[1982 Code § 4-2.1]
No person, except as provided in this section, shall canvass,
solicit nor call from house to house in the Township without first
having reported to and received a permit from the Township Clerk.
[1982 Code § 4-2.2; Ord. No. 92-1]
Before the permit required by the preceding subsection may be
issued, the canvasser or solicitor shall make an application in writing
to the Township Clerk giving the following information as to each
and every person intending to canvass and/or solicit:
a.
Full name, address and telephone number.
b.
Age, height and weight.
c.
Place of birth.
d.
Marital status.
e.
Length and place of residence.
f.
Whether or not previously convicted of a crime.
g.
By whom employed and address of employer with telephone number.
h.
Description of clothing to be worn and a description of the project
for which he or she is canvassing and/or soliciting.
|
Each applicant shall provide the Township Clerk with a current
photograph of the solicitor, which photograph reasonably resembles
the solicitor, before a permit shall be issued.
|
[1982 Code § 4-2.3; Ord. No. 92-1]
The Township Clerk shall have the power to grant the permits required by subsection 5-1.1. The Township Clerk shall refuse to issue a permit in all cases where the application upon its face, or upon further investigation, to be made at the discretion of such officer, shows that the canvasser or solicitor is not of good character or that he is canvassing for a project that is questionable or not free from fraud; but in no event shall a permit be issued for a period of more than 30 calendar days. A permit may be renewed for good cause upon payment of the appropriate permit fee.
[1982 Code § 4-2.4; Ord. No. 92-1]
Every permit issued under the provisions of this section shall
specify the dates that it will be in effect.
[1982 Code § 4-2.5; Ord. No. 92-1; Ord. No. 95-5]
Before issuing the permit the Township Clerk shall collect from
the applicant a fee of $50, which fee shall be paid over to the Township
of Frankford. Such permit fee shall not be refundable in the event
of revocation.
[1982 Code § 4-2.6; Ord. No. 92-1]
The Township Clerk shall revoke any permit issued under the
provisions of this section for failure or refusal on the part of the
permittee to observe the regulations set forth in this section.
[1982 Code § 4-2.7; Ord. No. 92-1]
No person shall canvass or solicit within the Township except
Monday through Saturday between the hours of 9:00 a.m. and 9:00 p.m.
A copy of the permittee's photograph, to be furnished by the permittee,
shall be carried by the permittee, affixed to the permit and the permittee
shall exhibit his or her permit to any Police Officer or other person
upon request. He or she shall be courteous to all persons in canvassing
and shall not disturb or annoy any of the residents of the Township
and shall at all times conduct himself or herself in a lawful manner.
On expiration of the permit, the holder shall surrender the permit
to the Township Clerk.
[1982 Code § 4-2.8; Ord. No. 92-1]
This section shall not affect any person engaged in the delivery
of goods, wares or merchandise or other articles or things in the
regular course of business to the premises of persons ordering or
entitled to receive the same, nor shall it apply to any person engaged
in activities on behalf of a charitable or religious association or
any community, civic or political organization.
[1982 Code § 4-1.1]
The "Amusement Games Licensing Law" has been extended by N.J.S.A.
5:8-121 to include places where agricultural fairs and exhibitions
are held; and the Sussex County Farm and Horse Show is an association
organized for the purpose of holding agricultural fairs and exhibitions
which is approved by the State Department of Agriculture for participation
in any and all State sponsored programs relative to the promotion
of agriculture and the advancement of agricultural interests in this
State and said Sussex County Farm and Horse Show will take place in
the Township of Frankford during the month of August of each year;
the legal voters of the Township have determined in the election of
1959 that the "Amusement Games Licensing Law" shall become operative
in the Township.
[1982 Code § 4-1.2]
It is determined and declared that the following described property
is used as a place where the above mentioned approved association
holds an agricultural fair and exhibition in the Township.
a.
Property owned by the Sussex County Farm and Horse Show Association,
Inc. situated on Plains Road, Frankford Township, Sussex County, New
Jersey, and shown on the Frankford Township Tax Map as Block 11, Lots
3 and 4, and Block 10, Lot 4.
[1982 Code § 4-1.3]
It shall be unlawful for any person to own or operate within
the Township any amusement games as these terms are defined by the
"Amusement Games Licensing Law," (Chapter 109, P.L. 1961) without
first having obtained a license from the Township Committee. The license
shall be issued pursuant to and subject to the provisions of the "Amusement
Games Licensing Law" as amended and rules and regulations issued thereunder.
[1982 Code § 4-1.4]
Each applicant for such a license shall file with the Township
Clerk, who is the licensing official, a written application on such
form as may be prescribed by the "Amusement Games Licensing Law" as
amended and also in accordance with rules and regulations which may
now or hereafter be promulgated by the Amusement Games Control Commissioner.
[1982 Code § 4-1.5]
The fee for each municipal license shall be $5.
[1982 Code § 4-1.6]
Amusement games can be conducted only during that part of the
year when there is conducted in the Township an agricultural fair
and exhibition by an association organized for the purpose of holding
same and which is approved by the State Department of Agriculture
for participation in any or all State sponsored programs relative
to the promotion of agriculture and the advancement of agricultural
interests in this State.
[1982 Code § 4-1.7]
On the days set forth in subsection 5-2.6, amusement games may be conducted from 8:00 a.m. to 1:00 a.m. on the following day.
[1982 Code § 4-1.8]
a.
In the event that any licensee shall violate any of the provisions
of this section or the Amusement Games Licensing Law or the rules
and regulations promulgated by the State Amusement Games Control Commissioner
or the terms of such license, such licensee shall be a disorderly
person and if convicted as such, shall, in addition to suffering any
other penalties which may be imposed, forfeit any license issued to
the licensee under this section.
[No. 2007-05]
The Municipal Clerk is hereby delegated the authority to act
as the "issuing authority" to approve the granting of raffle and bingo
licenses.
[No. 95-10; New]
Pursuant to N.J.S.A. 21:3-1 et seq., the Township imposes the
following conditions on the issuance of permits for public fireworks
displays. Approved fireworks displays are exempt from the noise ordinance
for the duration.
[No. 95-10]
No fireworks display shall be conducted on any properties within
the Township without prior issuance of a permit.
[No. 95-10; New; Ord. No. 2015-08]
Hours of Operation. No fireworks displays shall occur or be
completed after the later of (i) 10:00 p.m., or (ii) if in conjunction
with a sporting event that ends after 10:00 p.m., 20 minutes after
the last pitch, the final buzzer, or the end of the game, as applicable.
[No. 95-10]
No permit for the public display of fireworks shall be issued
unless the application for the permit is received by the Township
Committee no later than 30 days prior to the date on which the public
display is scheduled. Each permit issued for the public display of
fireworks shall require, as a precondition to the conducting of the
public fireworks display, that each permittee publish, no later than
10 days prior to the date of the public fireworks display, a notice
to the general public that a display of fireworks will occur. The
notice must be published in the local display section of the official
newspaper of the Township, and must also be posted at the Township
Municipal Building and on the public school buildings in the Township.
The notice shall include the following information:
a.
The name of the proposed operator of the public fireworks display.
b.
The street address and tax lot and block number of the property on
which the fireworks display is scheduled to occur.
c.
The date and time that the fireworks display will occur.
d.
Nothing in this section shall be construed to limit or detract from
any laws or regulations relating to the use of fireworks or to detract
from the penalties or fines associated with the improper use of fireworks.
[No. 95-10]
In addition to the above requirements, the Township Committee
shall, with respect to each application for a permit, establish such
further conditions and requirements for the public fireworks display,
and nothing in this section shall be construed to limit the right
of the Township Committee to refuse to issue a permit for the public
display of fireworks.
[No. 95-10]
Each applicant, in addition to any other applicable fee, shall
pay to the Township an application/permit fee in the sum of $25.[1]
[1]
Editor's Note: Former Subsection 5-4.7, Number of Permits
Limited, which immediately followed this subsection, was repealed
8-10-2021 by Ord. No. 2021-014. Prior history includes Ord. No. 2007-09.
[1982 Code § 4-4.1; Ord. No. 94-10]
No person or parties whatsoever shall permit any shows, concerts,
festivals, dances, theatrical performances, exhibitions and public
gatherings for purposes leased, occupied or controlled by any such
person or parties within the Township under circumstances which would
lead a reasonable person to believe that more than 1,000 persons would
attend, without first having obtained a license from the Township
in the manner and upon the conditions hereinafter set forth. Ball
games held at property known as Tax Block 11, Lot 13.11, on the Tax
Map of the Township, shall not require an application for or receipt
of a license pursuant to this section, provided that said ball games
limit all seating of attendees to the stadium located on that property.
[1982 Code § 4-4.2; Ord. No. 95-5]
a.
An application for license hereunder shall be signed by the person
or parties responsible and filed, in quadruplicate, with the Township
Clerk accompanied by the fee payable hereunder.
b.
The applicant shall set forth in the application for license the
following information:
1.
The names and addresses of the person or persons or in the case of
a corporation, the names and addresses of the President, Vice-President,
Secretary, Treasurer and Directors or Trustees, responsible for conducting
the outdoor shows, concerts, festivals, dances, theatrical performances,
exhibitions, or any public gatherings for purposes of amusement sought
to be licensed.
2.
The type of performance desired to be conducted and a statement of
the purposes of the exhibition or performance, whether for pecuniary
profit or charitable purposes and if charitable, a statement of the
charity or charities to be benefited.
3.
A description of the lands or premises sought to be licensed which
shall include a description of the boundaries sought to be licensed.
4.
Whether the premises are owned by the applicant or, if not owned,
then the name and address of the lessor or licensor and the terms
of the lease or license.
5.
A designation of the portion or the premises intended to be used
for the parking of automobiles, including a statement in acres or
square feet of the area to be devoted to this purpose.
6.
A map or sketch showing the entire area sought to be licensed and
delineating thereon the portion to be used for the parking of automobiles,
and further showing driveways or means of access to and from the said
premises, and the names of all adjoining owners of the premises to
be licensed.
7.
A statement of the number of persons to be engaged in the exhibition
or performance sought to be licensed and in addition, a statement
of the number of spectators anticipated to watch or observe the exhibition
or performance and the number of tickets to be printed for each event.
8.
A statement together with a sketch where appropriate of the nature
of sanitary facilities to be made available to those attending the
performance or performances including detailed descriptions of the
nature of structures to be used whether permanent or temporary, portable
or fixed and a detailed description of the method to be used to dispose
of effluent.
9.
A sketch and statement indicating adequate medical and hospital facilities
available together with emergency routes to and from the place of
the performance and its environs.
10.
If it is proposed that those attending the performances will be transported
to the place of the performance by means other than automobile, a
statement setting forth the nature of such transportation, by whom
it is to be supplied and the nature of return transportation for those
using unusual methods.
11.
A fee of $200 shall be paid upon filing the application to be applied
by the Township toward its expense in investigating the application
which fee shall not be returned whether a license is issued or denied.
This fee shall include the permit fee.
c.
The Township Committee shall have the authority to waive the license
fee for community projects for charitable organizations which perform
valuable services to this community.
[1982 Code § 4-4.3; New]
Upon filing of the application the Clerk shall refer a copy
of the application promptly to the Township Committee and to the Board
of Health for investigation. A written report shall be made to the
Township Committee of the result of the investigation by the Health
Department.
[1982 Code § 4-4.4]
If the Township Committee deems from the report that a hearing
on the application should be held before issuing or denying a license,
then within five days after the thirty-day period of investigation,
the Township Committee shall set a time and place for hearing on the
application which shall be held within 15 days thereafter. The applicant
shall notify surrounding landowners of the date and time of the hearing
by certified mail, and proof of such notice shall be submitted to
the Township Clerk. At the hearing, the applicant and the Township
may offer such evidence as may be desired covering the subject matter.
Within seven days after the closing of the hearing the Township Committee
shall render a determination on the application and if the determination
is favorable, a license shall be issued, but if the determination
shall be a denial of the application, then a copy of said determination
with the reasons denying the application shall be served upon the
applicant at the mailing address of the applicant designated in the
application.
[1982 Code § 4-4.5]
a.
The license authorized to be issued shall be issued by the Township
Committee but executed by the Mayor and Township Clerk.
b.
The license shall set forth and describe, with particularity, the
place where the show, exhibition, performance or public gathering
or other event sought to be licensed hereunder shall take place and
the period of time during which it may continue.
c.
The license herein authorized shall not be issued to take effect
until all fees have been paid to the Township as provided herein.
d.
Any license authorized to be issued hereunder shall be issued subject
to all of the provisions of this section.
[1982 Code § 4-4.6]
The license fee shall be paid at time of application pursuant to subsection 5-5.2b11.
[1982 Code § 4-4.7]
Under no circumstances shall a license as defined in subsections 5-5.1 and 5-5.5 be issued unless in the opinion of the Township Committee the road systems of the Township at the time of the expected performance will be sufficient to accommodate the traffic anticipated and unless adequate parking facilities with means of ingress and egress are provided.
[1982 Code § 4-4.8]
a.
No person or party licensed hereunder shall allow, suffer or permit
any exhibition, performance or gathering of persons for any unlawful
purpose or to be conducted in any unlawful, disorderly, obscene or
lewd manner.
b.
The licensee shall allow any persons duly authorized by the Township
to inspect the licensed premises or any part thereof, and the performance,
exhibition and shows for public gatherings at any time, either prior
to or during the period of time licensed to inspect the premises and
observe the persons upon the premises or to detect violations of the
ordinances or of any other law of the Federal Government or the State
of New Jersey or of the Township of Frankford.
c.
The licensee shall take all proper means to assist in the orderly
conduct and presentation of its event and to maintain a flow of traffic
and use of the premises without congestion of traffic. For such purposes
the licensee shall employ or obtain sufficient personnel to carry
out said objectives.
d.
The licensee shall maintain at its own expense one or more persons
or agents responsible for the proper conduct of the event licensed
who shall remain upon the premises licensed at all times during the
period in which the license shall be in effect. The name, address
and description of the person, persons or agents responsible shall
be furnished to the Township before the beginning of the licensed
period, and in the event that any change is made in person or persons
or agents responsible as herein designated, notice of such change
with the names and addresses and descriptions of the persons to be
substituted shall be furnished to the Township upon at least 24 hours'
notice. Any authorized officers or agents of the Township may require
the licensee to introduce the person, persons or agents responsible
for conduct to the authorized officer or agent of the Township as
the Township may designate to the licensee.
[1982 Code § 4-4.9; New]
a.
In the event that any of the provisions of this section shall be
violated, the Township Committee or other authorized officers or agents
may terminate or suspend any license issued hereunder. Such suspension
or revocation shall be determined as follows:
1.
The Township Clerk, Zoning Officer or any other person authorized
by the Township Committee shall cause a written notice of the alleged
violations of this section or of any other laws involved to be served
upon the applicant or any of the agents of the applicant upon the
premises, together with a notice of the time, place and hearing to
be held, not less than 24 hours after service, directing the licensee
to show cause before the Township Committee why the license should
not be suspended or revoked.
2.
At the hearing the Township Committee shall hear all of the evidence
offered by the Township and the licensee which is material to the
issue and shall make a prompt determination of its findings. If the
findings are in favor of the licensee, the charges shall be dismissed,
but if the findings are against the licensee, the license issued may
be revoked entirely or suspended upon such conditions as the Township
Committee may direct. In the event of full revocation, the event licensed
shall be terminated immediately and further outdoor show, concert,
festival, dance, theatrical performance, exhibition or public gatherings
for purposes of amusement shall not be held under the license granted
therefor and any persons remaining upon the licensed premises may
be dispersed immediately by any peace officer of the Township and
by any such other persons or agents as may be properly authorized
by the Township.
b.
In the event that it shall reasonably appear to the appropriate Law
Enforcement Authority that the number of persons gathered or gathering
upon, or for entry thereon, the licensed premises for any outdoor
show, concert, festival, dance, theatrical performances, exhibitions
or public gathering for purposes of amusement licensed hereunder shall
exceed 1,000 persons, the Law Enforcement Authority may give notice
to the licensee immediately to withhold proceeding with the event
licensed and shall so inform the Mayor or Township Committee promptly
of this action. The licensee may request a hearing by the Township
Committee upon the law enforcement action and a hearing shall be held
as promptly as possible.
[1982 Code § 4-4.10]
Whenever notice is required to be given to the applicant or
licensee hereunder, such service of notice may be sent by registered
or certified mail, directed to the person and address listed in the
application or otherwise personally upon the applicant or any of the
agents of the applicant upon the licensed premises.
[1982 Code § 4-4.11]
a.
Any person who violates any provision of this section shall, upon conviction thereof, be liable to the penalty established in Chapter 1, Section 1-5.A separate offense shall be deemed committed for each separate act involved or on each day involved during a continuation of any such act in violation of any of the provisions of this section.
b.
The penalty or penalties provided herein shall be in addition to,
and not in lieu of, the suspension or revocation of any license issued
hereunder.
[No. 94-4; New]
No demolition derby or exhibition involving the collision of
any type of motor vehicle shall be permitted within the Township unless
and until an active license for that activity is received from the
Township in the manner and upon the conditions hereinafter set forth.
There shall be no more than four licenses issued each year for the
operation of demolition derbys or exhibitions involving the collision
of motor vehicles within the Township.
[No. 94-4]
Each license issued shall be subject to and limited by the following
conditions or requirements:
a.
Each license shall be for a limited duration of 24 hours, commencing
on a specific date and time and ending 24 hours following that commencement
date and time. In the event that the demolition derby does not occur
within the specified period of time, the license shall be deemed revoked.
b.
The hours of operation for each demolition derby permitted under
each license shall be limited to the hours of 1:00 p.m. to 11:00 p.m.
[No. 94-4]
Each applicant for a license to conduct a demolition derby or
exhibition involving the collision of motor vehicles within the Township
shall, as a condition for the issuance of the license to the applicant,
demonstrate to the satisfaction of the Township Committee that the
following conditions have been satisfied:
a.
All information and documentation required under subsection 5-5.2 have been provided to the Township Committee.
b.
The applicant has no prior criminal record.
c.
The applicant has provided a satisfactory indemnification and hold
harmless agreement to the Township of Frankford relating to the operation
of the demolition derby and all claims, losses, injuries or damages
arising therefrom.
d.
The applicant provides with his application written confirmation
from the Township Fire Official that the applicant's plans for fire
prevention, safety and containment satisfy all applicable safety codes.
e.
A fee of $100 shall be paid upon filing of the application, to be
applied by the Township toward its cost of investigating the application,
which fee shall not be returned whether the license is issued or denied.
[No. 94-4; New]
Upon filing of the application, the Township Clerk shall refer
a copy of the application promptly to the Township Committee, to the
Zoning Official, to the Board of Health and the Fire Official for
investigation. A written report shall be made to the Township Committee
of the result of the investigation by the Fire Official, the Health
Department and by any other officer, etc.
[No. 94-4]
If the Township Committee deems from the report that a hearing
on the application should be held before issuing or denying a license,
then within five days after the thirty-day period of investigation,
the Township Committee shall set a time and place for hearing on the
application which shall be held within 15 days thereafter. The applicant
shall notify surrounding landowners of the date and time of the hearing
by certified mail, and proof of such notice shall be submitted to
the Township Clerk. At the hearing, the applicant and the Township
may offer such evidence as may be desired covering the subject matter.
Within seven days after the closing of the hearing the Township Committee
shall render a determination on the application and if the determination
is favorable, a license shall be issued, but if the determination
shall be a denial of the application, then a copy of said determination
with the reasons denying the application shall be served upon the
applicant at the mailing address of the applicant designated in the
application.
[No. 94-4]
a.
The license authorized to be issued shall be issued by the Township
Committee but executed by the Mayor and Township Clerk.
b.
The license shall set forth and describe, with particularity, the
place where the show, exhibition, performance or public gathering
or other event sought to be licensed hereunder shall take place and
the period of time during which it may continue.
c.
The license herein authorized shall not be issued to take effect
until all fees have been paid to the Township as provided herein.
d.
Any license authorized to be issued hereunder shall be issued subject
to all of the provisions of this section.
[No. 94-4]
The fee to be paid upon issuance of a license shall be $100,
in addition to the fee required to accompany the application.
[No. 94-4]
Under no circumstances shall a license be issued unless in the
opinion of the Township Committee the road systems of the Township
at the time of the expected performance shall be sufficient to accommodate
the traffic anticipated and unless adequate parking facilities with
means of ingress and egress are provided.
[No. 94-4; New]
a.
The licensee shall allow the appropriate Township Official or any
persons duly authorized by the Township to inspect the licensed premises
or any part thereof, and the performance, exhibition and shows for
public gatherings at any time, either prior to or during the period
of time licensed to inspect the premises and observe the persons upon
the premises or to detect violations of the ordinances or of any other
law of the Federal Government or the State of New Jersey or of the
Township of Frankford.
b.
The licensee shall take all proper means to assist in the orderly
conduct and presentation of its event and to maintain a flow of traffic
and use of the premises without congestion of traffic. For such purposes
the licensee shall employ or obtain sufficient personnel to carry
out said objectives.
c.
The licensee shall maintain at its own expense one or more persons
or agents responsible for the proper conduct of the event licensed
who shall remain upon the premises licensed at all times during the
period in which the license shall be in effect. The name, address
and description of the person, persons or agents responsible shall
be furnished to the Township before the beginning of the licensed
period, and in the event that any change is made in person or persons
or agents responsible herein designated, notice of such change with
the names and addresses and descriptions of the persons to be substituted
shall be furnished to the Township Clerk upon at least 24 hours' notice.
The Township Committee or other authorized officers or agents of the
Township may require the licensee to introduce the person, persons
or agents responsible for the conduct to the Township Committee or
such other authorized officer or agent of the Township as the Township
may designate to the licensee.
[No. 94-4; New]
a.
In the event that any of the provisions of this section shall be
violated, the Township Committee, through its authorized officers
or agents, may revoke or suspend any license issued hereunder. Such
suspension or revocation shall be determined as follows:
1.
The Township Clerk and Zoning Officer or other person authorized
by the Township Committee shall cause a written notice of the alleged
violations of this section or of any other laws involved to be served
upon the applicant or any of the agents of the applicant upon the
premises, together with a notice of the time, place and hearing to
be held, not less than 24 hours after service, directing the licensee
to show cause before the Township Committee why the license should
not be suspended or revoked.
2.
At the hearing the Township Committee shall hear all of the evidence
offered by the Township and the licensee which is material to the
issue and shall make a prompt determination of its findings. If the
findings be in favor of the licensee, the charges shall be dismissed,
but if the findings be against the licensee, the license issued may
be revoked entirely or suspended upon such conditions as the Township
Committee may direct. In the event of full revocation, the licensed
event shall be terminated immediately and further, any other activity
which the licensee was authorized to perform in conjunction with the
license granted, shall not be held and/or shall terminate immediately
and any persons remaining upon the licensed premises may be dispersed
immediately by any peace officer of the Township and by any such other
persons or agents as may be properly authorized by the Township.
b.
In the event that the Township Committee determines that the operation
of the event poses an imminent threat to the health, safety, or welfare
of the event's guests, attendees or staff, or the Township residents,
the Township Committee may revoke or suspend the license immediately,
prior to or pending the hearing contemplated by this section.
[No. 94-4]
a.
Whenever notice is required to be given to the applicant or licensee
hereunder, such service of notice may be by registered or certified
mail directed to the person and address listed in the application
or otherwise personally upon the applicant or any of the agents of
the applicant upon the licensed premises.
[No. 94-4]
a.
Any person who violates any provision of this section shall upon conviction thereof, be liable to the penalty established in Chapter 1, Section 1-5. A separate offense shall be deemed committed for each separate act involved or on each day involved during a continuation of any such act in violation of any of the provisions of this section.
b.
The penalty or penalties provided herein shall be in addition to,
and not in lieu of the suspension or revocation of any license issued
hereunder.
[1982 Code § 4-5.1; Ord. 11-23-87]
Any person, firm or corporation selling, exchanging or otherwise
disposing of used or secondhand motor vehicles in the Township where
the used or secondhand motor vehicles have not been acquired by that
person, firm or corporation in a trade-in transaction arising from
and out of the sale or disposition at retail of new motor vehicles
in the Township obtained or acquired under dealers' franchises with
manufacturers, shall be deemed to be engaged in the business of dealing
in secondhand motor vehicles.
[1982 Code § 4-5.2; Ord. 11-23-87]
The provisions of this section shall also apply to any person,
firm or corporation accepting used motor vehicles for sale on consignment.
As used herein "consignment" means accepting possession without purchasing,
with the objective of selling and receiving a commission or percentage
when the sale is made. Each person, firm or corporation accepting
motor vehicles for sale on consignment shall keep accurate records
of the names, addresses and descriptions of person placing cars for
sale on consignment. Such records shall be kept for each motor vehicle
which is sold or withdrawn from sale.
[1982 Code § 4-5.3; Ord. 11-23-87]
The provisions of this section apply to lots displaying cars
for sale under other arrangements, such as rental of spaces in lot
to display cars for sale.
[1982 Code § 4-5.4; Ord. 11-23-87]
No person shall engage in the business of dealing in secondhand
motor vehicles in the Township as defined herein without first obtaining
a license for the fiscal year, in the manner herein provided, which
license for purposes of identification shall be known and described
as a "used car dealers' license."
[1982 Code § 4-5.5; Ord. 11-23-87; Ord. 2-5-91; Ord. 5-7-91; Ord. No. 95-5.2]
The annual license fee shall be $125.
[1982 Code § 4-5.6; Ord. 11-23-87; New]
Any person desiring to engage in the business of dealing in
secondhand motor vehicles shall make application to the Township Clerk
in writing for such license. The application shall set forth in full
the name or names, and residences of such applicant or applicants,
if an individual or firm, or if a corporation, the full name of the
corporation and the location and address of such corporation, the
names of the principal officers of the corporation, and in all cases
the location where it is desired to locate or maintain and operate
a used car lot. Proof of insurance is required. After filing the application
it shall be referred to the Zoning Officer or his designee for investigation,
which report shall be filed with the Township Clerk. The Township
Clerk shall issue a license to the applicant or applicants provided
that the report of the Zoning Officer or his designee is found to
be satisfactory, and provided further that satisfactory evidence is
presented to the Clerk that the license fee herein provided for has
been paid to the Township Treasurer.
[1982 Code § 4-5.7; Ord. 11-23-87; New]
Any person engaged in the business of dealing in secondhand
motor vehicles or his manager for him shall keep a record of all motor
vehicles offered for sale, exchange or disposal to the public, which
record shall show the make of said motor vehicle, the year of its
manufacture, its serial number and the engine number, which record
shall be kept available for the Zoning Officer, his designee, or police
agency and open for their inspection. It shall be the further duty
of every such person, firm or corporation dealing in secondhand motor
vehicles to immediately report to the Zoning Officer the presence
in his place of business of any motor vehicle on which the serial
or engine number has been defaced or altered.
[1982 Code § 4-5.8; Ord. 11-23-87]
It shall be the duty of the Zoning Officer, or his designee
to make inspections yearly in connection with each renewal application
for the purpose of seeing that the records required herein are being
kept. The Zoning Officer or his designee shall not make additional
records inspections unless he has probable cause to believe that a
violation of this section shall have occurred.
[1982 Code § 4-5.9; Ord. 11-23-87]
Any individual making an isolated sale of his own motor vehicle
shall not be deemed to be engaged in the business of dealing in secondhand
motor vehicles.
[1982 Code § 4-5.10; Ord. 11-23-87; Ord. No. 98-7; New]
a.
Failure of the person to comply with the provisions under subsection 5-8.4 or a conviction, fine or imprisonment for a violation of N.J.S.A. 39:10B-1 et seq., or a violation or violations of any other terms and conditions of this section or of the special terms of the license so issued shall be a basis for revocation or suspension of the used car lot license. The person shall pay the Township costs, including attorneys fees and expert's reports of any proceeding in which a suspension or revocation results.
b.
Any person who engages in the business of dealing in secondhand motor vehicles without the license required by subsection 5-8.4, or who violates any other terms or provisions of this section, shall, upon conviction thereof, be liable to a maximum penalty consisting of one or more of the following:
1.
A fine not exceeding $1,250; imprisonment for a period not exceeding
90 days, at the discretion of the Municipal Court Judge. The penalty
or penalties provided herein shall be in addition to, and not in lieu
of, any suspension or revocation of any license issued hereunder.
A separate offense shall be deemed committed for each separate act
involved, or on each day involved, during a continuation of any such
act in violation of any of the provisions of this section.
[1982 Code § 4-5.13; Ord. 11-23-87; Ord. No. 98-7]
This section shall be read in para materia with the Land Use
Regulations of the Township and, where appropriate, with the Land
Subdivision and Site Plan Review Ordinances of the Township. The Zoning
Officer, or his designee, is authorized and empowered to enforce the
provisions and requirements of this section, and to ensure that the
applicants for a license for secondhand vehicles dealers comply with
all other ordinances of the Township, including, but not limited to
the Land Use Regulations. No license shall be issued pursuant to this
section unless and until the Zoning Officer concludes that the applicant's
proposed business complies with all other ordinances in the Township.
[1982 Code § 4-5.14; Ord. 11-23-87]
Nothing contained in this section shall exempt any of the dwellings
or buildings, or parts of buildings, covered by this section from
full and complete compliance with any other provisions of any other
ordinance or ordinances of the Township of Frankford, as the same
may be applicable.
[1982 Code § 4-5.16; Ord. 11-23-87]
No more than six licenses shall be issued in this Township.
[1982 Code § 4-3.1; Ord. 11-23-87]
As used in this section:
Shall mean a person who maintains or operates a junk yard
and is synonymous with "junk yard keeper", wherever the term may be
used herein.
Shall mean rope, wire, copper, brass, tin, lead, used lumber,
old bottles, unusable motor vehicles or automobile bodies and auto
parts or materials of similar nature which have been discarded by
the prior owners other than the junk dealer or keeper in possession
thereof. Junk material shall not include equipment or materials which
are kept, stored or disposed of by the occupant or owner of premises
other than a junk dealer or junk keeper by reason of their obsolescence
in the ordinary course of business or occupancy of the premises or
are kept or stored for the use of the owner or occupant other than
in the business of buying, selling or storing the same.
Shall mean a parcel of land, with or without buildings or
improvements, wherein materials commonly referred to as junk are stored
for commercial purposes of buying, selling or storing.
[1982 Code § 4-3.2; Ord. 11-23-87]
No person shall keep, maintain or operate a junk yard in the
Township without first obtaining a license therefor. No person to
whom a license has been issued by the Township for the operation or
maintenance of a junk yard shall allow any other person to operate
or maintain the junk yard or any part thereof during the period for
which the license issued is in effect, except the employees or salesmen
of the licensee or contractors for a specific work or project used
in the operation of the business or maintenance of the licensed premises.
[1982 Code § 4-3.3; Ord. 11-23-87]
Applications, in addition to general requirements, shall contain
the following information:
a.
An accurate description by metes and bounds of the premises sought
to be licensed.
b.
A statement of the nature of the materials that the applicant intends
to use in the operation of his business.
c.
The nature of the equipment to be used in the business and the methods
of operating the same.
d.
A statement of the distance of the outside boundary of the premises
sought to be licensed from the nearest adjoining public road or roads
and of the adjoining properties owned by persons other than the applicant.
e.
A map drawn to scale containing the site plan of the proposed premises
to be licensed with the remaining property owned by the applicant.
The map shall be marked to show the respective courses and distances
and the markers or monuments used to identify the corners and boundary
of the licensed premises.
[1982 Code § 4-3.3; Ord. 11-23-87]
The application for license shall be accompanied by an application
fee of $25 to cover the cost of processing the application.
[1982 Code § 4-3.3; Ord. 11-23-87]
The application shall be filed at least 15 days prior to the
date when the application is to be considered by the Township Committee.
[1982 Code § 4-3.3; Ord. 11-23-87]
An applicant for a license under this section shall cause notice
of the application to be published at least once each week for two
separate weeks in a newspaper published and circulating in the County
at least 12 days prior to the date when the application is to be considered
by the Township, and the applicant shall file due proof of publication
with the Township Clerk prior to the date when the application is
considered.
[1982 Code § 4-3.3; Ord. 11-23-87]
The Township Clerk shall present all applications together with
the fee and proof of publication to the Township Committee at its
next meeting following receipt of these things by the Clerk. At the
meeting the Township Committee may consider the application and investigate
it or may set a date for a hearing to be held on the application not
later than 30 days from the meeting. At the hearing objectors to the
granting of the license may be heard, as well as the applicant and
any other person in support of the application. The license shall
be denied or granted, in the discretion of the Township Committee,
within 15 days following the hearing.
[1982 Code § 4-3.3; Ord. 11-23-87]
No license issued hereunder shall entitle the licensee to operate
at, in or on any other lot, building, location or any portion thereof
other than that which is specified in the license.
[1982 Code § 4-3.4; Ord. 11-23-87]
The applicant shall cause markers or monuments of a permanent
nature to be placed in the grounds sought to be licensed and shall
maintain the same at all times in such manner so that they are ascertainable
upon inspection by appropriate officials of the Township.
[1982 Code § 4-3.5; Ord. 11-23-87]
An applicant to whom a license is issued shall pay an annual
license fee of $200 upon or prior to the issuance and delivery of
the license. The license fee shall not be prorated for any portion
of the year.
[1982 Code § 4-3.6; Ord. 11-23-87]
A license may be renewed for each subsequent year upon application
to the Township Clerk for renewal without filing a complete application
as required for the original license, provided that:
a.
The application for renewal is accompanied by the annual license
fee.
b.
No changes have been made in the licensed premises, in the methods
of operation or in the equipment or materials used in the business,
and an affidavit to that effect is filed. If there has been any change,
a complete statement of the changes made shall accompany the application
for renewal.
c.
Notice of application is published at least once in a newspaper published
and circulating in the County at least 10 days prior to the date when
consideration of the renewal application is scheduled and proof of
publication is submitted to the Township Clerk prior to the date when
the renewal application is considered.
d.
If objections are filed with the Township Committee by any resident
or taxpayer of the Township against the renewal of the license, or
if the Township Committee, upon its own knowledge or information,
has reason to believe that provisions of this section have been violated
by the licensee, then in either instance the Township Committee shall
set a date for a hearing of the renewal application and give notice
of the hearing date together with a statement of objections filed
and alleged violations by the licensee, if any, at least 10 days prior
to the date for considering the renewal application. At the hearing,
the licensee may be examined by the Township Committee and shall be
permitted to submit evidence on his own behalf, and objectors to the
renewal of the application may be heard and allowed to submit relevant
evidence.
e.
A determination and findings of the Township Committee with respect
to the application shall be made by the Township Committee within
15 days following the hearing, and notice of the determination shall
be submitted in writing to the applicant together with the conclusions
of the Township Committee. If the time required to reach a determination
with respect to renewal application continues beyond the first of
any year, the applicant may be permitted to operate his business until
such time as the application has been acted upon, paying a charge
prorated by the month or any portion thereof covering the temporary
period. If the license is renewed, credit shall be given to the applicant
for the temporary fee paid; if the renewal license is denied, only
the remaining prorated and unused annual fee shall be returned to
the applicant.
f.
No renewal application shall be considered by the Township Committee
or any renewal license issued after the lapse of one month from the
termination of any license period unless the lapse is the result of
a hearing or other action of the Township Committee under this section.
[1982 Code § 4-3.7; Ord. 11-23-87]
Licensed premises shall be operated in the following manner
and in accordance with the following standards and regulations:
a.
The licensed premises shall contain a solid fence of the type and
in the manner required by N.J.S.A. 2A:170-69.7.
b.
No part of any licensed premises shall be located nearer than 50
feet from any public road or nearer than 100 feet from any adjoining
owner nor within 500 feet of a private residence not owned by the
applicant.
c.
There shall be no burning of materials on any licensed premises.
d.
No materials of any explosive nature shall be maintained or demolished
on any licensed premises.
e.
No materials shall be kept or maintained on the premises which are
of such an odorous nature as to affect or be offensive to adjoining
property owners or others in the neighborhood.
f.
The licensee shall take all measures to preclude rats or other vermin
from the licensed premises.
g.
The business of the licensee shall not be operated in such a manner
as to cause noises that are either continuous or so loud, raucous
or cacophonous as to be offensive to other owners or persons in the
neighborhood.
h.
The licensee shall establish fire protection of a standard recommended
by the National Board of Fire Underwriters.
i.
No processing operations shall be conducted between 5:00 p.m. and
8:00 a.m. the following day on weekdays, or at any time on Sundays
or holidays.
j.
No licensee shall purchase any goods, articles or other things whatsoever
from any person under the age of 16 years.
k.
It shall be unlawful to stack, pile or place junk upon the premises
in such a manner as to create a fire hazard or to create a place for
the harboring or breeding of rats, mice or vermin.
l.
It shall be unlawful to stack, pile, or place junk upon any licensed
premises at a height greater than any fence, trees, shrubbery or other
means used to obstruct the view from the public road or adjoining
owners, and in no event shall any automobile bodies be stacked or
piled in any greater manner or height than two levels thereof.
m.
Licensees under this section shall at all times be subject to such
reasonable rules as may be made from time to time by the Township
Committee.
[1982 Code § 4-3.8; Ord. 11-23-87; New]
a.
The licensed premises shall be subject to inspection at any reasonable
hour during the business day or evening by an officer designated by
the Board of Health for the inspection of premises for health purposes
within the Township or by any other officers or agents designated
by the Township Committee.
b.
All junk dealers shall keep records which shall be available upon
the request of the Township Committee or other designated enforcement
officers of all motor vehicle component parts as defined by N.J.S.A.
39:10B-1 et seq., as amended.
c.
The licensed premises shall also be open to inspection during normal
business hours or at any time the premises are open to the public
by the licensee or whenever employees, servants or agents of the licensee
are present and conducting licensed activities upon the property.
The Code Enforcement Officer shall inspect each licensed premises
at least once a year and file a report of such inspection with the
Township Clerk.
[1982 Code § 4-3.10; Ord. 11-23-87; New]
Failure of the licensee to comply with license provisions under subsection 5-9.2 or a conviction, fine or imprisonment for a violation of N.J.S.A. 39:10B-1 et seq., or a violation of any other terms and conditions of this section or of the special terms of the license issued shall be a basis for revocation or suspension of the junk yard license. The licensee shall pay the Township costs including attorney's fees and expert's reports of any proceeding in which a suspension or revocation results. Any person violating any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[No. 99-5 § 1]
The purpose of this section is to provide for the establishment
and maintenance of an efficient, effective and uniform alarm system
registration program within the Township.
[No. 99-5 § 2]
The provisions of this section shall apply to any person who
installs, operates, maintains, services or owns any alarm equipment
device or systems, including dial and local alarms, designed to summon
law enforcement officials or the Fire Department or other municipal
agency to any location in the Township in response to any type of
signal, alarm preprogrammed, prerecorded message.
[No. 99-5 § 3]
As used in this section:
Shall mean any type of equipment, device or system which,
when actuated, produces a signal or alarm such as a store, burglar
or intrusion alarm actuating a bell, horn or other sounding device,
for the purpose of summoning law enforcement officials, the Fire Department
or other municipal agency to the location thereof and in response
thereto. There is excluded from this definition, a smoke detector,
the sole purpose of which is to notify building occupants of the presence
of smoke therein.
Shall mean any alarm or signal activated or transmitted by
inadvertent, negligent, unintentional or intentional act or omission
of a person (caused or transmitted other than by an intruder or by
fire, flood, smoke or carbon monoxide) and shall also include alarms
caused by malfunctioning of the alarm device or other related equipment.
False alarms shall not include activation caused by power or phone
line interruptions when such interruptions have been reported to the
New Jersey State Police or the Township Clerk.
Shall mean any person owning or leasing or having control
over an alarm device or a local alarm within the Township, including
but not limited to the owner or tenant of a premises or building or
other structure.
Shall mean the New Jersey State Police or any other law enforcement
agency exercising lawful jurisdiction.
[No. 99-5 § 4]
a.
It shall be unlawful for any person to have control over, or to operate,
or to install or maintain an alarm device within the Township without
first registering said use with the Township Clerk in accordance with
this section.
b.
Every user of an alarm device shall, by October 31, 1999, submit
to the Township Clerk a registration application for an alarm permit,
using the application form provided by the Township Clerk. Information
must be kept current, and the permittee must notify the Township Clerk,
in writing, of any changes of information listed on the registration
application no later than 30 days following the applicable change
or changes.
c.
A registration permit shall automatically terminate upon a change
of occupancy of the premises for which the alarm device has been registered.
[No. 99-5 § 5; Ord. No. 99-10]
Person(s) required to register their alarm devices shall complete
and file with the Township Clerk a registration application which
may be obtained from the Township Clerk's office and which shall contain
the following information:
a.
The full name and address of the applicant, including a complete
physical address and property description which will permit the appropriate
response to the alarm.
b.
Name and address and telephone number of the person installing, maintaining
and/or owning the system as well as the name and address of the entity
or person(s), if any, responsible for monitoring and initially responding
to an activation of an alarm device and a phone number for such entity
and/or person(s).
c.
The name and address of an entity or person and their telephone numbers
who may be contacted in the event of an alarm and at least one other
entity or person(s) who is authorized to receive notification of an
alarm call and who is authorized to enter upon the premises in which
the alarm system is located.
d.
Any additional relevant information as may be reasonably required
by the Township Clerk.
[No. 99-5 § 6]
The following registration charges shall apply and shall be
paid upon submission of the registration application:
[No. 99-5 § 7]
No permit shall be granted except under the following terms
and conditions:
a.
The applicant shall furnish and complete all information required
relating to the application and the alarm, equipment device or system
to be installed or connected and data relating to prevention of false
alarms and testing procedures.
b.
No person other than applicant and his agent and employees shall
exercise the privileges under the permit.
c.
The applicant shall maintain his equipment in good condition and
repair.
d.
No permit shall be transferred or assigned in any manner.
e.
The permit is accepted upon the express condition that the permittee
shall indemnify and hold the Township harmless from and on account
of any and all damages arising out of the activities of the permittee
or its alarm contractor.
f.
Each separate building, store, premises, place or location shall
require a separate permit.
g.
The applicant or permittee, upon acceptance of such permit, thereby
agrees to hold and save harmless the Township, its agents or employees,
from any liability whatsoever in connection with any such alarm, equipment,
device system, or the operation and maintenance of the same which
shall be the sole responsibility of the person having had same installed
or connected.
[No. 99-5 § 8]
It shall be unlawful for any person to cause, allow or activate a false alarm as defined in this section. In case of a false alarm, any person and any permittee who violates this section shall each be subject to the provisions of subsection 5-13.11.
[No. 99-5 § 9]
Alarm devices may be connected to the State Police by telephone or other lines as are permitted and designated by the New Jersey State Police or to other law enforcement agencies having jurisdiction or to third party providers. Said alarms shall be registered as specified in subsections 5-13.4 and 5-13.5.
[No. 99-5 § 10]
a.
The provisions of this section shall not apply to any alarm system
installed on the property owned or occupied by any Township, County,
State or Federal government agency or office or to any alarm device
having only an indoor audible or visual/flashing system and which
are not dial alarm devices.
b.
Alarm devices having an audible alarm installed out of doors shall be designated to limit the operation of a bell or sound-producing instrument to a maximum of 20 minutes after activation. If the duration of an outside activated audible alarm exceeds 20 minutes, the warnings and penalties provided by subsection 5-13.11 shall apply as though a false alarm had been activated.
[No. 99-5 § 11]
Any person found guilty in the Joint Municipal Court of the
Township of Frankford of a violation of any terms or provisions of
this section shall be subject to a fine of not more than $50 for the
first offense, $75 for the second offense; and $100 for the third
offense. For offenses subsequent to a third offense, the punishment
shall be a fine of not more than $500 and imprisonment for a period
not exceeding 90 days.
[No. 2005-18]
The New Jersey State Police will provide a list to the Township on a monthly basis for all false alarms. A warning letter shall be issued by the Township Clerk to first time offenders. After that, a summons may be issued for subsequent offenses. All summonses issued will be subject to the provisions of subsection 5-13.11.
[No. 96-7 § 4-9.1]
As used in this section:
Shall mean any building, together with any related structure,
accessory building, any land appurtenant thereto, and any part thereof,
which contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel, motel or established
guest house wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only, any foster home as defined in
N.J.S.A. 30:4C-26.1, any community residence for the developmentally
disabled and any community residence for the mentally ill as defined
in N.J.S.A. 30:11B-2.
Shall mean a boarding house wherein no personal or financial
services are provided to the residents.
Shall mean a single room occupied by one but no more than
two persons provided that said unit meets or exceeds all rules and
regulations pertaining to square footage, fire code, health code or
any other provision contained in the Uniform Construction Code or
State statute.
[No. 96-7 § 4-9.2]
No person shall keep, maintain or operate a rooming house or
boarding house in the Township without first obtaining a license therefor
from the Township. A separate license shall be required for each place
of business.
[No. 96-7 § 4-9.3]
a.
Applications, in addition to general requirements shall contain the
following information:
1.
An accurate description by tax lot and block of the premises sought
to be licensed.
2.
The number of units of dwelling space, inclusive of basement area,
intended for occupancy.
3.
The maximum number of occupants proposed for the premises.
4.
The maximum term of occupancy proposed for each unit.
5.
An affidavit from the proposed licensee stating that the premises
are in compliance with all requirements of the Rooming and Boarding
House Act, N.J.S.A. 55:13B-1, et seq., and all regulations adopted
pursuant thereto.
b.
The application for license shall be accompanied by an application
fee of $200 to cover the cost of processing the application.
c.
The application shall be filed at least 15 days prior to the date
when the application is to be considered by the Township Committee.
d.
No license issued hereunder shall entitle the licensee to operate
at, in or on any other lot, building, location or any portion thereof
other than that which is specified in the license.
e.
The licensing authority for the Township shall be the Township Committee,
and no license shall be issued except pursuant to a resolution of
the Committee regularly made and passed. No license shall be issued
by the Committee unless the premises comply with the Building Code,
Zoning Ordinance, the sanitary laws, ordinances, rules and regulations
of the State and the Township.
[No. 96-7 § 4-9.4]
An applicant to whom a license is issued shall pay an annual
license fee of $200 upon or prior to the issuance and delivery of
the license. The license fee shall not be prorated for any portion
of the year.
[No. 96-7 § 4-9.5]
A license may be renewed for each subsequent year upon application
to the Township Clerk for renewal without filing a complete application
as required for the original license, provided that:
a.
The application for renewal is accompanied by the annual license
fee; and,
b.
No changes have been made in the licensed premises, in the methods
of operation, or in the information provided in the prior application,
and an affidavit to that effect is filed. If there has been any change,
a complete statement of the changes made shall accompany the application
for renewal.
[No. 96-7 § 4-9.6]
a.
The licensed premises shall be subject to inspection at any reasonable
hour during the business day or evening by an officer designated by
the Board of Health, the Township, the County, or the State for the
inspection of premises for health purposes and/or for compliance with
the Rooming and Boarding House Act and all other regulations adopted
and existing pursuant thereto.
b.
The Board of Health Officer, or any other inspector or official,
shall be responsible for reporting any violations of the Rooming and
Boarding House Act or any regulations adopted thereunder to the appropriate
enforcing agency.
c.
The refusal of any owner or operator of a rooming house to permit
an inspection by an authorized official of the Township shall be grounds
for suspension of the license until such time as the inspection has
been permitted.
[No. 96-7 § 4-9.7]
Each and every operator of a rooming house in the Township will
provide and maintain a registry book wherein shall be entered and
recorded the name and home address of each roomer, the dates of arrival
and departure and, if possessing or operating a motor vehicle, the
make of the vehicle and the license number inclusive of the State
in which the vehicle is registered. Said registry book shall be permanently
located in said rooming or boarding house and shall be available at
all times for inspection by authorized representative of the Township,
the County, or the State.
[No. 96-7 § 4-9.8]
a.
Any person who conducts a rooming house without first having obtained therefor the license provided for in this section or any person who, having obtained a license, violates or causes to be violated any provisions of this section shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5. The Judge is hereby authorized and empowered to impose any fine or term of imprisonment not exceeding the maximum herein fixed.
b.
Failure of the licensee to comply with these licensing provisions,
or a violation or violations of any other terms and conditions of
this section or of the special terms of the license so issued shall
be a basis for revocation or suspension of the license. The licensee
shall pay the Township costs, including attorneys fees and expert's
reports of any proceeding in which a suspension or revocation results.
[No. 94-13; Ord. No. 94-13.1; New]
No person shall operate a private campground on lands within
the Township without possession of a valid license from the Township.
Any person who seeks to operate a private campground shall first make
application to the Township for an initial license by filing a written
request to do so with the Township Clerk prior to opening of the campground
and shall pay a fee of $150 in support of its application for a license
to operate the campground. In addition to the written request and
the payment of the application fee, the applicant must provide a certification
that there are no outstanding violations of Chapter VI of the Sanitary
Code of the Township of Frankford as well as such other documents
or information required by the Township.
[No. 94-13; Ord. No. 94-13.1; New]
Each license shall expire one year from the date of its issuance.
The Township shall send renewal licenses prior to December 15th and
each application for a renewal license must include an application
fee of $150.
[No. 94-13; Ord. No. 94-13.1]
One inspection shall be made during the calendar year for which
each initial or renewal license has been granted. The inspection shall
be for the purpose of insuring that the campground complies with all
State Code and regulations regarding the operation of campgrounds.
Failure to comply with all provision of the State Code and regulations
shall constitute grounds for revocation of the license by the Township.
[No. 94-13; Ord. No. 94-13.1]
The number of private campgrounds in the Township of Frankford
shall be limited to five.
[No. 2009-02]
For the purposes of this section, "solicitation" or "solicit"
means the request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of value. Solicitation
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
[No. 2009-02]
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a donation clothing bin, for
solicitation purposes, unless all of the following requirements are
met:
a.
The person has obtained a permit, valid for a specified period of
time from the Township, in accordance with the following:
1.
In applying for such a permit, the person shall include:
(a)
The location where the bin would be situated, as precisely as
possible;
(b)
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
(c)
The name and telephone number of the bona fide office required
pursuant to paragraph e of this subsection, of any entity which may
share or profit from any clothing or other donations collected via
the bin; and
(d)
Written consent of the property owner to place the bin on his
property.
b.
The Township shall not grant an application for a permit to place,
use or employ a donation clothing bin if it determines that the placement
of the bin could constitute a safety hazard. Such hazards shall include,
but not be limited to, the placement of a donation clothing bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
c.
An expiring permit for a donation clothing bin may be renewed upon
application for renewal and payment of the fee imposed for such renewal.
Such application shall include:
1.
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted and written consent
from the property owner to place the bin on his property.
2.
The manner in which the person has used, sold, or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent, and
any changes the person anticipates it may make in these processes
during the period covered by the renewal; and
3.
The name, and telephone number of the bona fide office required pursuant
to paragraph e of this subsection, of any entity which shared or profited
from any clothing or other donations collected via the bin, and of
any entities which may do so during the period covered by the renewal.
d.
The permit number and its date of expiration shall be clearly and
conspicuously displayed on the exterior of the donation clothing bin,
in addition to the information required pursuant to paragraph e of
this subsection.
e.
The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office; and
1.
The following information is clearly and conspicuously displayed
on the exterior of the donation clothing bin:
(a)
The name and address of the registered person that owns the
bin, and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office and, if
applicable, the telephone number of the bona fide office of any other
entity which may share or profit from any clothing or other donations
collected via the bin;
(c)
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person who owns the bin, and identifying
all such entities which may share the profit from such donations;
and
(d)
A statement, consistent with the information provided to the
Township in the most recent permit or renewal application in paragraphs
a and c of this subsection, indicating the manner in which the person
anticipates any clothing or other donations collected via the bin
would be used, sold or dispersed, and the method by which the proceeds
of collected donations would be allocated or spent.
[No. 2009-02]
The Township, through its Code Enforcement Department, shall
receive and investigate any complaints from the public about a bin.
Whenever it appears that a person has engaged in, or is engaging in
any act or practice in violation of Section 2 of P.L. 2007, c.209
(C.40:48-2.60 et seq.) or this section, the person who placed the
bin shall be issued a warning, stating that if the violation is not
rectified by applying for a permit within 10 days, a summons will
issue.
In the event that the person who placed the bin does not rectify
the violation, the Township may seize the bin, remove it, or have
it removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Chief Financial Officer
of the Township.
[No. 2009-02]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of P.L.
2007, c.209 (C.40:48-2.60 et seq.) or this section which results in
seizure of the donation clothing bin shall be:
a.
Subject to a penalty of up to $20,000 for each violation. The Township
may bring this action in the Municipal Court or Superior Court as
a summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L. 1999, c. 274 (C:2A-58-10 et seq.), and any penalty monies collected
shall be paid to the Chief Financial Officer of the municipality;
and
b.
Deemed ineligible to place, use or employ a donation clothing bin
for solicitation purposes pursuant to Section 2 of P.L. 2007, c.209
(C.40:48-2.61) and this section. A person disqualified from placing,
using or employing a donation clothing bin by violating the provisions
of P.L. 2007, c.209 (C.40:48-2.60 et seq.) and this section may apply
to the Township to have that person's eligibility restored. The Township
may restore the eligibility of a person who:
