[Ord. #68-1]
As used in this section:
DANCE HALL OR DISCOTHEQUE
Shall mean any place or premises open to the public for the principal purpose of dancing to music, where a charge or fee is made, either as an admission charge or on the basis of the number of dances in which the patron is entitled to participate, or where no charge or fee is made except in connection with the sale or service of food, candy, confectionery or soft drinks, and whether or not the music is provided by musicians present in the place, or by the playing of records, tapes, radio or other means.
It shall be unlawful to conduct or operate a dance hall or discotheque in the township unless the premises wherein the dance hall or discotheque is situate shall first have been duly licensed for such purpose.
a. 
No license shall be issued unless the premises comply with and conform to all laws of the United States, this State and the ordinances and regulations of the township, and are properly ventilated, supplied with sufficient sanitary convenience, and are, in the judgment of the township committee, safe and proper place for the purposes for which they are to be used.
b. 
No license shall be issued or received unless the applicant therefor shall be a citizen of the United States and a person of good moral character.
a. 
Application for the license or renewal thereof shall be made in writing, signed and sworn to by the applicant on forms provided by the township clerk. If the application is for the issuance of a license to applicant for a building not yet constructed or completed, plans and specifications of the proposed building or the proposed completion shall accompany the application.
b. 
Five copies of the application must be filed with the township clerk at or before the first insertion of the advertisement of notice of application for license. The license fee hereinafter referred to shall accompany the application.
c. 
Notice of application for license, on forms provided by the township clerk, shall be published once a week for two weeks successively in a newspaper printed in the English language, published and circulated in the county wherein the licensee's premises are located.
d. 
The township clerk shall immediately, upon receipt of a written objection, duly signed by an objector, transmit forthwith to the township committee the objection and everything pertaining thereto, whereupon it shall become the immediate duty of the township committee to afford a hearing to all parties and immediately notify the applicant and the objector of the date, hour and place thereof. The date fixed for such hearing shall not be less than two days after the second insertion shall have been published and shall not be more than 20 days. For good cause, the township committee in the exercise of sound and fair discretion, may fix a date for hearing later than 20 days or may adjourn the hearing.
e. 
No hearing need be held if no such objections shall be lodged. However, the township committee shall in no event be relieved of the duty of making a thorough investigation on its own initiative.
f. 
Upon application for license being filed hereunder as required by the preceding sections, the township clerk shall immediately submit a copy of the application for license to each of the following: the chief of police, the building inspector, the board of health and the fire department of the township. The application shall not be considered for approval or rejection by the township committee until and unless a detailed report in writing is received from each of the aforesaid. The persons and entities shall thoroughly investigate the applicant and the premises as to the good moral character of the applicant or any of its officers, servants and employees, and the moral and public safety hazards involved, and the fire hazards and health hazards involved.
g. 
Application for renewal of licenses shall set forth the same manner and things with reference to the applicant and the premises as the original application.
h. 
No hearing need be held by the township committee if, on their own motion, after the requisite investigation has been made, they shall have determined not to issue the license to applicant.
No applicant licensed hereunder and no premises licensed hereunder shall utilize in, on or about the premises any light or lights having wave lengths of between 1,500 and 4,000 angstrom units.
The township committee, in granting any license hereunder, may provide for and impose such conditions and regulations as to the conduct of the dances as it may deem proper for the health, safety, welfare and morals of the patrons thereof and of the residents of the township.
No person under the age of 14 years shall be permitted to enter upon or remain in any place licensed hereunder unless accompanied by his parent or legal guardian. Dancing shall be permitted in such licensed premises only during the following hours:
Fridays and Saturdays:
From 7:00 p.m. to 12:00 midnight, prevailing time
All other days, including Sundays:
From 7:00 p.m. to 11:00 p.m., prevailing time.
Any license granted pursuant to the terms hereto shall be and remain in full force for the term of one year from the date of issuance, unless sooner revoked, as herein provided. At the expiration of the year, the license may be renewed for a further period of one year in accordance with the terms and conditions contained herein, upon the payment of the license fee hereunder.
The annual license fee shall be $100. The license fee is imposed for revenue purposes.
A license issued under this section may be suspended or revoked, after notice and hearing by the township committee.
a. 
For any disorderly or immoral conduct permitted or suffered on the premises under the control of the licensee.
b. 
For the violation of any of the provisions of this section.
c. 
For the violation of any of the rules and regulations promulgated hereunder.
d. 
For any change in the ownership, management, operation or size of the applicant or his premises from that shown on the license application.
e. 
For any changes in the applicant's structure or operation which may constitute either a fire, health or moral hazard or be deleterious to the health, safety or welfare of either the occupants, patrons or residents of the township.
f. 
Such license, when so suspended or revoked shall not be reissued until at least six months shall have elapsed.
All premises licensed hereunder shall be at all times kept in a clean, healthful and sanitary condition, shall be open and well lighted and shall be maintained and operated free from any fire, safety or moral hazard. It shall be the duty of the chief of police of the township to order and cause any premises or hall or any place where any public dance is held to be vacated whenever in his judgment any provision of this section is being violated therein or whenever any indecent act shall be permitted or whenever any disorder shall take place therein.
The provisions of this section and regulations adopted pursuant thereto shall not apply to any building or establishment where dances are conducted by or under the direct authority and supervision of any church, synagogue or other religious organization or by any other nonprofit, social, fraternal, patriotic or educational organizations, nor to establishments operating under a license issued by the State Commissioner of Alcoholic Beverage Control or the municipal board of Alcoholic Beverage Control in accordance with the provisions of N.J.S. 33:1 etc.
[Ord. #70-10; Ord. #94-06; Ord. #94-07; Ord. #95-04; Ord. #01-18]
[Ord. #70-10, S1; Ord. #94-06, S1;, S1]
No person or business entity shall permit any outdoor shows, concerts, festivals, dances, theatrical performances, exhibitions, and public gatherings for purposes of amusement out of doors, with a total attendance or participation of 200 or more persons on any lands or premises owned, leased, occupied or controlled by any of such persons or business entities within the township without first having obtained a license from the township in the manner and upon the conditions hereinafter set forth.
a. 
An application for license hereunder shall be signed by the person responsible and filed, in triplicate, with the township clerk accompanied by the fee payable hereunder. The application must be filed no later than 90 days before the proposed date of the event.
b. 
The applicant shall set forth in the application for license the following information:
1. 
The name and address of the owner of premises and a signed statement by the owner consenting to the application if the owner is not the applicant.
2. 
The names and address of the person, or in the case of a corporation, the names and addresses of the president, vice-president, secretary, treasurer, and directors and 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. In the case of a partnership the aforementioned data shall be supplied for each partner.
3. 
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.
4. 
A survey or site plan of the land or premises sought to be licensed, depicting thereon a layout of the premises, the area to be used for parking and the dimensions thereof, the parking spaces, the dimensions and number of access lanes, fire and emergency access and egress to all areas of the licensed premises and unobstructed access to all municipal, county and state roads bordering the licensed premises. The zoning officer and code enforcement official may accept a photocopy or other reproduction of an existing survey of the subject property with the parking spaces, access drives, ingress and egress with their dimensions, or a hand-drawn site plan showing this information if those officers deem the information to be sufficient. The acceptance of any document less than a survey or site plan prepared by a licensed surveyor is solely within the discretion of the zoning officer and code enforcement official.
5. 
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 be in attendance to watch or observe the performance or exhibition.
6. 
The written approval of all other agencies which shall be but not limited to:
(a) 
Zoning officer and code enforcement official
(b) 
Fire prevention official
(c) 
Local and county board of health
(d) 
Emergency management coordinator
(e) 
Fire department
(f) 
Ambulance service
(g) 
State police
7. 
A fee of $50 shall be paid by the sponsor of the event upon filing the application to be applied by the township toward its expenses in investigating the application, which fee shall not be refunded whether a license is issued or denied. A fee of $25 shall be paid by property owners or tenants of property who supply parking for the event off-site (outside the site owned or controlled by the sponsor of the event).
Upon filing of the application the township clerk shall refer a copy of the application promptly to the township committee and for investigation of the matters in the application to the code enforcement officer. A written report shall be made to the township committee of the results of such investigation of the code enforcement officer within 30 days of the filing of the application.
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 10 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. At the hearing the applicant and the township may offer such evidence as may be desired concerning the application. Within 15 days after the hearing the township committee shall render a determination on the application. If the decision is favorable, a license shall be issued. If the decision is to deny the application, then a copy of the determination with the reasons for denying the application shall be served upon the applicant at the mailing address of the applicant designated in the application.
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 duration of the event. In no case shall the event take place for more than 10 consecutive days in any one calendar year. The license shall provide the maximum number of vehicles to be parked on the premises.
c. 
The license herein authorized shall not be issued 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.
The fee to be paid upon issuance of a license shall be:
$50 for gatherings of 200 - 499 persons
$100 for gatherings of 500 or more persons
All license fees shall be in addition to the fees required to accompany the application. This fee may be reduced or waived by the township committee for charitable organizations and organizations promoting the public welfare, such as the fire department or rescue squads operating within the township or service organizations.
No license fee is required to be paid by those providing parking off site on property not owned or controlled by the sponsor. However, an application fee of $25 shall be required pursuant to subsection 4.2-2b,7 for those providing 11 or more parking spaces.
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall be permitted unless a license is issued by the township committee. The township committee may waive conditions of approval for events held for governmental purposes, events held by charitable organizations, and organizations benefiting the general welfare, such as fire departments and rescue squads or for service organizations. However, the township committee shall not waive any conditions that may compromise public safety. However, those providing 10 or less parking spaces is exempt from the requirements of this chapter requiring a license.
a. 
No person or party licensed hereunder shall allow, 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. 
No outdoor show, concert, festival, dance, theatrical performance, exhibition, or public gathering for purposes of amusement shall allow any performer to perform or be displayed in the nude.
c. 
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall be allowed which shall depict sexual suggestive acts or subjects offensive to public morals and decency.
d. 
No outdoor show, concert, festival, dance, theatrical performance, exhibition or public gathering for purposes of amusement shall allow the use of any moving pictures or other media which is obscene, lewd, indecent or offensive to public morals and decency.
e. 
Any licensee hereunder shall not permit any employees or agents of the applicant or any spectators or any persons on the licensed premises during the period of the time licensed to completely undress or go about in the nude or become undressed or go about in a lewd, obscene or indecent manner.
f. 
The licensee shall allow the State police, county sheriff's officers, Wantage construction code official or subcode officials, Wantage code enforcement officer, health department inspector, emergency management personnel, fire prevention inspector and any other enforcement personnel authorized by the township committee to inspect the licensed premises and any premises being used in conjunction with the event.
g. 
The licensee shall provide security personnel to direct traffic on the premises and maintain an orderly flow to avoid congestion on the roads or access lanes.
h. 
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 a person 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 upon at least 24 hours' notice. The mayor or other authorized officers or agents of the township for such purpose may require the licensee to introduce the person or agents responsible for the conduct of the event to the mayor of the township or such other authorized officer or agent of the township as the township may designate to the licensee.
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 terminate or suspend any license issued hereunder. Such suspension or revocation shall be determined as follows:
1. 
The code enforcement official 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 and place of 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 event licensed shall be terminated immediately and no further outdoor show, concert, festival, dance, theatrical performance, exhibition or public gatherings for purpose of amusement shall 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 such other persons or agents as may be properly authorized by the township.
b. 
No license fee or portion thereof shall be refunded following revocation or suspension of any license issued.
Whenever notice is required to be given to the applicant or licensee hereunder, the service of notice may be made 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.
The penalty provided in Chapter 3, Section 3-1 shall be in addition to, and not in lieu of the suspension or revocation of any license issued hereunder.
[Ord. #63-1]
It shall hereafter be unlawful for any person to keep or maintain a junk yard or junk shop or deal in junk at any place within the limits of the township, without first having obtained a license for such purpose as hereinafter provided, and in any manner contrary to the provisions of this section.
As used in this chapter:
a. 
JUNK - Shall mean any old, discarded or unused waste material of any type that has outlived its usefulness for its original purpose, including iron, metals, glass, paper, rags, clothes, machines, automobiles, motor vehicles, or parts thereof, or accessories thereof such as auto bodies and the like, and all other materials commonly or generally known as "junk" in the ordinary meaning of the word, acquired or collected for commercial purposes; including specifically parts and portions of automobiles and discarded automobiles and automobile bodies.
b. 
JUNK YARD - Shall mean any lands or parcels thereof on which junk is collected or placed or stored for commercial purposes or for any remuneration whatever. A junk yard shall not include premises whereon the materials herein described as "junk" are kept or stored or disposed of by an owner or occupant of the premises by reason of their obsolescence in the ordinary sense of the word, or which originate of the premises and become obsolete, 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.
c. 
JUNK SHOP - Shall mean any building within the township, in which junk is stored, or placed, or sold, or purchased for commercial purposes within the provisions of this section.
d. 
JUNK DEALER - Shall mean any person who deals in junk for commercial purposes, or who buys or otherwise acquires or collects or stores junk for commercial purposes within the township in the manner provided in this section.
e. 
LICENSED PREMISES - Shall mean any lands or buildings or both whereon a junk yard is maintained under license hereunder or any junk shop which is licensed, or any premises for which a license is issued to a junk dealer under the provisions of this section.
f. 
GOOD CAUSE - Shall mean the violation of any of the provisions of this section, or any false statement contained in the application for license, or failure to pay any license fee when due or any conviction of the applicant during the term for which the license was issued for the violation of any criminal statute or law of the State of New Jersey, or of any State in the United States, or the United States Government.
a. 
All applicants desiring a license for the maintenance of a junk yard or junk shop, or as a junk dealer, shall first file a written application signed by the applicant with the township clerk, containing the following information:
1. 
Name and status of application; that is whether individual, corporation, partnership, or association. If an applicant is a corporation, the applicant shall furnish the names and addresses of all officers and registered agents and shall designate the office of each; if the partnership or association, the applicant shall state the names and addresses of all members thereof.
2. 
Permanent residence address of the applicant.
3. 
The place of the permanent residence of the applicant for each of the preceding three years.
4. 
A full description of the premises desired to be licensed, including a metes and bounds description of the lands constituting the premises together with a description of any buildings or improvements thereon, and a sketch, diagram or map of the lands desired to be licensed.
5. 
A description of the type and size of any buildings to be maintained as a junk shop.
6. 
A description of materials to be purchased or sold or stored in any junk-shop or on any junk yard or in which any junk dealer intends to deal.
7. 
A statement of the number and places of arrests or convictions for crimes against the applicant and the nature of the offenses on which such arrests or convictions were made.
8. 
A statement of the equipment to be used in the operation of the business and the method of operation.
b. 
Application shall be accompanied by payment of the amount of the license fee for the period involved.
c. 
An applicant for a license shall cause notice of his application to be published twice in successive weeks, at least once each week, in a newspaper published and circulating within the county, the first of which publication shall be at least 10 days prior to the date for consideration of the application by the township committee and the applicant shall also file due proof of publication of the application with the township clerk prior to the date for consideration of the application.
d. 
The township clerk shall present any applications, together with the fee accompanying the same and proofs of publication, to the township committee at its next meeting following receipt of proofs of publication from the applicant. In the event the license applied for shall be denied, the fee accompanying the license shall be returned less, however, the sum of 10% thereof to cover the cost of investigation of the applicant.
e. 
If the applicant is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of the business described in the application shall be endorsed in writing on the application, or otherwise annexed thereto.
a. 
The township committee may consider the application for license at the meeting for which said application and proofs and fees are presented, or it may set a date for a hearing to be held on said application at some reasonable time thereafter, which hearing, however, shall not be later than one month from the date of the township committee meeting considering the same, and at which hearing any objectors to the license may be heard and may present evidence as well as the applicant and those in support of the license.
b. 
If a date for hearing on the application for license is set, the township committee may investigate the applicant and the matters set forth in the application through its own officers, employees, or representatives and
1. 
Shall require the chief or assistant chief of any duly established fire department located within the township, to be appointed for the purpose by the chairman of the township committee, to make an inspection of the premises to determine whether the operations involved, or the proposed location for the operation, would constitute a fire hazard to the surrounding neighborhood. The persons shall make report in writing to the township clerk at least five days prior to the date of hearing, which report, if unfavorable, shall set forth the facts or evidence upon which an unfavorable recommendation is based.
2. 
Cause an investigation to be made of the applicant by the chief of police of the township to determine whether the applicant has ever been convicted of any violation of the criminal laws of the State of New Jersey, or of any other State in the United States of America, or of any country. The chief of police shall make a report in writing as to whether he has found any violations of criminal law, and shall set forth the nature of any violations ascertained and the date and place thereof in his written report which shall be filed with the township clerk at least five days before hearing thereon.
3. 
The township committee shall also obtain a report in writing from the tax collector as to whether the applicant is in default in the payment of any taxes owing the township at the time the application is filed, which report shall be filed with the township clerk at least five days before the date of hearing set for the application.
4. 
The township committee may investigate and consider as part of its determination for the issuance of a license any unreasonable depreciation of surrounding property of adjoining owners which might ensue from the establishment or maintenance of such a business at the location designated in the application. The proximity of schools, churches, public highways, the suitability of the applicant to receive the license, which shall include his arrest or conviction for criminal acts, public convenience and necessity, and social and aesthetic desirability shall also be taken into consideration of such application.
c. 
After considering all the evidence with respect to the application, the township committee may deny the license to the applicant for good cause revealed by the facts or evidence, and if any application for license is denied, the township committee shall state in writing the reasons for the denial forming the good cause found by the township committee denying the license to the applicant.
d. 
The license when issued by the township shall be displayed in a conspicuous place upon the licensed premises at all times.
e. 
The township committee, after investigating and considering an application for license hereunder, or after hearing on the same shall, if the application subscribes to the provisions of this section, authorize the township clerk to issue a license to the applicant, which license shall be effective from the date of issuance to midnight of the last day of December of the year in which issued.
All licenses granted under this ordinance and all premises licensed hereunder shall be subject to the following regulations:
a. 
No part of any premises licensed shall be located within 100 feet of the side line or right of way line of any public road or street or within 10 feet of the boundary line of any adjoining property owner. This section shall not apply to buildings used in connection with the business which are already in existence on March 12, 1963, which are located nearer than 100 feet from the side line or right of way line of any such street or road provided that no junk or merchandise or material is stored outside of said buildings.
b. 
No part of any premises sought to be licensed shall be located within 200 feet from any private residence not owned by the applicant or within 500 feet of any church or school.
c. 
A junk yard shall be completely obstructed from view from the public road. In obstructing the view of the licensed premises from the public road, the licensee shall have at the time of the application, or shall construct within 60 days of the granting of any license and before storing of any junk, a solid board fence or other solid material at least seven feet high from the ground and built in such manner so as to obstruct visibility of the junk yard from any public street or public property from outside the enclosure. The fence or enclosure shall be painted with either a white or dark green paint and shall be maintained in good condition and kept in a good painted condition at all times. There shall be no advertisement allowed or any description or writing on the fence except the owner's name and description of the character of his business, and such description or writing shall not exceed an area of six square feet. The requirement as to fencing may be waived temporarily by the township committee in its discretion where the conditions are such that by reason of location or the existence of a natural or other barrier, the premises are not visible from either the public road or the adjoining properties.
1. 
The licensed premises shall be enclosed at the entrances and exits thereof and therefrom by a gate which shall be securely closed and locked when unattended so as to preclude any entrance to the enclosure whenever the enclosure may be unattended.
2. 
The remaining premises around the junk yard shall be obstructed from the view of adjoining owners so far as possible by a fence or shrubbery either seven feet high or of such height as may obstruct the view from surrounding property as best as may be done.
d. 
No junk or rubbish or salvage material of any type shall be maintained outside the enclosure surrounding the licensed premises of any junk yard, nor outside of any junk shop licensed hereunder.
e. 
No license issued hereunder shall entitle any licensee to operate under said license at, in, or on any lot, building, or location or any part thereof other than that specified in the license, and no license shall be assignable or transferable to any other person or party whatever. A license shall be transferable from its original site to another site owned or controlled by the holder of the license upon application to the township committee, provided that the new site to which the transfer is sought complies in all respects with requirements of this section which may be applicable thereto. A fee of $25 shall be paid for such transfer.
f. 
Burning of materials subject to all State regulations shall be permitted during one day in each week between the hours of 8:00 a.m. and 8:00 p.m., except that this shall not prohibit the use of acetylene torches in salvaging or repairing any goods, motor vehicles, or other chattels on the premises or parts thereof. In the event that fires of accidental nature occur on the licensed premises in such numbers or such periods of time as to create a fire hazard to other properties or inhabitants of the township or otherwise occur so consistently or in such number as to become a nuisance to the fire departments, the township committee may revoke the license granted after due hearing and notice thereof because of the hazardous nature or conduct of the business.
g. 
No materials of an explosive nature, excepting acetylene, oxygen and propane gases used in cutting, welding or brazing, shall be maintained, stored or demolished on any licensed premises.
h. 
No materials shall be kept or maintained on the licensed premises which shall be of such odorous nature as to be offensive to adjoining property owners or other inhabitants in the area of the licensed premises.
i. 
The licensee shall take all reasonable measures to keep rats or other vermin from the licensed premises.
j. 
The licensee shall maintain sufficient fire extinguishers on the licensed premises at all times, and shall also establish fire protection according to standards recommended by the national board of fire underwriters for such premises. The licensee shall also report all fires to the township clerk furnishing date and extent of fire, and cause, if known.
k. 
No licensee hereunder shall purchase any goods, articles, or other materials whatever from any person under the age of 17 years.
l. 
No licensee shall pile or stack or place junk above the level at the height of the fence enclosing a junk yard or otherwise in such manner as to create a fire hazard or to create a place for the harboring of rats, mice, or vermin.
m. 
The business of the licensee shall be operated in such manner as not to cause unreasonably loud noises that are either so consistent or so audible as to be a nuisance to other property owners or inhabitants in the neighborhood.
n. 
No licensee shall knowingly buy, sell, receive, dispose of, conceal or have in his possession any motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, altered, covered, or destroyed with the apparent purpose of concealing the identity of such vehicle.
o. 
All junk dealers shall keep books in which records are maintained of all purchases by the junk dealer, and which books shall be open to inspection by any law enforcement agency in order to enable the police department to trace stolen goods. Such inspections by any law enforcement agency, however, shall be made only upon the written authorization for such inspection from the chief of police of the township.
Any license issued by the township may be renewed each year thereafter without publication of notice of application by furnishing notice of intention to renew said license in writing with the township clerk at least 30 days prior to the first of the year, and upon payment of the annual license fee of $120. No hearing shall be required for the issuance of any renewal license unless objections are filed in writing with the township clerk by any inhabitant or taxpayer of the township against the renewal of the license. In the event a written objection is filed before renewal as herein provided, the township committee shall set a date for hearing and proceed to hear the objection and all evidence for and against the issuance of such license not later than 15 days from the beginning of the renewal period, and at the conclusion of the hearing the township committee may then determine whether to issue a renewal license or to deny the same if the evidence presented indicated sufficient cause by virtue of prior violations of the section by the licensee.
The township committee may authorize a temporary permit for such licensee until the hearing has been completed and a determination made so that the business of a licensee may not be suspended or interfered with unreasonably by filing of any written objections.
a. 
The township committee may revoke any license granted at any time during the period for which the license was issued on the township committee's own action, or on the objection of any taxpayer or inhabitant of the township for good cause shown after a hearing provided to the licensee following complaint in writing and at least seven days' notice to the licensee setting forth the grounds of complaint.
b. 
The licensed premises shall be open to inspection by the police department or the board of health of the township at any reasonable time of day or night upon the proper authorization for such inspection by the chief of police or the police commissioner of the township, or health officer, or the board of health of the township.
No licensee shall conduct any processing operations on the licensed premises after 8:00 p.m. and prior to 8:00 a.m. of the following day, or on legal holidays designated as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas.
a. 
The annual fees for each license issued hereunder shall be the sum of $120 which shall be prorated where the license shall not have been issued on January 1 of a year, and any period less than 15 days shall constitute a half month for the purposes of prorating the annual fee.
b. 
Payment of the fees shall accompany filing of all applications for licenses or for any intention to renew thereafter. In the event an application for license is denied or renewal license is denied, the fee shall be returned less 10% for the cost of the township in investigating the same. In the event that license shall be revoked for good cause shown or terminated voluntarily by the licensee, there shall be no refund of any portion of the license fee.
[1]
Note: See also Chapter 21. "Fees."
A continuance of a violation or a noncompliance with the provisions of this chapter shall be deemed a nuisance and the township committee shall have the right to apply to the courts of this state for injunctive relief or other relief in addition to the penalties prescribed herein.
[Ord. 8/13/68; Ord. #68-4]
It shall be unlawful for any solicitor or canvasser as defined in subsection 4-4.2 of this chapter, to engage in such business within the corporate limits of the township without first obtaining a permit therefor in compliance with the provisions.
As used in the section:
A CANVASSER OR SOLICITOR
Shall mean any individual, whether a resident of the township or not, travelling either by foot, wagon, automobile, motor truck or any other conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders or make contracts for sale at retail of goods, wares and merchandise, personal property of any nature for future delivery or for work or services of any nature to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample for the subject of such sale, or whether he is collecting advance payment on such sales or not.
This section is not intended to apply and shall not be construed to apply to sales of merchandise or solicitations of orders for merchandise by members, agents or employees of bona fide religious, charitable or nonprofit corporations or associations, where the entire net proceeds of such sales inures to the benefit of such charitable, religious or non-profit association or corporation, and no part of the sale price inures to the benefit of any solicitor or canvasser, and shall not in any manner restrict or abridge the rights and privileges of persons holding state licenses issued to veterans and exempt volunteer firemen who may come within the effect of N.J.S. 45:24-9, et seq.
Applicants for a permit under this section shall file with the township clerk a sworn application in writing (in duplicate) on forms to be furnished by the clerk, which shall give the following information:
a. 
Name and description of the applicant.
b. 
Permanent home address and local address of the applicant.
c. 
A brief description of the nature of the business and the goods to be sold.
d. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
e. 
The place where the goods proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery.
f. 
Two photographs of the applicant, at least two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner. Such photographs shall have been taken sufficiently recently so that they portray the applicant's features substantially as they exist at the time of making the application.
g. 
The fingerprints of the applicant, and the names of at least two reliable property owners of the county who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant and his employer, as will enable an investigator to properly evaluate such character and business responsibility.
h. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefore.
i. 
The names of the municipalities in the State of New Jersey in which applicant has canvassed or solicited within the three months next preceding the date of application.
At the time of filing the application, a fee of $5 shall be paid to the township clerk, to cover the cost of investigation of the facts stated therein.
a. 
Upon receipt of such application, the township clerk shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. Such investigation shall be completed within 10 days after the application is filed.
b. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the township clerk shall endorse on such application his disapproval and his reasons for the same, and shall notify the applicant that his application is disapproved and that no permit will be issued.
c. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the township clerk shall endorse on the application his approval, and shall deliver to the applicant his permit. Such permit shall contain the signature and seal of the issuing officer, and shall show the name, address and photograph of the permittee, the class of permit issued and the kind of goods to be sold thereunder, the date of issuance and the length of time the same shall be operative as well as the permit number, and other identifying description of any vehicle used in such soliciting or canvassing. The clerk shall keep a permanent record of all permits issued. The fee for such permit shall be $10.[1]
[1]
Note: See also Chapter 21. "Fees."
Every permit issued hereunder shall be valid for the period of one year from the date of issuance, and upon expiration of said period, said permit shall expire.
Any solicitor or canvasser who has been issued a permit under this section, shall so indicate upon his application form when applying for a new permit. Such applicant shall not be required to be fingerprinted again, and need supply only one photograph with the application, provided the photograph then on file with the township clerk was taken within the four years next preceding the date of the new application and still portrays a reasonably accurate likeness of the applicant.
The township clerk shall issue to each permittee at the time of delivery of his permit, a badge which shall contain the words "Licensed Solicitor", the date of application of such permit, and the number of the permit in letters and figures easily discernible from a distance of 10 feet. The badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.
Solicitors and canvassers must carry their permits upon their persons at all times during solicitation or canvassing and are required to exhibit their permits at the request of any citizen.
It shall be the duty of any police officer of the township to require any person seen soliciting or canvassing, and not known by such officer to be duly licensed, to produce his solicitor's or canvasser's permit, and to enforce the provisions of this section against any person found to be violating the same.
The township clerk shall maintain a record for each permit issued and record the reports of violations therein.
a. 
Permits issued under the provisions of this section may be revoked by the township clerk after notice and hearing for any of the following causes:
1. 
Fraud, misrepresentation, or false statement made in the application for permit.
2. 
Fraud, misrepresentation, or false statement made in the course of carrying on his business as solicitor or canvasser.
3. 
Any violation of this section.
4. 
Conviction of any crime or misdemeanor involving moral turpitude, or
5. 
Conducting the business of soliciting or of canvassing in an unlawful manner, or in such manner as to constitute a breach of the peace, or as to constitute a menace to the health, safety or general welfare of the public.
b. 
Notice of a hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid to the permittee at his last known address, or served upon him personally, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the township clerk in the denial or revocation of a permit shall have the right of appeal to the township committee. Such appeal shall be taken by filing with the township clerk, within 10 days after the notice of the action complained of has been mailed to such person's last known address or served upon him personally, a written statement setting forth fully the grounds for the appeal. The township committee shall set the time and place for hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in subsection 4-4.12b for notices of hearing on revocation. The decision and order of the township committee on such appeal shall be final and conclusive.
[Ord. #70-12]
As used in this section:
a. 
REFUSE - Shall mean all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, and solid market and industrial wastes; whether combustible or noncombustible.
b. 
GARBAGE - Shall mean animal and or vegetable waste solids resulting from the handling, preparation, cooking and consumption of food.
c. 
RUBBISH - Shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes.
d. 
COMBUSTIBLE WASTES - Shall mean yard trimmings, rags, woods, cardboard and other combustible waste solids of a nonvolatile or explosive nature.
e. 
NONCOMBUSTIBLE WASTES - Shall mean all solid waste material which does not burn.
The owner, agent, lessee, tenant, or occupant of every dwelling house or other premises where refuse accumulates shall provide and keep on such premises sufficient and suitable receptacles with tight fitting covers for receiving and holding the refuse.
a. 
"Sufficient" is defined for the purpose of this section to be at least one receptacle for each family unit or other occupant of premises and at least two such receptacles for each commercial or business established where the aforesaid refuse shall accumulate, but each occupant of premises shall provide sufficient receptacles to store all refuse which may be accumulated thereat between the times when such refuse is disposed of as hereinafter provided.
b. 
Suitable is defined for the purpose of this section to be a water-tight metal, rubber or plastic receptacle with a tight fitting cover so constructed as to prevent spilling or leakage of its contents. Each receptacle for use at a single residence shall have a capacity of not more than 30 gallons and be equipped with a pull handle or handles.
Receptacles for refuse from multi-dwelling units or industrial premises may have a greater capacity than that prescribed in subsection 4-5.2 hereof provided they meet the other qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
Receptacles that are badly broken or otherwise fail to meet the requirements of this subsection, may be classed as refuse and collected and disposed of as such, by the person or agency responsible for the collection of refuse, provided that such receptacle shall not be collected if it appears to have been suitable under the definition of this section at some previous time without a written notice being delivered to the owner of the fact that the receptacle is not deemed suitable at least 10 days before the receptacle is collected.
Receptacles for refuse shall not be set out for collection except during hours of a day scheduled for collection of refuse or the evening before.
Receptacles shall be conveniently located on premises for the storage of refuse and maintained in such manner with the cover in place as to prevent creation of a nuisance or menace to public health.
a. 
Garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper or placed in paper bags and placed in a receptacle as herein described.
b. 
Papers shall be secured and properly tied into bundles or other packages in a manner to prevent scattering while waiting or during collection. The bundles or packages shall be of a size and weight to permit ease of handling by one man.
c. 
Combustible or noncombustible waste of such a nature that it cannot be deposited in a receptacle shall be securely and properly tied into bundles or packages to prevent spilling or scattering. The bundles or packages shall be of a size and weight to permit ease of handling by one man and shall be packaged or otherwise assembled in quantities weighing not more than 50 pounds.
a. 
The person occupying any premises whereon a business or industry is conducted shall arrange for the removal of refuse on such premises each day unless sufficient and suitable facilities are provided and used for the storage of such refuse within a building on such premises until the refuse is removed.
b. 
The person occupying any premises shall be required to arrange for the pickup or collection of refuse from the premises at least once a week during a period when the premises are being occupied and used by such person.
No refuse, except combustible waste, which can be burned as provided in subsection 4-5.11, shall be disposed of except at a sanitary landfill established, conducted, operated and maintained in accordance with standards established by the State department of health.
The sanitary landfill owned by the township, formerly owned by Emmanuel C. Cosh and Lillian A Cosh, his wife, containing 21.5 acres of land, more or less, is hereby designated as the only presently established sanitary landfill in the township. The township committee may designate any other properly established landfill by resolution provided notice of such designation is published in a newspaper circulated in the municipality.
Combustible waste may be burned on the premises where it is collected provided the method of disposal is permitted by State law, and a State fire permit is obtained for open burning. Such burning shall be conducted so as not to create a nuisance.
[Ord. #70-12]
Depositing of refuse at the township landfill shall be at the direction of the operator. He shall direct persons using the facilities where to deposit refuse and the depositing of refuse in any location except that so designated is prohibited.
Scavenging of refuse at the land-fill site is prohibited except that the operator shall scavenge the refuse for the benefit of the township.
The fee for the use of the township landfill by commercial licensees shall be at the rate per cubic yard established by the township committee through resolution. Cubical contents of open vehicles shall be figured to at least six inches above the side thereof.
The township committee shall determine the regular posted hours for delivery of refuse at the site and refuse shall not be delivered at the site at any other time.
The landfill operator shall have the authority to effectuate the proper execution of these provisions and to exclude persons from such landfill who fail to follow the reasonable directions so established.
The township committee shall have the right to enter into contract with other municipalities for the purpose of providing the residents of such other municipalities with refuse and garbage disposal facilities and to establish rates for such service by resolution.
The storage, collection or disposal of refuse in violation of any provision of this section is hereby declared to be a nuisance and detrimental to public health.
Any resident of the township or of any municipality with which the township shall have contracted with in regard to garbage and refuse disposal may bring refuse or garbage to the township land fill in his own vehicle provided that such garbage or refuse accumulated on his own premises and provided further that he shall have obtained a permit therefor. The fee for such permit shall be $5 annually if issued prior to July 1 and shall be $3 if issued on or after July 1.
All licenses and permits issued under this chapter shall expire December 31 in the year of issue.
a. 
The township committee may, by resolution, adopt reasonable rules and regulations to carry out the provisions of this section and the violation of such rules and regulations shall constitute a violation of this section.
b. 
Any licensee is subject to revocation or suspension of his license for violation hereof.
This section is for regulatory and revenue raising purposes and shall be effective after October 12, 1970, except that the provisions relating to licenses and permits herein contained shall become effective on January 1, 1971.
[Ord. #83-02; Ord. #83-05; Ord. #2005-01]
a. 
COIN-OPERATED AMUSEMENT DEVICES (HEREINAFTER "DEVICE") - Shall mean any automatic, mechanical or electronic amusement device, game or device of skill or entertainment, such as pinball machines, electronic games, bowling machines, mechanical game machines, skeeball machines, pokerino machines, which are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof, purchased for cash, and including electronic video type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment. Excluded from this definition are music vending machines commonly known as "juke boxes" and coin-operated pool tables.
b. 
OPERATOR - Shall mean any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the township in which any device is displayed or kept for use, play or operation.
c. 
PERSON - Shall mean any natural person, partnership, firm, association, corporation or other business entity.
d. 
CRIME - Shall mean an offense defined as a crime by the New Jersey Code of Criminal Justice, Title 2C, Section 1-4, New Jersey Statutes.
No operator shall operate such device unless a license is first obtained from the township. A separate license for each device shall be obtained. Applications shall be made on forms supplied by the township clerk.
Any nonprofit, charitable or religious organization owning or leasing any such device as defined in subsection 4-7.1 may operate such device without obtaining a license and is expressly exempted therefrom. Such organization shall not install, maintain or operate more than two such devices in or upon any single premises or location.
All licenses issued pursuant to this section shall expire on December 31 of the year when issued and shall be renewed for each calendar year thereafter.
The license fee for each device set forth in subsection 4-7.1 shall be $25 for each calendar year excepting that if such device is located within a recreational facility for which a general admission is charged, the license fee for each such device shall be $12.50 for each calendar year. There shall be no proration of license fee if issued for less than a full calendar year.
a. 
(Reserved)
b. 
Not more than one device shall be licensed for each 150 square feet of floor area contained in the premises wherein said device or devices shall be installed.
c. 
No license shall be issued for premises within 200 feet of any church, public school or private school operating under a license issued by the State of New Jersey.
a. 
Applications shall be made on forms provided by the township and shall be filed with the township clerk together with the appropriate license fee, and shall contain the following information:
1. 
Name, age, residence address and residence telephone number of applicant.
2. 
Address, telephone number and location of premises, including tax block and lot, and dimensions of area in which devices are to be installed.
3. 
Name, address and telephone number of owner of premises, if different than applicant.
4. 
Number of devices to be licensed and description thereof, including name of manufacturer, model and serial number of each device.
5. 
Name and address of person, firm or corporation from whom each device is to be purchased, leased or otherwise obtained.
6. 
Copies of leases if leased or documents of title if owned.
7. 
Whether the applicant or any person connected with the operation of the place of business wherein the device or devices are to be installed has ever been convicted of a crime.
b. 
No license shall be issued to a person who shall not have attained the age of 18 years at the time of application.
a. 
The township clerk shall conduct an investigation as to the device or devices to be licensed and the premises in which such device or devices will be installed.
b. 
The fire sub-code official and the township public health agency shall inspect the premises and make report to the township clerk as to whether there is compliance with all applicable fire and sanitary codes and regulations.
a. 
The township clerk shall have the power to issue licenses or to deny an application for license if the shall determine that the applicant is ineligible to procure such license or that the premises either do not comply with the requirements of this section or that the granting of such license would be in violation of any statute, ordinance or regulation. He shall also have the power to suspend or revoke a license if he shall determine that the circumstances require such suspension or revocation.
b. 
The township clerk shall, before denying an application for a license or suspending or revoking a license, give notice in writing to the applicant or licensee of such proposed action and the reason or reasons therefor, and of a hearing to be conducted by the township clerk with regard thereto, to be held in his office in the Wantage Municipal Building at least 10 days prior to such hearing either by personal service or by certified mail, directed to his address as stated in his application. At such time and place the applicant or licensee shall have an opportunity to be heard. The township clerk shall at that time either grant or deny the application or suspend or revoke the license or dismiss any pending action relative thereto as he shall determine to be appropriate. The township clerk shall make written report to the township committee of all applications denied and all licenses suspended or revoked and the reasons in support of such action.
Any applicant or licensee aggrieved by the action of the township clerk in denying an application or suspending or revoking a license shall have the right to appeal the decision of the township clerk to the township committee providing that he has availed himself of the opportunity to be heard by the township clerk. He shall give written notice of such appeal to the township clerk within 10 days after he receives notice in writing of such denial, suspension or revocation notice shall set forth fully the grounds of appeal. The township committee shall determine the time and place for hearing of the appeal upon written notice to the appellant in the same manner as provided for notice of denial, suspension or revocation in subsection 4-7.9b. The decision of the township committee on such appeal shall be final and conclusive.
In the event a licensee desires to substitute or exchange a device for one already licensed he shall, before making such substitution or exchange, file with the township clerk all information required by this section for licensing a device and procure a certificate authorizing such substitution or exchange. No further license fee shall be required.
a. 
The licensee shall at all times maintain good order upon the licensed premises, and shall not permit, suffer or allow any disturbance, congestion, or loitering upon the licensed premises.
b. 
The licensee shall not permit, suffer or allow any person to bid or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct from occurring.
c. 
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.
d. 
Every device shall at all times be in clear view upon the premises wherein it is located.
e. 
No licensee shall refuse to cooperate fully with the police department and fire department, nor shall any licensee refuse access to his premises to the police department, fire department or department of health at any time during normal business hours or at any other reasonable hour.
a. 
All persons, firms or corporations violating any of the provisions of this section shall upon conviction be subject to a penalty as provided by Chapter 3 section 3-1.
b. 
The imposition of a penalty for a violation shall not prevent the suspension or revocation of a license.
[Ord. #88-08; Ord. #92-03]
Whenever the owner of any land in the Township of Wantage applies for the issuance of any license or permit requiring the approval of the municipality or any municipal agency, no such license or permit shall be issued so long as there are any delinquent property taxes or assessments on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted. Dog licenses, however, may be issued regardless of whether there are any delinquent property taxes or assessments due.
When any licensee or permittee who is the owner of the property upon which the licensed business or activity is conducted has failed to pay the taxes or assessments due on the property for at least three consecutive quarters, the license or permit may be revoked by the township committee upon 10 days' notice to the holder of such license or permit. Upon payment of any such delinquent taxes or assessments the license or permit shall be restored.
The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the "Alcoholic Beverage Control Act" R.S. 33:1-1 et seq.
The township committee is hereby authorized to waive the requirement for the payment of real estate taxes as a precondition to the issuance of a license or permit as set forth in subsection 4-8.1 above in the following instances:
a. 
There is an emergency affecting public health or safety or the health or safety of residents of a particular building, where the issuance of the license or permit will alleviate the emergency, or
b. 
The issuance of the license or permit will facilitate the payment of the taxes within a reasonably short period, or
c. 
The amount of the taxes due is under $500 or
d. 
The payment of the taxes is temporarily prohibited by a bankruptcy or insolvency proceeding pending in a court of law, or
e. 
Other good cause being shown for the non-payment of the taxes and it appearing that the payment of the taxes appears likely within the next 90 days.
f. 
Any waiver granted under this subsection does not eliminate the ongoing obligation by a taxpayer to pay real estate taxes to the township or the lien for taxes held by the township.
g. 
Anyone requesting such a waiver shall apply in writing and set forth in letter form the reason why the waiver of the requirement for payment of taxes prior to the issuance of a license or permit should be granted.
The township administrator is hereby authorized to grant a temporary license or permit for a period of up to 90 days at a time if the township administrator, in her discretion, deems it appropriate to do so.
[Ord. #98-05; Ord. #2009-18]
The purpose of this section is to establish standards and regulations concerning the installation, operation and maintenance of certain alarm systems within the Township of Wantage and to reduce or eliminate false alarms.
a. 
ALARM SYSTEM - Shall mean any device employed to call attention to, or provide warning of, intrusion by any person whether the same provides a visual or audio response, alarm or warning. The term "alarm system" shall not include:
1. 
Concealed battery or electrically powered smoke detector or carbon monoxide detector units located within single-family residences and which give out an audible signal;
2. 
Automobile alarm systems:
3. 
An alarm designed to alert only the inhabitants of a premises that does not have a sounding device which can be heard on the exterior of the alarm site.
b. 
CENTRAL ALARM STATION - Shall mean an alarm station that transmits the alarm to an alarm processing center which then calls to dispatch the police and/or the fire department.
c. 
DIAL ALARM - Shall mean an alarm device using telephone or other lines which transmits an alarm signal of intrusion to the New Jersey State Police Department or any other third party.
d. 
FALSE ALARM - 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), and shall also include alarms caused by malfunctioning of the alarm device or other related equipment. False alarms shall not include:
1. 
Activation caused by power or phone line interruptions when such interruptions have been reported to the New Jersey State Police:
2. 
An alarm which is cancelled by the owner registrant, or agent, prior to the time the responding police officer is dispatched to the alarm site; and
3. 
When the responding police officer finds evidence of criminal offense or attempted criminal offense, or calamity such as fire damage by natural elements.
e. 
LOCAL ALARM - Shall mean any alarm device or local alarm located within the Township of Wantage which when activated produces an audible or visual signal (such as, but not limited to, burglar alarm activating bell devices). It shall not include motor vehicle anti-theft alarms.
f. 
PERSON - Shall mean any natural person, partnership, corporation, association or other entity.
g. 
REGISTRANT - Shall mean any person who owns, operates or leases an alarm system within the scope of this chapter, who has been issued a registration permit to operate and maintain such alarm system.
The provisions of this section shall apply to any person who owns, operates, leases, or maintains any type of alarm or alarm system as defined in subsection 4-9.2. The provisions of this section shall in no way prohibit service by a private source to persons within or without the township, so long as such operating, leasing or maintaining a premises protected by an alarm system shall be responsible for the registration in accordance with this section.
a. 
Registration shall be required for each home or business within the township utilizing any type of alarm or alarm system as defined in subsection 4-9.2 on or after the effective date of this chapter. Users of systems in place on that date shall complete the required registration form within 60 days after this ordinance is adopted.
b. 
A registration permit shall automatically terminate upon a change of occupancy of the registered premises. No more than one registration shall be required per home or business at any single location. Information provided to the township must be kept current, and the registrant must notify the township clerk in writing of any changes of information listed in the registration application no later than 30 days following the applicable change(s).
c. 
Registration form. Person(s) required to register their alarm devices shall complete and file with the municipal clerk a registration application which may be obtained from the municipal clerk's office. A copy of each registration form shall be filed with the New Jersey State Police by the township clerk who shall keep the records confidential and not open to public inspection. The registrant shall provide the following information:
1. 
The full name and address of the registrant, including a complete physical address and property description which will permit the appropriate response to the alarm.
2. 
Name and address and telephone number of the person installing, maintaining and/or owning the system.
3. 
The name and address of the person(s) responsible for monitoring and initially responding to an activation of an alarm device and a phone number for such entity and/or person(s).
4. 
The name, address and telephone number of the person who may be contacted in the event of an alarm, and at least one person 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.
A $10 registration fee shall be submitted with each registration form. Registration shall be submitted within 30 days of system installation. Failure to register shall result in a fine not to exceed $50, provided the system is registered within 30 days of imposition of the fine. After that period, each additional day is a separate violation.
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 registrant who violates this section shall each be subject to the provisions of subsection 4-9.11. In case of a false alarm, any person having knowledge of the false alarm shall immediately notify the New Jersey State Police. The New Jersey State Police shall be responsible for enforcing this section.
Dial 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. Dial alarms shall be registered as specified in subsections 4-9.4 and 4-9.5 of this section.
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 designed 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 4-9.11 of this section shall apply as though a false alarm has been activated.
The Township of Wantage is under, and assumes, no duty or obligation to any permittee or other persons by reasons of issuance or failure to issue any registration permit.
The township committee may from time to time promulgate rules and regulations supplementing this section in order to provide for record keeping and efficient management of the system.
Any person, firm, corporation or other entity who violates the terms of this section, including but not limited to failure to initially register or providing false registration information or other provisions of this section, shall be subject to a fine not exceeding $1,400 provided, however, that the following minimum and mandatory fines shall apply to false alarms.
a. 
For the first two false alarms in any twelve-month period, a warning shall be issued.
b. 
For the third false alarm within the twelve-month period, a fine of $200 shall be paid to the Township of Wantage.
c. 
For the fourth false alarm within the twelve-month period, a fine of $300 shall be paid to the Township of Wantage.
d. 
For the fifth through seventh false alarm within the twelve-month period, a fine of $400 for each occurrence shall be paid to the Township of Wantage.
e. 
For the eighth and subsequent false alarms in any twelve-month period, a fine not to exceed $1,400 for each occurrence shall be paid to the Township of Wantage, which shall be accompanied by an advisory letter (dated within 30 days following the date on which the complaint is issued) from an alarm company stating that the system is operating properly. Failure to provide such advisory letter will constitute a separate offense, subject to penalty.
In the event the State police determine the registrant has failed to take reasonable steps to avoid false alarms, the State police shall have the right to require the alarm to be disconnected for either a limited amount of time or permanently. However, no such disconnection and revocation of the permit shall take place without providing the registrant an opportunity to show cause before the municipal court why such action should not be taken. The occurrence of three or more false alarms in any calendar month shall raise the presumption that the registrant is disregarding the responsibility to take reasonable remedial steps to avoid false alarms. In the event registrant's alarm is disconnected as the result of an action under this subsection of the section, and in the event the registrant is allowed to reconnect the equipment in the future, registrant shall be responsible for a re-registration fee of $50.
[Ord. #2002-16; amended 12-28-2023 by Ord. No. 2023-15]
[Ord. No. 2002-16]
Definitions provided for in N.J.S.A. 48:16-1 shall apply to this section.
[Ord. No. 2002-16]
No person shall operate a taxicab business based in Wantage Township without obtaining a license as provided for in this section. In the event a taxicab owner or operator holds a valid license issued by another municipality or by the State of New Jersey, the owner or operator shall be exempt from this section other than to furnish proof of such valid license if requested by the Township of Wantage or a law enforcement officer while performing their official duties.
[Ord. No. 2002-16]
Application for a license required by this section shall be made to the township clerk upon forms provided by the township clerk and shall contain the following information:
a. 
The name and address of the applicant. If the applicant is a corporation, partnership, limited liability company or other business entity, the name and address of its registered agent.
b. 
A description of the taxicab(s) sought to be licensed, including the type of motor vehicle, the name of the manufacturer, the serial number, license number and seating capacity.
c. 
A copy of applicant's insurance certificate for all vehicles sought to be licensed shall be attached to the application and the certificate shall include, at a minimum, the policy number, the policy expiration date, the vehicle(s) make and models, vehicle identification numbers and insurance policy limit information.
[Ord. No. 2002-16]
a. 
Taxicab licenses shall be numbered consecutively and shall expire annually on December 31 of the year of issuance or upon lapse of the insurance required in subsection 4-10.6, whichever occurs first. Licenses not suspended or revoked may be renewed annually, subject to all of the same conditions, provisions and charges as required for the original license. Every license shall contain the following:
1. 
The purpose of the license.
2. 
The number of the license.
3. 
The name and address of the licensee.
4. 
The make, model, New Jersey Motor Vehicle registration number, as well as vehicle identification number for each vehicle.
5. 
Insurance company name and policy number and date of expiration.
b. 
The township clerk shall keep a register of all licenses granted, which register shall contain the details required by this section.
[Ord. No. 2002-16]
License fees, to cover the administrative costs associated with processing the application, are nonrefundable. License fees are as set forth in Chapter 21, Fees.
[Ord. No. 2012-16]
No license shall be issued by the township clerk unless the applicant has filed a copy of an insurance policy with the clerk in accordance with the requirements of N.J.S.A. 48:16-3.
[Ord. No. 2012-16]
The owner of the taxicab shall execute and deliver to the township clerk a power of attorney, wherein and whereby the owner shall appoint the chief fiscal officer of the municipality as his true and lawful attorney for the purpose of acknowledging service of any process, out of a court of competent jurisdiction, to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed pursuant to N.J.S.A. 48:16-3 and 48:16-4.
[Ord. No. 2012-16]
A taxicab license cannot be transferred.
[Added 12-28-2023 by Ord. No. 2023-15]
As used herein, the following terms shall have the meanings indicated:
LIMOUSINE OR LIVERY SERVICE
Includes the business of carrying passengers for hire by taxicabs.
LIMOUSINE/TAXICAB
Includes any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state and which is hired by charter or for a particular contract or by the day or hour or other fixed period or to transport passengers to a specified place or places or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this definition shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses which are subject to the jurisdiction of the Board of Public Utilities or interstate autobuses required by federal or state law or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death.
PERSON
Includes any individual, proprietorship, partnership or any form of corporate entity if the Township Clerk has issued to such person a certificate of compliance in accordance with N.J.S.A. 48:16-17.
[Added 12-28-2023 by Ord. No. 2023-15]
No person shall operate a limousine or livery service within the Township of Wantage without having notified the Township Clerk as set forth in § 4-10.11 et. seq. and paid the annual fee as required by § 4-10.13.
[Added 12-28-2023 by Ord. No. 2023-15]
Any person who intends to operate a limousine or livery service in the Township of Wantage shall, prior to commencing operation, notify the Township Clerk by filing an application in the form required by the Township Clerk. Notification shall include the make, model, year and license plate number for all vehicles used in the operation of the limousine or livery service. Any person who intends to operate a limousine or livery service in the Township of Wantage shall, prior to commencing operation, submit a fee of $50 to the Township Clerk. This section shall not apply to any person operating a limousine or livery service on the effective date of this section.
[Added 12-28-2023 by Ord. No. 2023-15]
Any person who operates a limousine or livery service in the Township of Wantage shall annually notify the Township Clerk of the make, model, year and license plate number for all vehicles used in the operation of the limousine or livery service. Such notification shall be given, in writing, on or before January 15 of each year and shall be accompanied by a fee of $50, which is in addition to the initial fee paid by new operators as set forth in § 4-10.13.
[Added 12-28-2023 by Ord. No. 2023-15]
Any person who operates a limousine or livery service in the Township of Wantage shall notify the Township Clerk of the name, address and driver's license number of every driver employed by the limousine or livery service, on or before January 15 of each year. This requirement shall also apply to any drivers hired after January 15 and who are employed for at least 30 days, following the 30th day of employment of the driver. All applicants must submit a letter of clearance issued by the New Jersey Motor Vehicle Commission or other applicable authority as proof of having satisfactorily complied with the fingerprint requirement as established by N.J.S.A. 48:16-22.3a.
[Added 12-28-2023 by Ord. No. 2023-15]
A separate license application shall be filed and a separate license fee shall be paid for each vehicle operated by the person who operates a limousine or livery service in the Township of Wantage. The Applicant shall pay to the Township of Wantage a non-refundable license fee of $50 per vehicle which shall be due on or before January 15th of each year.
[Added 12-28-2023 by Ord. No. 2023-15]
Except for limousines registered in other states pursuant to N.J.S.A. 48:16-22.4, no limousine shall be operated wholly or partly along any street in the Township of Wantage until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his, her or its principal place of business an insurance policy of a company duly licensed to transact business under the insurance laws of New Jersey in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as a result of any accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage, injury aforesaid.
[Added 12-28-2023 by Ord. No. 2023-15]
This section shall not be construed to limit or restrict the obligations of limousine and livery services to submit an insurance policy and power of attorney to the Township Clerk as required by N.J.S.A. 48:16-13 et seq.
[Added 12-28-2023 by Ord. No. 2023-15]
No limousine shall be operated on the highways of the State of New Jersey unless it has a license issued pursuant to N.J.S.A. 48:16-17 and a limousine is equipped in accordance with the minimum standards established by the director of the Division of Motor Vehicles and the Department of Transportation with:
a. 
A two-way communication system, which, at a minimum, shall provide for communication to a person outside the vehicle for a distance of not less than 100 miles and which requirement may be satisfied by a mobile telephone;
b. 
A removable first aid kit and operable fire extinguisher, which shall be placed in an accessible place within the vehicle;
c. 
Sideboards attached to the permanent body construction of the vehicle if the height of the vehicle floor is 10 inches or more above ground level or an appropriate stepping stool or box to assist passengers in entering/exiting the vehicle.
[Added 12-28-2023 by Ord. No. 2023-15]
Any owner, operator or driver shall comply with N.J.S.A. 48:16-13 et. seq. and any regulation enacted therefrom.
[Added 12-28-2023 by Ord. No. 2023-15]
This section shall apply only to those persons owning or operating a limousine or livery service in the Township of Wantage.
[Added 12-28-2023 by Ord. No. 2023-15]
Any person, firm or corporation who violates any provision of this section shall, upon conviction thereof, be punishable by one or more of the following: by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days.
[Ord. No. 2013-03]
No person, firm or corporation shall maintain, operate or possess, in any store, building or other place wherein the public is invited or where the public may enter, or any building or other place wherein any club or organization meetings are held, within the Township of Wantage, any amusement games or machines of games of skill or chance, without first obtaining a license therefor.
[Ord. No. 2013-03]
The annual license fee shall be $200 per application, with each application covering up to 50 games, payable in advance for the calendar year in which the license is issued.
[Ord. No. 2013-03]
The township clerk shall cause to be prepared the necessary form of application for license to maintain such games or machines of skill or chance. The application shall state the name and address of applicant or, if applicant is a corporation, the names of the officers and directors and the address of the corporation; the exact location where the game or machine is to be installed; the kind of game or machine; whether or not the applicant has been convicted of a crime or violation of any federal, state or local laws; and such other information as the township committee shall deem necessary and proper. A separate application shall be required for each game or machine. The license fee shall accompany each application, and if the application is denied, the fee shall be returned to the applicant.
[Ord. No. 2013-03]
The proprietor of the premises where the game or machine is to be installed shall be the applicant for the license, and the proprietor must sign the application. If applicant is a corporation, the application shall be signed by the president and secretary. Upon receipt of the application, the township clerk shall refer the same to the township construction department and fire prevention bureau, both of whom shall make or cause to be made inspections of the premises described in the application. Both parties, upon completion of the inspections, shall attach to the application their reports, in writing, and shall state their approval or disapproval and the reasons therefor. Upon receipt of the application and attached inspections reports, the township committee shall proceed to consider the application and shall approve or disapprove the issuance of a license. If the application is approved, the township committee shall authorize the township clerk to issue the license.
[Ord. No. 2013-03]
At any time after the granting of the license, the township committee may, in the exercise of its discretion, revoke same for any willful false statement in the application. The license may be revoked in the event the licensee is convicted of any violation of this section.
[Ord. No. 2013-03]
Nothing herein contained shall prohibit the holder of a license for games or machines from substituting a game or machine at the location set forth in the license, but at no time shall more than one game or machine be operated under one license.
[Ord. No. 2013-03]
Every such license shall apply only to the applicant to whom it is issued and for the premises stated in the application and license. The license shall not be transferred to another person unless the township committee approves the transfer in writing. The license shall not apply if the licensed game or machine is moved to another premises unless the township committee approves the movement in writing.
[Ord. No. 2013-03]
No more than 50 amusement games or machines of the type herein regulated shall be permitted to be used in any one place, location or premises.
[Ord. No. 2013-03]
Said license, when granted, shall be affixed in a conspicuous place to the game or machine for which it was issued and shall show the name and post office address of the licensee, the address where the device is installed or maintained and the amount required to operate the device and shall state that the device to which the license is affixed is licensed by the Township of Wantage.
[Ord. No. 2013-03]
No licensee shall permit any mechanical amusement game, such as blackjack or other such gambling amusement device, to be operated on the premises except as otherwise provided by law.
[Ord. No. 2013-03]
Any person violating any of the provisions of this section, upon conviction thereof, shall be penalized by a fine in any sum not exceeding $2,000 or may be imposed in the township or county jail for a term of not exceeding 90 days, or both, in the discretion of the magistrate before whom such conviction is had. Any corporation violating any of the provisions of this section shall, upon conviction thereof, pay a fine not exceeding $2,000, which may be recovered and collection in the manner provided by law.