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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
Part I
Definitions
[Ord. No. 7-63 § 1; Ord. No. 2003-015 § 1]
As used in this section:
CANVASSER
Shall mean any person, other than a peddler and solicitor, traveling by foot or vehicle of any kind, who distributes printed matter or any other thing from house to house or who calls in person upon the occupants of houses seeking contributions or any thing of value.
PEDDLER
Shall mean any person, other than a solicitor or canvasser, traveling by foot or vehicle of any kind, who conveys or transports goods, articles or property of any kind or description for the purpose of offering for sale, selling and delivering the same to customers or offering to render immediate services of any kind or description. The term peddler shall include the words "hawker" and "huckster", but excludes any person under contract with a school or the Township.
PERSON
Shall include the singular and the plural and shall mean any individual, firm, partnership, corporation, association, club, society or other organization.
SOLICITOR
Shall mean any person, traveling by foot or vehicle of any kind, who sells or offers to sell goods, articles or property of any kind or description by sample or otherwise for future delivery, or who offers to render services at some time in the future, with or without accepting payment or partial payment for the same.
TOWNSHIP
Shall mean the Township of Chatham in the County of Morris, New Jersey.
Part II
Peddlers
[Ord. No. 7-63 § 2]
It shall be unlawful for any person to engage in the activity of a peddler within the Township without a current license therefor issued pursuant to this chapter.
[Ord. No. 7-63 § 3]
a. 
Every peddler's license shall expire annually on December 31 of the year during which the license was issued.
b. 
Every applicant for a peddler's license shall pay to the Township Clerk prior to the issuance of the license a fee of $25. The amount of this fee shall not vary by reason of the date of the issuance of the license.
[Ord. No. 7-63 § 4]
Every applicant for a peddler's license shall file with the Township Clerk a sworn application in writing, in duplicate, on a form to be furnished by the Township Clerk for that purpose, giving the following information:
a. 
Name and address of the applicant;
b. 
A brief description of the nature of the applicant's business and the goods or services to be sold or rendered; and
c. 
If the applicant is an individual, whether the applicant has ever been convicted of a felony or misdemeanor, and, if so, the nature of the offense and the pertinent date and court.
[Ord. No. 7-63 § 5; amended 5-23-2019 by Ord. No. 2019-08]
The Township Clerk shall, subject to the provisions of Subsection 4-1.26 of this chapter, issue a peddler's license within 10 days after the filing of a proper application therefor.
Every peddler's license issued pursuant to this chapter shall be signed by the Township Clerk and the person to whom it is issued and shall set forth the following information:
a. 
The name and address of the person to whom the license is issued;
b. 
The kind of goods to be sold or services to be rendered by the person to whom the license is issued; and
c. 
The expiration date of the license.
[Ord. No. 7-63 § 6]
No peddler's license may be transferred from one person to another person, and no license shall be used at any time by any person other than the person to whom it was issued.
[Ord. No. 7-63 § 7]
An employer issued a peddler's license pursuant to the provisions of this chapter shall apply to the Township Clerk for the issuance of identification cards to be signed and carried by each employee while engaged in the activity of a peddler within the Township. Every identification card shall set forth the information enumerated in Subsection 4-1.5 above.
Part III
Solicitors
[Ord. No. 7-63 § 8]
It shall be unlawful for any person to engage in the activity of a solicitor within the Township without a current permit therefor issued pursuant to this chapter.
[Ord. No. 7-63 § 9]
a. 
Every solicitor's permit shall expire annually on December 31 of the year in which the permit was issued.
b. 
Every applicant for a solicitor's permit shall pay to the Chief of Police prior to this issuance of the permit a fee to the Township of $5. The amount of this fee shall not vary by reason of the date of the issuance of the permit.
[Ord. No. 7-63 § 10]
Every applicant for a solicitor's permit shall file with the Chief of Police a sworn application in writing on a form to be furnished by the Chief of Police for that purpose, giving the following information:
a. 
Name and address of the applicant;
b. 
A brief description of the nature of the applicant's business and the goods or services to be sold or rendered; and
c. 
Whether the applicant has ever been convicted of a felony or misdemeanor, and, if so, the nature of the offense and the pertinent date and court.
[Ord. No. 7-63 § 11; amended 5-23-2019 by Ord. No. 2019-08]
Permits shall be issued to individuals only, and each individual engaging in the activity of a solicitor must obtain a separate permit.
The Chief of Police shall, subject to the provisions of Subsection 4-1.26, issue a solicitor's permit within 10 days after the filing of a proper application therefor.
Every solicitor's permit issued pursuant to this chapter shall be signed by the Chief of Police and the person to whom it is issued and shall set forth the following information:
a. 
The name and address of the person to whom the permit is issued;
b. 
The kind of goods to be sold or services to be rendered by the person to whom the permit is issued; and
c. 
The expiration date of the permit.
[Ord. No. 7-63 § 12]
No solicitor's permit may be transferred from one person to another person, and no permit shall be used at any time by any person other than the person to whom it was issued.
[Ord. No. 7-63 § 13]
Before engaging in the activities of a solicitor within the Township on any day, the holder of a solicitor's permit shall appear at the Township Police Headquarters and sign the Solicitor's Register maintained by the Chief of Police for such purpose.
Part IV
Canvassers
[Ord. No. 7-63 § 14]
It shall be unlawful for any person to engage in the activity of a canvasser within the Township without a current permit therefor issued pursuant to this chapter.
[Ord. No. 7-63 § 15]
Every canvasser's permit shall expire annually on December 31 of the year in which the permit was issued.
[Ord. No. 7-63 § 16]
Every applicant for a canvasser's permit shall file with the Chief of Police a sworn application in writing on a form to be furnished by the Chief of Police for that purpose, giving the following information:
a. 
Name and address of the applicant;
b. 
A brief description of the nature of the organization or society in behalf of which the applicant proposes to engage in the activity of a canvasser; and
c. 
Whether the applicant has ever been convicted of a felony or misdemeanor, and, if so, the nature of the offense and the pertinent date and court.
[Ord. No. 7-63 § 17; amended 5-23-2019 by Ord. No. 2019-08]
Permits shall be issued to individuals only, and each individual engaging in the activity of a canvasser must obtain a separate permit.
The Chief of Police shall, subject to the provisions of Subsection 4-1.26, issue a canvasser's permit within 10 days after the filing of a proper application therefor.
Every canvasser's permit issued pursuant to this chapter shall be signed by the Chief of Police and the person to whom it is issued and shall set forth the following information:
a. 
The name and address of the person to whom the permit is issued;
b. 
The name of the organization or society in behalf of which the holder will engage in the activity of a canvasser; and
c. 
The expiration date of the permit.
[Ord. No. 7-63 § 18]
No canvasser's permit may be transferred from one person to another person, and no permit shall be used at any time by any person other than the person to whom it was issued.
[Ord. No. 7-63 § 19]
Before engaging in the activities of a canvasser within the Township on any day, the holder of a canvasser's permit shall appear at the Township Police Headquarters and sign the Canvasser's Register maintained by the Chief of Police for such purpose.
Part V
Exemptions
[Ord. No. 7-65 § 20; Ord. No. 2002-013 § 1; Ord. No. 2003-015 § 2; Ord. No. 2008-20 § 1; amended 6-27-2019 by Ord. No. 2019-12]
The following persons are expressly exempted from the provisions of this section:
a. 
Any person who, as part of a regular course of business, is engaged in the delivery of goods to the premises of persons previously ordering or entitled to receive such goods.
b. 
Any person who, as a member of any public, civic, charitable, educational or nonprofit organization, is engaged in any fund-raising or other activity of such organization.
c. 
Any officer, employee, agent or representative of any public, charitable, educational or nonprofit organization.
d. 
Any honorably discharged veteran who holds a license issued by the Clerk of Morris County pursuant to N.J.S.A. 45:24-9.
e. 
Any exempt member of a volunteer fire department holding an exemption certificate as provided in N.J.S.A. 45:24-9.
f. 
Any member, officer, employee, agent or representative of a religious or political organization, who is engaged in any door-to-door canvassing on behalf of or for such organization.
[Ord. No. 7-63 § 21; Ord. No. 99-019 § 1; Ord. No. 2008-20 § 1; amended 5-23-2019 by Ord. No. 2019-08]
No peddler, solicitor or canvasser shall engage in such activities on Sundays or legal holidays, nor on any weekdays or Saturdays except between the hours of 9:00 a.m. and 9:00 p.m., prevailing time.
[Ord. No. 7-63 § 22]
Every person holding a license, identification card or permit issued pursuant to this chapter shall carry such license, identification card or permit with him at all times while engaged in the activity for which the license or permit was issued. Upon the request of any Police Officer or resident of the Township, every person holding a license, identification card or permit issued pursuant to this chapter is required to produce and permit examination of such license, identification card or permit.
[Ord. No. 7-63 § 23]
No person holding a license or permit issued pursuant to this chapter shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system, upon any of the streets or other public places of the Township or upon any private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets or any public places, for the purposes of attracting attention to any goods, wares or merchandise.
[Ord. No. 7-63 § 24]
No peddler, solicitor or canvasser shall cause any litter or distribute any printed material to houses in the Township by throwing or dropping such material on driveways, walks or lawns or distribute any printed material in a manner that is likely to cause it to become windblown.
[Ord. No. 7-63 § 25; Ord. No. 2003-015 § 3]
The holder of any license or permit issued pursuant to this section shall be courteous to all persons, shall not importune or annoy any of the residents of the Township and shall at all times conduct himself in a quiet, orderly and lawful manner while acting as a peddler, solicitor or canvasser within the Township.
No peddler shall have any exclusive right to any location on the public streets or on any municipally owned property, nor shall any operate from a stationary location at any site or property within the Township nor in any congested area where such operation might impede or inconvenience the public. For the purpose of this section, the judgment of a Police Officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public is impeded or inconvenienced. For the purpose of this section, any peddler's operation shall be deemed to be stationary if such operation shall be at one site or property for more than 15 minutes.
[Ord. No. 7-63 § 26]
a. 
No license or permit shall be issued to any person who has been convicted of a felony or misdemeanor involving fraud, embezzlement, larceny, robbery, or any crime of violence.
b. 
No license or permit shall be issued upon any application which contains any material misrepresentation or false statement.
[Ord. No. 7-63 § 27]
Any license or permit issued pursuant to this chapter may be revoked by the Township Committee, after notice and hearing, for any of the following causes:
a. 
Any violation of this chapter;
b. 
Fraud, misrepresentation or false statement contained in the application for license or permit;
c. 
Fraud, misrepresentation or false statement made in the course of acting as a peddler, solicitor or canvasser;
d. 
Conviction of any crime or misdemeanor referred to in Subsection 4-1.26 above; or
e. 
Unlawful conduct of such nature as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public.
Notice of the hearing for revocation of a license or permit 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 holder of the license or permit at his last known address at least five days prior to the date set for the hearing. At the hearing such holder of a license or permit and his attorney may present evidence, including the testimony of witnesses, in his defense.
[Ord. No. 7-63 § 28]
Any person aggrieved by a denial of a license or permit required by this chapter shall have the right to appeal to the Township Committee. Such appeal shall be taken by filing with the Township Clerk, within 14 days of the action complained of, a written statement setting forth fully the grounds for the appeal. The Township Committee shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in Subsection 4-1.27 for notice of hearing on revocation. At the hearing the appellant and his attorney may present evidence, including the testimony of witnesses, in his behalf.
Part VII
Penalties
[Ord. No. 7-63 § 29; New]
Any person violating any of the provisions of this section, in addition to the revocation of his license or permit, shall be liable upon conviction, to the penalty stated in Chapter 1, § 1-5.
[Ord. No. 16-77 Art. I; Ord. No. 871 § 1]
This section shall be known and cited as the Private Alarm System Ordinance of the Township of Chatham.
[Ord. No. 16-77 Art. 2; Ord. No. 8-79 § 1; Ord. No. 25-80 § 1; Ord. No. 23-84 § 1, 2; Ord. No. 02-91 § 1]
As used in this section:
FALSE ALARM
Shall mean:
a. 
Any signal or message received at the Chatham Township Police Department Command Desk to which a response is initiated and which signal or message was directly or indirectly caused or produced by a private alarm system in the absence of any criminal activity or other emergency.
b. 
Any sound by a warning device to which a response by the Chatham Township Police Department is initiated which was directly or indirectly caused or produced by a warning device in the absence of any criminal activity or other emergency.
PRIVATE ALARM SYSTEM
Shall mean any system installed to serve an improved property, store, building or other facility and designed or used for detection of fire, smoke or similar hazards, the detection of unauthorized entry, the commission of an unlawful act, or the detection of any one or more of the foregoing, or for reporting any emergency, which system communicates or causes the communication of information to the Chatham Township Police Department Command Desk. A private alarm system may be any one of the following types:
a. 
Lease line system which provides direct connection by a telephone lease line from a specific location to the Command Desk with a visual or audio signal.
b. 
Digital system which through telephone lines activates an audible alarm at the Command Desk and provides both an information read-out and a printout.
c. 
Tape dialer system which automatically alerts a telephone trunk line of the Township Police Department and then reproduces a prerecorded message.
d. 
Telephone call system which automatically selects a person, beyond the limits of the property served, who is engaged in the business of relaying information by telephone to the Township Police Department.
e. 
Radio transmitter/digital dialer system which through telephone lines and radio frequency transmission activates an audible alarm at the Command Desk and provides both an information read-out and a print-out.
WARNING DEVICE
Shall mean any device installed to serve an improved property and designed to sound an alarm by a bell, horn, siren or other noisemaking instrument located upon the property where the device is installed and audible beyond the limits of the property in the event of the presence of fire, smoke or similar hazards, unauthorized entry, the commission of an unlawful act; or any one or more of the foregoing.
Any equipment which combines the characteristics of a private alarm system and a warning device shall be classified as a private alarm system for the purposes of this section.
Notwithstanding the provisions of this subsection, a device used by a resident of the Township for the sole purpose of giving notification of a medical emergency and summoning medical assistance shall not be considered to be a private alarm system as defined herein and shall not be subject to any of the provisions of this section.
[Ord. No. 16-77 Art. 3 § 1-9; Ord. No. 8-79 §§ 2-5; Ord. No. 25-80 §§ 2-5; Ord. No. 23-84 §§ 3-6; Ord. No. 93-19 § 1; Ord. No. 2000-010 § 1]
a. 
Permit Required. No person shall install, maintain, use, or cause or permit to be used any private alarm system within the Township unless a permit has been issued by the Chief of Police of the Township in accordance with the provisions of this chapter.
No private alarm system serving a property located outside of the Township shall be connected with or cause communications to the Chatham Township Police Department Command Desk unless a permit has been issued by the Chief of Police of the municipality within which the property is located and has been approved by the Chief of Police of the Township of Chatham in accordance with the provisions of this section. The holder of a permit approved for any property located outside the Township will comply with all of the provisions of this section.
No person shall use a private alarm system during any period when the permit therefor has expired or is suspended.
b. 
Application for Permit. Any person desiring to use a private alarm system upon improved property owned or occupied by such person shall submit a written application to the Chief of Police for a permit for the system. The application shall be on a form to be furnished by the Chief of Police which shall require the following information over the signature of the applicant:
1. 
The name, address and telephone number of the applicant.
2. 
The location of the property to be served.
3. 
The name, address and telephone number of the company which will furnish and maintain the private alarm system.
4. 
The name and telephone number of a person to be notified of a faulty private alarm system at any time when no one is present on the property served by the system.
5. 
The particular type of private alarm system as defined in Subsection 4-2.2 for which the permit is sought.
c. 
Fees. At the time an application is submitted to the Chief of Police for a permit for a Lease Line System, an initial fee of $85 shall be paid to the Township for the year in which the initial permit is issued for each alarm position assigned at the Chatham Township Police Department Command Desk.
At the time an application is submitted to the Chief of Police for a permit for a Digital System, an initial fee of $60 shall be paid to the Township for the year in which the initial permit is issued.
At the time an application is submitted to the Chief of Police for a Tape Dialer System or a Telephone Call System, an initial fee of $35 shall be paid to the Township for the year in which the initial permit is issued.
At the time an application is submitted to the Chief of Police for a Radio Transmitter/Digital Dialer System, an initial fee of $30 shall be paid to the Township for the year in which the initial permit is issued.
At the time an application is submitted to the Chief of Police for a permit for an Outside Audible Alarm System, an initial fee of $25 shall be paid to the Township for the year in which the initial permit is issued.
The aforesaid fees shall not be prorated by reason of the date upon which an application is filed, but the fee shall be refunded to the applicant in the event that a permit is not issued.
d. 
Investigation and Issuance of Permit. The Chief of Police shall issue a permit for a private alarm system unless he finds that the system covered by the application does not meet applicable standards. Whenever the Chief of Police shall refuse to issue a permit, he shall advise the applicant in writing of the reason or reasons for refusal.
e. 
Expiration and Renewal of Permit; Renewal Fees. Every permit for a private alarm system shall expire on December 31 of the year in which it is issued.
Every application for the renewal of a permit for a Lease Line System shall be accompanied by an annual fee of $85 for each alarm position assigned at the Chatham Township Police Department Command Desk.
Every application for the renewal of a permit for the Digital System shall be accompanied by an annual fee of $60 for each such system.
Every application for the renewal of a permit for a Tape Dialer System or a Telephone Call System shall be accompanied by an annual fee of $35 for each such system.
Every application for the renewal of a permit for a Radio Transmitter/Digital Dialer System or a Telephone Call System shall be accompanied by an annual fee of $35 for each such system.
Every application for the renewal of a permit for an Outside Audible Alarm System shall be accompanied by an annual fee of $25 for each such system.
Application and fees for permit renewals shall be made prior to the expiration of the current permit.
Applicants are subject to a mandatory late payment fee of $20 in addition to any other penalties that may be imposed by law.
f. 
Terms and Conditions of Permit. All permits for private alarm systems shall be issued upon the following terms and conditions:
1. 
A permit shall be issued for each separate improved property, store, building or other facility, and no permit shall be transferred or assigned in any manner.
2. 
All warning devices which are incorporated in a private alarm system shall be equipped with a mechanism which will automatically reset the device so as to limit the audible signal of the alarm to a period of no more than 20 continuous minutes.
3. 
If required, an applicant shall furnish complete information and specifications for the system. Such information shall include specific data relating to testing procedures and the prevention of false alarms.
4. 
Every private alarm system shall be maintained in proper working condition and shall meet standards which may from time to time be promulgated by the Chief of Police to prevent faulty systems.
5. 
Any private alarm system connected directly to the Township Police Department command desk shall have a voltage compatible therewith.
6. 
No private alarm system which automatically dials a telephone trunk line at the Township Police Department shall dial any number except one specified by the Chief of Police.
7. 
Any prerecorded telephone message to the Township Police Department resulting from the operation of a private alarm system shall be worded in a form approved by the Chief of Police.
8. 
No prerecorded telephone message to the Township Police Department resulting from the operation of a private alarm system shall repeat for a continuous period of more than three minutes.
9. 
Every permit shall be subject to rules and standards which may be promulgated by the Chief of Police with respect to private alarm systems. Such rules shall be in writing and shall be given to each permittee at the time of issuance or renewal of any permit or at the time of promulgation or amendment.
10. 
Whenever following the issuance of a permit pursuant to this section there is a change in the information previously provided by the applicant, the holder of the permit shall promptly notify the Chief of Police of the Township of such change.
g. 
Suspension of Permit; Termination of Suspension. Any permit issued for a private alarm system may be suspended by the Chief of Police if it shall appear that:
1. 
The permittee has failed to comply with the terms and conditions of the permit or has failed to comply with rules or standards promulgated by the Chief of Police with respect to private alarm systems;
2. 
The permittee or his agents failed to immediately comply with a request by a member of the Chatham Township Police Department to proceed to a property served by a private alarm system for purposes of providing access to a building or deactivating or resetting the system;
3. 
The permittee or his agents knowingly installed or maintained a faulty private alarm system; or
4. 
The permittee or his agents failed to comply with a request by the Chief of Police to render necessary services to a faulty private alarm system within 36 hours after such request is made or failed to disconnect such system within such period and until such system has been repaired.
Five false alarms within any calendar year shall constitute prima facie evidence that a private alarm system is faulty.
In the event that the Chief of Police shall determine that a permit for a private alarm system should be suspended by reason of the provisions of this section, the Chief of Police shall notify the permittee of the suspension in writing by certified mail to his last known address, setting forth the reason or reasons for the suspension.
A suspension shall be terminated by the Chief of Police when he is satisfied that the conditions stated in the notice of suspension have been corrected.
h. 
Appeal. Any person aggrieved by the action of the Chief of Police in the denial or suspension of a permit for a private alarm system shall have the right of appeal to the Township Committee. The appeal shall be taken by filing with the Township Clerk, within 14 days after the notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for appeal. The Township Committee shall set a time and place for hearing of the appeal, and notice of the hearing shall be given to the appellant by certified mail to his last known address at least five days prior to the date set for hearing. The decision of the Township Committee and the reasons therefor shall be set forth in the minutes of the Township Committee.
i. 
Prohibition Against New Tape Dialer Systems. No application for initial permits shall be filed or accepted for any Tape Dialer System. This prohibition against new Tape Dialer Systems shall have no effect upon the renewal of a permit for any such system for which an initial permit has previously been issued.
[Ord. No. 16-77 Art. 4 § 2; Ord. No. 23-84 § 7]
a. 
Notification of Use. Every person who installs, maintains or uses a warning device with the Township shall notify the Chief of Police of such device by completing and filing with the Chief of Police a form to be furnished by the Chief of Police providing for the following information:
1. 
The name, address and telephone number of the owner or occupant of the property served by the warning device.
2. 
The location of the property served.
3. 
The name, address and telephone number of any company maintaining the warning device.
4. 
The name and telephone number of a person to be notified of a faulty warning device at any time when no one is present on the property served by the warning device.
b. 
Proper Maintenance. All warning devices shall be equipped with a mechanism which will automatically reset the device so as to limit the audible signal of the alarm to a period of no more than 20 continuous minutes. Every person who installs, maintains or uses a warning device to serve an improved property within the Township shall promptly correct or disconnect any faulty device upon notice from the Chief of Police. Five false alarms within any calendar year shall constitute prima facie evidence that a warning device is faulty.
[Ord. No. 16-77 Art. 5; Ord. No. 8-79 § 6]
Neither the Township nor the Township Police Department shall assume any responsibility whatsoever with respect to the adequacy, operation or maintenance of any private alarm system or warning device. No action taken by the Township or the Township Police Department pursuant to the provisions of this section shall create any liability upon the Township or the Township Police Department by reason of any failure of any private alarm system or warning device; any failure to respond to any emergency or any act of omission or commission relating to any private alarm system or warning device. Every permittee who accepts a permit for a private alarm system or warning device agrees to hold and save harmless the Township, its agents and employees from any liability whatsoever in connection with the system or device covered by the permit or its operation.
[Ord. No. 16-77 Art. 6; Ord. No. 23-84 § 8; Ord. No. 99-018 § 1]
If in any calendar year a private alarm system or warning device serving a property located within the Township causes false alarms in excess of four, the permit holder shall be assessed the following service fees:
5th False Alarm
$50
6th False Alarm
$100
7th False Alarm
$150
8th False Alarm
$200
9th False Alarm and each additional
$200
All service fees shall be paid within 10 business days after written notification is received by the permit holder. Failure to pay false alarm service fees will result in immediate revocation of the permit, effective upon receipt of notice by the permit holder.
If a service fee is not paid within the prescribed period of time and the revocation of the permit occurs, there will be an additional fee of $20 that must be paid by the permit holder prior to the re-hookup of their private alarm systems.
All notices required by this section shall be sent to the last known address of the permit holder by certified mail, return receipt requested.
[Ord. No. 8-72 § 1]
As used in this section:
OPERATE A MOVIE THEATER
Shall mean to conduct, maintain, or otherwise provide facilities for viewing of motion pictures for profit.
PERSON
Shall mean any individual, firm, corporation, partnership, association, society, club, or other organization.
TOWNSHIP
Shall mean the Township of Chatham in the County of Morris, New Jersey.
[Ord. No. 8-72 § 2]
a. 
No person shall operate a movie theater as defined in Subsection 4-3.1 of this chapter within the Township unless a currently valid license therefor has been issued by the Township.
b. 
Every license issued pursuant to this chapter shall be displayed in a conspicuous place on the premises where it may be readily observed by all patrons.
c. 
No person shall operate a movie theater whose license therefor is suspended or revoked.
[Ord. No. 8-72 § 3]
Applications for a license to operate a movie theater shall be made in duplicate upon a form available in the office of the Township Clerk. Such application shall set forth the following information:
a. 
Name and address of the owner of the property upon which the movie theater is located;
b. 
Location of the movie theater;
c. 
Name and address of the person who is to operate the movie theater; and
d. 
Name under which the movie theater is to be operated.
[Ord. No. 8-72 § 3]
Licenses issued pursuant to this section shall expire annually on December 31 of the year during which the license is issued.
[Ord. No. 8-72 § 3]
Every applicant before being issued a license shall pay to the Township a license fee of $150. In the case of new applications, such fee shall be pro-rated on a monthly basis.
[Ord. No. 8-72 § 3]
No license issued pursuant to this section shall be transferable in any manner.
[Ord. No. 8-72 § 4]
Prior to the issuance of a license pursuant to this section the Building Subcode Official and Fire Marshal shall make an inspection of the premises for assurance that the movie theater complies with the Township Building Code, Township Fire Prevention Code, or any other applicable regulation.
[Ord. No. 8-72 § 5]
A license issued pursuant to this section may be suspended or revoked by the Township Committee for failure to comply with provisions of the Township Building Code, Township Fire Prevention Code, or any other applicable regulation.
[Ord. No. 8-72 § 6; New]
Any person who violates any of the provisions of this section shall be liable, upon conviction, to the penalty in Chapter 1, § 1-5. Each and every day a violation continues shall be considered a separate offense.
[Ord. No. 7-67 § 1]
As used in this section:
BOARD OF HEALTH
Shall mean the Board of Health of the Township of Chatham.
OPERATE A SWIMMING POOL
Shall mean to conduct, maintain or otherwise provide facilities for swimming, bathing, wading or aquatic recreation at a swimming pool.
PERSON
Shall mean any individual, firm, corporation, partnership, association, society, club or other organization.
PRIVATE SWIMMING POOL
Shall mean any pool which is established or maintained as an accessory to a single-family residence and available only to the family of the occupant of the residence and his guests without payment of any fee, remuneration or contribution of any thing of value.
SWIMMING POOL
Shall mean and include all pools or bodies of water, other than private swimming pools as hereinafter defined, which are used or intended to be used to provide recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto.
TOWNSHIP
Shall mean the Township of Chatham in the County of Morris, New Jersey.
[Ord. No. 7-67 § 2]
a. 
No person shall operate a swimming pool as defined in § 4-4 within the Township unless a currently valid license has been issued by the Township.
b. 
Every license issued pursuant to this section shall be displayed in a conspicuous place on the premises where it may be readily observed by all patrons.
c. 
No person shall operate a swimming pool whose license therefor is suspended or revoked.
[Ord. No. 7-67 § 3]
Applications for a license to operate a swimming pool shall be made in triplicate upon a form available in the office of the Township Clerk. Such application shall set forth the following information:
a. 
Name and address of the owner of the property upon which the swimming pool is located;
b. 
Location of the swimming pool;
c. 
Name and address of the person who is to operate the swimming pool; and
d. 
Name under which the swimming pool is to be operated.
[Ord. No. 7-67 § 3]
Licenses issued pursuant to this section shall expire on the last day of December of the year during which the license is issued.
[Ord. No. 7-67 § 3; Ord. No. 9-72 § 1]
Every applicant before being issued a license shall pay to the Township a license fee of $150.
[Ord. No. 7-67 § 3]
No license issued pursuant to this section shall be transferable in any manner.
[Ord. No. 7-67 § 4]
The Township Clerk shall forward one copy of every application for a license to operate a swimming pool to the Board of Health. No license to operate a swimming pool shall be issued pursuant to this section unless and until the Board of Health shall have certified upon the application that the swimming pool meets the applicable requirements of the Board of Health ordinance entitled BH-3-66 An Ordinance to Regulate and Control the Operation of Certain Swimming Pools in the Township of Chatham in the County of Morris, New Jersey, as amended or supplemented.
[Ord. No. 7-67 § 5]
A license issued pursuant to this section may be suspended or revoked by the Township Committee for failure to comply with the aforementioned Board of Health Ordinance BH-3-66, as amended or supplemented, or any other applicable regulation.
Whenever any license is suspended or revoked, the person to whom such license was issued shall be entitled to a hearing before the Township Committee within 15 days after written request therefor is made to the Township Committee. Upon such hearing or within 10 days thereafter the Township Committee shall affirm, alter or rescind the suspension or revocation.
[Ord. No. 7-67 § 6; New]
Any person who violates any of the provisions of this section shall be liable to the penalty stated in Chapter 1, § 1-5. Each and every day such violation continues shall be considered a separate offense.
[Ord. No. 2000-012 § 1]
No person shall operate an autocab, limousine or livery service as those terms are defined at N.J.S.A. 48:16-13, within the Township without having complied with the requirements of Chapter 16, Article 2. Autocabs [Limousines or Livery Service] of the New Jersey Statutes (N.J.S.A. 48:16-13 et seq.).
[Ord. No. 2000-012 § 2]
A license fee of $25 shall be charged for each vehicle of any limousine or livery service for each year of registration or renewal thereof with the Township.
[Ord. No. 2005-012 § I]
The purpose of this section is to provide standards, regulations and a model schedule of towing and storage services and rates thereof for licensed police requested and non-preference towing and storage services. Said services shall be provided under the supervision of the Police Department of the Township of Chatham.
[Ord. No. 2005-012 § I]
As used in this section, the following terms shall have the meanings indicated.
AUTHORIZED TOWING OPERATOR
Shall mean a towing operator who is licensed under this section to do police required towing for the Chatham Township Police Department.
AUTOMOBILE
Shall mean a private passenger or station wagon type motor vehicle owned or hired, and a motor vehicle with a pickup body, or delivery sedan, a van, or a panel truck or a camper type vehicle used for recreational purposes, owned by an individual or by husband or wife who are residents of the same household, and not customarily used in the occupation, profession or business of the insured, other than farming or ranching which does not exceed 8,000 pounds GVW. For purposes of this section "automobile" shall also include motorcycles, all terrain vehicles or other self-propelled vehicles operating on the streets of the Township. The term "automobile" shall also include the term "vehicle".
BASIC TOWING SERVICE
Shall mean the removal and transportation of an automobile from a highway, street or other public or private road, or a parking area, or from a storage facility, and any other services normally incident thereto, but not including recovery of an automobile from a position beyond the right-of-way or harm, or from being impaled upon any other object within the right-of-way or harm. Basic towing service shall include vehicles involved in a motor vehicle accident, recovered stolen vehicles, impounded vehicles, abandoned vehicles, disabled vehicles and any other vehicle the police request be towed. Basic towing services shall also include the removal of detached parts from the accident scene and the sweeping or other removal of general accident debris from the traveled roadway at no additional charge.
CRUISING
Shall mean the operation of an unengaged tow truck along the public streets in any fashion intended likely or calculated to solicit business.
DAY RATE
Shall mean the rate charged for the hours from 8:00 a.m. to 4:30 p.m. Monday to Friday.
FLATBED TOW TRUCK
A flat bed tow truck shall have a minimum chassis rating of 14,500 pounds GVWR and shall be equipped with at least a nineteen-foot tilt bed with a winch with a minimum capacity of 8,000 pounds.
INSIDE BUILDING
Shall mean a vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles that is secured by a locking device on each opening.
LABOR
Shall mean additional manpower needed to perform towing or recovery work beyond that normally incidental to the basic towing service.
LIGHT DUTY WRECKER
A light duty wrecker shall have a minimum chassis rating of 11,000 pounds GVWR and shall have a 3,000 pound minimum wheel lift capacity, 8,000 pound minimum winch capacity and 8,000 pound minimum hydraulic boom capacity. The garage from which a light duty wrecker originates must be equipped with a portable car dolly.
MOTOR VEHICLE ACCIDENT
Shall mean an occurrence in which an automobile comes in contact with any other object for which the automobile must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the insured even if they were caused by the intentional acts of a perpetrator such as vandalism or fire. See Fun v. Metropolitan Life Insurance Co., 111 N.J. Super. 596, 270 A. 2d 69, 72 (Law Div. 1970).
OUTSIDE SECURED
Shall mean an automobile storage facility that is not indoors and is secured by a fence, wall or other manmade barrier that is at least six feet high and is installed with a passive alarm system or a similar on-site security measure. The facility is to be lighted from dusk to dawn.
OUTSIDE UNSECURED
Shall mean an automobile storage facility that is not indoors and is not secured by a fence, wall or other manmade barrier, and all other storage facilities not defined above as inside building or outside secured, and/or operates, parks or abandons a vehicle on the roads and highways within the Township of Chatham, which vehicle by reason of being disabled or being unlawfully upon said roads requires towing services.
OWNER
Shall mean a person, firm, corporation or other entity who owns, leases and/or operates, parks or abandons a vehicle on the roads and highways within the Township of Chatham, which vehicle by reason of being disabled or being unlawfully upon said roads requires towing services.
STORAGE CHARGE
Shall mean the maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
TOW VEHICLE (TOW TRUCK)
Shall mean those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of private passenger automobiles.
TOW VEHICLE BASE OF SERVICE
Shall mean towing operator's principal place of business where the tow vehicle is stationed when not in use.
TOWING OPERATOR
Shall mean a person, firm, corporation or other entity engaged in the business of providing tow truck services and storage services for vehicles towed, which services are made available to the general public.
WRECKER
Unless the context otherwise indicates, wrecker shall refer to and identify the person, firm, or entity engaged in the physical removal or transport of vehicles.
YARD TOW
Shall mean removal of the automobile or truck from the towing yard at the owner's discretion for the benefit of another towing contractor who is taking the automobile or truck from the storage site and whose tow vehicle is physically unable to gain access to the automobile or truck while it is inside the storage yard.
[Ord. No. 2005-012 § II]
a. 
The Police Department shall have the power to direct wreckers and towing operators to remove vehicles at the expense of the vehicle owner in accordance with the schedule of rates as set forth in this section where:
1. 
There is obstruction of a public right-of-way or private property.
2. 
An eligible handicapped person requests that a Police Officer remove and store a motor vehicle unlawfully parked in a parking space or zone which is restricted for use by handicapped persons in accordance with N.J.S.A. 39:4-207.7.
3. 
A vehicle has been vandalized or presents a fire or safety hazard or an attractive nuisance.
4. 
An abandoned vehicle bears no discernible registration or identification data.
5. 
A vehicle is not licensed or registered.
6. 
A vehicle is not operable.
7. 
A vehicle is violating any emergency no-parking provisions as set forth in Township of Chatham codes.
8. 
An uninsured vehicle is located on the public streets.
9. 
Removal is permitted or required by law.
[Ord. No. 2005-012 § III]
a. 
Control by Police Department.
1. 
The licensing of wreckers and towing operators, and the determination of the adequacy and sufficiency thereof and the enforcing of the provisions of this section shall be under the control of the Police Department pursuant to N.J.S.A. 40:48-2.49(c).
b. 
License Required; Expiration.
1. 
Any wrecker and towing operator that intends to provide basic towing services upon the streets of the Township of Chatham under the provisions of this section must first obtain a license for all vehicles used for such services. All licenses under this section shall be issued to expire and shall expire on December 31 next succeeding the date of issuance unless sooner suspended or revoked by the Chief of Police as hereinafter provided.
c. 
License Fees. For each year or any part thereof, each application for licensing under this section shall be accompanied by a fee of $50 plus $5 for each wrecker and tow truck.
d. 
Application Process. Application for a license issued hereunder shall be made by the owner of the towing and storage service upon forms furnished by the Chief of Police. All completed license applications are to be submitted to the Chief of Police. Applicants must submit the following information:
1. 
The name, home address and proposed or actual business address of the applicant and that the applicant is the owner.
2. 
Description of the flatbed(s) or wrecker(s) for which the license is desired, including the year, model, make, type, and vehicle identification number.
3. 
List of drivers and photocopy of drivers' licenses.
4. 
A statement that the applicant has available spaces for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place at which they are disabled; this available space shall be identified by street address and lot and block number; the applicant shall certify that he either owns the property or has the right to use the property for accommodating the disabled vehicle. Such property must be no more than five miles from the corporate boundary of the Township of Chatham.
5. 
The license number of vehicles; photocopy of all registrations; proof that all vehicles have been inspected.
6. 
A certification that the applicant will maintain the necessary equipment and required standards throughout the term of the permit and shall notify the Chief of Police upon change of any information set forth in the application.
7. 
Such other information which the Chief of Police shall deem necessary or proper to effectuate the purpose of this section and full protection of the public interest.
8. 
Certificate(s) of insurance.
9. 
Proof of the applicant's ability to respond to a police call within 15 minutes of that call between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday and within 20 minutes at all other times, weather permitting.
e. 
Standards for Approval by Chief of Police.
1. 
The Chief of Police shall review and approve the issuance of all wrecker licenses upon the following findings that:
(a) 
The applicant is of good moral character.
(b) 
The public convenience and necessity will be served by the use of wreckers for which application is made.
(c) 
The requirements of this section and all other governing laws, statutes, ordinances and rules and regulations pertaining to wreckers and tow trucks are met.
(d) 
The wreckers and tow trucks are properly licensed and inspected where required by the State of New Jersey.
(e) 
No vehicle to be licensed as a wrecker or tow truck in the Township of Chatham uses dealer license plates.
(f) 
All wreckers and tow trucks have an amber light permit.
2. 
The following may be required of applicants:
(a) 
Background check by municipal Police Department.
(b) 
Criminal background check. Criminal convictions will cause disqualification unless waived for cause.
(c) 
Check of accuracy of application information.
(d) 
Satisfactory Better Business Bureau Report.
(e) 
References.
(f) 
Proper business/trade licenses.
f. 
Conditions of License.
1. 
All wrecker and tow operator licenses shall be issued hereunder subject to the following conditions:
(a) 
No licensee, his agent or driver shall solicit, demand or receive from any person any pay, commission or emolument whatsoever, except the appropriate fee authorized for transporting disabled vehicles in accordance with the schedule of service rates set forth in this section, nor give or offer to give any gratuities, fees or other compensation or gifts to any member of the Police Department.
(b) 
Licensees, their agents and servants shall keep and maintain towing equipment which is adequate to perform such towing in a reasonably workmanlike manner.
2. 
Police Department to establish rules and regulations.
(a) 
The Police Department is hereby authorized and empowered to establish, from time to time, rules and regulations not inconsistent with this section as may be necessary and reasonable governing any license provided for in this section.
3. 
Registry of Licenses.
(a) 
The Police Department shall keep a register of the names of such persons owning, leasing or operating a vehicle or vehicles licensed under this section.
4. 
Issuance of License.
(a) 
Upon satisfactory fulfillment of the requirements of this section and upon approval of the Chief of Police or other member of the Police Department designated by him and receipt of the fee for each wrecker and tow operator license and certificate of insurance, the recommendation for a license shall be made to the governing body. If the governing body passes a resolution approving the licenses, the Township Clerk shall then issue a license.
5. 
Suspension/Revocation.
(a) 
An authorized wrecker or towing operator may be suspended by the Chief of Police for good cause upon issuance of a written complaint following his/her determination that there is probable cause for suspension based upon violation of this section. Written notice of such complaint and the basis of the complaint shall be given to the towing operator, and said towing operator shall be entitled to a hearing before the Chief of Police prior to final determination of the complaint by the Chief of Police.
(b) 
If upon full hearing the Chief of Police decides there have been violations of this section he/she may then suspend said towing operator. The Chief of Police shall cause a hearing to be held and shall so notify the licensee not less than 15 days before the date of such hearing for suspension or revocation upon written charges; and said applicant shall file written answers thereto not less than two days prior to said hearing. Said licensee shall be entitled to be represented by counsel and present his defense thereto.
(c) 
Suspension/revocation may be based on, but not limited to, the following reasons:
(1) 
Fraudulent or inaccurate application information.
(2) 
Violation of Township regulations.
(3) 
Unsatisfactory service.
(4) 
Violation of Department of Insurance Rules.
[Ord. No. 2005-012 § IV]
a. 
Equipment Requirements. All applicants for licenses must establish that they own, lease or will obtain prior to the effective day of such license the following equipment. Such equipment shall be inspected by the Chief of Police or his/her authorized representative and shall be principally garaged not more than five miles from the Township boundaries.
1. 
One light duty wrecker with a minimum chassis rating of 11,000 gross pounds. Gross vehicle weight rating and equipped with a minimum 8,000 pound hydraulic boom, 8,000 pound minimum winch and 3,000 pound minimum wheel lift.
2. 
One flat bed tow truck.
3. 
All vehicles must be equipped with two-way radios, cellular telephones or other non-land line based communications to a base of operations.
4. 
Equipment available to remove disabled or abandoned motor vehicles, motorcycles and mopeds with or without wheels and totally inoperable motor vehicles, motorcycles and mopeds.
5. 
Safety equipment to be carried on all trucks shall include universal towing sling; except flatbeds or roll back trucks, hooks and chains; one snatch block for 3/8 to 1/2 inch cable; two high-test safety chains; auxiliary safety light kit to place on rear of towed vehicle; four-lamp or three-lamp revolving amber light or lamp bars; toolbox with assortment of hand tools; rear working lights and rear marker lights; cab lights; body-clearing lights located to clear towed vehicle; blocking choke for wrecker while working; safety cones; shovel; broom; steering wheel lock or tie down.
6. 
All tow trucks must be properly lettered on both sides as provided by law.
7. 
All trucks must be maintained and operated in accordance with all existing traffic regulations and in a safe and prudent manner.
[Ord. No. 2005-012 § V]
a. 
All applicants for licenses must establish that they can meet the following requirements for storage of towed vehicles.
1. 
Each wrecker and towing operator is responsible for safe storage and must have available a storage area for properly accommodating outside secured storage for five vehicles which have become disabled or otherwise removed to his place of business.
2. 
The storage facilities shall have proper sign identification in a prominent location and in the principal office of the towing company where the general public is admitted, showing the hours when the vehicle may be released. Such hours to be subject to the approval of the Chief of Police, with a minimum of 10 hours per day Monday through Friday and five hours per Saturday, excluding Sunday and holidays, as well as the price for towing and daily storage rates. A business card will be supplied by the towing operator to the owner or driver at the scene stating business address and hours.
3. 
Each wrecker and towing operator must comply with all Township ordinances for storage of said vehicles. A small lot plan must be submitted to the Chief of Police for review by the Township enforcement personnel prior to approval of towing for the Township.
4. 
Nothing in this section shall be construed to permit the storage of vehicles outside of any building in violation of any provision of the general ordinances of the Township of Chatham.
[Ord. No. 2005-012 § VI]
a. 
Each applicant for license shall submit proof of the following insurance:
1. 
Liability insurance in the amount not less than $1,000,000,000 for any one claimant, $2,000,000 for more than one claimant, and $1,000,000 coverage for property damage for any one event.
2. 
Workers Compensation as required by statute.
3. 
Garage keepers liability in the amount not less than $100,000.
4. 
Garage liability in an amount not less than $1,000,000 combined single limit.
5. 
Complete protection to Township of Chatham against any and all risks of loss or liability including comprehensive general liability. The towing operator will indemnify or property damage against the Township arising out of the operation of any towing services or repair service under this agreement. The towing operator will further defend the Township of Chatham at the operator's expense, in connection with any claim, demand, suit or action brought against the Township and arising out of the operation of any towing, garage, storage or repair services under this agreement.
6. 
Endorsement providing collision coverage for vehicles in tow.
7. 
Coverage extending for the entire term of the license.
8. 
Qualifications of insurance company, including, but not limited to, authorization to do business in New Jersey and rating of no less than A.
9. 
A provision that the Chief of Police will be notified of any policy cancellation at least 30 days before the cancellation. If the policy or certificate is not corrected, reinstated or replaced prior to the date of cancellation, the Chief of Police shall pick up from the owner all indication of licensing in the Township of Chatham.
[Ord. No. 2005-012 § VII]
a. 
All wreckers and towing operators and their drivers shall be fully trained and knowledgeable in the operation of all required equipment.
b. 
All drivers will relay information as soon as possible to the Police on all crimes, disabled vehicles, accidents, disasters, etc.
c. 
Wrecker and towing operator employees who drive vehicles on the Township roads or highways traversing said Township, must have proper valid New Jersey drivers licenses, they shall be of good moral character, mentally alert, and present a neat appearance at all times.
d. 
The wrecker or towing operator on duty must have any and all equipment which may be required to be available and ready to respond to the scene within 15 minutes of a call between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday and within 20 minutes of a call at all other times, weather permitting. The Chief of Police shall be the sole arbitrator as to compliance with the required response time.
e. 
It shall be the obligation of the towing operator to immediately notify the Police in the event that said towing operator is wholly or partially not operational due to mechanical failure or personnel insufficiency. Upon such notification the Police may use another towing operator who is authorized by the Chief of Police.
f. 
Wreckers and towing operators will not respond to or stop at any accident scene unless directed by the Police, unless it is to notify the Police of an emergency. The stop shall not give the wrecker or towing operator a right to tow without Police permission.
g. 
Wreckers and towing operators will be responsible for all vehicles and contents in their custody that were towed off the roadway under the direction of the Police.
h. 
Wreckers and towing operators will notify the Police on a monthly basis if they are in custody of any unclaimed vehicles.
i. 
Wreckers and towing operators will cooperate with other operators in the case of emergency services at the scene of accidents and/or disasters.
j. 
No vehicle will be removed from the Township's roads or highways traversing said Township without proper authorization from the Police at the scene, or owner as the case may be.
k. 
All vehicles impounded or confiscated will not be released without proper authorization from the Police Department.
l. 
The Police Officer investigating the incident is in complete charge of the incident scene, and all drivers shall comply with the officer's instructions.
m. 
It is understood and agreed by the wrecker or towing operator that the Police shall in no way be liable to towing operator for any services whatsoever, which may be rendered to motor vehicles, and the towing operator will look to the driver or last registered owner of such vehicles for compensation.
n. 
The owner or operator of a motor vehicle, motorcycle or moped may choose another wrecker or towing operator which is not an authorized police towing operator under the following conditions:
1. 
The vehicle is not a hazard or in a hazardous position, which can be determined by the Police and/or Fire Officer in charge at the scene, or
2. 
The vehicle does not disrupt the flow of normal traffic and can be removed within a reasonable amount of time determined by the officer in charge at the scene.
o. 
Tow truck drivers will request Police assistance during the course of servicing, when they find it necessary to turn around, back up, tow in the opposite direction, etc. if any of the above maneuvers would constitute a hazard to the motoring public.
[Ord. No. 2005-012 § VIII]
a. 
No wrecker or towing operator shall engage in cruising as defined in the section.
b. 
No wrecker or towing operator shall solicit or attempt to divert patrons of another towing operator, nor shall a towing operator solicit or divert prospective patrons of a given repair service to any other repair service, nor shall any Police Officer designate or suggest any towing operator to perform service.
c. 
No flashing lights or siren shall be used by a wrecker or towing operator except as granted by the Chief of Police in and/or under the provisions of N.J.S.A. 39:3-1 et seq. and N.J.A.C. 13:24-4.1.
d. 
All wreckers and tow trucks shall contain a card, decal or metal plate, to be furnished by the Police Department, affixed to a prominent portion of the wrecker or tow truck, as directed by the Police Department, where it can be easily read, stating the license number of the vehicle.
e. 
The governing body hereby designates the Police Department generally, and the Chief of Police particularly, as the supervising authority to enforce the provisions of this section as well as the rules and regulations adopted hereunder with the ultimate authority vesting with the Township Committee of Chatham.
f. 
Prior to the end of the year, in the month of December, each wrecker or towing operator authorized to tow for the Police Department shall be inspected for fitness by a representative of the Police Department.
g. 
Each wrecker or towing operator, prior to departure from the scene of towing services, shall clean and clear the streets of any customary debris resulting from any accident at such scene and shall at all times carry the necessary equipment to perform such cleaning services as required by 39:4-56.8.
h. 
Refusal to tow at the scene of the incident shall be reported by the Police Officer assigned to the incident to his supervisor. The supervisor shall respond to the scene and if unable to correct the situation will file a written report with the Chief of Police.
i. 
Wreckers and towing operators shall arrive at the scene to which dispatched within a reasonable time after being dispatched. Under normal circumstances, such reasonable time limit is defined as 15 minutes of that call between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday and within 20 minutes at all other times, weather permitting. The Police Department shall reserve the right to obtain the services of another authorized wrecker or towing operator required for failure to respond in the required time, equipment or failure to meet the provision of said ordinance.
j. 
Where no storage designation by an owner or Police has been made, authorized towing operators are authorized to remove the vehicle to the towing operator's place of business.
k. 
Where a vehicle is towed to premises controlled by the Police Department for the purpose of utilizing the vehicle or its contents as evidence, or for other purposes, such vehicle shall not be released from police custody unless the owner of the vehicle furnishes the Police Department with a receipt that towing service fees have been paid. When, in fact, a vehicle is released by Police without the proper receipt, the Township of Chatham shall be responsible for said charges, but may pursue its remedy against said owner, driver or person responsible.
l. 
No authorized police wrecker or towing operator shall employ, directly or indirectly, any sworn officers of the Township of Chatham.
m. 
Disabled motor vehicles to be towed or otherwise removed from the place where they are disabled shall not be stored or allowed to remain on public property, any street, or on any property in the Township of Chatham which is not zoned for such storage.
n. 
In the event that a salvage title is obtained for a towed vehicle, the Township of Chatham Police Department shall notify the wrecker or towing operator that towed the vehicle and advise them to submit a voucher for the towing fee.
o. 
Such additional rules and regulations as may be promulgated by the Township Committee pursuant to this section shall take effect after notification of such rules and regulations upon all authorized police towing operators. Service shall be made by hand delivering to the authorized wrecker or towing operator or his designee.
[Ord. No. 2005-012 § IX]
In order to assure provision of safe and efficient towing service, all authorized wreckers and towing operators, pursuant to this section, shall be allowed to tow for the Township of Chatham Police Department.
a. 
Each authorized wrecker or towing operator shall be placed on a rotational list as compiled by the Chief of Police of the Township of Chatham. Such wreckers and towing operators shall be called upon to respond to the needs of the Chatham Police Department on a rotational basis determined by the Chief of Police.
1. 
Should any authorized wrecker or towing operator not wish to be placed on the on-call list, the Police Department is to be notified in writing.
b. 
Such additional rules and regulations regarding the rotation of wreckers and towing operators as may be hereafter promulgated by the Chief of Police shall take effect immediately after service of a copy thereof on the holder of all licenses for wreckers in the Township as set by sending ordinary mail a copy of additional rules and regulations to said licensee's business address.
c. 
No on-call licensee shall respond to the scene of an accident, except upon notification by the Police Officer in charge in the Police Headquarters or upon the request of the driver or owner of a disabled vehicle.
d. 
It shall be the obligation of the wrecker or towing operator to immediately notify the police in the event that said wrecker or towing operator is wholly or partially not operational due to mechanical failure or personnel insufficiency. Upon such notification the police may use another licensed police towing operator.
e. 
If any licensee performing on the rotating on-call list towing service is called on rotation and fails to respond on refuses to respond, and does not perform on-call service, the call shall be reviewed by the Police Department. If an appropriate response is not made by the licensee, removal from the on-call list may be made by the Chief of Police.
f. 
Each and every licensee on on-call service hereunder shall record in a book kept solely for such purpose the details of each disabled vehicle towed, serviced and/or transported by him or his agents or servants or employees, together with full information concerning the details surrounding the hire, the name of the owner of the towed vehicle and/or patron engaging him, which book shall be kept for inspection at any time so requested by a duly authorized representative of the Township of Chatham Police Department.
g. 
Nothing within this section shall prevent an owner, lessee, agent or driver of a vehicle which is disabled from calling a wrecker or towing operator of his own choice to remove his vehicle, except in instances governed by the powers of the Police Department as set out in these ordinances.
[Ord. No. 2005-012 § X]
All licensed wreckers and towing operators must charge according to the following schedule of rates for any services rendered under the on-call provisions of this section:
a. 
Charges for the basic towing of vehicles within the limits of the Township by any authorized wrecker or towing operator shall not exceed $90 for a daytime fee (8:00 a.m. to 4:30 p.m. Monday through Friday) and $110 for a nighttime fee (4:30 p.m. to 8:00 a.m. weekends and New Jersey State Holidays). In addition, the wrecker or towing operator shall be permitted to charge $1.75 for each mile the vehicle is towed within Township limits.
b. 
For conveying a truck, trailer or omnibus, the sum shall be determined by mutual agreement in writing before hiring.
c. 
For any additional work beyond the basic towing service, the fees shall be as follows:
1. 
Recovery - Recovery is when a vehicle is off the roadway, or on the roadway overturned, or in any position other then normal towing position. Recovery charges are in addition to any towing charges. $100 days, $150 nights, weekends and New Jersey State holidays.
2. 
Clean Up Scene - Labor performed at the scene to clean up debris and/or to provide and spread absorbent material. $25.
3. 
Waiting Time - Time spent at the scene standing or waiting, including for extrication of victims of police investigation. $30 per half-hour days, $40 per half-hour nights, weekends and New Jersey State holidays.
4. 
Additional Manpower - Charged when additional employees are required other than the tow truck operator to assist in the recovery of the vehicle. $30 per half-hour days, $40 per half-hour nights, weekends and New Jersey State holidays.
5. 
Road service for flat tires, dead batteries, out of gas. $50 per call days, $75 per call nights, weekends and New Jersey State holidays.
6. 
Outside Storage Rates:
Private Passenger Automobiles
$35 per day
Trucks up to 24,000 lbs. GVWR
$50 per day
Tractor Trailers
$50 per day (Tractor)
Tractor Trailers
$75 per day (Trailers)
Storage per day is per calendar day or any part thereof. A new business day is 12:01 a.m.
7. 
Yard Tow Fee (automobile only) $40.
d. 
For conveying a vehicle from any point in the Township of Chatham to any other point outside the Township, the rate shall be determined by mutual agreement in writing, before hiring and shall not exceed the sum of the basic fee set forth above and $1.75 per mile for all miles outside the limits of the Township.
e. 
No release fee is to be charged for the release of any vehicle.
f. 
All fee schedules as well as regulations shall be available to the public during normal business hours of the Township.
g. 
Every driver of a wrecker or tow truck shall give the customer a receipt for the fee paid.
h. 
All fees for towing and/or storage hereunder shall be paid for and collected from the owner, operator or other person responsible for the towed automobile by the authorized wrecker or towing operator. The Township of Chatham shall not have any financial responsibility for any such towed vehicles.
[Ord. No. 2005-012 § XI]
Complaints between authorized wreckers or towing operators and the public will be subject to the following dispute resolution procedures in accordance with N.J.S.A. 40:48-2.54
a. 
All disputes between authorized wreckers or towing operators and the public will be reported to the Chief of Police or his/her designee.
1. 
No driver or wrecker or towing operator will create a disturbance on the highway nor will any Police Officer or desk officer be called to referee any disagreement at the scene.
2. 
The complainant shall fill out a form provided by the Police Department stating the complaint and parties involved in the dispute.
3. 
Within one month, the Chief of Police or his/her designee will mediate the dispute in an attempt to resolve the differences in a civil and lawful manner.
[Ord. No. 2005-012 § XII]
Every person or persons, firm, partnership or corporation who shall violate any of the provisions of this section shall, upon conviction, be liable to fines and penalties in accordance with § 1-5 of this Code. Each violation of any of the provisions of this section and each day there is a violation thereof shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 2006-22 § 1]
No fee shall be charged by the Township for the issuance of a permit to conduct bingo games or raffles, except for such fees as may be payable to the State.
[Ord. No. 2006-22 § 2]
Pursuant to N.J.S.A. 5:8-58, games of chance are permitted to be conducted on Sundays under any license issued under the authority of said statute. Licenses issued pursuant to such law shall indicate thereon that conduct of the games on Sunday is permitted.
[Ord. No. 2011-01]
a. 
The Township Clerk is hereby delegated the authority to approve the granting of raffle licenses within the Township of Chatham. In the event that the Township Clerk has a conflict of interest is otherwise unable to issue said license, then the Township Committee shall retain the authority.
b. 
The Township Clerk shall notify the Township Committee when raffles are issued, as appropriate, but at least every three months.