[Ord. #07-004, S 1]
BONA FIDE CHARITABLE, RELIGIOUS, EDUCATIONAL OR POLITICAL ORGANIZATION
Shall mean any person, entity or organization that is qualified
under state or federal law as a tax-exempt, nonprofit organization
or any person, organization or group that espouses or advocates a
position or belief on any subject or political interest or on behalf
of any candidate for public office.
CHARITABLE AND POLITICAL SOLICITATION AND CANVASSING
Shall include the actions of any person, entity or organization
engaged in religious proselytizing, anonymous political speech or
the distribution of religious or political handbills, circulars or
calling upon persons, or to elicit or determine opinions, feelings,
sentiments or information related to such charitable, religious, educational
or political purpose, whether door-to-door or street-to-street, whether
or not such persons, entities, or organizations seek or accept contributions
or donations to such religious, charitable, educational or political
organization or purpose.
COMMERCIAL SOLICITATION, CANVASSING, AND PEDDLING
Shall mean and include any person, entity or organization
traveling either by foot, wagon, motor vehicle or any other conveyance
from place to place, from door-to-door or from street-to-street, or
standing upon public property or a public right-of-way, or within
any parking lot open to the public, taking or attempting to take orders
for the sale of goods, wares, merchandise, personal property of any
nature whatsoever for future or present delivery or for services to
be performed and whether or not the person carries a sample of the
subject of the sale, and with or without accepting advanced payment
for the goods or services or whether such goods or services are conferred
at no cost; and shall also include any person who goes from door-to-door
or street-to-street taking a poll or survey for commercial purposes;
and shall also include the placement or distribution upon public or
private property of handbills or other written material advertising
goods or services.
[Ord. #07-004, S 1; amended 12-2-2019 by Ord. No. 2019-012]
The purpose of this section is to prevent
fraud, crime and unethical and dishonest business practices, and for
the general protection of privacy interests and health and welfare
of the residents of the Township. To fulfill this purpose, this section
requires the permitting of any person and/or organization who shall
sell or solicit for the sale of goods or services within the Township
from one or more temporary locations in zone districts which permit
retail sales as a permitted use, or where otherwise permitted by law
or variance, or by going from door to door or place to place.
[Ord. #07-004, S 1]
The following time, place and manner restrictions apply to all
solicitation, canvassing and peddling within the Township of Bedminster,
including commercial solicitation, canvassing or peddling, charitable
and political solicitation or canvassing, and other licensed or unlicensed
solicitor, canvasser or peddler, as defined herein:
a. No solicitation, canvassing or peddling shall extend beyond the permitted
timeframe of 9:00 a.m. to 9:00 p.m. Monday through Sunday.
b. For commercial solicitation, canvassing and peddling only, no solicitor,
canvasser or peddler shall enter or attempt to enter upon any private
property upon which the property owner has posted a sign which reads
"No Solicitation" in a location which is reasonably visible to persons
who intend to enter upon such property.
[Amended 12-2-2019 by Ord. No. 2019-012]
c. On private property, all merchandise, circulars, printed materials,
samples, handbills or other matters shall be handed to an occupant
of the property or secured on the premises in such a manner to prevent
such items from blowing or drifting about the premises. The securing
of any such items upon a vehicle or United States mail receptacle
is prohibited. Nothing herein shall apply to the distribution of mail
by the United States or a registered delivery service.
d. On public property, all merchandise, circulars, printed materials,
samples, handbills or other matters shall only be handed or distributed
to persons willing to accept such items. There shall be no littering
of public streets, public places or other property within the Township.
e. No merchandise, circulars, printed materials, samples, handbills
or other matters shall be left in or on any vehicle, whether located
on public or private property.
f. No sign, poster, or other paper or device designed to attract the
attention of the public shall be permanently placed, posted or affixed
by any person within any public right-of-way, including, but not limited
to, lampposts, utility poles, shade trees, and buildings within the
Township of Bedminster. Additionally, no such items shall be permanently
placed, posted or affixed on any property owned by the Township of
Bedminster, County of Somerset, or State of New Jersey, unless authorization
is received from the Township Committee of the Township of Bedminster,
and the appropriate county or state officials, if applicable. This
prohibition does not apply to the placement of signs by or on behalf
of the State of New Jersey or any political subdivision thereof, or
the placement of temporary signs as authorized pursuant to Bedminster
Township ordinances.
g. No solicitor, canvasser or peddler shall enter or attempt to enter
the house or apartment of any residence in the Township without the
express invitation from the occupant of the house or apartment.
h. No solicitor, canvasser or peddler shall refuse to leave a private
dwelling or property after having been once requested to do so by
the owner or occupant thereof.
i. No solicitor, canvasser or peddler shall have exclusive right to
any location on public property, unless prior approval is obtained
from the Township Committee of the Township of Bedminster, or other
appropriate governmental authority.
j. There shall be no distribution of obscene merchandise or printed
material, or material that advocates unlawful conduct.
k. The station, place, set up or maintaining of any cart, wagon, motor
vehicle or other conveyance shall not:
1. Restrict, obstruct, interfere with or impede any right-of-way, including
sidewalks and roadways;
2. Create or become a nuisance;
3. Increase traffic congestion, cause or increase traffic delay or hazard;
4. Leave such unattended at any time or place or leave same overnight
on a public right-of-way; and
5. Cause or create or constitute a danger to life, health or property.
l. No selling of food, drinks, ice cream, confections or other items
for immediate consumption without having first received any permit
or license required by the Township or the Board of Health for food
handling.
m. All solicitors, canvassers or peddlers shall abide by the ordinances
and laws of the Township of Bedminster, County of Somerset and State
of New Jersey.
[Ord. #2011-011]
As used in this section, the following terms shall have the
meanings indicated:
BASIC TOWING SERVICE
Shall mean private property towing and other non-consensual
towing as defined in this section and other ancillary services that
include the following: arriving at the site from which a motor vehicle
will be towed; 15 minutes waiting time; hooking a motor vehicle to,
or loading a motor vehicle onto, a tow truck; transporting a motor
vehicle to a storage facility; unhooking or unloading a motor vehicle
from the tow truck; and situating the motor vehicle in the space in
which it will be stored. "Basic tow" also includes issuing documents
for the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
BUSINESS OFFICE
Shall mean the business office of the towing operator where
the towing operator shall conduct business associated with the towing
and storage of vehicles.
CHIEF OF POLICE
Shall mean the Chief of the Bedminster Township Police Department
or his/her designee.
DECOUPLING
Shall mean releasing a motor vehicle to its owner or operator
when the motor vehicle has been, or is about to be, hooked to or lifted
by a tow truck, but prior to the motor vehicle actually having been
moved or removed from the property.
MOTOR VEHICLE
Shall include all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks and
motorized bicycles, motorized scooters, motorized wheelchairs and
motorized skateboards.
NONCONSENSUAL TOWING
Shall mean the towing of a motor vehicle without the consent
of the owner or operator of the vehicle. "Nonconsensual towing" includes
towing a motor vehicle when law enforcement orders the vehicle to
be towed whether or not the owner or operator consents.
PERSON
Shall mean an individual, a sole proprietorship, partnership,
corporation, limited liability company or any other business entity.
SECURE STORAGE FACILITY
Shall mean a storage facility that is either completely indoors
or is surrounded by a fence, wall or other man-made barrier that is
at least six feet high and is lighted from dusk to dawn.
STORAGE FACILITY
Shall mean a space at which motor vehicles that have been
towed are stored by the towing operator.
TOWING
Shall mean the moving or removing from public or private
property or from a storage facility by a motor vehicle of a consumer's
motor vehicle that is damaged as a result of an accident or otherwise
disabled, is recovered after being stolen, or is parked illegally
or otherwise without authorization, parked during a time at which
such parking is not permitted, or otherwise parked without authorization,
or the immobilization of or preparation for moving or removing of
such motor vehicle, for which a service charge is made, either directly
or indirectly. Dues or other charges of clubs or associations which
provide towing services to club or association members shall not be
considered a service charge for purposes of this definition.
TOWING LIST
Shall mean the list maintained by the Township Police Department
containing the names of those actively registered towing operators
whom have contracted with the Township to provide municipal towing
services for the Township.
TOWING OPERATOR
Shall mean any person in the business of, or offering the
services of a towing service whereby motor vehicles are or may be
towed or otherwise removed from one place to another by the use of
a motor vehicle adapted to and designated for that purpose.
TOWNSHIP
Shall mean the Township of Bedminster, Somerset County, New
Jersey.
VEHICLE
Shall mean any device in, upon or by which a person or property
is or may be transported upon a highway.
[Ord. #2011-011]
It is the purpose of this section to establish a non-discriminatory
method of rotating calls between all registered operators requesting
to provide municipal towing services at the request of, on behalf
of, or for the Township of Bedminster or its Police Department.
[Ord. #2011-011]
The chief of police is hereby authorized to establish a system
of rotation for the assignment of contracted towing operators to provide
municipal towing services required pursuant to this section. The rotation
system shall be established on a non-discriminatory and nonexclusionary
basis. Only towing operators with executed contracts with the Township
shall be assigned to the rotation list. A towing operator shall be
added to the rotation list at any time upon entering into a contract
with the Township pursuant to this section. All new contracted towing
operators shall be assigned to the rotation list at the bottom of
such list. The rotation list shall be composed so as to permit a reasonable
rotation of contracted towing operators. If the towing operator currently
on-call under the rotation list cannot respond and provide the required
municipal towing service, the Township shall move to the next towing
operator on the rotation list. If no towing operator on the rotation
list is able to respond and provide the required municipal towing
service, the chief of police may deviate from the rotation list and
arrange for another towing operator to provide such service.
Notwithstanding the above rotation list, in the interests of
public safety, the chief of police, in his/her discretion, taking
into account the emergency, safety and location of the situation,
may part from the rotation list and call for the closest available
towing operator to respond.
[Ord. #2011-011]
In addition to the insurance requirements set forth in N.J.A.C.
45A-31.3, as may be amended from time to time, all towing operators
providing municipal towing services must maintain the following insurance
policies, naming the Township as an additional insured:
a. Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is up to 26,000 pounds, for the death of, or injury to,
persons and damage to property for each accident or occurrence in
the amount of $750,000, single limit; and
b. Motor vehicle liability for a tow truck capable of towing a motor
vehicle that is more than 26,000 pounds, for the death of, or injury
to, persons and damage to property for each accident or occurrence
in the amount of one million ($1,000,000) dollars, single limit.
c. Garagekeeper's Policy. A garagekeeper's liability policy
in the minimum amount of $100,000, and "on-hook" coverage, for each
vehicle damaged on a separate claim.
d. Garage Liability Policy. A garage liability policy covering applicant's
business, equipment and vehicles in the minimum amount of $500,000
for any one person injured or killed, and a minimum of one million
($1,000,000) dollars for more than one person killed or injured in
any accident and an additional $100,000 for any damage arising from
injury or destruction to property, and/or a combined single limit
of one million ($1,000,000) dollars. In addition to each policy containing
an endorsement showing the Township as an additional insured, such
policy shall also provide an endorsement entitling the Township to
30 days' prior written notice to the chief of police in the event
of any change in coverage under the policy, or in the event of the
cancellation of the policy.
e. Worker's Compensation Policy. A worker's compensation policy
covering all of applicant's employees and operators, containing
statutory coverage including liability coverage of at least $500,000
for each accident per person, $500,000 policy aggregate limit per
disease, and $500,000 for each disease per person.
f. Umbrella liability insurance policy in the amount of five million
($5,000,000) dollars.
[Ord. #2011-011]
Any contract entered into by the Township with a registered
towing operator pursuant to this section shall include a provision
whereupon the registered towing operator assumes all liability and
shall indemnify and save the Township, its committees, boards, departments,
agents, and employees, harmless from damages or losses sustained by
vehicles while being towed, stored or released from towing operator's
possession, and from all personal injuries and property damage occurring
to any persons, or property, as a result of the performance of the
towing operator's services, including, but not limited to, towing,
storage, or other such activities relating to the municipal towing
services. All responsibility for the release of a stored vehicle shall
be on towing operator only.
[Ord. #2011-011]
All towing operators who have entered into contracts with the
Township to provide municipal towing services shall be obligated to
comply with the following duties and regulations:
a. Remove and tow to the designated storage facility all vehicles directed
by the chief of police to be removed and towed because such vehicles
are, in the chief of police's sole discretion designated as abandoned,
illegally parked, disabled, involved in an accident, or to be impounded
because of criminal or other investigation. At the sole discretion
of the chief of police, taking into consideration safety concerns,
the owner or operator of a disabled vehicle may be permitted to arrange
for the vehicle to be towed by a towing operator of his/her choice.
b. Store such vehicles and move such vehicles as directed by chief of
police. When not otherwise directed or required by the chief of police,
the owner or operator of a disabled vehicle may request that the vehicle
by towed to a location other than the designated storage facility.
Upon direction of the chief of police, the towing operator shall not
release a vehicle towed which is subject to a criminal investigation,
including, without limitation, compliance with "John's Law,"
without prior authorization by the chief of police.
c. Provide 24 hours, seven day a week service to the Township during
the term of the contract.
d. Not utilize answering machines or answering services when on-call
under the rotation list.
e. Respond promptly to all requests for municipal towing services by
the chief of police. In any event, the towing operator shall respond
and be present at the location (all locations within the Township)
for municipal towing services within 15 minutes of receipt of notice
of same between the hours of 8:00 a.m. and 5:00 p.m. (hereinafter
"daytime"), and within 25 minutes of receipt of notice between the
hours of 5:01 p.m. and 7:59 a.m. (hereinafter "nighttime"). In the
event a towing operator does not arrive at the tow location within
the above time periods, the police officer on the scene shall have
the right to have a substitute towing operator called to the location
who will have the right to perform the municipal towing services;
and the originally called towing operator shall have no right to payment
from any party.
f. Not charge any fee for replacement of equipment or materials provided
at the scene of the tow.
g. Tow any and all disabled Township-owned or operated vehicle upon request by the chief of police to a location within the Township. The towing operator will not charge the Township for the towing of Township-owned passenger vehicles or pick-up trucks within two miles of the Township border to a location within the Township. All other towing of Township-owned or operated vehicles shall be charged pursuant to Subsection
4-2.10 at a 20% discount. Nothing herein shall limit the Township from utilizing the towing services provided for in any public bid contract.
h. Clean up all broken glass and debris at the scene of accidents (all
towing operators must be equipped with a broom and a shovel).
i. Ensure that all drivers and operators of the towing operator must
wear ANSI Class 2 reflective safety vests at all times when responding
to a request by the Township.
j. Furnish additional towing equipment and services during storm periods,
periods of snow emergencies, traffic emergencies, natural or other
disasters, any acts of God, and for any other reason when so designated
by the chief of police. Such standby service shall begin and end when
the chief of police notifies the towing operator. The Township reserves
the right, during any such emergency, to designate temporary areas
owned or leased by the Township and/or the towing operator for the
storage of disabled vehicles, and to direct the towing operator to
remove such disabled vehicles to said areas.
k. Record all vehicles towed and/or stored on forms provided by the chief of police as soon as possible after each vehicle is towed, but no later than the end of each towing operator's rotation pursuant to Subsection
4-2.12d, and retain such records for a period of seven years. The Township shall be provided with a copy of any and all records evidencing that a vehicle has been towed and/or stored by the towing operator. Such records shall include a report of all personal property found within a towed vehicle that can be observed by the towing operator at the time the vehicle came into the towing operator's possession, an accounting of all monies received for fees for towing, and a separate accounting of all monies received for fees for storage services pursuant to this section. The chief of police shall have access upon demand, to any and all records required to be kept by this section.
l. In all of the towing operator's dealings with the public, the
towing operator shall act in a professional manner, courteous at all
times, and respectful to members of the public, as well as representatives
of the Township. Reports of discourteous behavior by the towing operator
or his drivers which may be substantiated and documented, shall be
considered by the Township as sufficient cause for revocation and
termination of the towing operator's registration, and be considered
as material default under any contract entered into with a towing
operator pursuant to this section.
[Ord. #2011-011]
No towing operator, whether registered or under contract with
the Township, shall respond to the scene of an accident or emergency
for the purposes of towing a vehicle unless specifically notified
by the chief of police, or his/her designee, or the individual involved
in the accident or emergency. All persons, towing operators, and owners
of towing equipment are hereby prohibited from soliciting business
at the scenes of accidents and emergencies within the Township.
[Ord. #2011-011]
Any person having a dispute or complaint arising from a specific
act of towing or storage of motor vehicles which is regulated by this
section shall present that complaint or dispute to the chief of police
for resolution. The chief of police shall render his decision as to
how the said complaint or dispute is to be resolved within 10 days
of his conducting a hearing as to the same. Such hearing can be in
person, by telephone or on written presentation at the election of
the chief of police. In the event of an adverse decision against a
registered towing operator, said registration may be revoked. Any
appeal of the chief of police's decision may be appealed to the
governing body of the Township.