Borough of Sea Girt, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 902 § 1A]
Pursuant to the provisions of N.J.S.A. 40:52-1(c), except as provided in subsection 4-1.3 below, no person shall, within the Borough, hawk, peddle or engage in the business of itinerant vendor of merchandise without first having procured a license therefor from the Municipal Clerk.
[Ord. No. 902 § 1B; New; Ord. No. 03-2014 § 1]
a. 
Application for license shall be made to the Municipal Clerk on a form containing the name and address of the applicant, the applicant's drivers license number, and a statement of the nature of the merchandise to be sold, together with a fee of $75. The applicant shall furnish an identification photo which may be obtained at the Sea Girt Police Department and will be attached to the license when issued, which will also contain the information contained in the application.
b. 
The license will be valid for the remainder of the calendar year from its date of issue and shall be carried on the person of the licensee and exhibited to any Sea Girt Police Officer upon request.
c. 
The number of hawking, peddling and itinerant vendor licenses under this section to be issued and outstanding in any one year is limited to two.
[Ord. No. 902 § 1C]
Holders of valid special licenses issued pursuant to N.J.S.A. 45:24-9 et seq., are not required to obtain a municipal license, but are subject to the regulations set forth in this section.
[Ord. No. 902 § 1D; Ord. No. 03-2014 § 2]
a. 
Holders of a license to hawk, peddle or sell goods may operate only between the hours of 10:00 a.m. to 8:00 p.m. inclusive.
b. 
No hawking, peddling or selling of goods is permitted east of First Avenue.
c. 
No holders of a license to hawk, peddle or sell goods (itinerant vendor) may stand or stop on any street of the Borough of Sea Girt for longer than 10 minutes unless actively engaged in the hawking, peddling or selling of goods with customers present, with the exception of the south side of Baltimore Boulevard between Fourth and Fifth Avenues, where a time limit maximum of up to three consecutive hours for stopping or standing to engage in hawking, peddling or selling of goods shall be in effect.
[Ord. No. 902 § 2; Ord. No. 03-2014 § 3]
Any person violating this section will, upon conviction in the Municipal Court, be subject to a fine of no less than $100 or more than $2,000 or imprisonment for no more than five days.
[Ord. No. 218 § 1; Ord. No. 885 § 1; Ord. No. 02-2011]
It shall be unlawful for any person, organization or entity to engage in door to door solicitation or advertisement of any commercial transaction, advertisement or fundraising which shall include the sale of items for fundraising purposes, in the Borough (hereinafter referred to collectively as "licensed activity") without having first obtained a license therefor in compliance with the provisions of this section.
[Ord. No. 885; Ord. No. 02-2011]
Applicants for a license under this section must file with the Borough Clerk, at least five days in advance of engaging in the licensed activity, a sworn permit application. The permit issued shall set forth the times and dates on which the licensed activity will occur. To obtain a permit the applicant shall submit a written application which shall give the following information:
a. 
The name, social security number or driver's license number and physical description of the applicant if an individual. The name and address of all principals of any organization or business entity. Applications for a partnership, corporation or limited liability company shall be signed by all principals of the entity, with the foregoing provisions of this section answered in detail as to each. Applications of such entities shall also identify and provide a home address for all persons that will engage in the licensed activity;
b. 
The telephone number to reach the applicant together with the complete permanent home and local address or address of the principal office of any organization or entity together with the telephone number, name and address of any and all persons that will engage in the licensed activity;
c. 
A description of the nature of the business and the goods, services to be sold or the purpose for which funds are to be solicited;
d. 
If employed, the name and address of the employer, together with the credentials therefrom establishing the exact relationship;
e. 
The length of time for which the right to engage in the licensed activity is desired and the days of the week and the hours of the day within which the licensed activity will be conducted;
f. 
The source of supply of the goods or property or services proposed to be sold, where such goods, services or products are located and the method of delivery;
g. 
A photograph of the applicant and any persons engaging in the licensed activity which shall be approximately two by two inches showing the head and shoulders of such person(s) in a clear and distinguishing manner;
h. 
A statement as to whether or not the applicant or any person proposed to engage in the licensed activity has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor.
[Ord. No. 02-2011]
At the time of filing the application, a fee of $15 shall be paid to the Borough Clerk to cover the costs of investigation of facts stated therein.
[Ord. No. 02-2011]
No license shall be issued until the application shall have been approved by the Borough Clerk, allowing adequate time for investigation of facts set forth in the application. The license shall be kept in the possession of any and all persons engaging in the licensed activity. Failure to produce the license upon request of the Borough Police shall result in a fine of $500. Failure to obtain a license prior to engaging in any licensed activity is punishable by a fine up to $1,000.
[Ord. No. 02-2011]
Notwithstanding the foregoing no person or entity shall enter upon the property of any resident that has posted a "No Solicitation" sign. Any solicitation in violation of the foregoing shall be punishable by a fine of up to $500.
[Ord. No. 02-2011; Ord. No. 23-2014]
No person shall solicit or distribute circulars or other materials or call from house to house for any purpose except between the hours of 10:00 a.m. to 5:30 p.m., inclusive; applicants shall be limited to a maximum of six licenses per calendar year per applicant or organization. The foregoing time limitation is content neutral and is applicable to any door to door activity whether or not the activity is a licensed activity or an otherwise permitted non-licensed activity. Violation of this section is punishable by a fine up to $500.
[Ord. No. 02-2011]
No person shall place handbills, circulars or any other written materials or documents upon any vehicle parked in the public right-of-way or any utility pole, box, road sign, mailbox or any other structure within the public right-of-way including sidewalk areas. Violation of this section shall be punishable by a fine of up to $500.
[Ord. No. 18-2011]
It shall be the responsibility of the person(s) leaving items on residents' doorknobs or front steps, to return within 72 hours to collect any items that have not been collected by the homeowner.
[Ord. No. 18-2011]
Where no other penalty is stated, any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine of $200 for a first offense, and no more than $1,000 for each subsequent offense.
[Ord. No. 452, A3, § XVI; Ord. No. 736 § 1; New]
a. 
False alarms impose an unnecessary burden of expense and time to the emergency services in the Borough and repeated occurrence of false alarms from an alarm system is a violation of this section.
b. 
Repair of Alarm. When false alarms are received by the Police Department, the Police Chief is authorized to demand that the owner or lessee of such device, or his representative, repair the device.
c. 
Notice to Police Department; Records. In the event of a false alarm, any person having knowledge thereof shall immediately notify the Police Department which will keep accurate records of each such occurrence.
d. 
Administrative Fees.
1. 
For the first, second and third false alarm occurring within a twelve-month period, a written warning giving the date, time and location of the occurrence, will be mailed by the Police Department to the owner or lessee of the alarm device.
2. 
For the fourth false alarm occurring in a twelve-month period, an administrative fee of $100 will be paid to the Borough by the owner or lessee.
3. 
For the fifth and any subsequent false alarms in a twelve-month period, an administrative fee of $250 for the fifth false alarm, not to exceed $1,000 for each further false alarm.
e. 
Time for Payment. In the event that the administrative fees assessed in accordance with paragraph d above, are not paid within 15 days of notification of their assessment, a complaint will be filed in the Municipal Court for violation of this section.
[Ord. No. 452, A3, § XVII; Ord. No. 736 § 1; New]
a. 
Any person or corporation convicted of failing to pay the administrative fee assessed in accordance with the provisions of this section shall be subject to a fine of not less than $75 nor more than $200.
b. 
Any person or corporation convicted of a violation of any other provisions of this section shall be subject to a fine of not less than $50 nor more than the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 2006-03 §§ 1-3; New]
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:1A-9 and which regulations shall be found in the New Jersey Administrative Code as part of the State Sanitary Code. The Code established and adopted by this section is commonly known as the "Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," of the New Jersey State Sanitary Code, N.J.A.C. 8:24-1 et seq.
[Ord. No. 2006-03 § 4]
The Borough of Sea Girt and its Health Officer, and its agents and/or employees including but not limited to its Regional Health Commission, shall have the right of entry at any reasonable hour, into and upon any public or private building, or premises for the purpose of enforcing the provisions of this Code and of this section, or determining whether such provision or the rules and regulations of this Borough's Regional Health Commission are being complied and obeyed. No person shall oppose such entry or hinder or interfere with the Borough's or its representatives of its Health Commission or any agents or employees, or Health Officer, all as aforesaid, in the performance of their duties.
[Ord. No. 2006-03 § 5; New]
The Borough of Sea Girt hereby fixes the following fees:
a. 
Fees for annual licensing of retail food establishments are hereby fixed as follows:
1. 
Minimum fee all establishments: $125 per year.
(a) 
Mobile vehicles: $75 per year.
(b) 
Special events lasting one week in duration or less: $50 per year.
2. 
Establishments other than licensed restaurants:
(a) 
Between 4,000 and 10,000 square feet: $500 per year.
(b) 
Over 10,000 square feet: $800 per year.
3. 
Restaurants:
(a) 
Seating capacity up to 50: $150 per year.
(b) 
Seating capacity from 51 to 100: $225 per year.
(c) 
Seating capacity over 100: $400 per year.
b. 
Fees for the plan review of retail food establishments are hereby fixed as follows:
1. 
Establishments other than restaurants:
(a) 
Between zero and 4,000 square feet: $275 per plan.
(b) 
Between 4,001 and 10,000 square feet: $525 per plan.
(c) 
Over 10,001 square feet: $1,000 per plan.
2. 
Restaurants:
(a) 
Seating capacity up to 100: $350 per plan.
(b) 
Seating capacity over 100: $650 per plan.
c. 
Limited establishment alterations: $150 per plan.
[Ord. No. 2006-03 § 6]
All retail food establishments shall be operated in compliance with the provisions of the aforesaid Code adopted by this section and N.J.A.C. 8:24-1 et seq. New Jersey Administrative Code.
[Ord. No. 2006-03 § 7]
This section may be enforced by and in the name of the Borough of Sea Girt and its Regional Health Commission by proceedings instituted and prosecuted in a court having jurisdiction over such proceedings.
[Ord. No. 2006-03 §§ 8 — 10; N.J.S.A. 26:1A-10]
Any person who violated any provisions of this section or Code established herein shall upon conviction thereof, be liable to a penalty of not less than $50 nor more than $1,000 for each violation, each day a particular violation continues shall constitute a separate offense. Upon refusal or neglect, upon and after conviction, to pay the amount of the penalty or fine, the person so convicted shall be subject to be committed to the County Jail for a period no exceeding 90 days, all in the discretion of the Judge of the Municipal Court or other officer before whom the complaint shall be brought.
In the event that any violation of this Code shall be a violation of a New Jersey State Law, for which a greater penalty is provided for than that contained in the aforesaid Code and this section, the Municipal magistrate, before whom the complaint is brought, based upon such violation, shall in his or her discretion, have the right to impose, in the place and in lieu of any penalty provided for herein, that is so provided for in the New Jersey State Law which is so violated.
Every act in such Code or herein designated as being unlawful is hereby prohibited and every act herein expressly prohibited, is hereby designated as being unlawful.
[Ord. No. 2006-03 § 13]
The license fees established pursuant to subsection 4-4.3a et seq. shall be paid to the Borough of Sea Girt within which such fees are assessed and collected.
[Ord. No. 2006-03 § 14]
The plan review fees established pursuant to subsection 4-4.3b et seq. shall be paid directly to the Monmouth Regional Health Commission No. 1 within that health agency's jurisdiction which such fees are assessed and collected.
[Ord. No. 2006-03 § 15]
The license of any retail food establishment covered in this section is not transferable upon the sale of such retail food establishments and the new owner of any retail food establishment must apply for a new license and pay the appropriate fee provided for in subsection 4-4.3a et seq.
[Ord. No. 415 § 1]
As used in this section:
GARAGE SALES
Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale" or "flea market," or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
GOODS
Shall mean and include any goods, warehouse merchandise or other tangible personal property capable of being the object of a sale regulated hereunder.
PERSON
Shall mean and include individuals, partnerships, voluntary associations and corporations.
[Ord. No. 415 § 2; New]
It shall be unlawful for any person to conduct a garage sale in the Borough without first filing with the Police Department the information hereinafter specified and obtaining from the Police Department a license to be known as a "Garage Sale License." The fee for such license shall be $10.
[Ord. No. 415 § 3]
A Garage Sale License shall be issued to any one person only once within a twelve-month period and no such license shall be issued for more than three consecutive calendar days.
Each license issued pursuant to this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
[Ord. No. 415 § 4]
The information to be filed with the Police Department, pursuant to this section shall be as follows:
a. 
Name of person, firm, group, corporation, association or organization conducting the sale.
b. 
Name of owner of the property on which such sale is to be conducted, and consent of owner if applicant is other than owner.
c. 
Location at which sale is to be conducted.
d. 
Number of days of sale.
e. 
Date and nature of any past sale.
f. 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
[Ord. No. 415 § 5]
All garage sales shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. only, except that no garage sale shall be conducted on a Sunday or legal holiday.
[Ord. No. 415 § 6]
No more than one sign, not exceeding six square feet in area shall be permitted for the purpose of advertising such garage sale. The sign shall have a space allotted thereon upon which shall be prominently endorsed the name and address of the person conducting the sale. If such a sign is used it shall be posted only upon the premises on which the sale is conducted and shall be removed within 24 hours after completion of the sale.
[Ord. No. 415 § 7]
The provisions of this section shall not apply to or affect the following persons or sales:
a. 
Persons selling goods pursuant to an order or process of a Court of competent jurisdiction.
b. 
Persons acting in accordance with their powers and duties as public officials.
c. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement in which separate items do not exceed five in number.
d. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the Zoning Regulations of the Borough or under the protection of the Nonconforming Use Section thereof or any other sale conducted by a manufacturer, dealer or vendor, which sale is conducted on properly zoned premises and not otherwise prohibited by any other ordinance or statute.
e. 
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
[Ord. No. 415 § 8; New]
This section shall be enforced by the Police Department, the Code Enforcement Officer, Zoning Officer or other official authorized by the Borough. It shall be the duty of members of the Police Department to investigate any violations of this section coming to their attention, whether by complaint or arising from their own personal knowledge, and if a violation is found to exist, they shall prosecute a complaint before the local Municipal Court pursuant to the provisions of this section. It shall be the duty of the Police Department to bring further investigation and prosecution of any violations of this section of which the Police Department becomes aware during the course of its normal duties.
[Ord. No. 415 § 9]
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets within the area and neighborhood of such premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Departments of the Borough in order to maintain the public health, safety and welfare.
[Ord. No. 415 § 10; New]
Any person conducting a garage sale without being properly licensed therefor or who shall violate any of the other terms and regulations of this section, shall upon conviction be liable to the penalty stated in Chapter 1, Section 1-5. Each day that such sale shall continue without being duly licensed shall constitute a separate violation.
[1]
Editor's Note: For seasonal residential units, see Section 4-8.
[Ord. No. 294]
It shall be unlawful for any person, firm or corporation to conduct, operate, manage or otherwise engage in, or use, any building, structure or place for the business of a hotel, boardinghouse, rooming house, boarding and rooming house, lodging house or place where rooms are let or rented for hire, or where food is served in connection therewith, without first registering and licensing the hotel, boardinghouse, rooming house, boarding and rooming house, lodging house or place where rooms are let or rented for hire, or where food is served in connection therewith, with the Borough Clerk, in the Borough Hall, upon forms which will be provided for that purpose by the Borough Clerk. The forms, among other things, shall provide for the name of the owner, lessee, operator or other person in charge thereof, the address of the place of business and the nature or character of the business to be carried on, and shall further state the zone, pursuant to the Zoning regulations of the Borough, in which the premises are located, and the period of time during which the business has previously been carried on at that site. The making of any false statements on the application for the registration and license shall be a violation of this section.
[Ord. No. 294; Ord. No. 781 § 1; New]
For the purposes of classification of premises used for such purposes, and for determining the fee to be charged for the licenses, the structures wherein these uses are carried on are hereby divided into two classes, as follows:
a. 
Class A, consisting of structures of 15 rooms or less for guest sleeping accommodations, for which the license fee shall be $100.
b. 
Class B, consisting of structures of 16 rooms or over, for which the license fee shall be $100 for the first 15 rooms for guest sleeping accommodations, and $20 for each additional guest room in addition to the first 15.
[Ord. No. 294]
The registration shall be made and license issued annually, for the calendar year, and shall expire on December 31 of each year.
[Ord. No. 294]
The annual fee for the registration and license shall be such amount computed to be due, pursuant to the classification and rates as set forth in subsection 4-6.2 which shall be paid by the applicant to the Borough Clerk at the time of the registration and shall be immediately paid by the Clerk to the Borough Collector.
[Ord. No. 294]
Nothing in this section shall be construed to permit the conduct or operation of any of the businesses mentioned in subsection 4-6.1 hereof in any zone where such business is prohibited under the Zoning regulations of the Borough, unless the registration discloses that the use is a valid nonconforming use, and was in existence at the time of the enactment of the Zoning regulations or any amendments thereof prohibiting the use.
[Ord. No. 185; Ord. No. 306]
As used in this section:
The occupancy, or the allowance thereof, by the owner or lessee or occupants, of any one-family dwelling unit in the Borough, with or without consideration being paid therefor, by three or more persons not constituting a family as hereinafter defined, shall be construed as the operation of a rooming or lodging house by the owner, lessee and each occupant thereof, and a family shall mean members of a household living together as a single unit, and who are related by blood or marriage, and who, prior to their occupancy of the dwelling unit in the Borough, resided together as members of a household.
HOTEL, BOARDINGHOUSE, ROOMING HOUSE OR LODGING HOUSE
Shall mean any building used for housing purposes in which one or more persons are boarded or lodged, either with or without the service of meals, for a consideration.
[Ord. No. 185]
No person, firm or corporation shall engage in the business of conducting, maintaining or operating a hotel, boardinghouse, rooming house or lodging house as herein defined, in the Borough, without securing a license therefor after making application in writing to the Borough Clerk, under oath, signed by the owner or operator of such hotel, boardinghouse, rooming house or lodging house, and setting forth the following:
a. 
Full name and address of proprietor or operator of such hotel, boardinghouse, rooming house or lodging house, and of the owner of the premises.
b. 
Location of the hotel, boardinghouse, rooming house or lodging house.
c. 
The portions of the building intended to be used as a hotel, boardinghouse, rooming house or lodging house, together with drawings showing dimensions of floor plans of all buildings not originally constructed as a hotel, boardinghouse, rooming house or lodging house.
d. 
Number and location of bedrooms of hotel, boardinghouse, rooming house or lodging house.
e. 
Statement of sanitary facilities of hotel, boardinghouse, rooming house or lodging house.
[Ord. No. 185]
The fee for the license for conducting and operating a hotel, boardinghouse, rooming house or lodging house shall be as set forth in subsection 4-6.2, which license fee shall accompany the application, and a new application for license shall be made for each calendar year.
[Ord. No. 185; New]
The Chief of the Fire Department, or any member of the Fire Department designated by him, or the Fire Official, Code Enforcement Official or other official authorized by the Borough shall make such investigations and inspections as may be necessary to determine whether or not the provisions of this section are being observed, and shall report all violations to the Borough Council.
[Ord. No. 185]
a. 
All applications for a license to conduct or operate a hotel, boardinghouse, rooming house or lodging house shall be made to the Borough Clerk, who shall refer such applications to the Chief of the Fire Department, or such member thereof designated by him as an inspector, to make an inspection of such hotel, boardinghouse, rooming house or lodging house in which the business is to be conducted, to ascertain if the building thereon is suitable for the purpose, and if the building complies with the provisions of this section and any and all ordinances and regulations of the Borough and with the laws of the State of New Jersey, the Fire Chief or his agent shall file with the Borough Clerk a report in writing concerning the result of his examination, and if the report of the Fire Chief or his agent discloses that the premises for which the license is sought complies with the provisions of this section and with all other ordinances and regulations of the Borough and with the laws of the State of New Jersey, the Borough Clerk may issue a license to conduct and operate the business of hotel, boardinghouse, rooming house or lodging house on the premises.
b. 
If the Fire Chief or his agent shall determine, upon inspection of the premises for which the license is applied for, that the building thereon does not comply with this section or with all other ordinances and regulations of the Borough, or with the laws of the State of New Jersey, then and in that event no license shall be granted to conduct the business of operating a hotel, boardinghouse, rooming house or lodging house on the premises, and the license fee therefor shall be returned to the applicant.
c. 
Nothing herein contained shall prevent the Chief of Police or the Chief of the Fire Department or the Board of Health, or any of them, from inspecting or investigating the premises to determine whether or not the ordinances and regulations of the Borough are being complied with.
[Ord. No. 185]
No room in any hotel, boardinghouse, rooming house or lodging house which is occupied or is intended, arranged or designed to be occupied for sleeping purposes shall be so overcrowded that there shall be afforded less than 400 cubic feet of air space to each person 12 years of age and over, and 200 cubic feet of air space to each child under 12 years of age. No greater number of occupants than thus established shall be permitted to sleep in any one room. No room shall be used for a sleeping room which does not open to the outside of the building on street or alley side or to a yard or court, and each sleeping room shall have at least one window and one door. The total area of windows shall be not less than 10% of the floor area of the room, including the area of every recess or alcove. Each window shall be constructed to permit at least 50% of its full area to be opened, either the top or bottom or side. The tops of all such windows shall be not less than six feet above the floor of any sleeping room.
[Ord. No. 185]
Every sleeping room in a hotel, boardinghouse, rooming house or lodging house in the Borough shall have a clear height between floor and ceiling of not less than seven feet. Its least horizontal dimensions shall be not less than seven feet and it shall have a floor area not smaller than 70 square feet.
[Ord. No. 185]
No room in any hotel, boardinghouse, rooming house or lodging house shall be used as a sleeping room which was not originally constructed for such purpose, and no basement, garage or barn shall be used or occupied as a sleeping room, and no porches shall be occupied as sleeping rooms, unless the adjoining space is occupied by the same party, and then only if the cubic content and floor space thereof comply with the provisions of this section.
[Ord. No. 185]
No person, firm or corporation which shall conduct the business of boarding or lodging one or more persons in any building in the Borough, either with or without the service of meals, for a consideration, shall erect any sign or advertise the taking of roomers, boarders or lodgers, in any way, without first making application for a license and paying the fee therefor, as provided herein; and complying with all the other provisions of this section.
[Ord. No. 185]
In every hotel, boardinghouse, rooming house and lodging house there shall be toilets in the ratio of at least one toilet for every 10 occupants, or fraction of such number.
[Ord. No. 185]
No gas, coal or electric range or stove or any other apparatus or appliance shall be used for the cooking or preparation of food or shall be installed in any room in any hotel, boardinghouse, rooming house or lodging house which is occupied or is intended, arranged or designed to be occupied for sleeping purposes, nor shall any food to be cooked or otherwise be prepared or stored in any room in any hotel, boardinghouse, rooming house or lodging house, which room is occupied or is intended, arranged or designed to be occupied for sleeping purposes.
[Ord. No. 185]
It shall be unlawful for the lessee, proprietor or operator of any hotel, boardinghouse, rooming house or lodging house to let, underlet, rent or permit any hotel, boardinghouse, rooming house or lodging house or any part thereof, for the purpose of being occupied by any person or persons with the privilege of installing in any room which is occupied or intended, arranged or designed to be occupied as a sleeping room, any gas, coal or electric range or stove or any other apparatus or appliance to be used for the purpose of cooking, storing or preparing foods.
[Ord. No. 185]
It shall be unlawful for the lessee or occupant of any hotel, boardinghouse, rooming house or lodging house to cook or otherwise prepare food in any room in a hotel, boardinghouse, rooming house or lodging house, which room or rooms is or are occupied or intended, arranged or designed to be occupied as a sleeping room or rooms.
[Ord. No. 185]
a. 
Every hotel, boardinghouse, rooming house or lodging house in the Borough containing two or more floors shall be provided with suitable outdoor metal fire escapes for the benefit of the occupants of the second or higher floors.
b. 
There shall be exits provided to such fire escapes for every one to 75 beds on each floor.
c. 
The corridors of such second or higher floors shall lead directly to such fire escapes through doors opening outward and equipped with panic latches.
d. 
Every fire escape shall be of sufficient length to extend to the ground or other place of landing, and every door leading from the corridor to such fire escape shall be in full view and plainly marked with a red exit light visible at night.
[Ord. No. 185]
a. 
One approved-type fire extinguisher of suitable size shall be placed in every 50 feet of corridor or fraction thereof in every hotel, boardinghouse, rooming house or lodging house, the extinguishers to be in full view and plainly marked with means to be provided so that they are visible at night.
b. 
Two fire extinguishers are to be placed in the main lobby of every hotel, boardinghouse, rooming house or lodging house.
[Ord. No. 185; New]
a. 
Every floor of every hotel, boardinghouse, rooming house or lodging house shall contain a fire gong or other audible alarm, capable of being heard throughout the floor, which shall be used in case of an alarm or fire. All gongs or audible alarms are to be rung from each fire station which shall be used in case of an alarm or fire. Each fire station shall be in full view and plainly marked with means provided so that they are visible at night.
b. 
A fire gong or audible alarm and fire station shall also be set up in every lobby and every floor of each hotel, boardinghouse, rooming house or lodging house in the Borough.
[Ord. No. 185; New]
When the above-mentioned fire equipment is installed or when any changes are made after the initial installation, it shall be necessary to obtain the approval of the local Fire Committee, Fire Official, Code Enforcement Official, Fire Prevention Officer or other official authorized by the Borough. Inspection of the equipment may be made by any member of the local Fire Committee at any reasonable hour.
[Ord. No. 185]
There shall be posted in a conspicuous place in every hotel, boardinghouse, rooming house or lodging house a copy of this section which copy shall be furnished by the Borough.
[Ord. No. 14-2011 § 1]
BLOCK PARTY
Shall mean a festive gathering on a residential street requiring a closure of said street, or a portion thereof, to vehicular traffic and use of the street for the festivity.
BOROUGH
Shall mean the Borough of Sea Girt.
COUNCIL
Shall mean the Sea Girt Borough Council.
ORGANIZER
Shall mean any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event. This person shall also be deemed the "responsible person(s)" who shall be the contact person prior, during and after the event for all Borough employees or representatives and shall respond to all Borough inquiries and demands.
PERSON
As used in this section, shall mean any natural person who is a Borough resident and owner or lessee of property on the block for which the permit is sought, or company duly formed and existing under the laws of the State of New Jersey, its owners, agents, employees or representatives, except where the context clearly requires a different meaning.
PUBLIC GROUND OR PARK
Shall not, for purposes of this section, include real property owned or leased by Sea Girt Elementary School.
SPECIAL EVENT
Shall be defined as any race, walkathon, fair, carnival, festival, show, exhibition, block party or other similar event in or upon any public grounds, park, beach or road of the Borough, must first apply for and obtain a permit from the Borough.
SPECIAL EVENT PERMIT OR PERMIT
Shall mean a permit issued pursuant to this section.
SPECIAL EVENTS COMMITTEE
Shall mean the Borough Council of Sea Girt Special Events Committee, the Borough Administrator, Chief of Police or his designee, Superintendent of Public Works or his designee, such other municipal employees or professionals as deemed appropriate and necessary by the Committee.
STREET
Shall mean a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highways or alleys.
VENUE
Shall mean the specific property, area or site for which a block party permit has been issued.
[Ord. No. 14-2011 § 2]
A person or organization desiring to hold any race, walkathon, fair, carnival, festival, show, exhibition, block party, or other similar event in or upon any public grounds of the Borough of Sea Girt, park, beach or road of the Borough (except weddings which are addressed in Chapter 9, Beaches, Boardwalks and Dunes), must first apply for and obtain a Special Event Permit from the Borough Clerk in accordance with the requirements of this section. Any such race, walkathon, fair, carnival, festival, show, block party or other similar event, shall constitute a Special Event. To obtain a permit for a special event, the organizer shall also satisfy the requirements set forth herein.
[Ord. No. 14-2011 § 2]
Special events are permitted only on those dates designated and approved by the Borough Council by resolution.
[Ord. No. 14-2011 § 2]
An application for a Special Event Permit required by this section shall be filed with the Clerk on a form furnished by the Borough Administrator, and signed by the organizer under penalty of perjury. The application shall evidence the consent of all affected property owners or lessees of property within the street(s) of a proposed block party. An application shall be filed not less than 45 days before the date of the proposed special event. The forty-five-day time period may be waived by the Borough Council if an event arises on short notice, so long as it is submitted no sooner than four business days before the next Council meeting.
[Ord. No. 14-2011 § 2]
There shall be a fee of $40, payable upon the filing of the application. This fee may be waived by the Council under circumstances which it deems appropriate.
[Ord. No. 14-2011 § 2]
An entity which holds recurrent events for the benefit of the citizens of Sea Girt may make a single application listing all of the events for consideration. Unless waived by the Mayor and Council, only one application fee shall be paid. If such an entity wants to add an event after its application has been submitted, it shall do so with a letter addendum which will be considered as set forth herein.
[Ord. No. 14-2011 § 2]
The Special Event Permit application shall contain:
a. 
Names, addresses, and telephone numbers of organizers and, where applicable, the name and address of each owner of property whose access to the temporarily closed street will be directly impacted by a Special Event street closure, and a Consent and Acknowledgment form signed by each such owner;
b. 
The date and period of time for such temporary street closings, if applicable;
c. 
The proposed location and description of any temporary structures, rides or other items to be placed in the roadway or other municipal property;
d. 
A signed statement by the organizer that he/she or they agree to abide by all the conditions of the Special Event Permit, the ordinances of the Borough, except as expressly waived by resolution, and the applicable rules and regulations of the Police Department;
e. 
A designated contact and responsible person(s);
f. 
Where applicable, an acknowledgement by property owners that no motor vehicle traffic will be permitted during the special event, except for vehicles used in connection with the block party, with the exception of municipal vehicles, and emergency vehicles;
g. 
Escrow. The organizer shall provide an escrow, as determined by the Special Events Committee based upon the reasonably anticipated Borough costs for public works, police services and first aid services arising from the special event, no less than 10 days prior to the special event. Costs incurred as a result of the Special Event will be drawn from the escrow. If money remains it shall be refunded to the organizer and any deficiency will be paid by the organizer no later than five days after notice of said deficiency.
[Ord. No. 14-2011 § 2]
The Special Events Committee shall review each application and make the following recommendations:
a. 
To approve or deny the permit application;
b. 
Appropriate and necessary public entity support services, such as police, first aid, and public works;
c. 
Appropriate health, safety and risk management techniques and measures;
d. 
Other permit conditions which promote the health, safety, and welfare of the public.
[Ord. No. 14-2011 § 2]
a. 
Standards for Issuance. The Mayor and the Council shall review the recommendations of the Special Events Committee and make the final determination of whether to issue a Special Events Permit by resolution adopted by majority vote. The resolution shall set forth such conditions, measures and restrictions as may be necessary to insure that the standards and obligations set forth herein, and in the Special Event Permit, are complied with. The permit shall also be conditioned upon the organizer's written agreement to comply with the terms of the Special Event Permit.
[Ord. No. 14-2011 § 2]
In addition to considering the health, safety, and welfare of the public, the standards for the issuance of a Special Event Permit shall include:
a. 
The time, size and location of the special event will not disrupt, to an unreasonable extent, the movement of traffic throughout the Borough;
b. 
Whether the special event is of a size or nature that it would require the diversion of so great a number of Police Officers of the Borough that reasonable police protection would be denied to the Borough;
c. 
The special event will not interfere with another event for which a Special Event Permit has already been issued;
d. 
Complies with the public demonstration ordinance;
e. 
The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance;
f. 
The conduct of the special event, or its location, will not interfere with the movement and response of fire fighters and their equipment, police or ambulance service;
g. 
The time, size and location of the special event will not cause undue hardship to adjacent residences or businesses;
h. 
The Borough reserves the right to waive any and all conditions, or to reject the application, in its sole discretion.
[Ord. No. 14-2011 § 2]
The following events and entities are exempt from the requirements of this section:
a. 
No Special Event Permit shall be required for impromptu public outpourings which do not require the closing of a roadway;
b. 
Nonprofit, civic and community entities holding sporting or other recreational activities or events on property owned or leased by the Sea Girt Elementary School;
c. 
Borough Recreation Department;
d. 
Sea Girt Beach Utility and Beach Patrol;
e. 
The Fire Department and Fire Company;
f. 
Events arranged by the Borough.
The Mayor and Council may, where they determine it to be appropriate, waive the costs associated with policing or cleaning after such an event.
[Ord. No. 14-2011 § 3]
The Borough shall require, as a condition of the issuance of a Special Event Permit, and the organizer shall furnish evidence of a public liability insurance policy in an amount not less than $1,000,000 combined single limit, per occurrence and in the aggregate, covering personal injury and property damage, issued by an insurance company authorized to do business in the State of New Jersey. The insurance policy shall be endorsed to the Borough of Sea Girt, with the Borough, its elected and appointed boards, officers, agents, and employees named as additional insured, and shall provide that any other insurance maintained by the Borough shall be in excess of and not contributing with, the insurance coverage provided to the Borough under the organizer's policy.
The organizer shall also be required to sign an indemnity agreement in a form approved by the Borough Attorney which shall expressly provide that the organizer agrees to defend, protect, indemnify and hold the Borough, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of organizer, participants, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the organizer shall, at organizer's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the Borough, its officers, agents, participants or employees, and that the organizer shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the Borough, its officers, agents or employees as a result of the alleged acts or omissions of organizer or organizer's officers, agents, participants or employees in connection with the uses, events or activities under the permit.
[Ord. No. 14-2011 § 4]
A violation of this section shall, upon conviction, be considered a misdemeanor and may be punished as such with penalties and fines consistent with the Borough Code and Section 1-5. In addition to penalties and fines, the violating party may be assessed police and/or public works costs incurred by the Borough as a result of said violation.
[Ord. No. 14-2011 § 4]
The holding or conducting of any block party subject to the provisions of this section without a valid permit issued pursuant to the provisions of this section is hereby declared a public nuisance.
[Ord. No. 14-2011 § 5]
a. 
The Police Department of the Borough shall, in connection with their duties imposed by law, diligently enforce the provisions of this section.
b. 
The Police Department of the Borough shall have the authority to eject from the special event area any person or persons acting in violation of this section or other applicable ordinances of the Borough.
c. 
The Police Department of the Borough shall have the authority to seize and confiscate any property, thing, or device used in violation of this section.
d. 
The Mayor and Chief of Police shall have the authority to suspend or revoke a permit upon a joint finding by them of a violation of any rule, permit condition, ordinance or upon good cause shown. If a permit is suspended, it may be reinstated by the Mayor and Chief of Police if the violation is demonstrated to be rectified in a timely manner.
Former Section 4-8, Seasonal Residential Units, previously codified herein and containing portions of Ordinance Nos. 817 and 2007-17 was repealed in its entirety by Ordinance No. 19-2012. See Ch. 13 for rental property regulations.
[Ord. No. 722 § I]
a. 
The Chief of Police of the Sea Girt Police Department shall establish a list of persons or firms who shall be utilized by the Police Department to provide towing and wrecking services for abandoned or wrecked vehicles. The list shall be comprised of a maximum of 12 operators. In establishing the list, the Chief of Police shall determine as eligible any operator capable of responding to any location in Sea Girt within 15 minutes of receiving a telephone call to provide the towing service.
b. 
The Chief of Police shall also establish and maintain a waiting list for operators in the event that the number of authorized operators exceeds 12. The placement on the waiting list shall be based on the date of filing the application by the person or firm wanting to be utilized by the Police Department for towing and wrecking services.
[Ord. No. 722 § II; Ord. No. 22-2010]
a. 
An application for a license as a proprietor of a towing or wrecking business to be placed upon the list to be utilized by the Police Department shall be made by the person or firm engaged in operating a wrecker or wreckers. The application shall be made on forms furnished by the Police Department and shall specifically report the following facts:
1. 
The full name and address of the applicant. If the applicant is a corporation, it shall state the names and addresses of the officers and directors thereof, its registered office and its resident agent. If the applicant is a partnership, it shall state the names and addresses of all of the partners.
2. 
The year, make and type of each wrecker used in the business, its serial number, registration number and registered owners.
3. 
The address where the wrecker or wreckers shall be regularly garaged, the telephone numbers available on a twenty-four-hour-per-day basis and the names of all operators, their addresses and the serial number of their New Jersey motor vehicle licenses.
b. 
The application for a towing and wrecking license shall be accompanied by:
1. 
A certificate of liability insurance for the wrecker in the amount of $500,000;
2. 
A certificate of garage keeper's liability insurance in an amount not less than $500,000;
3. 
The certificate of insurance shall be issued by a company certified to do business in New Jersey, and each policy must contain an endorsement providing for 30 days' notice to the Borough in the event of any material changes to the policy or cancellation thereof.
c. 
The Police Department shall conduct a check of all equipment, personnel and facilities of the applicant to determine the ability of the applicant to perform the towing services.
d. 
The office and storage area of the applicant shall be located within four miles of the boundaries of the Borough of Sea Girt.
e. 
Each vendor providing towing services shall show proof of ownership or a valid lease for proper land areas to store a minimum of five cars.
f. 
Each wrecker shall meet the requirements of Title 39 of the New Jersey Statutes, and all applicable vehicle rules and regulations. The wrecker shall have a boom-lifting capacity of at least four tons. In addition, each wrecker shall have the following equipment:
1. 
One large broom and shovel.
2. 
At least one set of dolly wheels.
3. 
Steering wheel lock for towing vehicles from the rear.
4. 
Tow-sling type tow bar to prevent any part of the crane metal from touching the towed vehicle.
5. 
Emergency warning lights.
6. 
Portable safety lights capable of being installed on the rear of a towed vehicle if necessary.
7. 
Safety flares for night work.
8. 
Fire Extinguisher.
9. 
Reflective traffic vest(s) for all operators to wear.
10. 
Speedy dry material used to absorb vehicle fluids.
g. 
After the application has been submitted and been reviewed by the Police Department, it shall be forwarded to the Chief of Police for approval or disapproval by him.
[Ord. No. 722 § III]
The Chief of Police shall be responsible for maintaining documents containing the names, addresses and twenty-four-hour telephone numbers of all licensed wreckers and a record of the types of wreckers available to meet the specific needs of the emergency. The Chief of Police shall also see that a record is maintained of the regular response of wreckers to police calls, including any complaints from vehicle owners as to improper service or charges.
[Ord. No. 722 § IV]
The Chief of Police shall maintain a weekly revolving list of licensed wreckers to provide service where needed and shall instruct all duty and investigating officers to utilize said list.
[Ord. No. 722; Ord. No. 22-2010]
a. 
Towing Fees. Towing fees and charges shall be as follows:
1. 
Towing service with light duty wrecker 10,000 pound gross vehicle weight or less).
(a) 
Show up fee: $30.
(b) 
Full towing charge: $100.
2. 
Towing service with flatbed (roll back) truck with a tilt body:
(a) 
Show up fee: $30.
(b) 
Full towing charge: $100.
3. 
For winch services or service to a vehicle over 10,000 pounds gross weight:
(a) 
Show up fee: $100.
(b) 
Full towing charge: $100 per hour.
4. 
Additional Clean Up Fee at Accident Scene(s).
(a) 
$30 additional clean up fee to incur cost of cleaning any debris from the accident scene and cost for speedy dry material(s).
b. 
Storage Fees and Charges shall be as follows:
1. 
Storage per day Storage per day (or any part thereof) commencing immediately upon releasing vehicle off the wrecker into storage lot. Storage days will be determined in twenty-four-hour periods from the time vehicle was initially dropped. $25 per day (twenty-four-hour period)
Tow operators shall be available for service 24 hours a day seven days a week with no restrictions.
c. 
Show Up Fee. The towing service operator shall be entitled to a "show up" charge if the operator or owner of the vehicle appears at the stated location within the 15 minute period in which the tow operator is required to respond to the police dispatcher's request for towing service.
d. 
Every operator of a towing service shall give the owner a written estimate of cost and written receipt when paid.
e. 
This towing service fee schedule shall be posted in a conspicuous place at the business location of any authorized tower participating in the Towing Service Rotation Program.
[Ord. No. 722 § VI]
The practice of cruising with a wrecker or tow truck is forbidden. Furthermore, no person shall pay any emolument to any third person not involved in the accident or to any Police Officer for information as to the location of any accident, or solicit employment of the licensee's service, nor give any gratuities, fees or other compensation or gifts to any members of the Police Department.
[Ord. No. 722 § VII]
By making application to be utilized as a tower or wrecker by the Police Department and by accepting such employment, the person or firm agrees to:
a. 
Provide a prompt response to each call and appear at the location of the vehicle to be towed within 15 minutes of being notified of the need for the towing services.
b. 
Clean all debris and fluid, exclusive of toxic materials, at the accident site resulting from the accident.
c. 
Provide the Police Department with the following information on vehicles unclaimed over 30 days:
1. 
Year, make, color and vehicle identification number.
2. 
Owner's name and address.
3. 
Copy of certified letter advising the owner of the vehicle's whereabouts.
4. 
Photograph of vehicle.
d. 
Maintain a record in a bound volume of all towing and wrecking jobs handled, the name of the owner or operator involved, the charge made for the service, the date and the amount of payment.
e. 
Comply with all other terms and conditions of this chapter.
[Ord. No. 722 § VIII]
The Chief of Police is hereby given the authority to promulgate rules and regulations necessary to carry out the intent and purpose of this section. The Chief of Police is hereby given the authority to suspend or revoke the right of any person or firm which is on the authorized list if the person or firm violates any of the terms and conditions of this section. Any person or firm aggrieved by any rule or regulation promulgated by the Chief of Police or by a suspension or revocation made by him shall be given a hearing by the Borough Council within 35 days of filing a hearing request with the Municipal Clerk.
[Ord. No. 722 § IX]
Nothing in this section shall be construed to prevent any owner or operator of a motor vehicle involved in a motor vehicle accident from calling any tower or wrecker of his or her own choice. However, if the tower or wrecker designated by the owner or operator of the motor vehicle is not immediately available, the tower or wrecker designated on the weekly revolving list established under this section shall be utilized.
[1]
Editor's Note: Prior source history includes Ord. No. 844.
[Ord. No. 13-2009]
The Mayor and Council have found that it is in the public interest and in order to ensure the safety and quality of life for all residents of and visitors to the Borough revise licensing requirements and regulate the business and operations of owners and drivers of taxis, autocabs and other vehicles engaged in the business of carrying passengers for hire within the Borough.
[Ord. No. 13-2009 § 1]
As used in this section:
BOROUGH
Shall mean the Borough of Sea Girt.
DRIVER
Shall mean any person who drives a taxi/autocab within this Borough.
OPERATION
Of a taxi/autocab shall consist of transporting in such taxi, autocab of one or more persons for hire. A taxi/autocab which is operated or run, over any of the streets within the Borough, to seek or accept passengers for transportation from points or places to points or places within or outside the Borough or which transports a passenger or passengers from outside the Borough into the Borough for discharge shall be deemed to be operation of a taxi/autocab within the Borough. A taxi/autocab parked or idling on a Borough street or accepting any passenger for hire from a point of departure within the Borough shall be deemed to be operation. Operation of a taxi/autocab by one other than the owner shall be deemed operation by the owner, as well as operation by the person actually driving the taxi/autocab. The transportation in or through the Borough of any person other than the owner or driver of any motor vehicle bearing signs therein or thereon using the words "taxi," "cab," "jitney," "car service," "livery," "hack," "dial a ride," "call a ride," "transport," "transport vehicle," "car service" or "transportation" shall be prima facie evidence of operation.
OWNER
Shall mean any person, corporation, business entity or association in whose name title to any taxi/autocab is registered with the New Jersey Motor Vehicle Commission, or who appears in any governmental records to be the conditional vendee or licensee thereof.
PERSON
Shall mean and include any individual, co-partnership, limited liability company, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
TAXI/AUTOCAB
Shall mean and include any autocab, automobile, van, motor car or autobus with a seating capacity of not more than 14 passengers not including the driver, any vehicles commonly called taxi, taxicab, cab or car service, that are engaged 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 within the Borough and which accepts or discharges passengers for transportation from points or places to points or places within or outside the Borough.
[Ord. No. 13-2009 § 2]
No person or corporation shall hire out, keep, or use for hire or compensation any taxi/autocab within the Borough unless both the taxi/autocab and the driver thereof are licensed in the Borough in accordance with this section and said person or corporation conforms to all other laws and regulations of the State of New Jersey.
[Ord. No. 13-2009 § 3]
All taxi/autocab owners, or operators of taxi/autocabs, operating a taxi/autocab within the Borough shall be licensed in accordance with the provisions of this section.
There are hereby established two classes of taxi/autocab license in the Borough as follows:
a. 
Taxi/Autocab Driver's License. This license shall entitle the individual named therein to operate within this Borough any taxi/autocab duly licensed hereunder. Such license may only be issued in the name of an individual and not in the name of a business entity.
b. 
Taxi/Autocab Owner's License. This license shall entitle the vehicle therein listed and described to be used as a taxi/autocab and operated in this Borough by a driver duly licensed hereunder.
[Ord. No. 13-2009 § 4; Ord. No. 19-2010 § 1; Ord. No. 03-2014 § 4]
a. 
Taxi/Autocab Driver's Licenses. The number of taxi/autocab driver's licenses under this section to be issued and outstanding in any one year is limited to 100.
b. 
Taxi/Autocab Owner's Licenses. The number of taxi/autocab owner's licenses under this section to be issued and outstanding in any one year can be up to 15 unless the Mayor and Council by resolution approve additional licenses.
c. 
Number of Taxicabs/Autocabs Per Owner's Licenses. The holder of a taxicab owner's license under this section shall be permitted to obtain a license for up to 10 individual taxicab/autocab. The license issued for an individual taxicab/autocab is only for that specific taxicab/autocab and shall not be transferred to another taxicab/autocab.
[Ord. No. 13-2009 § 5; Ord. No. 19-2010 § 2; Ord. No. 17-2011 § 1]
a. 
Any license issued pursuant to this section shall be valid from the 1st day of May and shall expire at midnight of the 30th day of September the year in which it was issued, and shall not be transferable.
b. 
Applications for taxicab owner's license renewals shall be filed with the Borough Clerk's Office no sooner than March 1st and no later than April 10th of the year for which the application is being made. All applications for renewals shall be acted upon prior to any consideration being given to new applications, which shall be considered in the order of their filing with the Borough Clerk's Office on a first come/first serve basis. Any application for renewal received after April 10th of any year shall be treated as an application for a new license.
[Ord. No. 13-2009 § 6; Ord. No. 17-2011 §§ 2, 3, 4]
a. 
Application Form. Each applicant for the issuance or renewal of a license of either class shall supply, in full, the information requested on application forms approved by the Borough Administrator and obtained from the Borough Clerk, and shall verify the correctness thereof by certification. The completed application must be filed with the Borough Clerk, together with the fee hereinafter fixed.
1. 
Applications for Taxi/Autocab Owner's License. Applications for taxicab/owner's licenses shall be filed with the Borough Clerk at any time, but no taxi/autocab shall be operated in the Borough until licensed in accordance with this section each year.
(a) 
Requirements for Taxi/Autocab Owner's License. Each applicant must meet the following requirements:
(1) 
Be of the age of 21 years, or over;
(2) 
Has not been convicted of a crime, and has not violated any provision of this section;
(3) 
Complete an application form provided by the Borough Clerk giving the applicant's full name, residence, age, date of birth, height, weight, color of eyes and hair, marital status, driver's license number, number of years driving, place of birth, length of time the applicant has resided in the United States, citizenship information, military service information, present employment, present or past municipal license information, whether the applicant has ever been charged with, arrested or convicted of a crime or other violation of law or of a violation of this chapter and if so, the date, what, where and the disposition, whether or not the applicant's driver's license has ever been revoked and, if so, for what cause, which statement shall be signed and sworn to or certified by the applicant and filed with the Borough Clerk as a permanent record. The applicant shall also furnish two copies of color photographs size two inches by two inches, front view, in such position as may be prescribed, taken within 30 days preceding the filing of the application;
(4) 
Each applicant must provide a full physical address including building/housing number, street name, city, state and zip code. Post office boxes shall not be sufficient. Notice by the Borough in connection with this section to any taxi/autocab owner's license holder shall be effective upon the Borough's mailing of said notice by regular mail to the address provided in the application unless the license holder notifies the Borough of a change of address to another physical location (post office boxes not acceptable) and the Borough acknowledges in writing receipt of such change of address;
(5) 
The applicant shall be required to consent to the submit to a State and Federal criminal history check, either by fingerprinting or live scan through the Borough's vendor, at the Borough's sole discretion and at the cost and expense of the applicant. In the event an applicant holds a current New Jersey commercial drivers license with a "P" or an "S" endorsement, and the applicant provides a copy of the applicant's fingerprint background results obtained during the CDL application process that are less than one year old at the time of the application, the Borough may waive the requirement to submit to fingerprinting;
(6) 
Insurance.
(i) 
Principal place of business located within the Borough. Each applicant for a taxi/autocab owner's license shall, together with the application, submit the insurance policy required by N.J.S.A. 48:16-3 et seq., covering the taxi/autocab sought to be licensed; and each applicant shall then and thereafter comply with all of the provisions of N.J.S.A. 48:16-1 et seq., as well as the acts amendatory thereof or supplemental thereto.
(ii) 
Principal place of business outside Borough. Each applicant must file a duplicate autocab insurance certificate issued pursuant to N.J.S.A. 48:16-7 by the Clerk of the municipality within which the Owner's principal place of business is located. A photocopy is not acceptable and the applicant must provide the original duplicate certificate as issued by said Clerk.
(iii) 
The applicant must submit proof that the duplicate certificate shall be filed with the department of motor vehicles before any such car is licensed as a taxi/autocab.
(iv) 
Amount of coverage. Minimum acceptable insurance liability limit is as follows: Combined single limit coverage: $50,000.
[a] 
The policy shall provide coverage for every driver of each vehicle listed in the policy, and the acceptance of the policy by the Borough and the issuance of the license by the Borough shall constitute an agreement by and between the applicant and the Borough that the applicant holds and saves harmless the Borough from any and all claims from damages arising out of personal injury and/or property damage made by third parties as the result of the issuance of the license and the operation of the taxi/autocab.
[b] 
In the event the policy is cancelled for any reason, a notice of such action must be delivered to the Borough Clerk 20 days prior to the effective date by the insurance company providing coverage to the owner. It shall be the owner's responsibility to ensure that the insurance company is noticed of and complies with this requirement.
(7) 
Inspections. Vehicles covered by this section may be subjected prior to licensing to inspection by a Borough vendor or representatives of the Borough Police Department to determine the condition and fitness of the vehicle for the transportation of passengers. Any such inspection is at the Borough's sole discretion and at the cost and expense of the applicant.
2. 
Applications for taxi/autocab driver's licenses. Applications for taxi/autocab driver's licenses may be made at any time, but no one shall drive or operate a taxi/autocab in the Borough until licensed in accordance with this section each year.
(a) 
Requirements for taxi/autocab driver's license. Each applicant for a taxi/autocab driver's license must meet the following requirements:
(1) 
Be of the age of 21 years, or over;
(2) 
Possess a valid New Jersey driver's license;
(3) 
Submit a completed certificate on forms provided by the Borough from a reputable physician stating that the applicant has been examined within 60 days of the date of the application and is fit for the safe operation of a taxi/autocab. If applicant holds a current New Jersey commercial drivers license with a "P" or an "S" endorsement they may submit a copy of their current medical card;
(4) 
Has not been convicted of a crime, and has not violated any provision of this section;
(5) 
Is not a habitual user of liquors to the point of impairment or a habitual user of narcotic drugs or other controlled substances other than as lawfully prescribed;
(6) 
Complete an application form provided by the Borough Clerk giving the applicant's full name, residence, age, date of birth, height, weight, color of eyes and hair, marital status, driver's license number, number of years driving, place of birth, length of time the applicant has resided in the United States, citizenship information, military service information, present and former employment, present or past municipal license information, whether the applicant has ever been charged with, arrested or convicted of a crime or other violation of law or of a violation of this section and if so, the date, what, where and the disposition, whether or not the applicant's driver's license has ever been revoked and, if so, for what cause, which statement shall be signed and sworn to or certified by the applicant and filed with the Borough Clerk as a permanent record. The applicant shall also furnish two copies of color photographs size two inches by two inches, front view, in such position as may be prescribed, taken within 30 days preceding the filing of the application;
(7) 
The applicant shall be required to consent to and submit to a State and Federal criminal history check, either by fingerprinting or live scan through the Borough's vendor, at the Borough's sole discretion and at the cost and expense of the applicant. In the event an applicant holds a current New Jersey commercial drivers license with a "P" or an "S" endorsement, and the applicant provides a copy of the applicant's fingerprint background results obtained during the CDL application process that are less than one year old at the time of the application, the Borough may waive the requirement to submit to fingerprinting;
(8) 
The applicant shall be required to consent to and submit to a motor vehicle history inquiry, either through the Borough Police Department or the Borough's vendor, at the Borough's sole discretion and at the cost and expense of the applicant;
(9) 
The applicant is able to speak and understand the English language.
[Ord. No. 13-2009 § 7]
a. 
Upon notification by the Borough Clerk of satisfactory fulfillment of the foregoing requirements, the Mayor and Council shall either grant or deny the license application, unless the governing body returns or holds over the application for further investigation.
b. 
Each applicant approved under this section shall be issued a license as evidence thereof in a form approved by the Mayor and Council, and signed by the Borough Clerk on behalf of the Mayor and Council.
c. 
Upon approval of any such application, the Borough, at its sole option, may process the license or in the alternative may require the applicant to travel to a Borough vendor to process the taxi/autocab driver's license and or the taxi/autocab owner's license. Any costs related to the processing of the license, including but not limited to the issuance of a photo license shall be the responsibility of the license holder.
[1]
Editor's Note: Former § 4-10.9, Fees, as amended, was repealed 6-24-2020 by Ord. No. 09-2020.
[Ord. No. 13-2009 § 9]
a. 
The Mayor and Council may, in their discretion, refuse to issue or renew, or may after notice and hearing, revoke or suspend any taxi/autocab driver's license issued hereunder if the applicant or licensee:
1. 
Has been convicted of a crime or offense in this, or any other, jurisdiction;
2. 
Has been convicted of being a disorderly person;
3. 
Has been found guilty of a violation of Title 39, "Motor Vehicles and Traffic Regulations" of the Revised Statutes of the State of New Jersey;
4. 
Violates any provision of this section;
5. 
Has failed, or fails to render, reasonably prompt, safe, and adequate taxi/autocab service;
6. 
Has in any degree contributed to any injury to any person, or damage to property, arising out of negligent operation of a motor vehicle;
7. 
Has any physical or mental condition which interferes with the ability to operate a motor vehicle in a safe manner and/or presents a risk to the driver, passengers or the public;
8. 
Has not complied fully with all requirements of this section.
b. 
Any taxi/autocab owner's license, or renewal, may be denied, revoked, or suspended for any of the following reasons:
1. 
If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary conditions, or is otherwise dangerous to the safety or health of the occupants or others;
2. 
If the policy of insurance required by N.J.S.A. 48:16-3 lapses, or such coverage is not maintained at all times;
3. 
Has been convicted of a crime in this, or any other, jurisdiction;
4. 
Has in any degree contributed to any injury to any person, or damage to property, arising out of negligent operation of a motor vehicle;
5. 
Has not complied fully with all requirements of this section;
6. 
If the licensed vehicle is used or permitted to be used for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State or the United States, or for the violation of any of the provisions of this section or any rules and regulations duly adopted thereunder.
[Ord. No. 13-2009 § 10]
a. 
No taxi/autocab shall be operated in the Borough unless the taxi/autocab driver's license of the person operating the taxi/autocab, is prominently displayed and open to view of passengers in accordance with reasonable procedures of the Borough.
b. 
The Certificate of Insurance required by N.J.S.A. 48:16-6 shall likewise be prominently displayed in accordance with reasonable procedures of the Borough provided by way of written notice to the licensee.
[Ord. No. 13-2009 § 11; Ord. No. 19-2010 § 5; Ord. No. 17-2011 § 5]
a. 
No taxicab/autocab shall hereafter be operated in this Borough unless and until there is prominently displayed in the interior thereof, within the full view and access of any passengers, a complete list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges or tariff rates so displayed, and no other, shall be those to be charged any passenger. Said rate and tariff listing shall be submitted with the Owner's License application and any change in the rates and/or tariffs during the year shall be filed with the Borough before the new rates and/or tariffs can be charged to passengers.
b. 
Fare Limit. The rate of fare to be charged between any two points within the Borough limits shall not exceed $2 per mile per person for each passenger.
c. 
All rates shall be agreed upon between the operator and passenger before the transportation is commenced.
d. 
Hand luggage shall be carried without charge.
[Ord. No. 13-2009 § 12]
a. 
Every taxi/autocab operating within the Borough shall have affixed or painted on both sides thereof the words "taxi" or "cab" in letters at least six inches high, or the name of the operating owner containing the words "taxi" or "cab" as well as the business telephone number.
b. 
Every taxi/autocab or other vehicle required to be licensed under this section operating within the Borough shall display a visual identification symbol the design, specification and contents of same to be determined in the sole discretion of the Borough, by way of a decal, magnetic device, placard or other method which will identify the vehicle as properly and currently licensed. The method of display shall be as determined by the Borough Police Department and communicated in writing to the taxi license holder, which shall be required to adhere to the contents of said notice within seven calendar days of the date of the notice. The Borough may elect to require that the visual identification symbol be made and then affixed to the licensed vehicle by a vendor or vendors of the Borough's designation, all such costs for such production and affixing to the licensed vehicle to be paid by the licensee.
[Ord. No. 13-2009 § 13]
Every licensed taxi/autocab driver shall record, in writing, the time and place each passenger is accepted, and the time and place of discharge of the passenger. Such records shall be kept intact for three years. Such records shall be kept open at all times during the three-year period for inspection by local, State, and Federal law enforcement agencies.
[Ord. No. 13-2009 § 14]
Immediately after the termination of any hiring or employment, every driver of a taxi/autocab must carefully search such taxi/autocab for any property lost or left therein, and any such property discovered must be reported in writing to the Police Department with brief particulars and description of such property, within 24 hours after it is found, unless sooner claimed or delivered to the owner.
[Ord. No. 13-2009 § 15]
All owners of taxi/autocabs operating within the Borough must comply with the provisions of subsection 4-10.7 as a condition of the validity of any taxi/autocab owner's license.
[Ord. No. 13-2009 § 16]
Owners of taxi/autocabs, their agents and employees, and cab drivers engaging in the taxi/autocab business, shall render courteous and nondiscriminatory service to the public. They shall answer all telephone calls received by them for transportation service within the limits of the Borough as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall notify the prospective passenger when the taxi/autocab will be available to service them.
[Ord. No. 13-2009 § 17]
a. 
No Cruising. No person shall cruise the streets of the Borough in any vehicle, including but not limited to taxi/autocabs at any time for the purpose of soliciting or one or more persons for transportation for a fee or fare.
1. 
Pre-arranged Pickup. Any taxi/autocab cab may pick up passengers if the taxi/autocab owner or the owner's agent has been specifically called by the person seeking transportation or someone acting on said persons behalf or such person has otherwise arranged in advance for pick up at a specific time and place. The taxi/autocab driver must have proof of such pre-arrangement including at a minimum the full name of the person to be picked up, the full name of the person making the arrangements, and a contact phone number for said person making the arrangements.
b. 
All persons shall be picked up or discharged at the curb, or in off-street areas designated by business establishments for the use of their patrons, and the taxi/autocab shall at no time interfere with traffic on any roadway.
c. 
For picking up passengers at commercial establishments, all taxi/autocabs will follow a wait-in-line operating rule, and must pick up the next passenger waiting for taxi/autocab service in order. If such pick up is refused by the taxi/autocab driver, the driver must depart without a passenger and forfeit any place in line.
d. 
Locations Prohibited for Pick Up and Discharge. No taxi/autocab shall pick up or discharge passengers anywhere on any portion of the roadway, at the following locations.
1. 
First Avenue (County Route 49), between The Terrace and New York Boulevard:
2. 
Sea Girt Avenue between State Highway 71 and the easterly side of the railroad right of way.
Nothing herein shall preclude commercial establishments locations to establish pick up areas in parking lots.
[Ord. No. 13-2009 § 18; Ord. No. 17-2011 § 6; amended 6-24-2020 by Ord. No. 09-2020]
a. 
No person shall sit, idle, park, or operate in a designated taxi stand/ride share zone for any other purpose except to pick up or discharge passengers. A designated taxi stand may be occupied by a taxi/autocab and driver licensed by the Borough and/or a registered ride share vehicle and driver in accordance with this section. No person shall leave any vehicle unoccupied in any designated taxi stand/ride share zone. The taxi stand/ride share dropoff zone shall be utilized strictly for the discharge of passengers during hours as approved annually by the Borough Council. Therefore no taxi/ride share vehicle shall sit, idle or park in a taxi stand/ride share zone during those hours unless patrons are waiting for transportation. No taxi or ride share vehicle shall sit, idle or park in a taxi stand/ride share zone for longer than 10 minutes. A taxi stand/ride share zone shall allow a person the opportunity to find transportation services in an expeditious, unbiased, nondiscriminatory, and courteous manner.
b. 
Temporary Taxi Stand/Ride Share Dropoff or Pickup Zone.
1. 
In the event of an emergency, or circumstance as described in Subsection b2, the Chief of Police, or highest ranking police officer on duty in his absence, may designate, on a temporary basis not to exceed 24 hours after said emergency or circumstance arises, the location and size of any taxi stand/ride share dropoff or pickup zone in accordance with state law.
2. 
The ranking or senior Borough police officer on duty may, in the event the number of people at any location seeking transportation from taxi/autocabs or ride share vehicles creates or may create a safety concern and/or may create a disturbance of the peace, establish a temporary taxi stand/ride share zone at any public location, such temporary taxi stand ride share dropoff or pickup zone to be designated by temporary traffic signs or other traffic devices identifying the temporary taxi stand/ride share dropoff or pickup zone. The provisions of this section applicable to taxi stand/ride share dropoff or pickup zone shall be applicable to temporary taxi standride share dropoff or pickup zone.
3. 
In the event that a temporary alternate pickup/dropoff zone is designated consistent with Subsection b1 or 2, the Chief or ranking officer shall report said emergency or circumstance to the Mayor and Council, and the basis for said action no later than 24 hours after doing so.
[Ord. No. 13-2009 § 19; New; Ord. No. 09-2014]
a. 
Unless another specific penalty has been established in paragraph e below, any person violating any of the provisions of this section shall, upon conviction of a first offense be subject to a fine of no less than $250; on conviction of a second offense be subject to a fine of no less than $500 and for a third or subsequent offense be subject to a fine of two $2,000, or be subject by imprisonment for any term not exceeding 90 days in the County Jail, or in any other place provided by the municipality for the detention of prisoners, or both.
b. 
Any corporation violating any of the provisions of this section shall, upon conviction, pay a fine of not less than $500 or more than $2,000.
c. 
Any person who aids, assists, or abets in the violation of any of the provisions of this section shall be subject to the penalties herein provided for.
d. 
Nothing herein shall preclude the prosecution of any such violation under Title 48 and or Title 2C of the New Jersey statutes nor restrain or prohibit the Mayor and Council from suspending or revoking any license issued hereunder in accordance with the provisions of this section.
e. 
Specific Fines and Penalties.
Borough Code
Description
Fine
Payable*
4-10
Taxis, autocabs and vehicles for hire
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.3
Operator/owner's license and driver's license required
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.11
Display of license and insurance required
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.12
Fares and rates, display required
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.13
Lettering and visual identification required
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.14
Records of fares required
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.15
Responsibility to report and retain lost property
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.18
Restrictions on operation
1st
$250
No
2nd
$500
No
3rd
$2,000
No
4-10.19
Taxi stand regulations
1st
$250
No
2nd
$500
No
3rd
$2,000
No
* Payable without court appearance.