Township of Warren, NJ
Somerset County
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Table of Contents
Table of Contents
The general power to license and prescribe license fees is contained in R.S. 40:52-1, 2. Licensing is also a part of the general police power granted by R.S. 40:48-2.
The township committee has found that persons performing work or providing services for township residents have caused damage to persons and property in conjunction therewith for which the residents, general public or the township have not been adequately compensated. It is hereby determined and declared that the public interests require that any person doing work or providing services for which licenses or permits are required shall maintain during the period of the licenses or permits adequate liability and property damage insurance.
Prior to the issuance of any permits or licenses for the doing of any work or performing of any services within the township, each applicant shall file a certificate of insurance certifying that there is in full force and effect during the term thereof liability and property damage insurance for the protection of the applicant, the property owner affected and the township or any agencies thereof, from any and all claims for personal injury including accidental death and property damage in minimum amounts of $100,000 to $300,000 personal injury and $25,000 property damage.
The requirements of this section shall not apply to public utilities subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey nor under circumstances where any other state or municipal statutes, ordinances, rules or regulations require the filing of insurance certificates as a condition for the issuance of licenses or permits.
[Ord. 78-2]
The purposes of the within section are:
a. 
Deterring the use of soliciting and canvassing to gain access to homes for criminal purposes;
b. 
Maintaining quiet and privacy for residents of the Township of Warren; and
c. 
Discouraging unethical and dishonest business practices.
[Ord. 78-2; Ord. No. 2016-14]
When used in this section, certain terms shall be defined as follows:
a. 
CANVASSER or SOLICITOR — Shall mean any of the following:
1. 
An itinerant vendor of merchandise who shall go from door to door selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatsoever, including, but not limited to, magazines, periodicals, books, and orders or contracts for home improvements or alterations.
2. 
A person who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work to be used for commercial purposes which by nature involves a door-to-door or place-to-place activity.
3. 
A person who goes from door-to-door or place-to-place for the purposes of soliciting contributions, donations or any other thing of value for any person or organization.
4. 
A person who distributes or places on private property any advertising materials or handbills of a commercial nature, or who engages in any similar work which involves door-to-door or place-to-place activity, whether or not such advertising material or handbill is for products and/or services offered by the distributor of such materials or by another person or entity.
b. 
PERSON — Shall mean any individual, firm, partnership, association, group of persons or corporation.
[Ord. 78-2; Ord. 05-04, S 1]
No person shall canvass or solicit within the Township of Warren without first having obtained a permit therefor in accordance with the provisions of this section.
It is the further intent of this section to require the licensing of any person who shall sell or solicit for the sale of goods or services within the township from one or more temporary locations in zone districts which permit retail sales as a permitted use, or where otherwise permitted by law or variance, or by going from door-to-door or place-to-place. Sales or solicitations from temporary locations are prohibited in zone districts which do not permit retail sales as a permitted use unless such sales are expressly permitted by some other law or variance. As used in this section, "temporary locations" shall include on-street parking of a vehicle, with or without the engine running.
Applications for permits shall be made upon forms provided by the township, shall be filed with the chief of police of the township and shall contain the following information.
a. 
Name, age and physical description of the applicant.
b. 
Complete permanent home and local address of the applicant.
c. 
Name and address of the organization or person for whom canvassing or soliciting is being made.
d. 
Description of the nature of the business or activity and the goods, services or wares to be sold and sufficient information to determine whether or not the activity contemplated is interstate or intrastate.
e. 
Two recent photographs of the applicant which shall be approximately 2 1/2 inches by 2 1/2 inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner.
f. 
The days and dates upon which canvassing or soliciting is to take place.
g. 
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly persons offense and if so the details thereof.
h. 
The make, model, year, color and license plate number of each automobile used by the applicant during the period of canvassing or soliciting within the township and the number of the applicant's driver's license and the State in which issued.
i. 
A list of any current canvassing or soliciting permits received from other municipalities.
j. 
A statement as to whether or not the applicant has been denied a canvassing or soliciting permit during the past year.
k. 
A statement authorizing the police chief to conduct a New Jersey State Bureau of Investigation Records Check and an agreement on the part of the applicant to provide all information required for the conducting of said records check.
A separate application shall be filed for each individual soliciting or canvassing within the township. A fee of $15, plus the cost, if any, to the township for a New Jersey State Bureau of Investigation Records Check shall accompany each application to defer costs of processing the same.
Upon receipt of an application, the chief of police shall cause an investigation to be made of the applicant's business and moral character for the protection of the public safety and welfare. In the event the investigation as aforesaid should reveal any of the following results, the chief of police shall deny a permit to the applicant.
a. 
Conviction of any crime or misdemeanor involving arson and other burnings, atrocious assault and battery, breaking and entering, bribery and corruption, burglary, conspiracy, embezzlement, conversion and misappropriation of funds, extortion or threats, forgery and counterfeiting, frauds and cheats, indecency and obscenity, larceny, loan sharking, possession or use of a controlled dangerous substance, rape and carnal abuse, receiving stolen property, robbery, seduction, and any other crimes against the person or crimes involving moral turpitude.
b. 
Conviction of any misdemeanor or disorderly persons offense involving being unable to give a good account, common thieves, burglars and pickpockets, carrying weapons or burglar tools, conspiracy, unlawful soliciting, assault and battery, frauds and misrepresentations, possession or use of habit-producing drugs, shoplifting, and any other offense involving moral turpitude.
c. 
Business pursuits resulting in fraud, misappropriation of funds or similar activity.
The above crimes, misdemeanors or disorderly persons offenses shall be deemed to be those as defined or equivalent to crimes and disorderly offenses defined by law in the State of New Jersey.
In the event the chief of police shall deny a permit to the applicant, the chief of police shall detail reasons for such denial.
In the event the investigation as aforesaid should not disclose any of the above, a permit shall be issued forthwith by the chief of police upon which shall be affixed one photograph of the applicant signed by the chief of police in such manner that part of his signature shall cover part of the photograph.
Each applicant when canvassing or soliciting within the township shall carry the permit at all times and shall exhibit the same to any citizen or police officer upon request.
a. 
All permits issued pursuant to this section shall be valid for the dates issued of a particular calendar year and shall expire on December 31 of said calendar year. Permits shall be valid between the hours of 9:00 a.m. and 9:00 p.m., prevailing time, Monday through Saturday (holidays excepted.) No more than 10 permits shall be issued at any time for a particular soliciting or canvassing activity.
b. 
All circulars, samples or other material shall be handed to an occupant of the property or left in a secure place on the premises.
c. 
No permittee shall enter or attempt to enter the house or apartment of any resident of the township without an express invitation from the occupant thereof.
d. 
No permittee shall conduct himself in such a manner as to become objectionable to or annoy any person while canvassing or soliciting.
e. 
No permittee shall canvass or solicit upon premises where signs are located as to give adequate notice of the prohibition of such activity.
In the event the chief of police shall deny any application for a permit, the applicant may appeal that decision within a period of 10 days from the date of denial which appeal shall be filed with the township clerk, such appeal shall be heard by a committee of three members of the governing body appointed for such purpose by the mayor within a period of seven days from the date it is filed. This committee may affirm, modify or reverse the decision of the chief of police and in doing so indicate in writing the reasons for granting or denying the permit. The committee shall apply the standards indicated in subsection 4-2.5 above and relate its findings and conclusions to the objectives of this section as outlined in subsection 4-2.1. The committee's disposition shall be rendered forthwith and shall be final.
a. 
This section shall not be construed to include the sale and delivery of milk, eggs, bread, newspapers or such other necessary and perishable articles of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of one week or less, nor the selling of products actually grown by the seller.
b. 
Any veteran or exempt fireman who holds a special license under the laws of the State of New Jersey shall be exempt from the fee provisions of this section but shall be required to comply with all other applicable provisions hereof.
c. 
Any non-profit, religious, charitable, recreational, civic or veteran's organizations, service club, volunteer fire or first-aid company desiring to solicit or canvass or have solicited or canvassed in its name, money, donations or financial assistance of any kind or desiring to sell or distribute any items of literature for which a fee is charged, shall be exempt from the provisions of this section provided there is filed a sworn application in writing with the chief of police for a special permit. Said application shall contain the following information:
1. 
Name and address of the organization.
2. 
Purpose for which the special permit is requested.
3. 
Name and address of the officers, directors or trustees of the organization.
4. 
Period during which canvassing or soliciting is being carried on.
5. 
Names and addresses of all canvassers or solicitors engaged by the applicant.
Upon being satisfied that the organization or association is bona fide and as represented in its application, the chief of police shall issue a special permit without charge for the period of time during which canvassing or soliciting is requested.
d. 
Any person canvassing or soliciting for a political candidate or program shall be exempt from this section.
Permits issued under this section may be revoked by the chief of police after written notice outlining reasons for any of the following causes.
a. 
Misrepresentation or false material statement contained in the application.
b. 
Misrepresentation or false material statement made in the course of carrying on activities regulated herein.
c. 
Conviction of any crime, misdemeanor or disorderly persons offense or engaging in business activity that would have precluded issuance of a permit as outlined above.
d. 
Conducting canvassing or soliciting in an unlawful manner in violation of the provisions of this section or in such a manner as to cause a breach of the peace or to constitute a menace to safety or general welfare of the public.
Any person whose permit has been revoked shall have the right of appeal subject to the procedure and standards as outlined in subsection 4-2.8.
Any person violating any of the provisions of this section shall be subject to the penalties indicated in section 3-10.
It shall be unlawful for any person to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey (1965) without first having procured a license from the board of health to do so or without complying with all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey (1965).
The fees for licensing of retail food establishments are hereby fixed as follows:
a. 
Markets and other retail food establishments:
Under 5,000 square feet of floor area: $50.
5,000 square feet to 10,000 square feet of floor area: $100.
Over 10,000 square feet of floor area: $200.
Up to 50 seating capacity: $30.
Over 50 seating capacity: $50.
b. 
Retail food establishment selling foods incidental to a different primary use:
1. 
Camps and other retail food establishments selling foods incidental to a different primary use: $30.
2. 
Swim clubs and other recreational facilities: $50.
c. 
Mobile retail food establishments: $5.
d. 
Temporary retail food establishments: $5.
The above fees may be waived by resolution of the board of health if the applicant is a nonprofit, charitable organization.
Licenses shall expire annually on December 31, and application for renewal thereof shall be submitted together with the required fee prior to December 1 of the year preceding the year for which renewal is sought.
A license or approval of a certificate, permit or license issued by another board of health is not transferable.
Any license issued under the terms and provisions of this section may be suspended or revoked by the board of health of the township for the violation by the licensee of any provision of this section or the Retail Food Establishment Code of New Jersey (1965) or whenever it appears that the business, trade, calling, profession or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey, or any ordinance of the township, or that the person conducting the retail food establishment is of an unfit character to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued.
A license issued under this section shall not be revoked, cancelled or suspended until a hearing thereon is held by the board of health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the license. At the hearing before the board of health the person aggrieved shall have an opportunity to answer and may thereafter be heard and upon due consideration and deliberation by the board of health, the complaint may be dismissed, or if the board of health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
If any license is revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the township unless the application for such license is approved by the board of health.
No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[1]
Editor's Note: Former section 4-4, Food and Beverage Vending Machines, previously codified herein, was repealed in its entirety by Ordinance No. 03-22.
It is the intent of this section to license and regulate quarries for the protection of persons and property and for the preservation of the public health, safety and welfare of the township and its inhabitants and to insure that quarrying operations shall be conducted in such manner as to create a minimum of annoyance from noise and dust to nearby owners or occupants of property, provide for the safety of persons, particularly children, and further to insure that the quarried area shall be suitably and reasonably rehabilitated after quarrying operations have been completed or otherwise terminated.
As used in this section:
a. 
QUARRY — Shall mean a place where stone shale or slate is excavated, crushed, washed, graded or otherwise processed.
b. 
QUARRYING — Shall mean those aspects of the business of conducting a quarry as relate directly to the excavation and processing of stone, shale and slate and the removal thereof from quarry premises.
c. 
OPERATOR — Shall mean any person engaged in and controlling the business of conducting a quarry.
d. 
RECLAMATION — Shall mean the reconditioning of the area of land affected by quarrying operations to restore same to a productive use after termination of quarrying operations consistent with the master plan adopted by the planning board of the township.
e. 
RECLAMATION PLAN — Shall mean a written proposal approved by the planning board of the township for reclamation of the area of land affected by quarrying operations, including land-use objectives, specifications for grading, manner and type of vegetations, and such maps and other supporting documents as may be required by the planning board.
It shall be unlawful for any person to conduct the business of quarrying within the township without first having obtained a license therefor in accordance with this section.
Applications for licenses required by this section shall be made upon forms provided by the township clerk and shall be signed and verified by the applicant, setting forth or accompanied by the following information.
a. 
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership; the name, date and state under which organized, if a corporation, and if a foreign corporation, whether the same is authorized to do business in the State of New Jersey (corporate applicant shall indicate the names of directors, principal officers and local representatives, their residences and business addresses).
b. 
A legal description of the premises where the business is to be conducted and a map of the premises prepared by an engineer or land surveyor licensed in the State of New Jersey showing the entire tract involved, all roads or buildings within 500 feet thereof, existing and proposed final contours of the land involved and adjoining lands, contours to be created by the quarrying operation at twenty-foot intervals, and all brooks, streams or bodies of water on the tract involved and within 500 feet therefrom.
c. 
Data relative to the ownership of the tract involved or any interest of the applicant, its officers, directors, or stockholders in adjoining property. In the event the applicant is not the owner, written consent of the owner must be furnished.
d. 
Plans and specifications indicating places where quarrying is to be conducted, all entrances or exits to the tract involved, fences, gates or buildings erected or to be erected, equipment used or to be used in the operation, and a narrative describing the method of operation.
e. 
The hours during which the quarry will be operated.
f. 
Certificates of insurance attached to the application evidencing liability insurance coverage in amounts of not less than $1,000,000 for personal injury, including death (for each person or each occurrence), and $300,000 for property damage.
Prior to approval of any application, a plan for reclamation of the site shall be submitted to the township clerk and referred to the planning board for report in accordance with the provisions of N.J.S.A. 40:55D-26. The planning board shall make its report within a period of 45 days after the referral. The reclamation plan shall, in addition to showing the ultimate plans therefor, indicate measures to be taken during the course of quarrying operations which will lead to reclamation of the site and shall include the following:
a. 
The date required under section 4-5.4b above.
b. 
Wherever practicable, provisions shall be made for grading of all slopes to a rolling topography not to exceed 45°. After the effective date of this ordinance, ultimate quarry faces sloped in excess of 45° shall be benched at heights not exceeding 50 feet to permit trimming of faces and removal of loose material. Adequate access ways shall be provided to all benches.
c. 
Where top soil has been removed, provisions shall be made for setting aside and retention on the premises sufficient arable soil to be distributed over the premises to a depth capable of supporting vegetation. Where final contours are of such slope as to make the replacement of top soil impractical, such slopes (except quarry faces in excess of 45°) shall be planted with rootable plant material in sufficient number and of sufficient size to minimize erosion.
d. 
Provisions shall be made for reasonable portions of initial or existing quarrying operations to be reclaimed prior to the opening of new areas. To the extent practicable, the reclamation plan shall make provisions for simultaneous quarrying and reclamation.
e. 
Provisions shall be made for adequate drainage during quarrying operations and after termination of same.
f. 
Provisions shall be made for lateral support slopes and grades abutting streets and lands during quarrying operations and after termination of same.
g. 
Provisions shall be made for the preservation of land values and uses of the quarry premises and surrounding areas after quarrying operations have been terminated.
h. 
Such other factors that may bear upon or relate to the coordinated, adjusted and harmonious physical development of the township.
i. 
The reclamation plan shall remain in effect until such time as quarrying operations are terminated. Nothing herein shall require that a reclamation plan be resubmitted annually; however, reclamation plans may be amended or revised from time to time as quarrying operations proceed.
j. 
Provisions shall be made for the completion of all reclamation within a period of one year after termination of quarrying operations.
k. 
An original reproducible copy of the reclamation plan and any amendments or revisions thereof shall be filed with the township clerk.
Prior to approval of any application for a license, the applicant shall submit a performance bond with adequate surety to assure reclamation of the site of operations pursuant to the provisions of subsection 4-5.5 above and in accordance with the following standards:
a. 
The form of the performance bond shall be subject to approval by the township attorney and shall be in such amount as may be approved by the township committee but in no event to exceed 1% of the highest annual gross sales of quarry material over the preceding six-year period.
b. 
The surety thereon shall be a recognized surety company authorized to do business in the State of New Jersey and approved by the township committee. In lieu of a corporate surety, the applicant may assign to the township a savings account in the amount of the bond as aforesaid and in such form as approved by the township attorney.
c. 
Periodic inspections shall be made by the quarry inspector to evaluate performance of the applicant with respect to reclamation procedures. A report of his findings shall be submitted from time to time to the township committee.
d. 
At the request of the applicant, the amount of the performance guarantee shall be adjusted annually provided the basis therefor is substantiated by said applicant.
e. 
The performance guarantee shall remain in full force and effect during the entire period that quarrying operations are conducted and until completion of reclamation after termination of same.
Each application shall be accompanied by a fee of $200 to be applied toward the cost of engineering examination of the application and the applicant shall further deposit the sum of $500 to be applied toward the cost of inspection as provided herein.
The office of quarry inspector is hereby created and established. The quarry inspector shall be appointed by the township committee for a term of one year expiring on December 31 for the year for which appointed and shall receive such compensation as the township committee shall fix by ordinance. The duties of the quarry inspector shall be to conduct a monthly inspection of the licensed premises in order to determine whether operations are being conducted in accordance with the application therefor and the terms and provisions of this section. The quarry inspector shall also submit written reports of such inspections from time to time and as may be required by the township committee. The quarry inspector is further designated as the enforcing officer of this section and shall investigate any and all alleged violations thereof.
a. 
Quarrying may be conducted only from Monday through Saturday between the hours of 6:00 a.m. and 6:30 p.m., prevailing time, except:
1. 
Quarrying shall not be conducted for a period in excess of nine gross hours per day; and
2. 
No quarrying shall be conducted on Sundays.
b. 
All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust control.
c. 
All roads or traveled rights of way within the licensed premises must be treated with calcium chloride or road oil in order to reduce the accumulation and dissemination of dust. Calcium chloride or road oil must be applied at least once every 10 days during the period May 1 to November 15 of each year.
d. 
No quarrying shall be permitted which will reduce the quarried area below the lowest grade of adjoining properties or roads, nor shall any quarrying be permitted which will endanger the lateral support of abutting properties. In the event quarrying or excavation should result in face slopes in excess of 45°, a minimum leveled (or natural) buffer area of 50 feet shall be provided between any quarry boundary line and the commencement of the slope.
e. 
In no case shall any quarry products, equipment or other materials be deposited or stored on any property, public or private, other than the licensed premises. No buildings, equipment, quarry products or other materials shall be erected or stored within a distance of 50 feet of any quarry boundary line.
f. 
A chain link fence of a minimum height of six feet shall be erected around the perimeter of the licensed premises and all means of ingress and egress shall be controlled by substantial gates of similar height, which gates shall be closed and securely locked when not in actual use. Reasonable variations of fence alignment may be made along the perimeter in order to accommodate existing natural features and terrain thereby making erection of the fence practicable within the boundary lines of the quarry premises.
g. 
(Reserved)
h. 
Signs shall be maintained at all entrances' or exits of the quarried premises indicating the name and address of the licensee and that the business being conducted is a licensed quarry operation.
i. 
Where conveyors discharge material of less than one inch in diameter onto stockpiles of such material, either of the following requirements shall be observed:
1. 
The free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall not exceed a distance of six feet.
2. 
Where the free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall exceed a distance of six feet, a high-pressure water mist spray shall be directed onto the material as if falls from the conveyor to the stockpile in such manner as to reduce the accumulation and dissemination of dust.
j. 
Wherever the licensed premises abuts a public street or road, a solid and continuous landscape screen shall be planted and maintained. The landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species of density as will provide a solid and continuous screen throughout the full course of the year.
k. 
All crushing and processing of quarry materials must be conducted by use of a wet method of dust control or by local exhaust systems of equivalent effectiveness.
All license applications shall be reviewed by the quarry inspector and certified as to whether or not they comply with the requirements of this section and, if so certified, the township committee shall approve the issuance of a license to operate the quarry described therein. Licenses shall expire on December 31 of each year and be renewed annually upon filing an application therefor in accordance with the standards outlined above. Initial licenses issued during a calendar year shall expire on December 31 of the same year. A quarry presently in operation may, upon filing an application for license as provided above, continue operation pending action upon said application by the township committee.
After 10 days' notice and an opportunity to be heard, the township committee may revoke or suspend any license issued under this section if it finds that the licensee is violating the terms or provisions hereof or of any applicable statute of the State of New Jersey.
This section shall be enforced by the quarry inspector, who shall investigate any violation of this section coming to his attention, whether by complaint or arising from his own personal knowledge. If a violation is found to exist, he shall serve a written notice by certified mail or personal service upon the owner or other party in charge of the licensed premises, which notice shall require the violation to be abated within a period of 10 days from the date of service thereof or within such lesser period of time as the quarry inspector shall deem reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. If such person fails to abate the violation within the time specified, the quarry inspector shall notify the township committee and prosecute a complaint to terminate the violation in municipal court.
For the purpose of this section, the terms used herein are defined as follows:
JUNK
Shall mean old or scrap copper, glass, brass, rags, batteries, paper, trash, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap, ferrous or nonferrous metals and any old, discarded or any waste material of any type and all other materials commonly or generally known as "junk" in the ordinary meaning of the word.
JUNKYARD
Shall mean a place where old metal, junk or material of any kind, including, but not by way of excluding, disabled vehicles either held or not held for sale in parts of as junk metal or materials, paper, glass, rags, bags or other old material is collected, bought, sold, stored or dealt in. Any place, establishment or land which is maintained, operated or used for storing, keeping, buying, selling or just leaving junk on said premises or for the maintenance or operation of an automobile graveyard is hereby defined as a "junkyard".
a. 
Where at the effective date of adoption of this section the lawful use of land as a junkyard exists that is made no longer permissible under the terms of chapter 16 of this code, such use may be continued as a nonconforming use so long as it remains otherwise lawful subject to the provisions of this section and provided further that the person who shall own, establish, operate or maintain any junkyard shall obtain a license for such junkyard from the governing body of the township.
b. 
Every applicant for a license engaged in such an existing business shall file with the township clerk a written application signed by the applicant or applicants and owner or owners of the premises upon which the junkyard is located, which application shall contain the following information:
1. 
The name and address of the applicant or applicants and if a firm or corporation, the names and addresses of the officers and the registered agent or partners.
2. 
The length of time said applicant or owner used the premises as a junkyard prior to filing the application.
3. 
A full description of the premises used as a junkyard and which is to be licensed including a metes and bounds description of the lands constituting the premises together with a description of any buildings and improvements thereon, and a sketch, diagram or map of the lands desired to be licensed.
4. 
A description of the type and size of any buildings to be maintained as a junkshop.
5. 
A description of materials to be purchased or sold or stored in any junkshop or in any junkyard.
6. 
A plan or survey of the premises used showing the existing and any proposed entrances or entranceways to the premises used as a junkyard and the names and addresses of all owners of real estate within a radius of 500 feet on each and every side of the premises occupied by the applicant.
c. 
The applicant shall at the time of filing such application for the initial license pay to the clerk of the township a license fee of $200.
d. 
The township clerk shall present any application together with the fee accompanying the same to the township committee at its next public meeting.
e. 
If the applicant is not the owner of the site where the business is being conducted, the owner's consent to the conduct of the business described in the application shall be endorsed in writing on the application or otherwise annexed thereto.
f. 
Any license granted by the township committee under this section shall expire on the December 31 of the year in which the license is granted. Thereafter the license may be renewed for a one-year period commencing January 1, by making application therefor to the clerk of the township not later than the first day of December and depositing with the township clerk the sum of $200 as payment of the annual license fee.
g. 
Each license holder shall post his license in a conspicuous place on the licensed premises.
h. 
Upon receipt of the application, the township clerk shall forward a copy of same to the township police department, which shall forthwith investigate the character and background of the applicant or, if the applicant is a legal entity, the character and background of the principals, partners, stockholders or any person holding a beneficial interest therein, or of a firm or limited partnership holding an interest in such entity. The investigation shall be concluded as soon as practicable and a written report thereof shall be transmitted to the township clerk by the police chief or such official as designated by the chief of police.
All junkyards which are lawfully operating in the township shall comply with the following regulations.
a. 
It shall be unlawful to stack, pile or place motor vehicles or any other junk or materials upon such premises in such a manner as to create a place for the harboring or breeding of mice, rats or other vermin, or to stack, pile or place junk higher than six feet.
b. 
All junkyards shall be completely obstructed from the view of every and all adjoining landowners and from any and every public street. Unless a junkyard is so located whereby there is such natural environmental obstruction that obstructs the view of the junkyard from all and every adjoining landowner and every and all public streets, every junkyard and places where junk is stored shall be enclosed completely on all sides by a fence at least 10 feet high and of a type and construction as shall be approved by the building subcode official of the township. There shall be no advertisement allowed or any description or writing on the fence except the name of the business, if any, and the writing shall not exceed an area of six square feet. The fence shall be kept in good repair at all times and shall have no openings through which persons or animals may enter, except for doors or gates necessary for ingress and egress to the junkyard, which doors or gates shall be kept closed at all times except when actually needed for ingress or egress. The doors or gates herein described shall not exceed 15 feet in width, and there shall be no more than two such openings.
Each entrance and exit to the licensed premises shall be well marked as such by appropriate signs, and automobiles shall be allowed to enter and leave the licensed premises only at established entrances and exits respectively. The purposes of the provisions of this paragraph are to prevent cars from promiscuously or surreptitiously entering and leaving the licensed premises, thus preventing interference with traffic upon adjacent public highways and lessening the likelihood of accidents and injuries, and to permit observation of the licensee's operation by those municipal officials who are charged hereunder. No damaged or disabled vehicle, junk or salvage materials shall be parked, stored or placed outside the limits of the fence. The fence shall be constructed by each licensee within six months from the date of adoption of this section and shall otherwise comply with all zoning requirements respecting setbacks and side yard requirements for structures.
c. 
Burning is hereby prohibited.
d. 
No junk or rubbish or salvage material of any type shall be maintained outside the enclosure surrounding any junkyard, nor outside of any junkshop.
e. 
It shall be unlawful to hammer or pound any metal or other materials on said premises between the hours of 7:00 p.m. and 7:00 a.m. from Mondays to Saturdays inclusive, or at any time on Sundays.
f. 
No license issued pursuant to the terms of this section shall entitle any licensee to operate under license at, in or on any lot, building, dwelling or location or any part thereof other than that specified in the license, and no license shall be assignable or transferable to any other person or party whatsoever.
g. 
No materials of an explosive nature shall be maintained or demolished on any premises.
h. 
No materials shall be kept or maintained on any premises, lands or locations which shall be of such odorous nature as to be offensive to adjoining landowners and property owners or other inhabitants in the area of the licensed premises.
i. 
The licensee shall maintain sufficient fire extinguishers on the licensed premises at all times, and shall also establish fire protection according to standards of applicable codes.
j. 
No part of any junkyard or junkshop shall be located within 200 feet from any private residence not owned by the applicant, or from any church or school.
k. 
No licensee shall purchase any junk or junk related material from minors.
No flammable materials shall be stored unless the fire chief of the township is notified of the presence of such materials and such materials shall be stored in such manner as the fire chief may require for the purpose of eliminating fire hazards. All gasoline must be removed from gas tanks of wrecked automobiles brought upon the premises within a period of one hour from receipt of same.
Each licensee shall provide a quarterly report to the chief of police detailing the year, model and serial number of each motor vehicle acquired by the licensee during the previous three-month period. Such reports shall be based upon the quarters of January through March, April through June, July through September and October through December. These reports shall be received by the chief of police by the 15th calendar day of the first-month of the succeeding quarter.
The junkyard shall have, within the enclosure, adequate space for parking, off the public streets, of all motor trucks and trailers and other motor vehicles owned by the proprietor, or under his control, that are used in the operation of the business.
The junkyard shall have within the enclosure adequate accessible space for the accommodation, off public streets, of all motor trucks and trailers of others at the yard while engaged in bringing junk to the yard or carting it therefrom.
The junkyard proprietor shall not place, or permit others to place, any junk outside the enclosure.
a. 
The township by issuing said license reserves the right to refuse the renewal of any existing license upon a finding by the township committee that the operation of said junkyard at the premises used for such purpose is detrimental to the health, safety and general welfare of the public. The granting of a license under this section shall not be construed for any purpose as permission to the licensee to maintain any condition which would constitute a public or private nuisance or maintain any condition which would violate the regulations propounded in this section. Should the township determine on the hearing of the application for renewal of the existing license that there is probable cause for refusing to renew said license, the township clerk is to immediately notify the applicant that the township will hold a hearing on whether or not said license should be renewed. Such notification should inform the applicant of the time and date and the place of the hearing, which hearing shall be held within not less than 10 nor more than 20 days from the date of service of such notice. The applicant shall then have an opportunity to be heard on the issue of whether or not said license should be renewed. The township clerk shall also notify all property owners within 500 feet of the subject junkyard of the time and place and date of the hearing. All of the notices shall be sent by certified mail, return receipt requested.
b. 
The township committee may authorize a temporary permit for such licensee until the hearing has been completed and a determination made so that the business of a licensee may not be suspended or interfered with unreasonably by filing of any written objections.
a. 
The township committee may revoke any license granted at any time during the period for which the license was issued on the township committee's own action or on the objection of any taxpayer or inhabitant of the township upon any violation of the provisions of this section, after a hearing provided to the licensee following complaint in writing and at least 10 days' notice to the licensee setting forth the grounds of complaint.
b. 
The licensed premises shall be open to inspection by the building subcode official and zoning officer of the township police department and the board of health of the township at any reasonable time of day or night.
All licensed premises shall be at all times subject to such rules and regulations as may hereafter be made by the township committee and shall be subject to inspection by the building subcode official, and zoning officer, police department and the board of health or any of their agents. The building subcode official and zoning officer of the township and the board of health of the township shall have the responsibility of administering this section and making all complaints under this section.
There shall be no refund to a licensee of any of the license fees upon either the surrender or the revocation of a license granted hereunder.
All penalties imposed under this code for violations thereof shall be independent of one another, and the township shall have the option of whether to prosecute a violation in the municipal court of the township or whether to move for revocation of the licensee's license, or both.
Raffles, as defined and set forth in N.J.S.A. 5:8-50 et seq., shall be legal within the Township of Warren provided that the same are operated in accordance with the provisions of said statute as the same may be supplemented and amended from time to time. The provisions of N.J.S.A. 5:8-69 (adoption by voters) have been complied with.
An applicant desiring to conduct a raffle within the Township of Warren shall file a written application with the Township Clerk in the form prescribed by N.J.S.A. 5:8-52 (as set forth in N.J.A.C. 13:47-1.1 et seq.).
The township committee authorizes and delegates the authority to issue raffle licenses to the township clerk. The township clerk shall cause an investigation to be conducted of the qualifications of each applicant for a raffles license in accordance with the provisions of N.J.S.A. 5:8-53 and the provisions of N.J.A.C. 13:47-1.1 et seq. If the applicant is found to be qualified for the license, the same will be issued by the township clerk pursuant to N.J.S.A. 5:8-53 and the provisions of N.J.A.C. 13:47-1.1 et seq. In accordance with the provisions of N.J.A.C. 13:47-4.10, all qualified organizations (as defined in N.J.S.A. 5:8-51 and N.J.A.C. 13:47-1.1) to be issued a raffles license shall be exempt from payment of any municipal licensing fee. However, nothing in this subsection shall be construed as exempting such organizations from payment of any fee due the New Jersey Division of Consumer Affairs, Legalized Games of Chance Control Commission, as set forth in N.J.S.A. 5:8-53 and N.J.A.C. 13:47-4.9 as the same may be amended and supplemented from time to time.
All matters of any nature whatsoever pertaining to the use of a raffles license issued hereunder or any other matter whatsoever related to the said license shall be governed and controlled by the provisions of N.J.S.A. 5:8-50 et seq., as amended from time to time and this subsection incorporates the provisions of that statute herein as if the same were set forth at length.
The township clerk shall have the authority to issue raffles licenses for the holding, operating and conducting of raffles on Sundays, subject to any special provisions made applicable thereto and also subject to compliance with the provisions hereof.
Any person, association or corporation violating the provisions hereof shall be a disorderly person and be subject to the provisions of N.J.S.A. 5:8-50.
It shall be unlawful for any person to hold, conduct or take part in any parade, procession, meeting, benefit walks, runs, races, events utilizing any public street, concerts or similar activity through, in or upon any public street unless he shall first have obtained a permit for same in accordance with the requirements of this section.
An application for a permit required by this section shall be made upon forms provided by the township clerk and shall be signed and verified by the applicant, setting forth or accompanied by the following information:
a. 
The name and address of the applicant if an individual; the name, residence and business address of each partner if a partnership; the name, date and state under which organized if a corporation, and, if a foreign corporation, whether the same is authorized to do business in the State of New Jersey. A corporate applicant shall indicate the names of directors, principal officers and local representatives, their residence and business addresses.
b. 
The day, time and location of the proposed function.
c. 
Data relative to the route to be traveled.
d. 
The hours when the event will start and end.
e. 
The expected number of persons who will constitute or partake in the event. If animals will be included in the public assembly, then identify the type, number, domestic or wild and modes of restraint. If vehicles, then identify the number and license plate identification of each.
f. 
A signed indemnification and hold harmless agreement in a form satisfactory to the township attorney.
g. 
A certificate of insurance with the township, the Warren Police Department, its elected officials, employees and agents listed as additional insureds. The certification of insurance for the public assembly shall have a minimum of $1,000,000 combined single limit for bodily injury and property damage as well as automobile public liability (if applicable) and property damage insurance with a minimum of $500,000 for property damage. The insurance policy may not be canceled or materially altered without written consent of the township. This requirement can be waived by the township administrator for governmental, school or not-for-profit entities at his discretion.
h. 
Any additional information that the chief of police may reasonably require to aid in his review of the permit application.
Each application shall be accompanied by a fee in the amount of $50 payable to the order of the township. This fee can be waived by the township administrator for governmental, school or not for profit entities at his discretion.
Each application shall be filed with the township clerk, who shall refer the application to the chief of police for review. The chief of police shall issue a permit after he determines one or all of the following: (1) that there will be no unreasonable inconvenience to the public in the lawful use of any public street or public place; (2) that the activity will not create, cause or encourage any public disorder or disturbance; (3) that the activity will not limit in any manner police officers in the exercise of their duties to regulate traffic generally and to maintain peace and order; (4) that the event will not require the diversion of so great a number of police officers as to prevent normal police protection of the township; and (5) that the health and/or safety of the public at large or any particular person or entity is not otherwise unreasonably affected by the event.
The chief of police shall notify the applicant in writing within 14 calendar days from the date the application is transmitted to him by the township clerk of the result of his review. If the application is denied, then a brief statement of the reasons for denial shall be supplied. If approved, the chief of police shall transmit a copy of the approved permit to the township administrator and clerk. The chief of police shall not issue a permit for an event that coincides within 48 hours of the expiration of another event. No permit shall issue for two events on the same date.
Any person, firm or corporation that shall be convicted of a violation of any provision of this section shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be subject to a fine not exceeding $500 or imprisonment for a term not to exceed 30 days or community service not to exceed 90 days. Each day that such violation exists shall constitute a separate offense.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 77-2 and 93-5.
The governing body of the Township of Warren (hereinafter referred to as the "township") determined that CSC TKR, Inc. d/b/a/ Cablevision of Raritan Valley (hereinafter referred to as "the company" or "Cablevision"), or its predecessor, had the technical competence and general fitness to operate a cable television system in the township, and by prior ordinance granted its municipal consent to obtain a nonexclusive franchise for the placement of facilities and the establishment of a cable television system in the township.
By application for renewal consent filed with the township and the office of cable television on or about December 12, 2001, Cablevision has sought a renewal of the franchise; and
Cablevision's municipal consent from township expired on August 12, 2002 and since that time the company has provided service under temporary authority pursuant to N.J.S.A. 485A-25.
The township having held public hearings has made due inquiry to review Cablevision's performance under the franchise, and to identify the township's future cable-related needs and interests and has concluded that Cablevision has substantially complied with its obligations under the franchise and has committed to certain undertakings responsive to the township's future cable-related needs and interests; and
The governing body of the township has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided Cablevision's proposal for renewal embodies the commitments set forth below, the township's municipal consent to the renewal of the franchise should be given.
For the purpose of this section the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:
ACT or CABLE TELEVISION ACT
Shall mean that statute of the State of New Jersey relating to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.
ADVISORY COMMITTEE
Shall mean the Warren Township Cable Television Advisory Committee.
APPLICATION
Shall mean Cablevision's application for renewal of municipal consent, which application is on file in the township's office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this section.
BOARD
Shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.
COMPANY
Shall mean CSC TKR, Inc. ("Cablevision") the grantee or rights under this section.
FCC
Shall mean the Federal Communications Commission.
FEDERAL ACT
Shall mean the federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.
FEDERAL REGULATIONS
Shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.
OCTV
Shall mean the New Jersey Board of Public Utilities, Office of Cable Television, or its successor agency.
STATE
Shall mean the State of New Jersey.
STATE REGULATIONS
Shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
TOWNSHIP
Shall mean the governing body of the Township of Warren in the County of Somerset, and the State of New Jersey.
A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of Cablevision to receive this consent, the township hereby finds Cablevision possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Cablevision's operating and construction arrangements are adequate and feasible.
The township hereby grants to Cablevision its nonexclusive consent to place in, upon, along, across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the township of a cable television system, and for the provision of any communication service over such system as may be authorized by federal or state regulatory agencies. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities. The consent is subject to the provisions of this section, and further subject to the written acceptance by the Company of all of its terms. In the event the Company violates any provision of this section the township will give it notice of such violation and allow the Company a reasonable period of time to cure the violation. In the event the Company does not cure the violation in a timely manner, the matter will be referred to OCTV for appropriate action.
This consent granted herein shall be nonexclusive and shall be for a term of five years and six months from the date of adoption of this section.[1]
[1]
Editor's Note: Ordinance No. 04-34 codified herein as section 4-9 was adopted December 16, 2004.
The need of the township and the public to minimize interruptions in street and sidewalk traffic and public and private business, to avoid congestion, environmental degradation, undue cost, inconvenience, reduction in property values, private interests and the like, frustration or burdening of township planning for future utility installations and operations, maintenance of current utilities and general planning for development by the township, shall be respected by the company and the company will notify the township, upon request, of the location of its aforesaid underground cable television conductors and fixtures before their installation to the fullest extent reasonable. The company shall make available for township review, accurate plans showing the locations of cable television system facilities in the township's public rights-of-way, exclusive of subscriber drops. Periodically, upon request, but no more frequently than one time per year, the township may request updated maps identifying all new cable television system installations in the township's public rights-of-way, exclusive of subscriber drops.
If Cablevision seeks successive consent, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A. 48:5A-16, and applicable state and federal rules and regulations. The company shall also petition the board for approval authorizing continued operation during the period following expiration of the consent granted herein, and until such a time that a decision is made by the township and the board relative to the renewal of said consent.
The consent granted under this section to Cablevision shall apply to the entirety of the township and any property hereafter annexed.
Cablevision shall be required to proffer cable television service along any public right-of-way to any person's residence or business within the portion of the franchise territory, as described in the application for municipal consent, at tariffed rates for standard or nonstandard installation. Such area shall constitute the primary service area.
Cablevision shall extend service along any public right-of-way outside its primary service area to those residences within the franchise territory which are located in areas that have a residential density of 25 homes per mile or greater, or areas with less than 25 homes per mile where residents agree to share the costs of such extension in accordance with the line extension formula as provided by the company in Exhibit A[1] of this section.
[1]
Editor's Note: The exhibit referred to herein may be found at the end of this section.
Pursuant to the terms and conditions of the Act, N.J.S.A. 48:5A-30, Cablevision shall, during each year of operation under the renewal of municipal consent granted herein, pay to the township a sum equal to 2% of the gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the township. In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the township and Cablevision shall negotiate in good faith with respect to the amount thereof.
Cablevision shall, upon request, provide free of charge, one standard installation and basic monthly cable television reception service to all state or locally accredited elementary and secondary public schools and all municipal public libraries, as well as municipally owned buildings located within the township as set forth in Exhibit B[1] to this section.
[1]
Editor's Note: The exhibit referred to herein may be found at the end of this section.
The foregoing consent is and at all times shall be subject to full and complete compliance with the applicable Township Zoning Ordinance, Land Subdivision Ordinance, all other township ordinances and regulations, and all rules, regulations and laws of the township as to all aspects of location, operation, and maintenance of microwave or other receivers or transmitters, studio facilities, mobile equipment and vehicles, and other facilities, equipment, apparatus and the like incidental to the origination of programming, the sending or receiving of signals, and offices, storage, power sources, power plan and the like, except to the extent such ordinances, resolutions, rules, regulations and laws have been preempted.
With the exception of the grant of consent provided in subsection 4-9.4, other easement, right-of-way, title in fee, leasehold, or other interest in real estate, nor any other interest in property of the township, is hereby granted to the company.
Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable state and federal law. The company shall be subject to the following additional construction requirements with respect to the installation of its plant and facilities in the township:
a. 
Restoration. In the event that the Company shall from time to time disturb any public or private pavement, street surfaces, curbs, gutters, sidewalks, driveways, above or below ground utilities, lines, fixtures, equipment or other facilities, the company shall it its sole expense reasonably restore and replace such places and things so disturbed to and in not less than as good a condition as existed prior to such disturbance. In doing so, the company shall comply with all then applicable ordinances, resolutions, laws, rulings and regulations. All restoration shall be completed within 30 working days of the disturbance requiring the same.
b. 
Relocation. If at any time during the period of this consent, the Township shall alter or change the grade of any public street, alley, walkway, or other way or place, including any public water or sewer facility, or other utility facility, the Company, upon reasonable notice by the township shall remove, relay or relocate its equipment, at its own expense.
c. 
Temporary Removal of Cables. Upon request of a person holding a building or moving permit issued by the township, the company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the company by the person requesting the same. In such cases, the company shall be given not less than 14 days' prior written notice in order to arrange for the chances required.
d. 
Grounding. Grounding and installation shall be performed in accordance with all applicable technical and safety codes, regulations and requirements.
e. 
Line Installation. Upon request and where reasonable and economically and commercially practicable for the company to do so, Cablevision will share all common main trenches and drop trenches to individual structures with utility companies for the installation of its transmission wires. This provision shall in no way require Cablevision to share such trenches with any other company providing any service in competition with that of the company or its affiliates.
f. 
Disturbance to Trees and Shrubs. During the exercise of its rights and privileges under this consent, the company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the township so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's facilities.
g. 
Underground Lines. To the extent required by the generally applicable laws, rules or regulations of the township regarding identification of underground facilities, the company shall respond, when requested, to mark out underground lines within 48 hours of receipt of a written request, unless such time period is not reasonably possible, in which case the company shall provide a date certain not to exceed seven business days from the request.
h. 
Prior to any construction or installation by the company in the township's roads or rights-of-way that requires a permit, Cablevision shall not commence such work until it has applied for and received all necessary permits.
i. 
In accordance with any generally applicable local law or regulation in the township, all construction and installation performed by the company in the municipality's roads or rights-of-way shall be subject to inspection and approval by the township engineer.
Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable federal and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters, including the drop off and pick up of converters. Said office shall be open daily during normal business hours, and in no event less than 9:30 a.m. to 4:30 p.m., Monday through Friday, and 10:00 a.m. to 12:00 noon on Saturdays, with the exception of holidays. Cablevision will maintain a local telephone or toll-free number equipped to receive all complaints regarding billing, equipment, and installation matters.
The township clerk is hereby designed as the complaint officer for the township pursuant to provisions of N.J.S.A. 48:5A-26. Upon receipt of a written complaint, the township clerk shall serve a copy of such a complaint upon the company, and the company shall within 30 days of its written receipt of such complaint, file with the complaint officer a written report of such action as may have been taken by the company, or such action as shall be taken by the company in regard to such complaint. The complaint officer will forward a letter to the customer within 10 days of the receipt of the company's response indicating the disposition or status of this complaint. Complaints shall be without prejudice to the right of any party to file a petition pursuant to N.J.S.A. 48:5A-1 et seq., to institute formal proceedings.
There is hereby established a cable television advisory committee which shall continue the process of municipal fact finding that took place prior to the renewal of the company's municipal consent. The members of the advisory committee shall be township residents and shall be appointed by the township committee to serve at the pleasure of the township. The size of the advisory committee shall be within the discretion of the township. The advisory committee shall have the following responsibilities:
a. 
To access on an ongoing basis the future cable-related community needs and interests of the township.
b. 
To review on an ongoing basis the present and past performance of the company.
c. 
To advise the township on how to best utilize the pubic access programming available to the community.
d. 
To ascertain the opinions and desires of township residents and subscribers on all aspects of the cable television system.
e. 
To serve as liaison on cable television matters between the township and its schools, on the one hand, and the company on the other hand.
f. 
To specifically review reports of incoming call response time (time customer is on hold) by the company through review of OCTV records. If additional information is necessary to complete such review, the advisory committee may request additional information from the company.
g. 
To the extent permitted under applicable law, including laws related to the privacy of customers and their personal information, to review the customer reports of customer complaints that are maintained by the company.
h. 
To provide such other advice as requested by the township.
a. 
The company shall make representatives available to meet on a semi-annual basis with the advisory committee and the complaint officer, for the purpose of reviewing the company's performance. The company representatives will fully respond to the reasonable requests for information made by the advisory committee, provided such request is reasonably related to the operation of the cable television system in the township for the provision of cable television service, and excluding confidential information and information deemed subscriber personal information under the Federal Act or state regulations. Either party shall have the right to request that the OCTV have a representative appear at the said meeting. The OCTV shall decide whether to attend such meeting or not.
b. 
The company shall reimburse the township for required public hearing expenses to the extent required by N.J.S.A. 48:5A-26(f).
Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the township as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of:
a. 
$1,000,000 for bodily injury or death to one person.
b. 
$1,000,000 for bodily injury or death resulting from any one accident or occurrence.
c. 
$1,000,000 for property damage resulting from any one accident.
d. 
$1,000,000 "umbrella" excess liability coverage for both bodily injury and property damage for each occurrence and in the aggregate.
The company shall assure that no such policy identified herein shall be canceled without a minimum of 30 days' notice to the township, or greater notice if required by regulations of the New Jersey Department of Insurance.
With the exception of any claims, loss or liability created by the negligent acts of the township or its representatives, employees, or agents, the company shall indemnify, hold and save the township harmless, and defend the township against every claim, loss (including the reimbursement of reasonable legal fees and court costs related thereto), and liability of every kind, arising in any way from:
a. 
The grant of this municipal consent.
b. 
The construction, operation and/or maintenance of the cable television system and/or incidental fixtures or facilities within or without the township by the company related to the company's operation of the cable television system in the township.
c. 
Any act or omission of the company or any of its officers, directors, employees, agents, contractors, suppliers, or affiliates related to the company's operation of the cable television system within the township.
The company shall not be required to indemnify the township for any programming provided or produced under the direction of the township on any PEG access channel.
a. 
To secure the faithful performance by the company of all of its obligations under the terms of this section, Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Agreement, a bond to the township in the amount of $25,000. Such bond shall be to insure the faithful performance of its obligations as provided in this section.
b. 
Notwithstanding Section 14(a), in addition to the bond, the company specifically agrees that it will respond, either directly or through a subcontractor, within 48 hours of a written complaint from the township that restoration or repair of a road or township right-of-way is necessary. In the event that the company fails to respond timely and make the necessary repair or restoration, the township may, in its discretion, consider such failure or breach of this section and the company's certificate of approval and may recommend to the board that the board take action against the company, including, but not limited to ordering the repair or restoration, fines and such other action as the board deems appropriate.
a. 
To the extent permitted by federal and state law, the rates of the company for cable television services shall be subject to regulation. The company shall comply with N.J.A.C. 14:18-3.16, as supplemented and amended, in notifying the township and subscribers within the township of rate increases.
b. 
Cablevision shall implement a senior citizen discount in the amount of 10% off the monthly rate of the broadcast basic level of cable television reception service to any person 62 years of age or older who subscribes to the company's cable television service, subject to the following:
1. 
Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than 62 years of age or older; and,
2. 
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,
3. 
The senior discount herein relates only to the broadcast basic level of cable television service, and shall not apply to any additional service, feature, or equipment offered by the company, including any premium channel services and pay-per-view services; and,
4. 
Senior citizens who subscribe to a level of cable television service beyond expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount.
Cablevision shall be required to have the capability to override the audio portion of the cable television system in order to permit the broadcasting of emergency messages by the township pursuant to state and federal requirements. The company shall in no way be held liable for any injury suffered by the township or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein. The township shall utilize the state-approved procedures for such emergency uses.
In the event that another multi-channel video program provider's service within the township creates a significant competitive disadvantage to Cablevision, the company shall have the right to request from the township lawful amendments to its franchise that relieve it of burdens which create the unfair competitive situation. Should the company seek such amendments to its franchise, the parties agree to negotiate in good-faith appropriate to the franchise in order to relieve the company of such competitive disadvantages. If the parties can reach an agreement on such terms, the township agrees to support the company's petition to the board for modification of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the township acknowledges that the company shall have the right to petition the board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the township shall be under no obligation to support Cablevision's request for such relief from the board.
Cablevision represents and acknowledges that as of the date of its acceptance of this municipal consent, competition within the township has not risen to the level of creating a significant competitive disadvantage sufficient to enable the company to seek relief under this section.
Upon expiration, termination or revocation of this section, Cablevision at its sole cost and expense and upon direction of the board, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein and restore such property, unless Cablevision, its affiliated entities or assignees should, within six months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.
a. 
Cablevision shall continue to make available noncommercial public, educational and governmental (PEG) access as described in the application for municipal consent.
b. 
The company shall designate one composite PEG access channel, which may be used by the township and its subscribers for presentation of noncommercial PEG programming. In the event that the PEG channel designated by Cablevision is in use by the township with the cablecasting of "locally produced original PEG programming" during at least 50% of the time, between the hours of 12:00 noon and 7:00 p.m., during any consecutive twelve-week period during the term of this consent, then Cablevision shall designate a second PEG access channel on its system. Except during the months of July and August when schools are generally on summer recess, if the usage ratio of the second PEG channel should at anytime fall below 50% based upon the formula described herein, use of the second designated PEG access channel shall revert back to the company upon 60 days' advance written notice to the township. For purposes of this subsection, "locally produced original PEG programming" shall mean programming produced by the township and its Cablevision subscribers, and the governmental agencies, schools and/or school districts within the township, but excluding programming consisting of character generated messages and/or repeat programming.
c. 
The township agrees that Cablevision shall retain the right to use the second PEG access channel in the event that the township ceases to utilize that channel for purposes of providing PEG access programming. In the event that the company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the company's rights with respect to using the channel for non-PEG programming shall be subordinate to the township's provision of PEG access programming on such channel.
d. 
In consideration for the rights granted by this section, Cablevision shall provide the township with a one-time grant of $10,000, which shall be used by the township, at its discretion for any cable or telecommunications related purpose that it deems appropriate. The company shall make this payment within 90 days following the issuance of a certificate of approval by the board.
Upon 90 days prior written request from the township, Cablevision shall include in its monthly billing statement to all cable television customers in the municipality a message indicating the availability of the township's online cable television satisfaction survey. The company may only be required to provide the bill message one-time annually and shall not be responsible for any costs associated with the survey, including the development and distribution of the survey or the tabulation of its results.
All of the commitments contained in the application and any amendment thereto submitted in writing to the township by the company except as modified herein, are binding upon Cablevision as terms and conditions of this consent. The application and any other written amendments thereto submitted by Cablevision in connection with this consent are incorporated in this section by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this section, or to the extent that they conflict with state or federal law.
This consent shall be construed in a manner consistent with all applicable federal, state and local laws. In the event applicable law shall, during the term hereof, modify any provision of this section, the section shall be automatically modified to incorporate the change.
In any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.
The captions and titles assigned to the section are for convenience and reference only, and are in no way to be construed as defining, limiting or modifying the scope or intent of the various of this consent.
This section shall take effect upon issuance of a certificate of approval as issued by the board.
Exhibit A
Office of Cable Television Line Extension Policy
(Subsection 4-9.10)
A Cable operator is required to absorb the cost of extensions to the system in the same proportion that the extension is to the remainder of the system.
Actual subscribers serviced by the extension are required to absorb the remainder of the cost.
If new subscribers are added to the extension the cost is adjusted and those who previously paid receive an appropriate rebate.
1
# of homes in extension
mileage of extension
=
homes per mile (HPM) of extension
2.
HPM of extension
Minimum HPM that company actually constructs in the system[1]
=
ratio of the density of the extension to the minimum density which the company constructs in the system or "A"
3.
Total cost of building the extension times "A"
=
company's share of the extension cost
4.
Total cost of building extension less company's share of extension cost
=
total amount to be recovered from subscribers
5.
Total amount to be recovered from subs
Total subscribers in extension
=
each subscriber's share
In any case, the company shall extend its plant along public rights of way to:
1.
All residences and businesses within 150 aerial feet of the operator's existing plant at no cost beyond the normal installation rate.
2.
All residence and businesses within 100 underground feet of the operator's plant at no cost beyond the normal installation rate.
The operator's installation policies shall apply to construction beyond the public right of way.
Detailed accounting and/or financial information to support the minimum HPM shall be supplied to the Office for its approval in such form as required. The minimum HPM shall be updated as appropriate.
When a request for service is received, and unless good cause is shown, cable companies shall:
1.
Provide a written estimate within 30 days of such a request.
2.
Begin construction within 60 days of receipt of any deposit monies from potential subscribers.
3.
Complete construction within six months of receipt of any deposit monies from potential subscribers.
4.
Inform each home passed along the extension of the potential costs for subscribers.
Subscribers who pay for an extension shall be entitled to rebates in the following manner:
1.
If the company acquires new subscribers subsequent to the initial calculation of step 5 above, the formula will be adjusted and those who have previously paid for the extension will be entitled to an appropriate rebate. In no event shall the amount of the rebate exceed the subscriber's contribution.
2.
The company shall keep accurate records of the cost of the extension, the amounts paid by subscribers and any appropriate adjustments.
3.
The company shall notify subscribers in the extension of their rights and responsibilities concerning the extension.
4.
Once an individual dwelling has paid its share of the extension cost future reconnections or installations shall be made at the company's standard rates.
5.
After a period of five years from the installation of the first dwelling unit in the extension no further adjustments shall be made. Installations after five years shall be at the company's standard rate.
6.
Once a subscriber is installed, that person shall not normally be entitled to a refund of any monies paid for the installations, except in accordance with the rebate procedure outlined in this policy.
DEFINITIONS
PRIMARY SERVICE AREA —
The Primary Service Area (PSA) can be an entire municipality but in many instances the PSA is a limited area within a community outside of which a line extension policy may apply. The PSA is depicted by a franchise map as set forth in the municipal consent application filed with the municipality. It normally remains a fixed geographic area throughout the life of the franchise.
Line Extension Survey
Potential subscribers residing outside the PSA who would request service are entitled to an estimate of their share of the cost to secure service. When conducting a survey and estimating costs, a cable company should factor-in all potential subscribers who could practicably be included in the extension and give consideration to apparent residential construction in areas contiguous to the proposed extension.
Exhibit B
STATE OR LOCALLY ACCREDITED
ELEMENTARY AND SECONDARY PUBLIC SCHOOLS
(Subsection 4-9.12)
A. L. Tomaso School
46 Washington Valley Road
Warren, New Jersey 07059
Central School
109 Mount Bethel Road
Warren, New Jersey 07059
Middle School
100 Old Stirling Road
Warren, New Jersey 07059
Mount Horeb School
80 Mount Horeb Road
Warren, New Jersey 07059
Warren Township Board of Education
213 Mount Horeb Road
Warren, New Jersey 07059
Watchung Hills Regional High School (North Bldg.)
108 Stirling Road
Warren, New Jersey 07059
Watchung Hills Regional High School (South Bldg.)
108 Stirling Road
Warren, New Jersey 07059
PUBLIC LIBRARIES
Warren Township Library
42 Mountain Boulevard
Warren, New Jersey 07059
MUNICIPALLY OWNED BUILDINGS
LOCATED WITHIN THE TOWNSHIP
Coddington Property
15 Mount Horeb Road
Warren, New Jersey 07059
Community Volunteer Fire Company
14 Community Place
Warren, New Jersey 07059
Kirch Ford House
3 Reinman Road
Warren, New Jersey 07059
Mount Bethel Fire House
128 Mount Bethel Road
Warren, New Jersey 07059
Mount Bethel Meeting House
235 Mountain View Road
Warren, New Jersey 07059
Mount Horeb Fire House
17-19 Elm Avenue
Warren, New Jersey 07059
Wagner Farm Open Space Office
195 Mountain Avenue
Warren, New Jersey 07059
Warren Public Schools Maintenance
94 Mountain Avenue
Warren, New Jersey 07059
Warren Township Municipal Building
46 Mountain Avenue
Warren, New Jersey 07059
Warren Township Rescue Squad
6 Bardy Road
Warren, New Jersey 07059
Washington Valley Fire Company
146 Washington Valley Road
Warren, New Jersey 07059
[1]
The minimum HPM that the company actually constructs in the system or municipality is the minimum number of homes which the company has historically constructed at its own cost. This is a function of the operator's break-even point and its rate of return. Unbuilt systems will use the primary service area rather than construction.
It shall be unlawful for any person to conduct a public auction or flea market in the township without first having procured a permit from the township clerk and complying with all requirements of this section.
Each application shall be accompanied by a fee in the amount of $100 payable to the order of the Township of Warren.
Each applicant shall file an application with the township clerk on forms provided by the township and shall contain the following information:
a. 
Name and address of applicant.
b. 
General description of applicant (nature of organization).
c. 
A description of the premises upon which auction or flea market is to be held and of improvements thereon. A sketch or diagram shall be attached to the application showing roads within a 500-foot area of the premises in question; approximate location of improvements, occupancy limits for each building to be occupied, available sanitary facilities, and area available for parking.
d. 
Approximation of number of patrons and number of vehicles per day.
e. 
Proposed entrances and exits to and from the premises in question and plans, if any, for traffic control.
f. 
If food is to be served, location and description of facilities to provide same.
g. 
Dates and hours during which activities are to be conducted.
a. 
To qualify for a permit, an activity regulated hereunder must comply with all zoning requirements and all other local, state and federal requirements. All applications shall be referred to the construction official, fire subcode official and zoning officer for review and approval. Applications for permits reviewed hereunder shall be granted or denied within a period of 10 working days from date of submission.
b. 
All activities to be conducted shall be so conducted as not to create unnecessary traffic congestion or any other safety risks to persons or property. All applications shall be referred to the chief of police for review and approval.
c. 
No food shall be served at the premises in question unless proposals for same have been reviewed and approved by the health officer. Approved sanitary facilities shall be provided.
d. 
Activities requested hereunder may be conducted between the following hours:
1. 
Flea Markets and Auctions (outdoors) 8:00 a.m. to 9:00 p.m.
2. 
Flea Markets and Auctions (indoors) - 8:00 a.m. to 11:00 p.m.
e. 
No activity regulated hereunder shall be conducted through the use of any mechanical noise devices, amplified sound device or any other noise making device causing an annoyance to residents in the area.
f. 
No activity regulated hereunder shall be conducted in such manner as to create a public or private nuisance.
After five days' notice and an opportunity to be heard, the township committee may revoke any permit issued under this section if it finds that the permittee is violating the terms or provisions hereof or of any applicable local, State or Federal requirement. A shorter period of notice may be given in the event the public health or safety would so indicate.
This section shall not apply to garage sales or liquidation sales in which personal property used upon the premises are sold through auction provided no additional personal property is brought on to the premises for sale in the auction from outside sources.
This section shall be enforced by any police officer or other officer or representative of any agency indicated in subsection 4-10.4 hereof. If a violation is found to exist, the enforcing officer shall serve a written notice on the permittee by certified mail or personal service or on any representative of the permittee, which notice shall require that the violation be abated within a period of five days from the date of service (or such shorter period as the public health, safety, or general welfare would indicate). In the event the violation is not abated within the period of time indicated, the enforcing officer shall promptly notify the township committee and prosecute a complaint in municipal court.
A license shall be required for automatic amusement games, of the type commonly known and designated as bagatelle, baseball or pinball games, marble machines, skill ball, mechanical grab machines, video type games or machines, or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment, or similar machines or devices operated, maintained or used in any public or quasi-public place, including buildings, stores, or other places wherein the public are invited, and particularly, but not limited to, coin or token operated amusement devices. All such machines shall not be placed, operated, maintained or used within the municipal limits of the Township of Warren without first having obtained a license for that purpose; provided, however, that no person who shall be convicted of a crime or a violation of any township ordinance involving gambling shall be issued a license, and provided further, that if a license shall be issued and the person to whom it has been issued shall be thereafter convicted of crime, or a violation of any township ordinance involving gambling, said license shall immediately be revoked by the Township of Warren.
The license fee for each machine shall be $100 per year. The license period shall be from January 1 to December 31 of each year. The fee shall be paid upon the first licensing of the premises and shall be prorated from the first day of the month in which such license is issued to the end of such licensing year.
a. 
Applications for license shall be made to the township clerk in writing, on forms supplied by the township. Accompanying the same shall be the required license fee for each machine so desired to be licensed.
b. 
The applicant shall state his full name, residence, and business addresses; the location, street and number of the place where the machine is to be installed and the type of business carried on at said place.
c. 
The following personal information concerning the applicant, if an individual; and concerning each stockholder holding 10% or more of the stock of the corporation, each officer and each director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the business premises:
1. 
Name, complete residence address and residence telephone numbers.
2. 
The two previous addresses immediately prior to the present address of the applicant, or officer thereof, submitting the application.
3. 
Written proof of age.
4. 
Whether or not the applicant has been previously licensed by any public or governmental authority to maintain coin-controlled amusement devices for use by the public or has previously applied for such a license, and whether or not such a license has been denied, revoked, or suspended and the reason therefor.
5. 
All criminal convictions, fully disclosing the offense for which convicted and the circumstances thereof.
6. 
A complete set of fingerprints, taken and to be retained on file by the police chief or his authorized representative.
7. 
Such other information as may be required by the police chief to discover the truth of the matters hereinbefore required to be set forth in the application.
8. 
Authorization for the township, its agents or its employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
9. 
The names and addresses of three adult residents of the County of Somerset who will serve as character references.
10. 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly made before an individual authorized to administer oaths within the State of New Jersey, which individual shall affix his sign or seal thereto.
11. 
Number of licenses desired.
12. 
Address where device(s) is (are) to be located.
13. 
Description of device or devices, including the name of the manufacturer and serial number.
d. 
The written consent of the owner of said business where the machine is to be installed shall be attached to and made a part of the application, if applicable.
e. 
The applicant shall state his age, whether he is a citizen, and if naturalized, the date and place of his naturalization.
f. 
The chief of police shall make due investigation of each applicant and, if satisfied that the applicant is a proper person to whom a license shall be issued, the chief of police shall recommend to the township clerk that the applicant be granted a license subject to the provisions of this section.
g. 
Any applicant who shall be aggrieved by reason of the failure of the township clerk to issue him or her a license may, by written request made to the township committee, be given a hearing to review the action of the township clerk in failing to grant said application for license.
It shall be unlawful in the Township of Warren to place, maintain, control, conduct or operate more than five of the aforesaid devices in any one business establishment.
The use provided herein shall be limited to ancillary or accessory use only within a building or premises used for a use permitted in the NB-Neighborhood Business District and CB-Community Business District of the Township of Warren. Nothing contained in this article shall be construed as amending Chapter 16, Zoning, of the Revised General Ordinances of the Township of Warren to include amusement device parlors or arcades or similar establishments as a permitted use in the aforementioned zones. No amusement device shall be operated in any public or quasi-public place whose primary purpose is to make said games available to the public. The primary purpose of a place shall be to make said games available to the public if more than 1/10 of the floor space open to the public shall be devoted to the use of said games.
a. 
No amusement device shall be located in any premises within 500 feet of a school.
b. 
Each device shall be located at least 10 feet from the entrance way to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
c. 
Each device shall have unobstructed perimeter zone or distance of four feet around the sides of the three linear borders of said device wherein users of said device may use, watch or wait to use said device.
Any persons who shall use or permit to be used any of the machines or devices licensed hereunder for the purposes of gambling shall be deemed to be guilty of a violation of this section and punishable therefor as hereinafter provided.
The holder of a license shall be permitted to transfer the license within the calendar year for which it has been issued to any other like machine operated in the same premises in place of the machine from which the license has been transferred; provided, the licensee has immediately notified the township clerk of the Township of Warren of such purpose and communicated to it the type of machine to which said license has been transferred.
a. 
The provisions of this section requiring an operator's license shall not be applied to any church, paternal or veterans organizations or other religious groups, charitable or non-profit organization which operates any coin-controlled amusement device for the use of its members and their guests and on premises owned or controlled by it.
b. 
No license shall be issued to any person under 18 years of age.
Any operator who has violated this chapter, shall, upon conviction, be subject to a fine not exceeding $500 and/or imprisonment not exceeding 90 days for each offense. A separate offense shall be committed on each day during or on which a violation or failure to comply has occurred or continued.
Any machine shall be impounded by the police or seized and destroyed, if it is suspected that the machine is being used for gambling purposes.
The chief of police shall be responsible for the enforcement of this section and inspection of any place or building in which any such device shall be operated as well as testing such device on reasonable occasions to determine their compliance herewith.
a. 
Revocation of license. Any time after the granting of said license, the township committee may, in the reasonable exercise of its discretion, revoke the same, if after hearing it finds:
1. 
Gambling on premises.
2. 
False or incorrect material on the application or information furnished by the applicant.
3. 
Failure to maintain good and safe conduct on the premises.
4. 
Violation of the laws of the State of New Jersey, of this or other ordinances of the Township of Warren.
5. 
The presence of the machines result in gambling, obscene and loud language disturbing to the public or to other patrons of the premises, creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.
b. 
Posting and display. An operator's license granted pursuant to this section shall:
1. 
Be posted in a conspicuous place at the location for which said license was granted.
2. 
State the name and address of the licensee.
3. 
State the manufacturer, model number and serial number for each and every mechanical amusement game for which said license was issued.
This section is enacted for the purpose of raising revenue, and for the regulation and control of automatic amusement devices as defined in subsection 4-11.1 hereof. The objective of this section is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling, loitering, or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.
Upon passage and publication, this ordinance shall be given retroactive effect from January 1, 1982.
The purposes of the within section are:
a. 
Discouraging unethical and dishonest business practices.
b. 
Reimbursement to the township for expenses.
The fees to be charged for the issuance of licenses are not to be considered as revenue but are charged for the purpose of covering the expense of investigation and regulation of the conduct of the licensees and their businesses.
a. 
MERCHANDISE — Shall mean all goods, wares, food, fruit, plants, flowers, vegetables, farm products, magazines, periodicals and any and all kinds of articles of personal property; and orders or contracts for a service, home improvement or alteration shall be considered "merchandise" within the terms of this chapter as well as any other item or items of any nature whatsoever that is or are offered for sale to the public.
b. 
PERSON — Shall mean any individual, firm, partnership, association, group of persons, corporation or any other entity of any nature whatsoever.
It shall be unlawful, without first having procurred a license from the chief of police and complying with all requirements of this section, for any person to offer merchandise for sale outside a building in the township, unless that person is the bona fide long-term (more than one year) tenant or owner of the said property and the said owner or tenant has complied with all zoning requirements, and all other local, State and Federal requirements relative to the sale of said merchandise. Such licensing shall not be transferable.
The fee requirements only of this chapter shall not apply to the following (all other provisions of this chapter shall apply):
a. 
Any charitable, religious, non-profit, recreational, civic or veteran's organizations, benevolent society, service club, volunteer fire or first aid company, school, political club or party provided a substantial portion of its membership is from the township.
b. 
Any person honorably discharged from military services of the United States possessing the appropriate license issued in conformity with N.J.S.A. 45:24-9 and 10.
c. 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity with said law.
In the event a person claims an exemption hereunder, he shall apply to the police chief of the township for a special license to sell his merchandise and once the police chief satisfies himself that the person is entitled to a special license, the same shall be issued forthwith. A person exempt from the licensing requirements hereunder shall not sell merchandise until obtaining the aforesaid special license.
Applications for licenses shall be made upon forms provided by the township, shall be filed with the chief of police of the township and shall contain the following information:
a. 
Name, age, and physical description of the applicant;
b. 
Complete permanent home and local address of the applicant;
c. 
Description of the nature of the business or activity and the merchandise to be sold and sufficient information to determine whether or not the activity contemplated is interstate or intrastate;
d. 
Two recent photographs of the applicant which shall be approximately 2 1/2 inches by 2 1/2 inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner;
e. 
The days and dates upon which the sales are to be conducted;
f. 
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly persons offense and if so the details thereof;
g. 
The fingerprints and social security number of the applicant; and
h. 
The specific place where the merchandise is to be sold.
Upon receipt of an application, the chief of police shall cause an investigation to be made of the applicants's business and moral character for the protection of the public safety and welfare. In the event the investigation as aforesaid should reveal any of the following results, the chief of police shall deny a license to the applicant.
a. 
Conviction of any crime or misdemeanor involving arson and other burnings, atrocious assault and battery, breaking and entering, bribery and corruption, burglary, conspiracy, embezzlement, conversion and misappropriation of funds, extortion or threats, forgery and counterfeiting, frauds and cheats, indecency and obscenity, larceny, loan sharking, possession or use of a controlled dangerous substance, rape and carnal abuse, receiving stolen property, robbery, seduction, and any other crimes against the person or crimes involving moral turpitude.
b. 
Conviction of any misdemeanor or disorderly persons offense involving being unable to give a good account, common thieves, burglars and pickpockets, carrying weapons or burglar tools, conspiracy, unlawful soliciting, assault and battery, frauds and misrepresentations, possession or use of habit-producing drugs, shoplifting, and any other offense involving moral turpitude.
c. 
Business pursuits resulting in fraud, misappropriation of funds or similar activity.
The above crimes, misdemeanors or disorderly persons offenses shall be deemed to be those as defined or equivalent to crimes and disorderly offenses defined by law in the State of New Jersey.
In the event the chief of police shall deny a license to the applicant, the chief of police shall detail reasons for such denial.
In the event the investigation as aforesaid should not disclose any of the above, a license shall be issued forthwith by the chief of police upon which shall be affixed one photograph of the applicant signed by the chief of police in such manner that part of his signature shall cover part of the photograph.
Each applicant when selling merchandise within the township pursuant hereto, shall carry the license at all times and shall exhibit the same to any citizen or police officer upon request.
[Ord. 82-21.]
A fee of $15 shall accompany each application referred to above to defer costs of processing the same. Upon issuance of a license by the chief of police, the applicant shall pay the sum of $500 for each day or portion of a day that he intends to offer merchandise for sale outside a building in the township.
[Ord. 82-21.]
a. 
All licenses issued pursuant to this section shall be valid for the dates specified thereon.
b. 
No licensee shall conduct himself in such a manner as to become objectionable to or annoy any person.
[Ord. 82-21.]
In the event the chief of police shall deny any application for a license, the applicant may appeal that decision within a period of 10 days from the date of denial which appeal shall be filed with the township clerk. Such appeal shall be heard by a committee of three members of the governing body appointed for such purpose by the mayor within a period of seven days from the date it is filed. This committee may affirm, modify or reverse the decision of the chief of police and in doing so indicate in writing the reasons for granting or denying the license. The committee shall apply the standards indicated in subsection 4-12.6 above and relate its findings and conclusions to the objectives of this section as outlined in subsection 4-12.1. The committee's disposition shall be rendered forthwith and shall be final.
[Ord. 82-21.]
Licenses issued under this section may be revoked by the chief of police after written notice outlining reasons for any of the following causes:
a. 
Misrepresentation or false material statement contained in the application;
b. 
Misrepresentation or false material statement contained in the course of carrying on activities regulated herein;
c. 
Conviction of any crime, misdemeanor or disorderly persons offense or engaging in business activity that would have precluded issuance of a license as outlined above; and
d. 
Conducting sales of merchandise in an unlawful manner in violation of the provision of this section or in such manner as to cause a breach of the peace or to constitute a menace to safety or general welfare of the public.
Any person that has his license revoked pursuant hereto shall immediately cease and desist from the sale of all merchandise within the borders of the township. Any person whose license has been revoked shall have the right of appeal subject to the procedure and standards as outlined in subsection 4-12.10.
[Ord. 82-21.]
It shall be the duty of all police officers of this township to enforce the provisions of this chapter.
[Ord. 82-21.]
Any person violating any of the provisions of this section shall be subject to the penalties indicated in section 3-10.
[1]
Editor's Note: Prior ordinance history: Ordinance Nos. 91-18, 95-18, 98-31, 02-28, 06-33.
[Ord. No. 2016-33]
This section shall be known as the "Towing Ordinance of Warren."
[Ord. No. 2016-33; Ord. No. 2017-07 § 1]
a. 
Word Usage. When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular; and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.
b. 
Definitions. For purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein:
BASIC TOW
Pursuant to the Administrative Rules of the Division of Consumer Affairs, N.J.A.C. 13:45A-31.1 et seq., "basic tow" shall mean private property towing and other non-consensual towing as defined in this section and other ancillary services that include the following: arriving at the site from which a motor vehicle will be towed; 15 minutes waiting time; hooking a motor vehicle to, or loading a motor vehicle onto, a tow truck; transporting a motor vehicle to a storage facility; unhooking or unloading a motor vehicle from the tow truck; and situating the motor vehicle in the space in which it will be stored. "Basic tow" also includes issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; issuing an itemized bill; three trips to the motor vehicle in storage, which, if applicable, include making a vehicle available to an insurance adjuster or appraiser; issuing documents for the release of a motor vehicle to its owner or other person authorized to take the motor vehicle; and retrieving a motor vehicle from storage during the hours in which the storage facility is open.
[Ord. No. 2017-07 § 1]
CHIEF
Shall mean the Chief of the Police Department of the Township of Warren or anyone designated by him.
DECOUPLING
Shall mean releasing a motor vehicle to its owner or operator when the motor vehicle has been, or is about to be, hooked to or lifted by a tow truck, but prior to the motor vehicle actually having been moved or removed from the property.
DIRECTOR
Shall mean the Director of the New Jersey Division of Consumer Affairs.
FLAT BED TOW TRUCK
Shall mean a tow truck designed to transport a motor vehicle by means of raising the motor vehicle from road level up onto a hydraulic bed for transporting purposes.
HEAVY DUTY
Shall mean a gross vehicle weight of at least 32,000 pounds.
LIGHT-MEDIUM DUTY
Shall mean a gross vehicle weight of less than 32,000 pounds.
MOTOR VEHICLE
Shall mean all vehicles propelled other than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards.
NON-CONSENSUAL TOWING
Shall mean the towing of a motor vehicle without the consent of the owner or operator of the vehicle, including the towing of a motor vehicle when law enforcement orders the vehicle to be towed whether or not the owner or operator consents.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PROPERTY TOWING
Means non-consensual towing from a private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is parked illegally, parked during a time at which such parking is not permitted or otherwise parked without authorization or the authorization or immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. This term shall not include the towing of a motor vehicle that has been abandoned on private property in violation of N.J.S.A. 39:4-56.6, provided that the abandoned vehicle is reported to the appropriate law enforcement agency prior to removal and the vehicle is removed in accordance with N.J.S.A. 39:4-56.6.
SECURE STORAGE FACILITY
Shall mean a storage facility that is either completely indoors or is surrounded by a fence, wall or other man-made barrier that is at least six feet high and is lighted from dusk to dawn.
SITE CLEAN-UP
Shall mean the removal of all debris from the scene to the satisfaction of the police officers at the scene and includes the use of absorbents to soak up any liquids from a motor vehicle at the site from which a motor vehicle will be towed.
STORAGE FACILITY
Shall mean a space at which motor vehicles that have been towed are stored.
TARPING
Shall mean covering a motor vehicle to prevent weather damage.
TOW TRUCK
Shall mean a motor vehicle equipped with a boom or booms, winches, slings, tilt beds or similar equipment designed for the towing or recovery of motor vehicles.
TOWING
Shall mean the moving or removing from public or private property or from a storage facility by a motor vehicle of a consumer's motor vehicle that is damaged as a result of an accident or otherwise disabled, is recovered after being stolen, or is parked illegally or otherwise without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations which provide towing services to club or association members shall not be considered a service charge for purposes of this definition.
TOWING LIST
Shall mean a list maintained by the Police Department containing the names of those wreckers licensed and contracted by the Township to respond to requests for towing of vehicles made by the Police Department.
TOWNSHIP
Shall mean the Township of Warren.
WAITING TIME
Shall mean any time a towing company spends at a site from which a motor vehicle will be towed, during which the towing company is prevented from performing any work by another individual, beyond the time included as part of a basic tow.
WINCHING
Shall mean the process of moving a motor vehicle by the use of chains, nylon slings or additional lengths of winch cable from a position that is not accessible for direct hook up for towing a motor vehicle. Winching includes recovering a motor vehicle that is not on the road and righting a motor vehicle that is on its side or upside down, but does not include pulling a motor vehicle onto a flatbed tow truck.
WINDOW WRAP
Shall mean any material used to cover motor vehicle windows that have been damaged.
WRECKER or TOWING COMPANY
Shall mean a person in the business of, or offering the services of a towing service whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designated for that purpose.
[Ord. No. 2016-33]
Any person who wishes to engage in business as a wrecker in the Township to tow vehicles on public and private property at the request of the Police Department shall be licensed by the Township pursuant to this section. The license shall not be transferable.
[Ord. No. 2016-33; Ord. No. 2017-07 § 2]
Any person who desires to provide services as a wrecker at the request of the Police Department in the Township shall submit an application for a license to the Chief of Police or his designee, accompanied by a fee of $200, made payable to the Township of Warren. The application shall set forth the following information:
a. 
The full name, address and telephone number of the applicant. If the applicant is a corporation, the name of the corporation and the name of the officers, directors, principals and its registered agent. If the applicant is a partnership, the names and addresses of the partners.
b. 
The year, make and type of each vehicle used in said wrecker business by the applicant, the vehicle's serial number, registration number, a clear photograph of each vehicle showing the registration plate, and the name and address of its registered owner.
c. 
The address of the wrecker's base of operation, where the wrecker's vehicles will be regularly garaged, stored and located. The wrecker's "base of operation," for the purposes of this section, is defined as where the wrecker's vehicles shall be garaged, stored and located, and shall be not more than two miles, by roadway legally traveled in consideration of weight restrictions on certain roads, from any Township border.
d. 
The telephone number or numbers available on a twenty-four-hour, seven day per week basis, and the names, addresses and New Jersey Motor Vehicle driver's license numbers of all the wrecker's operators.
e. 
The location, size and security features of the storage lot where vehicles shall be towed, a clear photograph or photographs of the lots, which lot shall be screened from public view, and which lot shall conform with all municipal ordinances, land use laws and the applicable zoning code. The wrecker agrees to ensure that the storage facility is safe and secure, utilizing all reasonable means to prevent theft, vandalism, damage to vehicles and/or any criminal activity. Any storage lot located outside of the Township shall be not more than two miles, by roadway legally traveled in consideration of weight restrictions on certain roads, from any Township border.
f. 
The name and address of the insurance carrier and agents and the policy limits and policy numbers of all insurance policies held by the applicant in regard to the wrecker and storage services.
g. 
A certified statement of the willingness of the wrecker to be available on a twenty-four-hour, seven day per week basis, and to abide by the instructions and directions of the Chief of Police, his subordinates, and the provisions of this section.
[Ord. No. 2016-33; Ord. No. 2017-07 § 3]
The Chief of Police shall investigate each application submitted to determine:
a. 
The truth and accuracy of all information contained in the application.
b. 
Whether public convenience and/or necessity will be served by awarding the license to the applicant wrecker.
c. 
The applicant's practical and technical ability to perform the wrecker service as described in this section.
d. 
The applicant's and his operators' fitness to engage in the wrecker business licensed pursuant to this section.
e. 
Whether the applicant has demonstrated, by the adequacy of its equipment and facilities, availability and response time (see requirements of subsection 4-13.10d) and the security of its storage facilities that it shall be able to comply with the requirements of this section.
f. 
Whether the applicant wrecker's equipment is safe and in good and sound condition, and that it complies with the rules, regulations and standards of this section, as well as any applicable provision of New Jersey law, including, without limitation, New Jersey Motor Vehicle law.
g. 
That the applicant wrecker have a minimum of three vehicles which meet the minimum standards set forth below:
1. 
At least one light duty wreckers with a minimum chassis rating of 11,000 pounds gross vehicle weight and equipped with a minimum four ton capacity lifting device;
2. 
At least two flat bed type wreckers with a minimum chassis rating of 11,000 pounds gross vehicle weight;
3. 
At least one of the above vehicles must have four-wheel drive;
4. 
All required vehicles as set forth above must be operable.
5. 
All vehicles must be equipped with two-way radios, cab mounted amber emergency warning lights (conforming to New Jersey Motor Vehicle law standards and all light permits being obtained), tow sling type bars with rubber straps and/or wheel lift capability with safety straps to prevent damage to towed vehicles, and with steering locks for towing vehicles from the rear.
h. 
In addition to the requirements of subsection 4-13.6g above, the applicant must own or have access to a heavy duty wrecker and equipped with a minimum 25 ton capacity lifting device.
The Chief of Police, upon completion of the foregoing investigation, shall forward a copy of the wrecker's application for licensure to the Township Committee, along with any recommendation for approval or disapproval of the license and the reasons, if any, for disapproval. The Township Committee shall then determine whether or not the applicant has complied with all the necessary standards and criteria, and thereupon award or deny the wrecker's license. If the license shall be awarded to the applicant, the applicant's name shall be added to the end of the rotation list for towing, pursuant to subsection 4-13.11 of this section.
[Ord. No. 2016-33; Ord. No. 2017-07 § 4]
The Chief of Police shall issue a license for a term of three years to the applicant wrecker, upon notice from the Township Committee that the applicant has been approved by the Township Committee, and has complied with all the requirements of this section.
[Ord. No. 2016-33]
By submitting an application, the wrecker assumes all liability and agrees to indemnify and save the Township, its subdivisions, departments, agents, and employees, harmless from damages or losses sustained by vehicles while being towed, stored or released from wrecker's possession and from all personal injuries and property damage occurring to any persons, or property, as a result of the wrecker's performance of the wrecker's services, including, but not limited to, towing, storage or other activities relating to the licensed wrecker's services. All responsibility for the release of a stored vehicle shall be on a wrecker only.
[Ord. No. 2016-33; Ord. No. 2017-07 § 5]
Each operator must have the insurance coverage required by N.J.A.C. 13:45A-31.3. Each policy (except employer's liability) is to name the Township of Warren as an additional insured. Insurance coverage shall be as follows:
a. 
Motor vehicle liability for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of $1,000,000, single limit.
b. 
For every tow truck, an operator shall secure and maintain insurance that covers garage keeper legal liability in the amount of $250,000, and "on-hook" coverage, either as an endorsement on the insurance required by paragraph a above, or in the amount of $250,000.
c. 
Garage Liability Policy. A garage liability policy shall be maintained with a combined single limit of $1,000,000 per occurrence with a $1,000,000 aggregate for bodily injury, death or property damage.
d. 
Worker's Compensation Policy. A worker's compensation policy covering all of applicant's employees and operators, containing statutory coverage including liability coverage of at least $1,000,000 for each accident per person, $1,000,000 policy aggregate limit per disease, and $1,000,000 for each disease per person.
Each operator shall furnish to the Chief of Police a certificate of insurance from an insurance company satisfactory to the Township with the policy limits set forth above and naming the Township as an additional insured. Each certificate of insurance shall identify the coverage provided and shall provide that such insurance shall not be changed or canceled without giving 30 days' prior written notice to the Township by certified mail, return receipt requested.
[Ord. No. 2016-33; Ord. No. 2017-07 § 6]
All operators of licensed wreckers shall be obligated to comply with the following duties:
a. 
Remove and tow to the designated storage facility all vehicles directed by the Chief of Police to be removed and towed because such vehicles are, in the Chief's of Police's sole discretion, designated as abandoned, illegally parked, disabled, involved in an accident, or to be impounded because of criminal or other investigation.
b. 
Provide twenty-four-hour, seven day a week service to the Township during the term of the license.
c. 
Respond promptly to all requests for towing services by the Chief of Police. In any event, the wrecker shall respond and be present at the location (all locations in the Township) for towing services within 15 minutes of receipt of notice of the towing required between the hours of 8:00 a.m. in the morning (hereinafter "daytime") and within 25 minutes of receipt of notice between the hours of 5:01 in the evening and 7:59 in the morning (hereinafter "nighttime"), unless otherwise directed by the Chief of Police. In the event a wrecker does not arrive at the tow location within the above time periods, the police officer on the scene shall have the right to have a substitute wrecker called to the location who will have the right to perform the tow services. The originally called wrecker shall have no right to payment from any party.
d. 
Not charge any fee for replacement of equipment or materials provided at the scene of the tow.
e. 
Tow any and all disabled Township owned or operated vehicle upon request of the Chief of Police to a location within the Township. The wrecker shall not charge the Township for the towing of passenger vehicles or pick-up trucks within two miles of the Township border.
f. 
Clean up all broken glass and debris at the scene of accidents (all wreckers must be equipped with a broom and a shovel).
g. 
Furnish additional towing equipment and towing services during storm periods, periods of snow emergencies, traffic emergencies, natural disasters, any acts of God, and for any other reason when so designated by the Chief of Police. Such standby service shall begin when the Chief of Police notifies the wrecker and shall end when the Chief of Police notifies the wrecker. The Township reserves the right, during any such emergency, to designate temporary areas owned or leased by the Township and/or wrecker for the storage of disabled vehicles, and to direct the wrecker to remove such disabled vehicles to said areas.
h. 
Record and keep for three years the following documents:
1. 
Invoices for both consensual towing and non-consensual towing services;
2. 
Job orders;
3. 
Documentation of waiting time;
4. 
Logs, which include the time when a towed motor vehicle was delivered to the wrecker's storage facility from a private property or other non-consensual tow and the date and purpose of each trip to the motor vehicle in storage;
5. 
Documents relating to private property and other non-consensual towing services performed and rates charged for services; and
6. 
Any contracts under which the private property wrecker is authorized to perform private property towing services.
A wrecker that engages in private property or other non-consensual towing shall make records available to the New Jersey Division of Consumer Affairs for review upon request. Additionally, the Chief shall have access upon demand to any and all records required to be kept pursuant to this section.
i. 
In all of the wrecker's dealings with the public, the wrecker shall act in a professional manner, courteous at all times, and respectful to members of the public, as well as representatives of the Township. Reports of discourteous behavior by the wrecker or his operators which may be substantiated and documented shall be considered by the Township as sufficient cause for revocation and termination of the wrecker's license. All new licensed wreckers shall be assigned to the rotation list at the bottom of such list. The rotation list shall be composed so as to permit a reasonable rotation of licensed wreckers.
j. 
The wrecker shall be bound and abide by all of the requirements of the Predatory Towing Act of 2008, N.J.S.A. 56:13-7 et seq. as well as the regulations promulgated thereunder, N.J.A.C. 13:45A-13.1 et seq., as same may be amended from time to time.
k. 
The storage facility to which the vehicle is towed shall have a business office open to the public between 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding holidays. To accommodate customers who cannot retrieve the vehicle within that time frame on those days, the towing company shall allow the vehicle to be released on Saturday between 8:00 a.m. and 12:00 p.m. or shall make other reasonable arrangements to allow the vehicle to be released. The tow companies shall not delay the release of any vehicle upon the owner's request, by any means, without the permission of the Chief of Police, excluding nonconsensual towing. In instances of nonconsensual towing, vehicles shall be released only with the consent of the Chief of Police or his designee.
[Ord. No. 2016-33]
The Chief of Police is hereby authorized to establish a system of rotation for the assignment of licensed wreckers to provide the services required pursuant to this section within the Township. The rotation system shall be established on a nondiscriminatory and nonexclusionary basis. Only licensed wreckers with the Township shall be assigned to the rotation list. A licensed wrecker shall be added to the rotation list at any time upon obtaining a license. All new licensed wreckers shall be assigned to the rotation list at the bottom of such list. The rotation list shall be composed so as to permit a reasonable rotation of licensed wreckers.
Notwithstanding the above rotation list, in the interests of public safety, the Chief of Police, or his or her designee, in his or her discretion, taking into account the emergency, safety and location of the situation, may part from the rotation list and call for the closest available wrecker to respond.
[Ord. No. 2016-33]
The Chief shall recommend to the Township Committee a rate schedule for towing and storage, which rates shall be established by the Township Committee by resolution. A wrecker may only charge the fees established by resolution of the Township Committee, not exceeding the limits set forth therein. No additional fees are permitted other than as set forth below. Fees may be charged for the following:
a. 
Basic tow, which shall be a flat fee; and
b. 
In the case of a motor vehicle involved in an accident, the following additional services, if actually performed:
1. 
Waiting time in excess of 15 minutes, which shall be calculated based upon each 15 minutes spent at the site from which a motor vehicle will be towed, with fewer than 15 minutes rounded up to 15;
2. 
Brush cleaning, including collection of debris that can be picked up by hand, which shall be a flat fee;
3. 
Site cleanup, which shall be based upon each bag of absorbent used;
4. 
Winching, which shall be based upon each 1/2 hour spent performing winching;
5. 
The use of window wrap, which shall be a flat fee;
6. 
Tarping, which shall be a flat fee;
7. 
Transmission disconnect, a flat fee, which shall be charged only if a motor vehicle is locked and the wrecker is unable to obtain the keys for the motor vehicle;
8. 
Use of a flatbed tow truck, a flat fee, which shall be charged if a motor vehicle can be transported only by a flatbed tow truck;
9. 
Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and equipment charge billed in half-hour increments;
10. 
Decoupling;
11. 
Storage at a wrecker's storage facility;
12. 
More than three trips to the motor vehicle in storage, which may be invoiced as an administrative fee, which shall be a flat fee;
13. 
Releasing a motor vehicle from a wrecker's storage facility after normal business hours or on weekends, which shall be a flat fee.
c. 
A wrecker that engages in private property or other nonconsensual towing shall not charge for the use of a flatbed tow truck if a motor vehicle can safely be towed in an upright position by another type of tow truck, even if the private property wrecker chooses to use a flatbed tow truck for the tow.
d. 
A wrecker that engages in private property or other non-consensual towing shall calculate storage fees based upon full twenty-four-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 p.m. on one day and the owner of the motor vehicle picks the motor vehicle up before 7:00 p.m. the next day, the wrecker shall charge the owner of the motor vehicle only for one day of storage. If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the wrecker may charge for two days of storage.
e. 
If a wrecker charges a consumer a fee for a private property or other non-consensual towing service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Director determines the fee to be unreasonable under N.J.A.C. 13:45A-31.5, the Director may order the towing company to reimburse the consumer for an amount equal to the difference between the charged fee and a reasonable fee, plus interest as calculated in N.J.A.C. 13:45A-31.4(g).
f. 
A wrecker performing a private property or other non-consensual towing service shall take the motor vehicle being towed to the wrecker's storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.
g. 
A bill for a private property or other non-consensual tow shall include the time which a towed motor vehicle was delivered to a wrecker's storage facility, as well as a list of all services provided to a person for which the wrecker is charging.
h. 
A bill for a flat fee rendered for a private property or other non-consensual tow shall enumerate the towing services actually performed as part of the basic tow.
i. 
1. 
For services rendered, or to redeem a motor vehicle from storage, the wrecker shall accept in payment either cash, a check issued by an insurance company, a valid debit card, charge card or credit card if the operator ordinarily accepts such card at his place of business, subject to the provisions of paragraph 2 below.
2. 
The wrecker may request additional identification, as determined by the Chief, before proceeding with repairs or towing. Unless the motorist is unable to produce such identification, or the operator has a bona fide reason to believe the card or other identification is fictitious, altered, stolen, expired or revoked or not valid for any other cause or is clearly offered with intent to defraud the issuer, the debit card, charge card or credit card shall be deemed an acceptable form of payment in lieu of cash if the operator ordinarily accepts the card at his place of business. Nothing in this act shall preclude payment by a motorist in the form of check or money order, if this form of payment is acceptable to the operator.
[Ord. No. 2016-33]
All fee schedules and this section shall be made available to the public during normal business hours of the Township in the offices of the Clerk of the Township, and conspicuously posted at the wrecker's storage area and any repair garage operated by the wrecker. The wrecker's operator shall present to the owner or operator of a disabled vehicle, prior to commencing any service, a card clearly and concisely setting forth the wrecker's name, telephone number, location of its storage area, and a fee schedule (Towing and Storage) in plain language.
[Ord. No. 2016-33]
No wrecker or towing service, whether licensed or unlicensed by the Township, shall respond to the scene of an accident or emergency for the purposes of towing a vehicle unless specifically notified by the Chief of Police or his designee or the individual involved in the accident or emergency. All persons, wreckers and owners of towing equipment are hereby prohibited from soliciting business at the scenes of accidents and emergencies within the Township.
[Ord. No. 2016-33]
The Chief of Police is hereby authorized to establish and cause the enforcement of such reasonable, nondiscriminatory and nonexclusionary regulations governing operators engaged in the business of removing and storing motor vehicles and to cause the enforcement of such reasonable regulations to effectuate this section as the Chief of Police may deem appropriate for the safety, well-being and protection of citizens within this Township and their property. All regulations promulgated pursuant to this section shall be made available to the public during the normal business hours of the Township at the offices of the Clerk of the Township.
[Ord. No. 2016-33]
The Chief of Police is hereby designated as the enforcement officer for this section and the Chief of Police may recommend to the Township Committee the termination and suspension of any license or other actions concerning the same when the Chief of Police finds that:
a. 
The license was secured by fraud or that it contains misrepresentations or concealment of material facts or omits material facts which would have affected the granting of the license to the applicant;
b. 
The licensee has violated any of the subsections of this section or any of the regulations promulgated by the Chief of Police as authorized by this section.
[Ord. No. 2016-33]
Any person found guilty of violating or breaching any of the provisions of this ordinance shall, upon conviction thereof, be liable to the penalty set forth in Chapter 3, section 3-10, Penalty.
[Ord. No. 2016-33]
In the event any provision, paragraph or subsection of this section shall be found unlawful or unconstitutional by a court of competent jurisdiction, such finding shall not affect the remaining provisions of this section.
[Ord. No. 2016-33]
An action required to be taken pursuant to this section by the Township Committee may be authorized by a resolution of the Township Committee.
[Ord. No. 2016-33]
Except as set forth in subsection 4-13.11e above, any person having a dispute arising from a specific act of towing or storage of motor vehicles which is regulated by this section shall present that complaint or dispute to the Chief of Police for resolution. The Chief shall render his decision as to how the said complaint or dispute is to be resolved within 10 days of his conducting a hearing as to the same. Such hearing can be in person, by telephone or on written presentation at the election of the Chief of Police. The Chief of Police shall render his decision within five days of the hearing. In the event that the wrecker does not abide by the decision of the Chief of Police, the Chief of Police will recommend to the Township Committee that the wrecker's license be terminated.
It shall be required to obtain a permit to conduct a block party in or upon any public street or other public right-of-way or easement within the Township of Warren.
An application for the permit required by this section shall be made upon the form provided by the township clerk and shall be signed by the applicant, setting forth or accompanied by the following information:
a. 
The name, address and telephone number of the resident that will be responsible for conducting the block party.
b. 
The date, time, duration and location of the proposed block party.
c. 
Whether a live band or other music is to be played and/or amusements are to be present.
d. 
Reference of application to township chief of police. Each application filed with the township clerk, as herein provided, shall be referred to the township chief of police for purposes of his notification and for his approval. The chief of police shall review the application to ensure that the block party will be conducted in a safe location and in a safe manner without undue disturbance to township residents.
e. 
The granting of a permit, pursuant to this section, does not relieve the conduct of the block party from complying with all ordinances of the Township of Warren and the laws of the State of New Jersey.
f. 
Indemnity and Insurance. The applicant will execute a hold harmless and indemnity agreement to the township relative to its use of township property and will provide the township with insurance coverage to the extent required by the township based upon the type of function being conducted.
Each application shall be accompanied by a fee in the amount of $25 payable to the order of the Township of Warren.
[1]
Editor's Note: Prior ordinance history: Ordinance No. 08-21.
[Ord. No. 14-24]
The purpose of this section is to establish regulations and permit requirements for the operation of massage and bodywork therapy establishments in order to protect and preserve the health, safety and welfare of the citizens of the Township of Warren, and the patrons of such businesses, and to minimize and control adverse utilization of such establishments to preserve the quality of life, protect and preserve the character of the Township.
[Ord. No. 14-24]
For the purpose of this section, the following terms, phrases and words shall have the meanings stated herein.
a. 
MASSAGE AND BODYWORK THERAPIES — Shall mean the 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.
b. 
MASSAGE AND BODYWORK THERAPIST — Shall mean a person certified and/or licensed to practice massage and bodywork therapies.
c. 
MASSAGE AND BODYWORK THERAPY ESTABLISHMENT — Shall mean any establishment, business or operation wherein massage and bodywork therapies are administered or are permitted to be administered, which shall include the operation of an outcall massage and bodywork therapy service.
[Ord. No. 14-24]
a. 
Massage and Bodywork Therapy Establishment Permit Required. No person, firm, corporation, organization or other entity shall maintain, operate or conduct a massage and bodywork therapy establishment or utilize any premises in the Township of Warren as or for a massage and bodywork therapy establishment unless or until such person or entity first obtained a permit for such establishment or premises from the Township of Warren in accordance with the terms and provisions of this section.
b. 
Massage and Bodywork Therapist Registration/Documentation Required. No person shall practice massage or bodywork therapy, unless he/she has a valid and subsisting massage and bodywork therapist permit issued to him/her by the New Jersey Department of Community Affairs and evidence of same has been submitted to the Township of Warren in accordance with the terms and provisions of this section.
a. 
Every applicant for a massage and bodywork therapy establishment permit shall file an application with the Warren Township Health Department upon a form to be provided by said Health Department and pay an annual fee of $150.
[Ord. No. 14-24]
a. 
Application for a Massage and Bodywork Therapy Establishment Permit. Any person, firm, corporation, organization or other entity applying for a massage and bodywork therapy establishment permit shall submit the required application, which shall include the following information:
1. 
The type of ownership of the establishment (i.e., whether individual, partnership, corporation or otherwise).
2. 
The name, style and designation under which the establishment is to be conducted.
3. 
The address and all telephone numbers, including facsimile, where the establishment is to be maintained, operated, and conducted.
4. 
A complete list of the name(s) and address(es) of all massage and bodywork therapists, along with a copy of each's certificate and/or license issued by the State of New Jersey issued to the applicant pursuant to N.J.S.A. 45:11-53, et seq., and N.J.A.C. 13:37-16.1, et seq., name(s) and address(es) of other employees at the establishment, and the name and residence address of the manager or other person principally in charge of the day-to-day operation of the establishment.
5. 
The following personal information concerning the applicant, if an individual; concerning each stockholder holding more than 10% of the stock of the corporation, each officer and director, if the applicant is a corporation; concerning each partner, including limited partners, if the applicant is a partnership; concerning the managing members, if the applicant is a limited liability company; and concerning the manager or other person principally in charge of the day-to-day operation of the establishment:
(a) 
The name, residence address and residence telephone number. It shall be an ongoing responsibility of the applicant to notify the Township, in writing, of any change in name, address or telephone number of the individuals identified.
(b) 
The two previous addresses immediately prior to the present address of the individuals identified.
(c) 
Written proof of age.
(d) 
Height, weight, sex and color of hair and eyes.
(e) 
Two front-faced portrait photographs of the individuals taken within 30 days of the date of the application, and at least two inches by two inches in size.
(f) 
The establishment or similar business history and experience, including, but not limited to, whether or not such person has previously operated such an establishment, along with the location of such prior operations, whether or not such person has previously applied for a license or permit for such an establishment, and if same was denied, revoked or suspended, and the reasons therefor.
6. 
The names and addresses of three adult residents of the County of Somerset who will serve as character references for the applicant. These references must be persons other than relatives and business associates of the applicant.
b. 
Registration/Documentation of a Massage and Bodywork Therapist. Any person registering as a massage and bodywork therapist shall submit the following information.
1. 
The name, residence address and residence telephone number of the therapist. It shall be an ongoing responsibility of the therapist to notify the Township, in writing, of any change in name, address or telephone number.
2. 
A copy of a certificate and/or license issued by the State of New Jersey issued to the applicant pursuant to N.J.S.A. 45:11-53, et seq., and N.J.A.C. 13:37-16.1, et seq.
3. 
Two front-faced portrait photographs of the individual taken within 30 days of the date of the application, and at least two inches by two inches in size.
[Ord. No. 14-24]
Upon receipt of an application for a massage and bodywork therapy establishment, the Health Department shall refer the application to the Construction Code Office, the Fire Department, the Police Department, the Board of Health, and the Zoning Officer, which departments may inspect the premises where the proposed massage and bodywork therapy establishment is to be maintained, operated or conducted. No massage and bodywork therapy establishment shall be issued a permit or be maintained, operated or conducted in the Township unless an approval by the Health Official, Construction Official, and Fire Marshal has been granted indicating that the establishment complies with the minimum requirements of the construction, building and health codes for businesses operating in the Township of Warren.
[Ord. No. 14-24]
The massage and bodywork therapy establishment shall display the permit issued by the Township, and the permit of each and every massage and bodywork therapist employed and/or conducting business at the establishment, in an open and conspicuous place within the premises of the establishment.
[Ord. No. 14-24]
a. 
Every portion of the massage and bodywork therapy establishment, including all appliances and apparatus, shall be kept clean and operated in a sanitary condition.
b. 
Price rates for all services shall be prominently displayed in the reception area in a location available to all prospective customers.
c. 
All employees, including massage and bodywork therapists, shall be clean and wear clean, nontransparent outer garments.
d. 
Dressing areas for employees and customers shall be available on the premises. Such dressing areas shall be shielded from public view and provide the individual utilizing same privacy from all other individuals. If the dressing area is also used as the therapy/massage room, then adequate procedures shall be in place to safeguard the privacy of the individual using same as a dressing area. In no case shall these dressing areas be locked when both a client and any employee are present.
e. 
All massage and bodywork therapy establishments shall provide clean, laundered sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in a sanitary manner.
f. 
The sexual or genital area of customers must be covered by towels, cloths or undergarments when in the presence of an employee or massage and bodywork therapist.
g. 
It shall be unlawful for any person knowingly, in a massage and bodywork therapy establishment, to place his or her hand upon or touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital area of any other person.
h. 
No massage and bodywork therapist, employee or manager shall perform, or offer to perform, any act which would require the touching of the customer's sexual or genital area.
i. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat-rooms, steam or vapor rooms, steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the establishment is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.
j. 
Oils, creams, lotions and other preparations used in administering massage and bodywork therapies shall be kept in clean, closed containers or cabinets.
k. 
Animals, except for Seeing Eye dogs, shall not be permitted in the massage and bodywork work area.
l. 
Each massage and bodywork therapist shall wash his or her hands in hot running water, using antibacterial soap or disinfectant before administering massage or bodywork therapy to each customer.
m. 
No massage and bodywork therapy establishment shall permit any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not exclusive of laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing and public communication of obscene material.
n. 
Hours of operation of any massage and bodywork therapy establishment shall not commence prior to 9:00 a.m., and shall not extend beyond 10:00 p.m.
[Ord. No. 14-24]
The Health Official, Construction Official, and/or the Fire Marshal shall, from time to time, and at least once a year, make an inspection of each massage and bodywork therapy establishment within the Township for purposes of determining whether or not the provisions of this section are being complied with. The Police Department shall also, from time to time, conduct inspections of each massage and bodywork therapy establishment to determine if there are any violations of this section and/or violations of any other ordinance of the Township of Warren or the laws of the State of New Jersey on the premises. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any massage and bodywork therapy establishment to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
[Ord. No. 14-24]
No part or portion of any massage and bodywork therapy establishment shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep in such massage and bodywork therapy establishment, except for limited periods incidental to and directly related to a massage and bodywork therapy treatment. This provision shall not preclude the location of a massage and bodywork therapy establishment in separate quarters of a building housing a hotel, motel or other separate business.
[Ord. No. 14-24]
a. 
Unless otherwise provided by law, any person violating any of the provisions of this section, shall, upon conviction thereof, and at the discretion of the municipal court, be punishable by the penalties set forth in section 3-21 herein, along with the revocation of the applicable permit.
b. 
Any conviction of any employee of a massage and bodywork therapy establishment of a violation of any activity or behavior prohibited by the laws of the State of New Jersey, particularly, but not exclusive of laws proscribing prostitution, indecency and obscenity, including the sale, uttering or exposing and public communication of obscene material, shall devolve upon the owner and/or manager of such establishment, it being specifically declared by that, following such a conviction by an employee, the owner and/or manager shall be prosecuted as an accessory to such a violation.
c. 
Suspension/Revocation.
1. 
In addition to any of the penalties provided herein or proscribed by law, and notwithstanding the filing of a summons and/or criminal complaint in the Municipal Court or Superior Court, any violation of the following provisions, shall subject the massage and bodywork therapy establishment to the suspension or revocation of the applicable permit:
(a) 
Fraud, misrepresentation or false statement made by the applicant in the application for the permit.
(b) 
Fraud, misrepresentation or false statement made by the applicant in the course of carrying on the permitted business in the Township.
(c) 
Any violation of the provisions of this section.
(d) 
A conviction of a crime involving moral turpitude, a felony, an offense involving sexual misconduct, or any crime involving dishonesty.
(e) 
Conducting the permitted business in the Township in an unlawful manner or in such manner as to endanger the health, safety or general welfare of the public.
2. 
Such suspension or revocation shall be upon notice issued by the Health Official, and hearing before the Warren Township Board of Health.
3. 
Notice of the hearing for the suspension or revocation shall be in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be given personally or mailed to the permittee at his/her address set forth in the application.
4. 
Pending the hearing before the Board of Health, the said permit(s) may be suspended for a period of not more than 10 days by the Health Official if, in his/her discretion and opinion, the conduct of the permittee is detrimental to the health, safety and general welfare of the Township of Warren.
As used in this section, the following terms shall have the meanings as indicated:
CLOTHING BIN
Shall mean any enclosed, receptacle or container made of metal, steel or similar product and designed or intended for the donation and temporary storage or clothing or other material.
SOLICITATION/SOLICIT
Shall mean the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution.
Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a donation clothing bin within the Township of Warren, for solicitation purposes, without obtaining a permit from the zoning officer. Permits are renewable on an annual basis during the month of January.
The annual permit fee is $25 per bin and will be used to offset the costs involved in enforcing this section.
The application for a permit shall include:
a. 
The location where the bin would be situated, as precisely as possible;
b. 
The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent;
c. 
The name and telephone number of the bona fide office of any person or entity which may share or profit from any clothing or other donations collected via the bin, at which such person can be reached during normal business hours. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office; and
d. 
Written consent from the property owner to place the bin on his, her or its property.
In addition to the above application requirements, renewal applications must include:
a. 
A statement on the manner in which the person has used, sold, or dispersed any clothing or other donation collect via the bin, the method by which the proceeds of collected donations have been allocated or spent, and any changes the person anticipates it may make in these processes during the period covered by the renewal;
b. 
The name and telephone number of the bona fide office of any entity which shared or profited from any clothing or other donations collected via the bin, and of any entities which may do so during the period covered by the renewal; and
c. 
If the location of the bin is to be moved, the new location where the bin is to be situated, as precisely as possible and written consent from the property owner of the new location.
The township shall not grant an application for a permit to place, use, or employ a donation clothing bin if it determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a donation clothing bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases; or the placement of a bin where it interferes with vehicular or pedestrian circulation. The person placing, using or employing a donation clothing bin shall maintain the bin and the area surrounding the bin such that there shall be no accumulation of clothing or other donations outside the bin.
The following information shall be clearly and conspicuously displayed on the exterior of the donation clothing bin:
a. 
The permit number and its date of expiration;
b. 
The name and address of the registered person who owns the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;
c. 
The telephone number of the owner's bona fide office, and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin. For the purposes of this subsection, an answering machine or service unrelated to the person does not constitute a bona fide office;
d. 
In cases when any entity other than the person who owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared, or given entirely to, an entity other than the person who owns the bin, and identifying all such entities which may share or profit from such donations; and
e. 
A statement, consistent with the information provided to the township in the most recent permit or renewal application, indicating the manner in which the owner anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.
a. 
The zoning officer shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the zoning officer that a person has engaged in, or is engaging in any act or practice in violation of this section, the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the appropriate municipal agency is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
b. 
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, Warren Township may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the chief financial officer of the Township.
In addition to any other penalties or remedies authorized by the laws of this state, any person who violates any provision of this section or the provisions of P.L. 2007, c. 209 (C. 40:48-2.60, et seq.) which results in seizure of the donation clothing bin shall be:
a. 
Subject to a penalty of up to $20,000 for each violation. The township may bring this action in the Municipal Court or the Superior Court of New Jersey as a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (C. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the chief financial officer of the township; and
b. 
Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to this section and P.L. 2007, c. 209 (C. 40:48-2.61). A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of P.L. 2007, c. 209 (C. 40:48-2.60 et seq.) may apply to the township committee to have that person's eligibility restored. The township committee may restore the eligibility of a person who:
1. 
Acts within the public interest; and
2. 
Demonstrates that he made a good faith effort to comply with the provisions of this Section and P.L. 2007, c. 209 (C. 40:48-2.60 et seq.), and all other applicable laws and regulations, or had no fraudulent intentions.
[Ord. No. 2015-12]
The purpose and intent of this section is to assist law enforcement officials and victims of crime in recovering stolen precious metals, gems, gemstones and/or other articles by requiring minimum reporting, maintenance and distribution criteria for secondhand and transient dealers.
No person shall use, exercise or carry on the business, trade or occupation of buying scrap gold, silver, gems, gemstones, jewelry, home electronics/audio and visual equipment, musical instruments, telephones and telephonic equipment, scales, computers, computer hardware and software, typewriters, word processors, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing or other valuable articles, hereinafter referred to as "secondhand goods or articles," or being a secondhand dealer within the Township of Warren without having first obtained a license from the Township of Warren.
[Ord. No. 2015-12]
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings ascribed herein. Words used in the present tense shall include the future, words in the plural shall include the singular number and words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory.
ACCEPTABLE IDENTIFICATION
Shall mean acceptable forms of identification which include, but shall not be limited to, the following:
A current valid New Jersey driver's license or Identification Card;
A current valid photo driver's license issued by another state;
A valid United States Passport;
Other verifiable United States government issued identification.
ARTICLE
Shall mean any article of merchandise, including any portion of such article, whether a distinct part thereof or not, including every part thereof whether separable or not, and also including material for manufacture.
CHIEF OF POLICE
Shall mean the Chief of Police of the Township of Warren or his designee/representative.
DATABASE
Shall mean a computerized internet capable database with hardware and software compliant to that set by the Chief of Police.
DEALER
Shall mean any person, partnership, corporation, or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys or sells or otherwise exchanges or trades secondhand gold, silver, precious metals, gems, or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items.
DESIGNATED VENDOR
Shall mean a person or entity that is appointed or designated by the Chief of Police who is authorized to collect and maintain precious metal transaction information, or other purchase information as defined herein, for the Township of Warren.
GIFT CARD
Shall mean a restricted monetary equivalent or script that is issued by retailers or banks to be used as an alternative to a non-monetary gift.
ITINERANT BUSINESS
Shall mean any business conducted intermittently within the Township of Warren or at varying locations.
PERSON
Shall mean any individual natural person, partnership, joint venture, business, society, associate, club, trust, trustee, corporation, or unincorporated group, or an officer, agent, employee, servant, factor or any form of personal representative of any thereof, in any capacity, acting for self or on behalf of another.
PRECIOUS METALS
Shall be comprised of gold, silver, platinum and/or their alloys as defined in N.J.S.A. 51:5-1 et seq., N.J.S.A. 51:6-1 et seq., gems, gemstones, coins and all forms of jewelry herein contained.
PUBLIC
Shall mean individuals and retail sellers, not to include wholesale transactions or transactions between other merchants.
PURCHASE
Shall mean the exchange of money and the exchange, deposit, pledge, sale, conveyance or trade of any tangible or intangible article.
REPORTABLE TRANSACTION
Shall mean every transaction conducted by a dealer in which precious metals, or other tangible property, are purchased or exchanged from or with the public.
SECONDHAND GOODS
Shall mean any article previously sold, acquired, exchanged, conveyed, traded or otherwise formerly owned, including but not limited to scrap gold, old gold, silver, jewelry, home electronics/audio and visual equipment, telephones and telephonic equipment, scales, computers, computer hardware and software, coins, electronic tablets, cameras, scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing or other valuable articles.
TRANSIENT BUYER
Shall mean a dealer who has not been in any retail business continuously for at least six months at any address in the municipality where the dealer is required to register or who intends to close out or to discontinue all retail business in the Township of Warren within six months, or as so defined in N.J.S.A. 51:6A-5 and N.J.A.C. 13:47C-1.1.
[Ord. No. 2015-12]
a. 
Initial License Application Process. Every dealer intending on conducting business within the jurisdiction of the Township of Warren shall first make application to the Chief of Police and shall set forth the name and address of the dealer, his or her age, whether or not he or she is a citizen of the United States, and whether or not he or she has been convicted of a crime, the place of conviction, and the date thereof. The Chief of Police is authorized to grant a waiver from the licensing and reporting provisions of this section to any dealer who he believes should be exempt from those provisions. This exemption will be reviewed annually by the Chief of Police, and may be revoked by him at any time. Any exemption granted by the Chief of Police shall be in writing.
A dealer of precious metals, gems or gemstones or secondhand goods, prior to buying, attempting to buy or offering to buy, shall be required to be fingerprinted and shall consent to an investigation of the dealer's moral character and business responsibility as deemed necessary by the Warren Township Police Department for the protection of the public welfare. In the event that the dealer is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the dealer(s) who shall be fingerprinted and investigated in accordance with this section.
Upon initial application to the Police Chief, each dealer shall provide the following information:
Name and address of dealer;
Address from which dealer shall conduct business;
Copy of valid zoning and/or construction permits from the Township of Warren;
Proof that dealer has obtained computer equipment and software required in subsection 4-17.6 of this section, for the purposes of reporting all transaction data in electronic format to the Warren Township Police Department.
The type of operation contemplated to be conducted by the dealer, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious metals, gems or gemstones or secondhand goods, and other factors bearing on whether the licensed business will be of a fixed and permanent nature.
b. 
Contingency. Upon completion of the investigation, the Chief of Police shall either approve or deny the license based upon the results of the Warren Township Police Department investigation. No license shall be issued without the approval of the Chief of Police.
c. 
Renewal. All renewal applications are to be received in the Police Chief's office no later than January 10th of each year. In the event that the dealer is a business entity other than a sole proprietorship, any new officer(s) or partner(s) who has joined the dealer since the preceding year shall be deemed to be the dealer(s) who shall be fingerprinted and investigated in accordance with paragraph a hereof.
If a dealer fails to file a renewal application by January 31st of each year, the dealer will be assessed a $50 penalty. If a dealer fails to file a renewal application by January 31st, the Warren Township Police Department may serve notice on said dealer requiring him or her to file such renewal application within 10 business days. If the dealer fails to file such renewal application after receiving such notice from the Warren Township Police Department, the dealer's license may be revoked following the process set forth in subsection 4-17.5 of this section.
[Ord. No. 2015-12]
Each application for a license shall be accompanied by an annual fee of $300 payable to the Township of Warren by January 10th annually.
A license issued under the provisions of this section shall not be transferable and shall terminate on December 31st of the year in which said license is issued.
No license fee shall be pro-rated.
[Ord. No. 2015-12]
Licenses issued under the provisions of this section may be revoked by the Chief of Police after a hearing upon notice to the dealer for any of the following causes:
a. 
Fraud, misrepresentation, or false statement contained in the application for license;
b. 
Fraud, misrepresentation, or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems, jewelry or goods;
c. 
Any violation of this section;
d. 
Conviction of any crime or disorderly persons involving moral turpitude; or
e. 
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.
[Ord. No. 2015-12]
a. 
Every dealer within the Township of Warren shall, upon the purchase of any precious metals, gems, gemstones or secondhand goods from the public, be required to do the following:
1. 
Require of each person selling precious metals, gems or gemstones or secondhand goods, acceptable identification as defined in subsection 4-17.2 above;
2. 
Require each seller to execute a "Declaration of Ownership" which shall contain the following certification:
My signature confirms that I am the sole legal owner of and am legally authorized to sell the goods being sold. By signing below, I certify that I did not obtain and do not possess the identified goods through unlawful means. I am the full age of 18 years and the identification presented is valid and correct.
3. 
Record on a sequentially numbered receipt the following information:
(a) 
The name, address and telephone number of the purchaser, including the clerk or employee of the licensee making the purchase;
(b) 
The name, address and telephone number of the seller or sellers;
(c) 
The time and date of the transaction;
(d) 
The net weight in terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals; fineness in terms of carats for gold; and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq., and N.J.S.A. 51:6-1 et seq.
This information is to be documented through the use of an electronic database software system as designated by the Chief of Police. These records shall be subject to the inspection of any authorized police officer of the Township of Warren.
b. 
Through the use of required computer equipment, and using the electronic format approved by the Chief of Police, enter all transactions into the electronic database within 48 hours from the date of purchase. The information entered shall contain the information in subsection 4-17.6a above, plus the following:
1. 
A physical description of the seller;
2. 
The receipt number;
3. 
A full description of the item or items purchased, including but not limited to, marks, numbers, dates, sizes, shapes, initials, monograms and serial numbers;
4. 
The price paid for the item;
5. 
A color photograph or color image of the seller's presented identification;
6. 
A color photograph or color image of all items sold. When photographing or imaging items, all items must be positioned in a manner that makes them readily and easily identifiable.
Items should not be grouped together when photographing or imaging; each item will have its own color photograph or color image.
The precious metals, gems, gemstones or secondhand goods are to be made available for inspection by the Chief of Police of the Township of Warren for a period of seven days from the date the information required above is received by the Chief of Police on the approved form. The precious gems, gemstones or secondhand goods metals, shall remain in the same condition as when purchased and shall not be changed, modified, melted or disposed of by the purchaser until the seven-day period has expired. During this seven-day period, the precious metals, gems, gemstones or secondhand goods shall be placed in public view at the purchaser's place of business. If the property is such that it would create a hardship on the dealer to hold the precious metals, gems, gemstones or secondhand goods, for such a period, the dealer may present the property to the Chief of Police in order that it may be photographed and, if deemed necessary by the Chief of Police, an investigation be implemented. The Chief of Police has the authority to grant the dealer a waiver of the requirement under this subsection.
In the event of a database failure or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police. In the event that paper forms are used, the dealer is responsible to enter all transaction information into the database as soon as possible upon the repair or replacement of the computer equipment, or the return to service of the database. Failure by the dealer to properly maintain his or her computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of the ordinance and incurring penalties as set forth herein.
Dealer payments to a seller in cash shall be limited to two transactions during a seven-day period for the same seller. The seven-day period will commence on the day of the first transaction and end seven days after the first transaction (i.e. if transaction #1 occurs on Monday, the seven day period shall end on Sunday). Furthermore, no cash payments shall be made to the same sellers who make more than five transactions in any given thirty-day period. Sellers making transactions over the prescribed number of weekly and monthly periods will be paid by means of a bank check drawn from the dealer's business account.
It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Warren Township Police Department to examine any database, book, ledger, or any other record on the premises relating to the purchase of precious metals, gems, gemstones, or secondhand goods from the public, as well as the items purchased or received, and to take possession of any article known by the police officer or official to be missing or to have been stolen, or where the officer or official has probable cause to believe that the article is missing or stolen.
[Ord. No. 2015-12]
This section shall not apply to purchases made by jewelers or other dealers from wholesalers or other suppliers, but shall only apply to those purchases made from the public or other retail purchases. The dealer shall keep records of all wholesale purchases for a period of six months from the date of such purchase, which records shall be opened to investigation by the Warren Township Police Department.
[Ord. No. 2015-12]
No dealer within the Township of Warren shall purchase any precious metals, gems, gemstones or secondhand goods from any person under the age of 18 years of age.
[Ord. No. 2015-12]
a. 
Suspension. The Chief of Police is hereby empowered to temporarily suspend for cause any dealer's license and right to operate thereunder. This penalty shall be in addition to any fines and penalties the dealer may incur pursuant to the subsection 4-17.11 of this section.
1. 
Grounds for Suspension. The following shall constitute grounds for suspension:
(a) 
Violation of any of the provisions of this section;
(b) 
Violation of any other statute, regulation or local ordinance;
(c) 
Any other illegal, improper or fraudulent activity.
2. 
Procedure for Suspension. Upon determination that appropriate grounds exist and that a suspension is warranted, the Chief of Police shall issue written notice of suspension of license to the offending dealer which shall set forth the grounds for suspension, and notify the dealer of his right to appeal. A temporary suspension shall issue immediately, pending the outcome of any appeal taken. Suspended dealers must immediately cease engaging in the business of purchasing for resale and/or selling of precious metals, gems, gemstones or secondhand goods in the municipality until reinstatement.
3. 
Reinstatement. Suspended dealers may be reinstated only when the grounds leading to the suspension have, in the determination of the Chief of Police or other official designated by the Township to review the grounds for suspension, been cured, corrected or appropriately rectified.
b. 
Revocation. A license issued under this section may be revoked by the Chief of Police upon written recommendation that the dealer is no longer qualified, capable or competent to comply with the requirements of this chapter. This penalty shall be in addition to any fines and penalties the dealer may incur under section 4-17.11.
1. 
Grounds for Revocation: The following shall constitute grounds for revocation:
(a) 
A third violation under this section;
(b) 
A second violation under this section less than one year after an earlier violation under this section;
(c) 
Conviction of a criminal offense within this or any jurisdiction;
(d) 
Multiple violations of this or any other regulations or local ordinances within this or any jurisdiction.
2. 
Procedure for Revocation. Upon a determination that appropriate grounds exist and that a revocation is warranted, the Chief of Police shall so state in writing. A temporary suspension shall immediately and automatically issue pending the outcome of the charge. The Township Administrator or other official designated by the Township shall review the stated grounds for revocation and shall issue the appropriate disposition of either suspension, revocation or reinstatement. If it is determined that revocation is the appropriate disposition, the grounds therefor shall be set forth in writing in a notice of revocation which shall be provided to the dealer. The notice shall advise the dealer of the right to appeal. If it is determined that suspension is the appropriate disposition, the dealer shall be so notified in writing and shall be advised of the right to appeal. Following revocation, the dealer must relinquish his or her license and must immediately and indefinitely cease operating as a dealer of precious metals, gems, gemstones or secondhand goods within the municipality.
3. 
Appeal. Any dealer wishing to appeal a suspension or revocation shall be entitled to a hearing before the Chief of Police, the Township Administrator or other official designated by the Township to hear such appeal. An appeal by a dealer must be made by written request to the Chief of Police within 10 days of the receipt of a written notice of revocation or suspension of license.
[Ord. No. 2015-12]
Violation of any provision of this section shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each and every violation shall be considered a separate violation. Every day that a violation continues shall be a separate violation. Each violation shall result in an additional ten-day suspension. Any person who is convicted of violating the provisions of this section within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this section.