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Part I
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Definitions
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[Ord. No. 7-63 § 1; Ord. No. 2003-015 § 1]
As used in this section:
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.
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.
Shall include the singular and the plural and shall mean
any individual, firm, partnership, corporation, association, club,
society or other organization.
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.
Shall mean the Township of Chatham in the County of Morris,
New Jersey.
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Part II
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Peddlers
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[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:
[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.
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Part III
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Solicitors
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[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:
[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.
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Part IV
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Canvassers
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[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:
[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.
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Part V
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Exemptions
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[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;
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.
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Part VII
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Penalties
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[Ord. No. 7-63 § 29;
New]
[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:
Shall mean:
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.
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.
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:
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.
Digital system which through telephone lines activates an audible
alarm at the Command Desk and provides both an information read-out
and a printout.
Tape dialer system which automatically alerts a telephone trunk
line of the Township Police Department and then reproduces a prerecorded
message.
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.
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.
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.
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:
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5th False Alarm
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$50
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6th False Alarm
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$100
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7th False Alarm
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$150
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8th False Alarm
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$200
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9th False Alarm and each additional
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$200
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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:
Shall mean to conduct, maintain, or otherwise provide facilities
for viewing of motion pictures for profit.
Shall mean any individual, firm, corporation, partnership,
association, society, club, or other organization.
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:
[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]
[Ord. No. 7-67 § 1]
As used in this section:
Shall mean the Board of Health of the Township of Chatham.
Shall mean to conduct, maintain or otherwise provide facilities
for swimming, bathing, wading or aquatic recreation at a swimming
pool.
Shall mean any individual, firm, corporation, partnership,
association, society, club or other organization.
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.
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.
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:
[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]
[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.
Shall mean a towing operator who is licensed under this section
to do police required towing for the Chatham Township Police Department.
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".
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.
Shall mean the operation of an unengaged tow truck along
the public streets in any fashion intended likely or calculated to
solicit business.
Shall mean the rate charged for the hours from 8:00 a.m.
to 4:30 p.m. Monday to Friday.
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.
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.
Shall mean additional manpower needed to perform towing or
recovery work beyond that normally incidental to the basic towing
service.
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.
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).
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.
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.
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.
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.
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.
Shall mean towing operator's principal place of business
where the tow vehicle is stationed when not in use.
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.
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.
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.
[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
$125 for a daytime fee (8:00 a.m. to 4:30 p.m. Monday through Friday)
and $150 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.
[Amended 6-27-2023 by Ord. No. 2023-06]
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:
[Amended 6-27-2023 by Ord. No. 2023-06]
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. $150 days,
$200 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:
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Private Passenger Automobiles
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$40 per day
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Trucks up to 24,000 lbs. GVWR
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$90 per day
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Tractor Trailers
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$100 per day (Tractor)
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Tractor Trailers
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$150 per day (Trailers)
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Storage per day is per calendar day or any part thereof. A new
business day is 12:01 a.m.
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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.
