow a person the opportunity to find transportation services in an expeditious, unbiased, nondiscriminatory and courteous manner. No passenger may be denied transportation by any taxi/autocab occupying any portion of a designated taxi stand provided that said passenger has the ability to meet the terms, fare or fee for the service to be rendered. Call ahead or prearranged pickups may not be picked up from any designated taxi stand.
a. 
Temporary Taxi Stand. The ranking or senior Borough police officer on duty may, in the event the number of people at any location seeking transportation from taxi/autocabs creates or may create a safety concern and/or may create a disturbance of the peace, establish a temporary taxi stand at any public location, such temporary taxi stand to be designated by temporary traffic signs or other traffic devices identifying the temporary taxi stand. The provisions of Subsection 4-16.11 applicable to taxi stands shall be applicable to temporary taxi stands pursuant to the Borough of Manasquan Code § 7-16.
a. 
Any person violating any of the provisions of this section shall, upon conviction of a first offense be subject to a fine of not to exceed $250; on conviction of a second offense be subject to a fine of not to exceed $500 and for a third or subsequent offense be subject to a fine of $1,250; and/or be subject to a term of imprisonment not exceeding 90 days in the county jail, or in any other place provided by the municipality for the detention of prisoners, or both.
b. 
Any corporation violating any of the provisions of this section shall, upon conviction, pay a fine of not less than $500 or more than $1,250.
c. 
Nothing herein shall preclude the prosecution of any such violation under Title 48 and or Title 2C of the New Jersey statutes nor restrain or prohibit the Mayor and Council from suspending or revoking any license issued hereunder in accordance with the provisions of this section.
a. 
Should any section or provision of this section be held invalid in any proceedings, the same shall not affect any other section or provision of this section, except insofar as the section or provision so held invalid shall be inseparable from the remainder of any such section or provision.
b. 
Chapter 97 et seq., of the Borough of Manasquan Code and all ordinances and parts of ordinances inconsistent with this section herewith are hereby repealed.
c. 
This section shall become effective following the final passage and publication according to the law.