Borough of South Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[1975 Code § 4-2.1; Ord. No. 9-87]
No person shall either, directly or indirectly, conduct any business within the Borough of South Toms River, as defined in this section, unless a license or a permit therefore is first procured and kept in effect at all times, as required by this section, or any other ordinances of the Borough of South Toms River.
[1975 Code § 4-2.2; Ord. No. 9-87]
For the purposes of this section, any person shall be deemed to be engaged in conducting a business and to be subject to the provisions of this section when he sells any goods or services, solicits business or offers goods or services for sale or for hire.
[1975 Code § 4-2.3; Ord. No. 9-87]
This section is intended to particularly exclude holders of special privileges and all persons exempted by operation of law.
[1975 Code § 4-2.4; Ord. No. 9-87; Ord. No. 12-92; Ord. No. 4-95; Ord. No. 4-06; Ord. No. 7-11 § 1, 2]
Every person required to procure a license or permit under the provisions of this section shall submit a completed application, upon the form provided for the purpose by the Borough Clerk, for such license or permit to the Borough Clerk, at the Borough Hall, which application shall be accompanied by the full amount of fees required for the license sought.
a. 
All applications for a license under the provisions of this section shall be by written statement upon the forms provided, which shall contain, essentially the following:
1. 
Any previous revocation, or suspension of a mercantile license, and the reasons therefore.
2. 
A statement or representation that the applicant is not violating the Zoning Ordinances of the Borough of South Toms River. If applicant occupies a nonconforming use, a nonconforming use certificate from the Board of Adjustment or other sufficient proof of the date of commencement of occupancy and operation and that such use conformed to the Zoning Ordinances in existence at that time must be given.
3. 
A statement that the applicant is not in default under the provisions of this section or indebted or obligated in any manner to the Borough of South Toms River, except for current taxes.
4. 
Such other facts relative to the general personal history of the applicant or its officers and manager if said applicant is not an individual, so as to enable the Borough Clerk to make a fair determination of the eligibility of the applicant.
5. 
Name of person or entity to whom license will be issued and his residence address. If applicant is not an individual, then the names, positions and residence addresses of all officers and managers of the applicant.
6. 
The premises at which the business is to be carried on and the names and address of the owner of the premises.
b. 
Except as herein set forth, for each such license, the applicant shall pay to the Borough Clerk, for transmittal to the Treasurer of the Borough of South Toms River, the yearly fee or sum of $200.
1. 
Owners or operators of Market Places, Pavilions, or Malls that have designated areas for transient merchants to use for period of less than one year may pay an annual fee for each booth or designated area to be used by the merchants during the course of any given year. Owners or Operators who choose to operate under such provision must maintain sufficient licenses to cover each and every given merchant at any given time. An individual license may be used by separate merchants at different times, however, no license may be used by more than one merchant simultaneously. Food Handlers must maintain individual licenses and pay for an individual license fee at the rate established herein. Food handlers are not eligible to share licenses, or otherwise participate in a bulk license provision.
2. 
Owners, or operators of Market Places, Pavilions, or Malls will be responsible to provide the required information to the Code Enforcement Officer within 24 hours of the commencement of any new mercantile activity. Under this provision owner, or operators of Malls, Market Places, or Pavilions, are entitled to obtain a blanket license for the operation of up to 50 separate non-food merchants to operate at any one time. Blanket licenses may be obtained on a quarterly basis for $750. Blanket licenses may not be extended to cover more than 50 mercantile operations. Additional licenses must be purchased at the individual rate unless a second blanket license is obtained for up to an additional 50 non-food merchants.
c. 
For each license for itinerant vendors or hawksters and auctioneers, the applicant shall pay to the Borough Clerk for transmittal to the Chief Financial Officer the fee of $250.
d. 
No fee shall be required for the issuance of a license to sell farm products raised wholly and exclusively in the State of New Jersey.
e. 
No fee shall be required for the issuance of a license to solicit funds or subscriptions by any duly established and recognized charitable organization or institution, but the applicant shall be required to submit satisfactory proof that the same is a duly established, recognized and accepted charity in the State. Such license shall expire not more than 30 days after issuance.
[1975 Code § 4-2.5; Ord. No. 9-87]
Except as otherwise set forth hereinabove, all license fees shall be due and payable on or before January 31 of each year.
[1975 Code § 4-2.6; Ord. No. 9-87]
No rebate or refund of any licensing fee or any part thereof shall be made for any reason, including, by way of explanation and not of limitation, retirement of a license from business, nonuse of a license for all or any portion of the license year, change of location or business or fire, accident or other casualty rendering the use of such license impossible or impracticable.
[1975 Code § 4-2.7; Ord. No. 9-87; Ord. No. 7-11 § 3]
A duplicate license may be issued by the Borough Clerk to replace any license previously issued which was lost, stolen, defaced or destroyed without the fault of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of the State of New Jersey attesting to such fact and the payment to the Borough Clerk of a fee of $10 for transmittal to the Chief Financial Officer.
[1975 Code § 4-2.8; Ord. No. 9-87]
No licensed or unlicensed itinerant vendor of merchandise other than foodstuffs and beverages shall sell, solicit, or otherwise conduct his business in the Borough before the hour of 8:00 a.m., or after the hour of 9:00 p.m., eastern standard time or daylight saving time, whichever is in effect.
[1975 Code § 4-2.9; Ord. No. 9-87]
Any license which has been issued may be revoked and cancelled for good cause by majority vote of the Borough Council at any regular or special meeting thereof.
[1975 Code § 4-2.10; Ord. No. 9-87]
Each license to be issued shall include the following information thereon:
a. 
The name of the licensee and any other name under which the business shall be conducted.
b. 
The nature and address of each business being licensed.
c. 
The fee payable for such license.
d. 
The dates of issuance and expiration of such license.
e. 
Such other information as the Code Enforcement Officer and Chief of Police might deem necessary.
[1975 Code § 4-2.11; Ord. No. 9-87; Ord. No. 2-88]
After submission of the application and the required fees to the Borough Clerk, a copy thereof shall be submitted by the Borough Clerk to the Code Enforcement Officer and to the Police Department for filing. The Code Enforcement Officer and the Chief of Police shall make any investigation necessary and shall indicate their or his written approval or disapproval, with reasons therefore, over the license application within 15 days after the application is filed with the Borough Clerk. If approved, the license shall be issued by the Borough Clerk. If disapproved, the Borough Clerk shall forthwith notify the applicant in writing of such disapproval and the reasons therefore and the applicant shall have 10 days from receipt of such notice to appeal therefrom to the Mayor and Council, by delivering within such time a written notice of appeal to the Borough Clerk, setting forth the grounds of such appeal. If the Mayor and Council deem the grounds alleged to be meritorious, a hearing may be scheduled thereon, after which the decision of the Code Enforcement Officer or Chief of Police may be affirmed or reversed by the Mayor and Council. Where an application is disapproved under this section, the Code Enforcement Officer may issue a temporary license which shall be valid for a period of 30 days so as to allow the applicant that period of time to correct any deficiencies which may have operated as a basis for disapproval of such application.
[1975 Code § 4-2.12; Ord. No. 9-87]
In addition to complying with the provisions covering licensed operations, elsewhere contained in this section, every licensee by accepting a license issued hereunder impliedly consents to:
a. 
Permit reasonable inspection of the licensed business or premises at a mutually convenient time, upon reasonable notification.
b. 
Ascertain and at all times comply with all laws and regulations applicable to such licensed business or premises.
c. 
Avoid all forbidden, unlawful, illegal, improper or unnecessary practices, businesses or conditions inimical to public health, morals or welfare.
d. 
Refrain from operating the licensed business after the expiration of his license or during a period when his license is revoked or suspended.
e. 
Post and maintain his license upon the licensed premises in a place where it will be visible at all times.
f. 
Not lend, sell, give or assign a license to any other person or entity, to use or display, except as otherwise authorized by the Borough Clerk in accordance to law.
[1975 Code § 4-2.13; Ord. No. 9-87]
The Code Enforcement Officer and any other duly authorized public official are hereby designated as the personnel of the municipality charged with the enforcement of this section.
[1975 Code § 4-2.14; Ord. No. 9-87]
Any person, firm or corporation who shall violate a provision of this section, or fail to comply therewith, shall severally, for each and every such violation and noncompliance be liable for the penalty stated in Chapter 1, Section 1-5. The imposition of a penalty for violation of this section shall not excuse the violation or permit it to continue and each day that such violation is permitted to exist shall constitute a separate offense.
[Ord. No. 5-06. Preamble]
The Mayor and Council of the Borough of South Toms River, have determined a need to offset the cost of enforcement and administration of the requirements of the Board of Health.
[Ord. No. 5-06 § 4-6.1]
It shall be unlawful for any person to engage in or carry on, within the Borough, the operation of a business involving the sale or distribution of any type of edible food, beverage or other product, unless and until such person first obtains a license from the Borough Clerk and pays the license fee as established.
[Ord. No. 5-06 § 4-6.2; Ord. No. 7-11 § 4]
Every person who is required to procure a license under the provisions of this section shall submit an application upon the form provided for the purpose by the Borough Clerk for this license and return the completed application to the Borough Clerk at the Borough Hall of the Borough of South Toms River, which application shall be accompanied by the full amount of fees chargeable for this license.
a. 
All applications for a license under this section shall be by written statement upon the forms provided, which shall contain all information required on the form.
b. 
For each license, the applicant shall pay to the Borough Clerk, for transmittal to the Chief Financial Officer the annual fee of $100.
[Ord. No. 5-06 § 4-6.3]
This section shall not apply to any person or entity otherwise exempt by operation of law.
[Ord. No. 5-06 § 4-6.4]
Every license shall expire on December 31st of the year of issuance and shall apply only to the person or corporation to whom granted and shall not be transferable.
[Ord. No. 5-06 § 4-6.5]
All fees shall be due and payable on or before January 31 of each year, or within 30 days of any change of ownership of the business entity.
[Ord. No. 5-06 § 4-6.6]
No rebate or refund of any licensing fee or any part thereof shall be made for any reason, including, by way of explanation and not limitation, retirement of a license from business, nonuse of a license for all or any portion of the license year, change of location of business or fire, accident or other casualty rendering the use of such license impossible or impracticable.
[Ord. No. 5-06 § 4-6.7]
A duplicate license may be issued by the Borough Clerk to replace any license previously issued which was lost, stolen, defaced or destroyed without the fault of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of the State of New Jersey attesting to such fact and the payment to the Borough Clerk for transmittal to the Chief Financial Officer of a fee of $15.
[Ord. No. 5-06 § 4-6.8]
Any license which may have been issued may be revoked or cancelled for good cause by majority vote of the Borough Council at any regular or special meeting.
[Ord. No. 5-06 § 4-6.9]
Any person to whom such licensee is granted shall be required to exhibit the license in a place accessible for public viewing.
[Ord. No. 5-06 § 4-6.10]
The Code Enforcement Officer and any other duly authorized Public Official are hereby designated as the personnel of the Borough charged with the enforcement of this section.
[Ord. No. 5-06 § 4-6.11]
Any person, firm or corporation who shall violate a provision of this section, or fail to comply therewith, shall severally, for each and every such violation and noncompliance, be liable for the penalty stated in Chapter 1, Section 1-5. The imposition of a penalty for violation of this section shall not excuse the violation or permit it to continue and each day that such violation is permitted to exist shall constitute a separate offense.
[PRIOR ORDINANCE HISTORY: 1975 CODE §§ 4-3.1 – 4-3.6; Ord. No. 3]
[Ord. No. 3-14]
a. 
No person or persons or parties whatsoever shall permit any outdoor shows, concerts, circuses, carnivals, festivals, dances, theatrical performances, exhibitions and public gatherings out-of-doors within the Borough of South Toms River without having first obtained a license from the Borough of South Toms River in the manner and upon the conditions hereinafter set forth.
b. 
The following shall be exempt from obtaining an outdoor special event permit:
1. 
Governmental Units.
2. 
Bona fide scholastic and interscholastic contest and officially sponsored affairs.
[Ord. No. 3-14]
As used in this section, the following term shall have the meaning indicated:
SPECIAL EVENT
Shall mean and include any kind of outdoor shows, concerts, circuses, carnivals, festivals, dances, theatrical performances, exhibitions and public gatherings out-of-doors within the Borough of South Toms River.
[Ord. No. 3-14]
a. 
Any person applying for a special event permit shall show that all taxes and water payments due to date have been paid and all outstanding financial obligations have been met, including but not limited to fines and fees due the Borough.
b. 
Any person applying for a special event permit shall show that all zoning requirements have been met for the premises on which said special event is to be held and for the property to be used as associated parking facilities.
[Ord. No. 3-14]
a. 
Notice to Abutting Owners. The applicant shall send special notice by certified mail to all owners of abutting property within 200 feet of the site of the special event and the parking area of the time and place of said special event 10 days prior to scheduled Borough Council Meeting where special event permit application is to be approved. The applicant shall bear the cost of the certified mail. The 200-foot list of abutting property owners shall be obtained from the Zoning Department and/or Assessor's Office.
b. 
Notice to Affected Persons/Businesses for Road Closure. Notify all persons and businesses affected by said road closing. Said notice shall be in writing and served upon the person/business in person or by certified mail at least 10 days prior to Borough Council Meeting where special event permit application is scheduled to be approved. Affidavit of Service to said affected persons/businesses shall be prepared by the applicant and filed with the Borough Clerk prior to the Borough Council Meeting where special event permit application is scheduled to be approved.
[Ord. No. 3-14]
a. 
An application for license hereunder shall be signed by the person, persons or parties responsible and shall be filed with the Borough Clerk, accompanied by the fee payable hereunder. Such application shall be filed in the Office of the Borough Clerk not less than 90 days prior to the date for which the license is desired. The Borough Council shall act upon the application 30 days prior to the date for which the license is desired.
The applicant shall set forth in the application for license the following information:
1. 
The name and address of the person or persons, or, in the cause of a corporation, the names and addresses of the President, director or trustee, responsible for conducting the outdoor special event for purpose sought to be licensed.
2. 
A statement explaining the activity to be carried out and the admission fee to be charged.
3. 
The proposed location, dates and hours of such special event.
4. 
A statement of the expected minimum and maximum number of persons (spectators) intended to use the property(ies) at one time and collectively and the number of persons to be engaged (workers/volunteers) in the outdoor event.
5. 
The number of automobiles, motorcycles and other vehicles intended to use the property(ies) at one time and collectively.
6. 
A description and plan drawn to scale of the location wherein said outdoor special event is to be carried on or conducted and activities proposed to be conducted at said event.
7. 
A detailed description of the various amusement devices intended to be conducted or operated during the period for which the license is sought, and any license issued upon such application shall be only for amusement devices so described in said application.
8. 
A plan drawn to scale showing the layout of any parking area for motor vehicles, including the means of ingress and egress to such parking area and a statement as to the number of acres or square feet of the area to be devoted to this purpose. The number of parking spaces and the number of cars per acre shall be determined by the Chief of Police or his designee.
9. 
For events involving carnival rides, copy of the ride vendor's New Jersey DCA Permit to operate.
10. 
A statement specifying whether food or beverages are intended to be prepared, served or distributed; if food or beverages are intended to be prepared, sold or distributed, a statement specifying the method of preparation and distribution of such food or beverages and the method of disposing of garbage, trash, rubbish or any other refuse arising therefrom. If food or beverages are to be prepared, sold or distributed, a plan drawn to scale must be attached to the application showing the buildings or other structure from which the food and beverages shall be prepared, sold or distributed.
Please Note: A Temporary Food License from the Health Department and/or a Type I Permit from the Office of Fire Prevention may be required.
11. 
A statement specifying whether any private security guard or off-duty police will be engaged and, if so, the number of and duties to be performed by such persons, including the hours to be worked and areas of responsibility. Said number of private security or off-duty police shall be determined by the Chief of Police or his designee.
12. 
A statement specifying the precautions to be utilized for fire protection, including a plan drawn to scale specifying the location of fire lanes and water supply for fire control.
13. 
A statement specifying tents and canopies to be utilized for the special event, including:
(a) 
A description of what the tent will be used for and the dates and hours when the tent will be occupied;
(b) 
A plan drawn to scale showing the tent location, all structures, parking areas and the location of any proposed cooking of hearing applicants (plan must show dimensions of tent and distance to any other structure and property lines);
(c) 
A floor plan showing the interior layout of the tent, including all tables or chairs, EXIT locations, EXIT signs, emergency light locations and fire extinguisher locations;
(d) 
If any electrical appliances are proposed, they must be shown/listed and the plan must indicate the electrical supply for these appliances;
(e) 
A certificate of flame resistance showing the tent conforms to NFPA 701.
Please Note: If a tent is proposed and is either more than 900 square feet or any one side is greater than 30 feet, a Construction Permit is required from Construction Code Enforcement. If a canopy (no side) or a tent less than 900 square feet and all sides less than 30 feet does not require a Construction Permit from Construction Code Enforcement. Both tents and canopies may require a Type 16 permit from Fire Prevention.
14. 
(a) 
A statement showing that adequate toilet facilities for the capacity of the special event will be provided in compliance with the State Sanitary Code.
(b) 
One site plan (plan drawn to scale) can be submitted that includes the requirements listed in this section in paragraphs a, 6, 7, 8, 10, 12 and 13(b). The requirements for paragraph a, 13(c) must be submitted on its own site plan.
(c) 
The application shall be signed by the applicant or applicants and shall be verified under oath.
(d) 
A fee of $25 shall be paid upon the filing of the application, to be applied by the Borough towards its expense in investigating the application, which said fee shall not be refunded whether a license is issued or denied.
[Ord. No. 3-14]
Any outdoor special event in the Borough of South Toms River shall commence no earlier than 9:00 a.m. and shall conclude no later than 11:00 p.m. of the same day.
[Ord. No. 3-14]
Both the premises where the special event is held and the parking area shall be closed as expeditiously as possible after the conclusion of any special event, and no sleeping will be permitted on the grounds or in vehicles in either area without proper sanitary sewer and approval by the Health Department.
[Ord. No. 3-14]
Upon filing of the application, the Clerk shall refer a copy of the application promptly to the Special Events Committee for investigation of the matters in the application. Should an event require additional assistance, the Special Events Committee may include the following additional departments: Borough Clerk, Borough Engineer/DPW; Fire Prevention; Police; Health; Recreation Commission and Code Enforcement and Planning/Zoning. A written report shall be made to the Borough Clerk of the result of such investigations by such officer or agent of each department within 30 days from the filing of the application.
[Ord. No. 3-14]
a. 
All licenses for special events shall be issued by the Borough Clerk in the name of the Borough but only when the Borough Clerk shall have been first authorized to issue such license by a resolution adopted by the Borough Council.
b. 
The license shall set forth and describe, with particularly, the location of the event sought to be licensed hereunder shall take place and the period of time during which it may continue.
c. 
The license herein authorized shall not be issued or take effect until all fees have been paid to the Borough as provided herein.
d. 
Any license authorized to be issued hereunder shall be issued subject to all provisions of this section.
[Ord. No. 3-14]
a. 
Upon a resolution being adopted by the Borough Council, a license shall issue as aforesaid upon the applicant's first paying to the Borough Clerk a license fee of $125 for each week or part of a week during which such special event is to be conducted and $200 in case of circuses for each day or part of a day.
b. 
For nonprofit organizations, a letter requesting waiver of license fee or notation requesting waiver on application for Council consideration.
c. 
Fees for carnivals, circuses and large special events will not be waived because of the amount of staff time required to review and make inspections.
[Ord. No. 3-14]
The applicant shall deposit with the Borough Clerk a cash deposit, money order, certified check or treasurer's check in the amount of $300 to guarantee the maintenance of the municipally owned premises on which the applied-for activities are to be conducted. If, at the end of such activity, the Health Inspector of the Borough decides that the premises have not been returned to the condition they were in as of the time that the applied-for activity commenced, he shall be authorized to return the premises to such condition and to pay for having the same done out of the deposit left with the Borough Clerk for such purposes. After the premises have been restored to their original condition, the balance of any moneys remaining shall be returned by the Borough Clerk to the applicant.
[Ord. No. 3-14]
The applicant shall furnish evidence of a public liability insurance policy, in an amount not less than $500,000 for one person and $1,000,000 for any one accident, which shall be in force and effect at the time such structure is to be occupied or during which the carnival, circus, traveling show or special event will be operating.
[Ord. No. 3-14]
Submission of off-duty Police escrow in an amount to be determined by the South Toms River Borough Police Department:
a. 
Payment to off-duty Police Officers for services provided shall be made by the Finance Department from said escrow deposit. Should escrow funds be found insufficient, the applicant shall deposit additional funds with the Finance Department to cover the remaining cost of off-duty Police protection;
b. 
Any unused monies deposited for off-duty Police protection shall be returned by the Borough Clerk to the person or organization making the deposit approval of the Chief of Police.
[Ord. No. 3-14]
An inspection of the premises to be used is to be made by the Chief of Police or other Borough official to ensure that adequate off-street parking is available and to check on other public safety factors.
[Ord. No. 3-14]
a. 
If the application involves the closing of a public road, provide an Insurance Certificate to cover the event and the closing of the aforesaid public roadway in conjunction therewith in the amount of $1,000,000. Said policy shall name the Borough of South Toms River as additional insured and a certification of same shall be filed with the Borough Clerk at least seven days prior to the event.
b. 
If the application involves a carnival, circus, traveling show or special event, provide an Insurance Certificate in conjunction therewith in the amount of $500,000 for any one person/$1,000,000 for any one accident. Said policy shall name the Borough of South Toms River as additional insured and a certification of same shall be filed with the Borough Clerk at least seven days prior to the event.
[Ord. No. 3-14]
a. 
No person or party licensed hereunder shall allow, suffer or permit any exhibition, performance or gathering of persons for any unlawful purpose or to be conducted in any unlawful disorderly, obscene or lewd manner.
b. 
The licensee shall 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.
[Ord. No. 3-14]
a. 
In the event that any of the provisions of this section shall be violated, the Borough Council, through its authorized officers or agents, may terminate or suspend any license issued hereunder. Such suspension or revocation shall be determined as follows:
1. 
An authorized officer or agent authorized by the Borough Council shall cause a written notice of the alleged violation of this section or of any other laws involved to be served upon the license or any of the agents of the licensee 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 Borough Administrator or his designee why the license should not be suspended or revoked.
2. 
At the hearing, the Borough Administrator or his designee shall hear all of the evidence offered by the Borough 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 will be dismissed; but if the findings be against the licensee, the license issued may be revoked entirely or suspended upon such conditions as the Borough Administrator or his designee may direct. In the event of full revocation, the event licensed be terminated immediately and no further outdoor carnival, circus, traveling show or special event 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 Borough and by such other persons or agents as may be properly authorized by the Borough.
b. 
In the event that it shall reasonably appear to the Borough Clerk of the Borough or any other official designated by the Borough Council for such purpose that the number of persons gathered or gathering upon or for entry upon the licensed premises for any outdoor carnival, circus, traveling show or special event licensed hereunder shall exceed the allowable number of persons allowed on the licensed premises, the Borough Clerk or other authorized official may give notice to the licensee immediately to withhold proceeding with the event licensed and shall then inform the Borough Council promptly of said action. The licensee may thereupon request a hearing before the Borough Council forthwith and said hearing shall be held as promptly as possible.
c. 
No licensee fee or portion thereof shall be refunded following revocation or suspension of any license issued.
[Ord. No. 3-14]
Nothing contained herein shall be deemed or construed so as to prevent the enforcement of any other remedy at law, concurrent or otherwise, available to the Borough of South Toms River or other law enforcement authority to avoid or prevent any violation or attempted violation of this section, such as but not limited to an injunction or restraining order.
[Ord. No. 3-14]
This section is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation thereof.
[Ord. No. 3-14]
Notwithstanding any other provisions of this section, the Borough of South Toms River hereby reserves the right to waive any or all subsections of this section when it appears that the best interest of the Borough of South Toms River shall be served by the waiving of said provisions. Any waiving of said provisions shall not be considered a precedent which would affect subsequent enforcement or non-enforcement of the provisions of this section. In the event the Borough of South Toms River does waive any provision, it shall be done by resolution at a regular or special meeting of the Borough Council.
[1975 Code § 4-5; Ord. No. 15-2006 § 1]
As used in this section:
GARAGE SALE ALSO CALLED YARD SALE OR TAG SALE
Shall mean any sale of new and used merchandise not conducted as part of a continuing business venture.
[Ord. No. 15-2006 § 2]
No person, firm or corporation shall conduct a garage sale within the Borough of South Toms River without first obtaining a permit therefor.
[Ord. No. 15-2006 § 3]
a. 
The Police Department, Borough Clerk or designee is hereby authorized to issue garage sale permits with a fee of $10.
b. 
The permit shall be issued to the owner or tenant of the property on which the sale will be held.
c. 
The permit shall be valid for any two consecutive days which shall be set forth on the face thereof.
d. 
No more than three permits shall be issued to any one household in any given year.
[Amended 7-22-2019 by Ord. No. 2019-8]
[Ord. No. 15-2006 § 4]
No garage sale shall be conducted on any property other than the property described in the garage sale permit.
[Ord. No. 15-2006 § 5]
Any person, firm or corporation who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5 for each count. Each day that a violation persists shall be considered a separate count.
[Ord. No. 3-83 § 3]
It shall be unlawful for any person to engage in or carry on, within the limits of the Borough, the business of offering to the public the operation of pinball machines, video games, or similar machines or devices without having obtained a license from the Borough Clerk therefor and paying the license fee as required.
[Ord. No. 3-83 § 3]
The Borough Clerk shall issue this license after the Clerk has made inquiries and is satisfied that the applicant qualifies for a license under this section and the applicant has paid the required fee.
[1975 Code § 4-5.3; Ord. No. 3-83 § 3; Ord. No. 6-97]
a. 
Licenses shall be issued when same are to be utilized as an ancillary or accessory use to any business premises permitted by ordinance.
b. 
There shall not be allowed more than three pinball machines, video games or similar machines or devices in or about any business premises which contains less than 2,000 square feet. For businesses which contain more than 2,000 square feet, applications may be made to the Borough Land Use Board for licenses which permit no more than one machine per 2,000 square feet. The Borough Clerk shall not issue more than three licenses for the same premises, or in the alternative, licenses may issue permitting no more than one machine per 2,000 square feet.
[1975 Code § 4-5.4; Ord. No. 3-83 § 3]
The fee for each license shall be $100 per year or any part thereof. Licenses shall expire on December 31 annually.
[Ord. No. 8-01 § 1, § 12]
As used in this section:
AMUSEMENT PARK
And the word Park, as used herein, shall mean any building, structure and/or any place of amusement operated upon a lot or plot of ground in the open air, permanent in its nature and operated by private enterprise for profit during the entire year or any part thereof, whether admission is charged to enter or not.
GAME
Shall mean any game or amusement which is authorized under the provisions of the Amusement Games Licensing Law[1] (Chapter 109 P.L. 1959), except that there shall not be permitted a game of chance incorporating:
a. 
A laydown board marked in segments bearing numbers, games, or symbols whereon the player or players place the entry fee as an indication of choice of expected winner.
b. 
Electrical push-button switches or similar devices situated or located at each segment on the Board which enable any player to start or stop the same.
c. 
A moving indicator powered and driven by an electric motor which may be activated and deactivated by any player by means of the switches provided.
d. 
An arrangement of numbers, names or symbols corresponding to those on the laydown board to one of which the moving indicator points when it stops after exhausting its momentum following deactivation of the motor, generally known as "stop and go game."
[1]
Editor's Note: Refer to N.J.S.A. 5:8-1 et seq. and N.J.A.C. 13:47-1.1 et seq.
[Ord. No. 8-01 § 2]
It is hereby recognized, that there exists within the Borough of South Toms River an amusement park located at 1 South Main Street, Borough of South Toms River which amusement park is presently known as the "Recreation Station."
[Ord. No. 8-01 § 3]
It shall be unlawful for any person, firm or corporation to own or operate within this Borough any amusement game or games as defined in the "Amusement Games Licensing Law" (Chapter 109, P.L. 1959; N.J.S.A. 5:8-101), without first having obtained a proper license from the Borough Council. This license shall be issued subject to the provisions of "Amusement Games Licensing Law" (Chapter 109, P.L. 1959), and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Legalized Games of Chance Control Commission, Department of Law and Public Safety of the State of New Jersey.
[Ord. No. 8-01 § 4]
Each applicant for a license shall file with the Borough Clerk a written application in duplicate. The application shall be in the form prescribed by the Legalized Games of Change Control Commission and shall comply with all the requirements as specifically set forth in Section 2 of Chapter 109, Public Laws 1959 and any amendments and supplements thereto and any additional requirements as may be promulgated by the Legalized Games of Chance Control Commission of the State of New Jersey.
[Ord. No. 8-01 § 5]
The governing body shall make an investigation of the qualifications of each applicant and the merits of each application as directed by the Amusement Games Licensing Law. In the Borough of South Toms River, the Chief of Police shall be charged with the duty and responsibility of making the initial investigation and reporting in writing to the governing body.
[Ord. No. 8-01 § 6]
a. 
Upon proof of compliance with all applicable requirements, the Borough Council shall authorize by resolution the issuance of a license which shall be in effect for a term of one year commencing with date of issuance and terminating on December 31 annually. The resolution shall specifically recite that the premises to be licensed are located in a recognized amusement park in the Borough. A certified copy of the resolution, together with copy of the application and license certificate issued shall be transmitted to the Legalized Games of Chance Control Commission.
b. 
License Certificate.
1. 
Each license certificate shall be issued in triplicate: the original shall be delivered to the applicant; one copy to the Commission, as aforesaid; and one copy shall be retained by the Borough Clerk.
2. 
Each license certificate shall indicate:
(a) 
The name of the licensee.
(b) 
The address of the licensed premises.
(c) 
The name or description of the kind of game licensed.
(d) 
The amount of fee paid.
(e) 
A statement of the dates between which and the hours between which such game may be conducted.
3. 
The license certificate shall be in the form prescribed by the Legalized Games of Chance Control Commission.
c. 
Each license shall be conspicuously displayed at the place or places where the game is to be conducted at all times during the conduct thereof.
[Ord. No. 8-01 § 7]
The Borough expressly reserves the right to license amusement games other than the ones described herein and to establish fees therefore for the use in the area designated in accordance with the requirements set forth in this section. The games hereinafter licensed shall be incorporated herein by reference thereto.
[Ord. No. 8-01 § 8]
a. 
No application for the issuance of a license shall be refused by the Borough Council until after a hearing is held on due notice to the applicant, at which the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application.
b. 
Any license issued under this section may be amended, upon application to the Borough Council if the subject matter of the proposed amendment could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable, if it had been so included.
c. 
No license issued pursuant to this section shall become operative unless and until the licensee named therein shall have procured a State license from the Legalized Games of Change Control Commission.
[Ord. No. 8-01 § 9]
a. 
The Borough Council shall have and exercise control and supervision over all amusement games held, operated or conducted under such license with all the powers authorized or granted to it under the Amusement Games Licensing Law and all amendments and supplements thereto.
b. 
The Chief of Police may inspect or cause to be inspected any place or building in which amusement games or services are operating.
c. 
Amusement games and devices shall be kept and placed in plain view of any person who may frequent and be in any place or place of business where such devices or games are used and licensed.
d. 
Nothing in this section shall be construed to authorize or license any gambling device or game not specifically permitted by the laws of New Jersey.
e. 
No gambling between participants in any amusement games or the users of any amusement devices shall be permitted at any time.
f. 
Amusement games and devices shall not be permitted at any premises licensed for the sale of alcoholic beverages pursuant to Title 33 of the New Jersey Statutes.
[Ord. No. 8-01 § 10]
Any person, association, or corporation who or which shall make any false statement in any application for such license, or who shall fail to keep such adequate and proper books and records as shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under such license, or who shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license, or who shall violate any of the provisions of this section or the Amusement Games Licensing Law (Chapter 109 P.L. 1959) as amended or of any of the terms such license, shall be a disorderly person; and if convicted as such, shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it under this section.
[Ord. No. 8-01 § 11]
a. 
There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such games. The annual license fee for each such place shall be the sum of $100 so long as there are no more than three games located at such place.
b. 
For businesses which contain more than 2,000 square feet, a separate license may be issued which shall permit no more than one machine per 500 square feet. The Borough Clerk shall not issue more than three licenses for the same premises, or, in the alternative, licenses may issue permitting no more than one machine per 500 square feet.
c. 
The required fee, which shall be an annual fee without proration, shall accompany the license application. In the event that the license is denied or the application therefor is withdrawn, the Borough shall retain 25% of the application fee as an investigation fee, and the balance shall be returned to the applicant.
d. 
The Borough Council expressly reserves the right to license amusement games other than the ones described and to establish fees therefor for the use in the area designated in accordance with the requirements set forth herein. The games hereinafter licensed shall be incorporated herein by reference thereto.
[Ord. No. 8-01 § 13]
a. 
The provisions of this section shall not apply to any carnival, fair, or other activity held on an annual basis by a nonprofit group or organization wherein amusement devices, structures, or rides are installed or used on a temporary basis.
b. 
Exempt Organizations. Baseball, football and basketball games, entertainments or lecture courses by civic bodies and Fire Companies of the Borough, and entertainments or lecture courses, the expense of which are guaranteed by residents of the Borough, are excepted from the requirements of this section.
c. 
Charitable or Religious Organizations. This section shall not apply to any of the amusements enumerated when the net proceeds are for the benefit of any charitable or religious organization located within the Borough or when given the pupils of any school in the Borough, the proceeds of which are to be used for educational purposes.
[Ord. No. 8-01 § 14]
All licenses issued under this section shall expire on December 31 of each year.
[Ord. No. 8-01 § 15]
Any person, firm, or corporation violating any of the provisions of this section, shall be liable for the penalty stated in Chapter 1, Section 1-5. This penalty shall be in addition to the powers of suspension or revocation of any such license as provided for herein.
[Ord. No. 4-14 § 1]
As used in this section:
BOROUGH
Shall mean Borough of South Toms River.
DRIVER
Shall mean any person who drives a taxi/autocab/limousine within this Borough.
LIMOUSINES
Shall mean any automobile or motor car used in the business of carrying passengers for hire to provide pre-arranged passenger transportation on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity of no more than 14 passengers, not including the driver, and which charges a premium fare or price agreed upon in advance.
OPERATION OF A TAXI/AUTOCAB/LIMOUSINE
Shall consist of transporting in such taxi/autocab/limousine of one or more persons for hire. A taxi/autocab/limousine 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 shall be deemed to be operation of a taxi/autocab/limousine within the Borough. A taxi/autocab/limousine parked or idling on a Borough street or accepting a passenger for hire from a point of departure within the Borough shall be deemed to be operation. Operation of a taxi/autocab/limousine 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/limousine. 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 word "taxi", "cab", "autocab", "car service", "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/limousine 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
Means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
PRINCIPAL PLACE OF BUSINESS
Shall mean the location of the main place of business of the taxicab or limousine service where the service is conducted, where taxicabs or limousines are dispatched, and where drivers report for duty. A zoning permit is required for the establishment of a principal place of business within the Borough of South Toms River.
TAXI/AUTOCAB/LIMOUSINE
Shall mean and include any automobile commonly called taxi, 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. Taxi/autocab/limousine shall not include a limousine as defined by N.J.S.A. 48:16-3.
[Ord. No. 4-14 § 2]
No person shall operate any taxi/autocab/limousine within the Borough unless both the taxi/autocab/limousine and the driver thereof are licensed in the Borough in accordance with this section and said person or corporation conforms to all of the laws and regulations of the State of New Jersey.
[Ord. No. 4-14 § 3]
All taxi/autocab/limousine owners and operators, operating within the Borough shall be licensed in accordance with the provisions of this section.
There are hereby established two classes of taxi/autocab/limousine licenses in the Borough as follows:
a. 
Taxi/Autocab/Limousine/Driver's License. This license shall entitle the individual named therein to operate within this Borough any taxi/autocab/limousine duly licensed hereunder. Such license may only be issued in the name of an individual and not in the name of the business entity.
b. 
Taxi/Autocab/Limousine/Owner's License. This license shall entitle the vehicle therein listed and described to be used as a taxi/autocab/limousine and operated in this Borough by a driver duly licensed hereunder.
[Ord. No. 4-14 § 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 the 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/limousine owner's and driver's licenses shall be filed with the Borough Clerk at any time, but no taxi/autocab/limousine shall be operated in the Borough until both the taxi-autocab and driver are licensed in accordance with this section each year.
2. 
There shall be a maximum of 15 taxi/autocab/limousine owner's licenses available for issuance. Said number may be increased subject to the discretion of the Borough through the public bid process in accordance with N.J.S.A. § 48:16-2.1 et seq.
3. 
Requirements for Taxi/Autocab/Limousine Owner's Licenses. Each applicant for a taxi/autocab/limousine owner's license must meet the following requirements to be considered for issuance of a license:
(a) 
Be of the age of 21 years, or over.
(b) 
Fully complete an application form provided by the Borough Clerk, which shall be signed and sworn to or certified by the applicant and filed with the Borough Clerk as a permanent record.
(c) 
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 Morphotrak, Inc. (a private company under contract with the State of New Jersey) or whoever vendor under contract is at the time, at the Borough's sole discretion, which shall be forwarded to the Borough at the cost and expense of the applicant.
(d) 
Insurance.
(1) 
Each applicant for a taxi/autocab/limousine 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/limousine 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.
(2) 
If the applicant operates in more than one municipality, the applicant must file an original 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.
(3) 
The minimum acceptable insurance liability limit is as follows: Combined single limit coverage: $100,000.
4. 
Requirements for Taxi/Autocab/Limousine Driver's License. Each applicant for a taxi/autocab/limousine driver's license must meet the following requirement:
(a) 
Be of the age of 21 years, or over.
(b) 
Possess a valid New Jersey driver's license.
(c) 
Submit a completed Medical Examiner's Certificate required under 49 CFR 391.41-391.49 to the Borough from a licensed 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/limousine.
(d) 
Fully complete an application form provided by the Borough Clerk, which shall be signed and sworn to or certified by the applicant and filed with the Borough Clerk as a permanent record.
(e) 
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 Morphotrack, Inc. (a private company under contract with the State of New Jersey) or whoever the vendor under contract is at the time, at the Borough's sole discretion, which shall be forwarded to the Borough at the cost and expense of the applicant.
(f) 
The applicant shall be required to apply to the New Jersey Motor Vehicle Commission for a certified driver history abstract which shall be forwarded to the Borough at the cost and expense of the applicant.
[Ord. No. 4-14 § 5]
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. 
Any license issued pursuant to this section shall expire at midnight of the 31st day of December of the year in which it was issued, and shall not be transferable.
[Ord. No. 4-14 § 6]
a. 
The annual fee for each taxi/autocab/limousine owner's license hereafter issued, or any renewal thereof, shall be $50. The license is not transferable and is granted to a specific vehicle. If such vehicle is sold or conveyed during the license year, the owner may apply to the Borough for a substitute for the remainder of the license period.
b. 
The annual fee for each taxi/autocab/limousine driver's license hereafter issued, or any renewal thereof, shall be $50 for each year, or portion of a year, for which the license is issued or renewed.
1. 
In the event a person issued a taxi/autocab/limousine owner's license also makes application for a taxi/autocab/limousine driver's license, the $50 license fee will be waived if the taxi/autocab/limousine owner also happens to be the designated driver of that particular licensed taxi/autocab/limousine.
[Ord. No. 4-14 § 7]
a. 
The Mayor and Council may, in their discretion, refuse to issue or renew, or may after notice and hearing before the Mayor and Council, revoke or suspend any taxi/autocab/limousine driver's and/or owner's license issued hereunder if the applicant or licensee:
1. 
Has been convicted of a crime in this or any other jurisdiction.
2. 
Violates any provision of this section.
3. 
Has not complied fully with all of the requirements of this section.
4. 
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.
5. 
If the policy of insurance required by N.J.S.A. 48:16-3 and subsection 4-7.4a,3(d) lapses, or such coverage is not maintained at all times.
6. 
Has in any degree contributed to any injury to any person, or damage to property, arising out of reckless operation of a motor vehicle pursuant to N.J.S.A. 39:4-96.
b. 
A person shall be disqualified from operating or driving an autocab if a criminal history record background check as required by this section reveals a record of conviction of any of the following crimes:
1. 
In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A. 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
2. 
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph b,1 of this subsection.
3. 
If a person who has been convicted of one of the crimes enumerated in paragraphs b, 1 and 2 of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
[Ord. No. 4-14 § 8]
a. 
No taxi/autocab/limousine shall be operated in the Borough unless the taxi/autocab/limousine driver's license (including photograph identification) of the person operating the taxi/autocab/limousine, 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. 4-14 § 9]
a. 
Every taxi/autocab/limousine 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" or "taxicab", as well as the business telephone number.
b. 
Every taxi/autocab/limousine 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. 4-14 § 10]
a. 
No Cruising. No person shall cruise the streets of the Borough in any vehicle, including but not limited to taxi/autocab/limousines at any time for the purpose of soliciting for one or more persons for transportation for a fee or fare.
1. 
Pre-arranged Pickup. Any taxi/autocab/limousine may pick up passengers if the taxi/autocab/limousine 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 pickup at a specific time and place. The taxi/autocab/limousine 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/limousine shall at no time interfere with traffic on any roadway. Nothing herein shall preclude commercial establishment locations to establish pick-up areas in parking lots.
[Ord. No. 4-14 § 11]
The Borough of South Toms River may designate the location and size of any taxi stand in accordance with State law and pursuant to the Borough of South Toms River Code Section 7-38. Only taxi/autocab/limousines and taxi/autocab/limousine drivers licensed by the Borough under this section may utilize the taxi stand. No person shall sit idle, park or operate in a designated taxi stand for any other purpose except to pick up or discharge passengers. A designated taxi stand may only be occupied by a taxi/autocab/limousine and driver licensed by the Borough in accordance with this section. No person shall leave any vehicle unoccupied at any designated taxi stand. A taxi stand shall allow a person the opportunity to find transportation services in an expeditious, unbiased, nondiscriminatory and courteous manner. No passenger may be denied transportation by any taxi/autocab/limousine occupying any portion of a designated taxi stand provided that said passenger has the ability to meet the terms, fare or fee for the service to be rendered. Call ahead or pre-arranged pickups may not be picked up from any designated taxi stand.
a. 
Temporary Taxi Stand. The ranking or senior Borough Police Officer on duty may, in the event, the number of people at any location seeking transportation from Taxi/autocab/limousines creates or may create a safety concern and or may create a disturbance of the peace, may establish a temporary taxi stand at any public location, such temporary taxi stand to be designated by temporary traffic signs or other traffic devices identifying the temporary taxi stand. The provisions of subsection 4-7.11 applicable to taxi stands shall be applicable to temporary taxi stands pursuant to the Borough of South Toms River Code Section 7-38.
[Ord. No. 4-14 § 12]
a. 
Any person violating any of the provisions of this section shall, upon conviction of a first offense be subject to a fine of not to exceed $250; on conviction of a second offense be subject to a fine of not to exceed $500 and for a third or subsequent offense be subject to a fine of $1,250, and/or be subject to a term of imprisonment 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 $1,250.
c. 
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.
[1975 Code § 4-1.1]
This section is enacted pursuant to the Police and zoning powers of this Borough to promote the health and welfare of its inhabitants, property owners and taxpayers.
[1975 Code § 4-1.2]
Except as hereinafter specifically set forth, it shall be unlawful for any person to occupy or permit to be occupied on his lands or otherwise a trailer, mobile home, camper, motor home, motor vehicle, van, tent or other "structure" as defined in N.J.S.A. 40:55D-7, for human habitation, storage, office, manufacturing or business use anywhere in the Borough.
[1975 Code § 4-1.3]
In the event of: (a) total destruction of a home in the Borough by fire or other catastrophe or calamity; (b) the rebuilding or extensive remodeling of an existing professional, commercial or industrial building or structure; or (c) extensive development requiring temporary accommodation of the contractor, his crew or equipment, upon application to the Mayor and Council and upon a showing that: (1) there is no reasonably available economic alternative; and (2) there will be no adverse effect to adjoining properties in the zone, provided that the owners of all properties within 200 feet, shall first be given notice of such application and an opportunity to be heard, the Mayor and Council may, in its discretion, grant a trailer occupancy license permitting the licensee's occupancy for human habitation, storage, office, manufacturing or business use for a temporary period not to exceed six months, which license may be renewed by the Mayor and Council, in its discretion for only one additional period not to exceed six months.
[1975 Code § 4-1.4]
a. 
In connection with the granting and renewal of the aforementioned license, a fee in the amount of $60 for an original trailer occupancy license or license renewal for temporary human habitation shall be paid to the Chief Financial Officer at the time of the application or application for renewal.
b. 
A fee in the amount of $150 for an original trailer occupancy license or license renewal for storage, office, manufacturing or business use shall be charged and shall be paid to the Chief Financial Officer at the time of application or at the time of application for renewal.
[1975 Code § 4-1.5]
No license shall be issued or renewed unless a written application shall first be filed in the office of the Borough Clerk, accompanied with proof of service of a notice of application to all owners of properties within 200 feet of the premises covered by the application, in accordance with a list of such owners to be obtained from the Borough Tax Assessor, as set forth in subsection 4-8.3, unless the applicable original or renewal fee shall be paid, as set forth in subsection 4-8.4 above, and unless the Mayor and Council shall determine, in its discretion that such license should be granted or renewed, as set forth in subsection 4-8.3 above. All necessary forms shall be provided by the Borough Clerk.
[1975 Code § 4-1.6]
No trailer shall be located, placed or kept on any public highway or public land or upon private lands without permission from the owner or other person entitled to possession or occupancy of such land.
[1975 Code § 4-1.7]
Any license granted or renewed pursuant to this section shall not be transferable in any regard, including, without limitation, as to trailer, licensee or location.
[1975 Code § 4-1.8]
The trailer and the premises on which it is located shall at all times be kept in a neat, clean and sanitary condition.
[1975 Code § 4-1.9; New]
Any person who shall violate any provision of this section shall be subject to the penalty stated in Chapter 1, Section 1-5.
[1975 Code § 4-1.10]
This section shall be enforced by the Code Enforcement Officer and any other duly designated and authorized officers and employees of the Borough of South Toms River.
[Ord. No. 3-11]
No person, firm, association, partnership or corporation shall hereafter conduct or permit to be conducted any retail business commonly known and designated as "auctions" in the Borough, unless a license for such business is first obtained from the Borough by the person desiring the auction.
[Ord. No. 3-11]
Any business wherein the price of articles to be sold is fixed and determined by bidding shall be construed an "auction" within the meaning of this section.
[Ord. No. 3-11]
Before any license is granted as set forth in subsection 4-9.1, the applicant shall make an application in writing therefor to the Mayor and Council of the Borough which application shall disclose the following:
a. 
Name, age and residence of the applicant.
b. 
Type of merchandise to be displayed and sold at auction.
c. 
Business reference of three persons not related to the proposed applicant.
d. 
Where applicant is a corporation, the registered office of the corporation and the name of the registered agent.
e. 
Whether applicant has ever been convicted of a crime.
[Ord. No. 3-11]
The Mayor and Council shall investigate each application made and is empowered and authorized to issue a license for the auction.
[Ord. No. 3-11]
a. 
The Mayor and Council shall require, as a condition precedent to granting the license, a bond from the applicant of the Borough in the sum of $5,000 with sufficient sureties acceptable to the Mayor and Council, and conditioned for the due observation of this section and such other ordinances or regulations that may be passed respecting the conduct or operation of such auctions.
b. 
The bond shall be for the protection of persons and property and the preservation of the safety and property of the Municipality and its inhabitants, as may now or hereafter be required by any State law or municipal ordinance or regulation. Bond shall be renewed from time to time, and no auction shall be operated or conducted if the bond is expired, revoked or cancelled for any reason whatsoever.
[Ord. No. 3-11]
Such license, if granted, shall be conspicuously placed upon the premises, and shall in no case whatsoever be transferable.
[Ord. No. 3-11]
The license fee shall be the sum of $200 per year, all payable in advance for each year, and each year shall commence on January 1 and expire on December 31 of each year.
[Ord. No. 3-11]
The Mayor and Council may, upon its own motion or upon the complaint in writing of any person, investigate the actions of the licensee, and shall have power to suspend for the unexpired portion of the license period, or revoke, any license issued under the provisions of this section or any ordinance that may be hereafter adopted by the Borough, where the applicant, licensee, tenant or any person acting for them or any of them in performing or attempting to perform any of the acts mentioned herein, is deemed to be guilty of:
a. 
Making any false premises or misrepresentations.
b. 
The violation of any part of the provisions of this section or other ordinances or regulations relating thereto.
[Ord. No. 3-11]
The premises upon which the auctions are or may be located shall be open to inspection at all reasonable hours by any Borough official or member of the Police Department.
[1975 Code § 4-3.1; Ord. No. 6-14]
It shall be unlawful for any person to engage in or carry on within the limits of the Borough the business to carry on or conduct pool and billiard parlors until and unless such person first obtains a license from the Borough Clerk therefor, and pay the license fee as hereinafter fixed.
[1975 Code § 4-3.2; Ord. No. 6-14]
The Borough Clerk is hereby authorized to issue such license upon the payment by the applicant of the proper fee therefor as hereinafter prescribed except that the Borough Clerk shall issue no license for any cabaret, dance hall, carnival or public show or performance of any nature, whether the same be operated in connection with or separate from any restaurant or bar, unless and until the application is first approved by the Mayor and Council in regular meeting.
[1975 Code § 4-3.3; Ord. No. 6-14]
Every license shall remain in force and shall be valid only for the time expressed in the license, shall apply only to the person to whom granted and shall not be transferable.
[1975 Code § 4-3.4; Ord. No. 6-14]
Any person to whom a license is granted shall be required to exhibit the license to the proper authorities when called upon to do so.
[Ord. No. 6-14]
The license fees under this section are hereby fixed as follows:
a. 
Pool and billiard parlors, license fee for each table shall be $5 per year.
[1975 Code § 4-3.6; Ord. No. 3 § 5; Ord. No. 6-14]
No rebate from the yearly amount of these fees shall be allowed for a portion of a year.
[Ord. No. 5-14]
As used in this section, the following items shall have the meanings indicated:
DEALER
Shall mean any person, partnership, corporation or other entity, whether permanent or itinerant, who on one or more occasions (through any means) buys and sells secondhand gold, silver, precious metals, gems or jewelry, and includes anyone advertising the purchase or sale of any of the aforementioned items. This shall not be deemed to include (1) judicial sales or sales by executors or administrators, (2) occasional or auction sales of household goods sold from private homes, (3) auctions of real estate.
ITINERANT BUSINESS
Shall mean any business conducted intermittently within the Borough of South Toms River or at varying locations.
MINOR
Shall mean any person under the age of 18 years.
PERMANENT-BASED BUSINESS
Shall mean any business conducted on a year-round basis and housed in a single structure, such as a store or residence.
[Ord. No. 5-14]
Each dealer conducting business within the jurisdiction of the Borough of South Toms River shall first register with the Chief of Police of the South Toms River Police Department, or Officer in Charge, who shall fingerprint the applicant and institute such an investigation of the applicant's moral character and business responsibility, as he/she deems necessary for the protection of the public welfare.
In the event that the dealer is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated in accordance with this section. Upon completion of the investigation, the Chief of Police, or Officer in charge, shall either issue or deny the license based upon the results of his/her investigation. Upon the issuance of the license, the applicant shall be given a copy of this section.
[Ord. No. 5-14]
a. 
Upon issuance of a license, the fee shall be based as provided hereinafter.
b. 
A license issued under the provisions of this section shall not be transferable and shall terminate on December 31 of the year in which said license is issued.
[Ord. No. 5-14]
Each dealer shall maintain a complete record of each purchase and sale, including the amount paid, description of the item and any identifying numbers or engravings. The dealer shall also obtain the name, address and date of birth, driver's license number and state of issuance for the person from whom the items were purchased, received or sold. The name of the Clerk making the transaction shall be "legibly set forth." The dealer shall issue to the seller and keep for his/her own records, for not less that one year the weights of the precious metals purchased and the fineness of the precious metal. This information is to be documented on the "Secondhand Jewelry Transaction Receipt" form supplied by the South Toms River Police Department. These records shall be subject to the inspection of any authorized Police Officer of the Borough of South Toms River. The records required to be maintained shall be kept confidential by the dealer and shall be released only to appropriate law enforcement personnel. The precious metal shall be retained in the form in which they were purchased for a period of seven days.
[Ord. No. 5-14]
Each dealer doing business in the Borough of South Toms River shall deliver to the Chief of Police or the Officer in Charge, the description of all items purchased, received or sold including a photographed recording of the item(s) being purchased by the dealer within 48 hours of the completion of the transaction of the "Secondhand Jewelry Transaction Receipt" forms provided by the Chief of Police or Officer in Charge. The photograph shall be of digital form and quality with the ability to be electronically transferred to a computer.
[Ord. No. 5-14]
No dealer shall sell, melt or change the form of or dispose of any articles purchased or received within seven days of the date of said purchase, and all such items shall be made available for at least seven days to any authorized Police Officer requesting such items.
[Ord. No. 5-14]
Each dealer must require identification of the person with whom he is transacting business, and no transaction may be made with any minor, as herein defined, nor with any individual who is in an intoxicated state and/or is under the influence of intoxicating liquor, narcotics or hallucinogenic or habit-producing drugs.
[Ord. No. 5-14]
Each licensee shall deliver a bond to the Clerk executed by the applicant as principal with a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond, to be approved by the Municipal Attorney, shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the Borough of South Toms River in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the licensee licensed under this chapter by reason of any damage sustained by any such person as a result of the operations of the licensee under this chapter, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the Borough of South Toms River, be and remain for the benefit of any person who shall obtain a judgment against obligor, as a result of damage sustained in operation pursuant to any license granted under Section 4-11 of the Borough of South Toms River." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license. As per State Law, every itinerant business must also show proof of bond, issued license in jurisdiction of origin and weights and measures inspection.
[Ord. No. 5-14]
Licenses issued under the provisions of this section may be revoked by the Chief of Police or Officer in Charge, after a hearing, upon notice to the applicant for any of the following causes:
a. 
Fraud, misrepresentation or false statement contained in the application for license.
b. 
Fraud, misrepresentation or false statement made in the course of carrying on the business of purchasing secondhand precious metals, gems and jewelry.
c. 
Any violation of this chapter.
d. 
Conviction of any crime or disorderly persons offense involving moral turpitude.
e. 
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health or welfare of the general public.
[Ord. No. 5-14]
Any person who violates any provision of this section shall, upon conviction, be subject to one or more of the following: A fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days. If the violation is of a continuing nature, each day during which it continues shall constitute a separate and distinct offense.
[Ord. No. 5-14]
The fee for a precious metal, gems and jewelry license shall be $200 per calendar year.
[Ord. No. 11-2015]
See Chapter 3, Police Regulations, Subsection 3-1.19, for permit requirements for canvassing and soliciting for real estate in the Borough.
[1]
Editor's Note: The title of this section was changed from "Door-to-Door Sales Regulations; License" 10-15-2019 by Ord. No. 2019-11.
[Ord. No. 4-2017]
As used in this section:
CHIEF OF POLICE
Shall mean the Chief of Police or representative authorized by the Chief of Police to perform the acts of the Chief of Police in accordance with this section.
CRIMINAL HISTORY BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal record by cross-referencing the person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.
DOOR-TO-DOOR SALES ENTERPRISE
Shall mean any public or private business, corporation or partnership that produces earnings through door-to-door sales including businesses, corporations or partnership that participates in canvassing, itinerant vending and/or peddling as defined herein. Said enterprise shall not include an organization that participates solely for nonprofit solicitation.
ITINERANT VENDOR
Any person who goes from place to place by traveling on the streets and roads, or from house to house, taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the object to be sold and whether or not he is collecting advance payments on such sales.
OWNER(S) OF DOOR-TO-DOOR SALES ENTERPRISE
Shall be defined to include all principals who own 10% or more of the equity in the corporation or business trust, partners and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
PEDDLER
any person who goes from place to place by traveling on the streets and roads, or from house to house, carrying, conveying or transporting goods, wares or merchandise for the purpose of selling and delivering them to customers. The word "peddler" shall include the words "hawker" and "huckster."
[Ord. No. 4-2017]
An application for a license as provided herein shall be made to the Chief of Police upon forms provided by the Borough. Such application shall be sworn to and filed with the Chief of Police at least 10 days prior to the time at which the license supplied for shall become effective. The application required shall contain the following information:
a. 
The name, description, address or headquarters of the person applying for the license.
b. 
If the applicant is not an individual, the names and addresses of the applicant's principal officers, operating managers and all members of the applicant's Board of Directors.
c. 
If the applicant is a nonprofit corporation of the State of New Jersey, a certified copy of its certificate of incorporation, together with any amendments or supplements thereto.
d. 
If the application is a corporation, an in-state registered agent must be identified by name and street address.
e. 
If the applicant is an individual, the permanent home address and full local address of the applicant.
f. 
If the applicant is employed, the name and address of the employer, together with credentials establishing the exact relationship.
g. 
A brief statement of the nature of the business and description of the merchandise or service to be sold.
h. 
The name and address of the person or persons who will be in direct charge of conducting the sale or offer of merchandise or service(s) and the name of all promoters connected with the proposed sale or offer.
i. 
An outline of the method or methods to be used in conducting the sale or offer of merchandise or service(s).
j. 
The length of time for which the license is desired including a schedule of the streets or portions thereof which will be canvassed and the preferred dates of such canvassing.
k. 
If a vehicle or vehicles are to be used, a description of such vehicles and license numbers.
l. 
The place where the goods or property to be sold or offered for sale are manufactured or produced, where such goods or property are located at the time such application is filed and the proposed method of delivery.
m. 
If the applicant is an individual, two photographs of the applicant taken within 60 days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure two inches by two inches, and a set of fingerprints to be taken by the Borough Police Department.
n. 
Two business or banking references located in the County of Ocean, State of New Jersey.
o. 
A statement to the effect that if a license is granted, it will not be used or represented in any way as an endorsement by the Borough of South Toms River or by any department or officer thereof.
p. 
A signed statement as to whether 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 therefor.
q. 
Such other information as may be reasonably required by said Chief of Police in order for him to determine the kind and character of the proposed solicitation and whether such solicitation is in the interest of any not inimical to the public welfare.
r. 
Applicants shall maintain and produce proof of insurance coverage in the minimum amounts of $100,000 per person for personal injuries, three $300,000 per occurrence for personal injuries and $50,000 for property damage. The Borough of South Toms River shall be named as an additional insured on all such insurance policies. The insurance coverages shall not be terminated or canceled prior to the expiration date thereon unless 30 days' advance written notice is provided to the Borough of South Toms River.
[Ord. No. 4-2017; amended 10-15-2019 by Ord. No. 2019-11]
a. 
A temporary license may be issued for a period not to exceed 60 days upon the written recommendation of the Chief of Police. Once approved, the solicitation license shall be good for 120 days.
b. 
Fees. Applicants shall pay a yearly permit fee of $100.
c. 
A temporary license can be extended for a full year, after a review of the temporary license, and recommendation by the Chief of Police, and permit authorized by the Governing Body.
d. 
The fee to extend the temporary license to the full year shall be an additional $100.
[Ord. No. 4-2017]
a. 
The Chief of Police shall initiate criminal history record background checks of present and prospective canvassers, peddlers, itinerant vendors or owners and employees of a door-to-door sales enterprise as set forth in this section.
b. 
No person shall be licensed as a canvasser, peddler, itinerant vendor or owner or employee of a door-to-door sales enterprise unless the Chief of Police certifies that the person has no criminal history record of a conviction for an offense enumerated in paragraph c below.
c. 
A person subject to paragraph b above whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from receiving a license to conduct canvass, peddle, itinerant vend or perform door-to-door sales:
1. 
If the conviction was in New Jersey for a crime:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1, et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1 et seq.; or
(b) 
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq. or N.J.S.A. 2C:25-17 et seq.; or
(c) 
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
(d) 
Involving any controlled dangerous substance or analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10.
2. 
If the conviction was in any other state or jurisdiction, for conduct constituting any of the crimes described in paragraph 1 above.
d. 
The Chief of Police is authorized to receive criminal record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and Federal laws, rules and regulations. The applicant shall bear the cost, if any, for the criminal history record background check, including all costs of administering and processing the check.
e. 
The Division of State Police in the Department of Law and Public Safety, upon the request of the Chief of Police, shall conduct a criminal history record background check requested by the Chief of Police in accordance to the provisions of this subsection. The check shall be performed only upon certification by the Chief of Police that the person has submitted to the Chief of Police the person's name, address, fingerprints and written consent for a criminal history record background check to be performed.
For purpose of conducting the criminal history record background check, the State Police shall examine its own files and arrange for a similar examination of Federal criminal records. The information obtained as a result of any such check shall be forwarded to the Chief of Police.
f. 
1. 
A criminal history record background check shall not be initiated pursuant to this subsection without the written consent of the person. The consent required under this subsection shall be in the manner and form prescribed by the Chief of Police and shall include, but not be limited to the signature, name, address and fingerprints of the person.
2. 
Upon receiving the results of a criminal history record background check, the Director shall promptly notify any person who has not been convicted of a disqualifying offense. Along with that notice, the Chief of Police shall forward a certification stating that the person has been subject to a criminal history record background check and that the check has not revealed any record that the person has been convicted of a disqualifying offense. The certificate shall be in a form, and contain any additional information, as the Chief of Police may prescribe by rules and regulation.
3. 
The Chief of Police shall promptly notify a person whose criminal history record background check reveals a disqualifying criminal conviction of the results of the background check. The person shall have 30 days from the receipt of that notice to petition the Chief of Police for a review and cite reasons substantiating the review. If the person successfully challenges the accuracy of the criminal history record information indicating a criminal conviction or the person demonstrates affirmatively to the Chief of Police clear and convincing evidence of rehabilitation, the Chief of Police may issue a certificate indicating that the person has successfully cleared a background check.
4. 
In determining whether the rehabilitation of a person has been affirmatively demonstrated, the Chief of Police shall consider:
(a) 
The nature and seriousness of the offense;
(b) 
The circumstances under which the offense occurred;
(c) 
The date of the offense;
(d) 
The age of the person when the offense was committed;
(e) 
Whether the offense was repeated;
(f) 
Social conditions which may have contributed to the offense; and
(g) 
Any evidence of rehabilitation, including good conduct in the community, counseling, psychological or psychiatric treatment, additional academic or vocational training, or personal recommendations.
5. 
In the case of a door-to-door sales enterprise, a copy of the notification required under paragraphs f.2 and f.3 of this subsection also shall be forwarded to the owner of the enterprise.
6. 
The Chief of Police shall not certify a person subject to the provisions of this article who refuses to consent to, or cooperate in, the securing of a criminal history record background check.
[Ord. No. 4-2017]
a. 
The Borough Clerk shall prepare a list of addresses of those premises where the owner and/or occupant has notified the Clerk that canvassing, peddling, itinerant vending and door-to-door sales enterprising are not permitted on the premises (hereinafter referred to as the "Do Not Knock" Registry). Notification shall be by compensation of a form available at the Borough Clerk's office during normal business hours. The list shall be updated on January 1st and July 1st of each year.
b. 
Any owner and/or occupant who has requested enlistment on the "Do Not Knock" Registry, pursuant to paragraph a., shall be able to register at the Municipal Clerk's Office, at no cost, a sticker for display at his/her/its premises indicating enlistment on the "Do Not Knock" Registry.
c. 
The Borough Clerk shall submit the "Do Not Knock" Registry to the Chief of Police biannually to be distributed to applicants for a license to peddle, canvass, itinerant vend or otherwise door-to-door sell pursuant to the provisions of this section. The licensee shall not peddle, canvass, itinerant vend or conduct door-to-door sales at any premises identified on the then current "Do Not Knock" Registry.
[Ord. No. 4-2017]
No person shall take part in door-to-door sales and door-to-door sales enterprise except during the hours of 9:00 a.m. to 6:00 p.m.
[Ord. No. 4-2017]
Any canvasser, peddler, itinerant vendor or owner or employee of a door-to-door sales enterprise who violates any provision of this section shall be:
a. 
Subject to a maximum violation fine of $1,250 per offense;
b. 
Subject to a one year revocation of any license issued pursuant to the within section; and
c. 
Ineligible to receive a new license, pursuant to the within section; for a period of one year, coinciding with the terms of one year revocation noted in paragraph b above.
The requirements of this section shall not apply to the following:
a. 
Any charitable body that shall canvass, peddle, solicit or conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable object for which the body exists, except that where such body shall undertake to canvass for a period in excess of 14 days, such body shall be required to apply for a license under this section. Any such licenses issued under this section to such body shall be valid only for a period of 14 days.
b. 
Any person honorably discharged from the military service who has a license under N.J.S.A. 45:24-9 et seq.
c. 
Any person who is an exempt fireman of a volunteer fire department as defined by N.J.S.A. 45:24-9 and 10, possessing a license in conformity with the law.
d. 
Any religious organization recognized as tax exempt under the United States Internal Revenue Code, provided the organization is not selling or attempting to sell merchandise.
e. 
Any person not otherwise subject hereto engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.
f. 
Any person canvassing, peddling, or soliciting for a governmental agency.
g. 
Any person canvassing peddling, or soliciting for a political purpose or party. The sale of personal property shall not be exempted under this exception.
h. 
Any charitable organization registered with the State of New Jersey or the Attorney General pursuant to the Charitable Registration and Investigation Act, N.J.S.A. 45:17A-18, as it may be amended from time to time.
i. 
This section shall also apply to § 4-2.4.
a. 
No peddler, canvasser or itinerant vendor shall conduct or attempt to conduct his business at any residence or on any property on which is posted a sign expressly prohibiting such activity. A posted sign stating "No Soliciting" or like warning must be honored by all peddlers, canvassers or itinerant vendors.
b. 
No peddler, canvasser or itinerant vendor shall park on public or quasipublic property, with or without permission of the owner or on a public street, for more than five minutes to conduct his business from the vehicle carrying merchandise. No person shall park on private property without the permission of the owner and a license issued under this section. A peddler, canvasser or itinerant vendor may apply to the Chief of Police for a license under the provisions of this section to conduct his or her business on private property only with the written permission of the owner.
c. 
No person regulated hereunder, nor a holder of a license under the authority of N.J.S.A. 45:24-9 (see § 4-13.8), shall hawk, peddle and vend any goods, wares or merchandise, including but not limited to food, ice cream and soft drinks, upon any public beach or place of recreation or on any public street adjacent to such beach or place of recreation.
d. 
No person shall unreasonably shout, make any outcry, blow a horn, ring a bell or use any sound device in excess of reasonable decibels, including any loudspeaking radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places of this municipality or upon any private premises, where the sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places.
e. 
Notwithstanding the provisions of § 4-2.2, no person shall engage in any of the activities described in this section within the corporate limits of the Township unless and until such person shall have first registered with the Chief of Police.