The general power to license and to prescribe license fees is contained in R.S. 40:52-1, 2. Licensing is also part of the general police power granted by R.S. 40:48-2.
No person, without having first obtained a license shall engage in the business of hawker or peddler of any merchandise, article or thing or engage in business as a canvasser or solicitor, calling at residences without the previous consent of the occupant for the purpose of soliciting orders, sales, subscriptions, advertising testimonials, or business of any kind, or to solicit for donations.
The fee for an annual license for each individual person shall be $5. The fee for photographs, if suitable photographs are not furnished by the applicant, shall be $2.
Information Required. The applicant shall register with the borough police by completing an application which will provide his complete identification, including his permanent address, his signature, the name and address of his employer in the occupation for which a license is sought, the nature of the products or services in which he is interested, the names and addresses of the manufacturers of such products, or of the organization which he is representing, the proposed method of operation in the borough, and the description of the vehicle, if any, intended to be operated. Fingerprints of the applicant shall be taken by the police, and a photograph of the applicant shall be taken by the police unless a suitable photograph, having a minimum size of two inches by two inches and a minimum long dimension of the head of one inch, is furnished in duplicate by the applicant.
Police Investigation; Issuance of License. The police shall make a suitable investigation of the applicant and of the facts stated in the application, and shall, within 14 business days after receipt of the application, inform the borough clerk whether the investigation has revealed any record of conviction or suspicion of crime or fraud or violence by the applicant or any significant misstatement in the application and shall forward the application, photographs and fingerprints to the borough clerk.
If such record or misstatement is found, the application shall be denied. Otherwise, the borough clerk is hereby authorized to issue a license upon payment by the applicant of the prescribed fee.
Each person shall at all times while soliciting, canvassing or peddling within the borough exhibit the license herein provided when requested by any resident of the borough.
No canvassing, soliciting or peddling shall be conducted in the borough except between the hours of 9:00 a.m. and 5:00 p.m., prevailing time, Sundays excluded. On proper application to the chief of police, exceptions to this subsection may be granted.
The provisions of this section shall not apply as follows:
To officers or employees of the borough, county, state or federal government or any subdivision thereof when on official business.
The provisions of subsection 4-1.2, Fees, shall not apply to any religious, charitable, or public service or civic organizations, such as Boy Scouts of America, Lions Club, Community Chest, Chamber of Commerce, or similar organizations.
To salesmen selling at wholesale to local business establishments.
The provisions of subsections 4-1.1 to 4-1.5, inclusive, shall not apply to the solicitation of funds for any organization as described in paragraph 4-1.6b, if such organization is chartered or recognized by the State of New Jersey during a solicitation campaign, if such campaign is announced in the official borough newspaper, and does not exceed three months in any calendar year. Any person soliciting under the provision of this paragraph is to carry with him, when soliciting, credentials furnished him by the person, corporation or society for whom he is soliciting and to present the same upon request of any authorized person.
Any honorably discharged veteran who holds a license issued by the Clerk of Mercer County pursuant to R.S. 45:24-9 and any member of a volunteer fire department holding an exemption certificate as provided in R.S. 45:24-9 shall obtain a permit, but without fee and uphold all other provisions thereof.
Any license issued pursuant to this section may be suspended by the chief of police and revoked by the borough council because of any violation by the licensee of this section or of any other ordinance of the borough or any state or federal law.
[Ord. 128; Ord. 206]
As used in this section:
TAXICAB - Shall mean and include any automobile, motor car or other vehicle 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 or public highways of this borough, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within the borough, providing that nothing herein contained shall include auto-buses, public liveries, jitney or other such vehicles which are hired by charter or for a particular contract agreed upon in advance, or such public conveyances as are by law subject to state or federal regulation exclusively.
PERSON - Shall mean and include any individual, copartnership, association, corporation, joint stock company, or their lessees, trustees or receivers.
STREET - Means and includes any street, avenue, park or parkway, highway or other public place.
It shall be unlawful for any person to operate any taxicab or cause any taxicab to be operated within the borough without first having obtained a license therefor from the mayor and council of the borough.
Taxicab Owners. Any person desiring to obtain a license for operation of a taxicab or taxicabs shall make a separate application in writing to the mayor and council for the granting of a license for each vehicle, upon blank forms to be furnished by the borough, and shall give such information as may be deemed by the borough council as requisite to determine the fitness of the applicant to conduct the business and the adequacy of the vehicle and equipment to be used.
Every applicant for this license must be a citizen of the United States and at least 18 years of age. No application shall be accepted by the borough clerk unless accompanied by the full amount of the license fee. No owners license shall be issued until the taxicab has been thoroughly and carefully inspected under the direction or supervision of the chief of police, and found to be in a safe, clean and sanitary condition for transportation of passengers.
Each owner's license issued hereunder shall state the make, motor and serial number of the car licensed and the license number of the vehicle as granted by the State of New Jersey. The license, when issued, shall not be construed to permit an owner or operator to drive or operate a taxicab without a taxicab driver's license.
Taxicab Drivers. All applications for taxicab driver's licenses shall be made in writing to the mayor and council, on blank forms to be furnished by the borough and shall give, in addition to the information required by this section, such further information as may be deemed by the borough council as requisite to determine the fitness of the applicant to act in the capacity specified.
Each applicant for a driver's license shall be at least 18 years of age, a citizen of the United States and a holder of a state driver's license issued by the State of New Jersey. Each applicant shall prove to the satisfaction of the borough council that he is in good health with good eyesight and that he is able to read and write the English language and is of good character; that he has knowledge of the traffic regulations and the geography of the borough, and must furnish with his application two recent identification photographs of himself approximately 1 1/2 inches by 1 1/2 inches.
A temporary driver's license in accordance with the qualifications of this section may be issued by the chief of police for a period not exceeding 10 days. Each application shall be accompanied by the full amount of the license fee.
No owner's license shall be transferred from one vehicle to another until the owner shall first obtain written permission from the borough council for the transfer and pay to the borough clerk a transfer fee of $1. No owner's license shall be transferred from one owner to another except by direct action by the mayor and council and payment to the borough clerk of a transfer fee of $5. All applications for transfer of owner's licenses shall be made upon forms furnished by the borough, and shall be accompanied by the full amount of the transfer fee.
All changes of residence on the part of the holder of any license issued under this section shall be reported to the borough clerk within three days after the change.
Taxicab driver's licenses shall not be transferable.
All licenses issued under this section shall be good and valid from the date of issue until April 15 next after such grant.
The fees to be paid for these licenses shall be as follows:
The borough council is hereby authorized to designate by resolution such places in the borough as public stands for taxicabs as they may deem expedient and proper, and they may give such direction regarding the places and positions to be occupied at public stands as they may deem to preserve order and promote public convenience. No vehicle which is not licensed shall occupy any part of public stands so designated. A copy of such resolution certified to by the borough clerk shall be deemed conclusive evidence as to the existence and position of any such public stand in any action under this section.
Owners and drivers of taxicabs shall be governed by the following provisions:
Misleading; Misinforming. No owner or driver of any taxicab shall induce any person to employ him by knowingly misinforming or misleading any such person either as to the time or place of the arrival or departure of any train or as to the location of any hotel, public or private place, nor shall any such owner or driver deceive any person, make false representations to him or convey any passenger to any other place or over any other route than that indicated by the passenger.
Neglect; Unreasonable Delay. No owner or driver of a taxicab who has accepted an order to call at any point in the borough for the purpose of conveying any person to any other point in the borough, or the surrounding community, shall neglect or unreasonably delay to execute the order.
For the purpose of this section, any order delivered to, and accepted by the person in charge at the garage, office or home of the owner or driver, shall be considered as having been delivered to and accepted by the owner or driver.
Taxicab Driver's License in Possession. Every driver or operator when in charge of a taxicab licensed under this section shall have in his immediate possession a valid taxicab driver's license, which shall be exhibited at any time, upon request of any police officer, any duly authorized agent of the borough, or any passenger.
Display of Owner's License and Rate Cards; Outside Sign. Every taxicab licensed under this section shall carry affixed therein so that it may be conveniently read by any passenger, a card containing the name of the owner of the vehicle, the number of the owner's license and the rate of fare established under this section.
A card containing the maximum rates of fare to be charged shall be affixed in the inside of each vehicle so as to be readily visible to a passenger, and no owner or driver shall be permitted to charge at a rate in excess thereof. No owner or driver shall accept a passenger for transportation outside the borough unless he informs the passenger before starting that the rates of fare as posted do not apply to transportation beyond the limits of the borough.
Every taxicab shall also carry in such position as to be visible from the outside an electric sign showing the word "taxi" which shall be illuminated at night.
The rates of fare which may be charged by any licensed taxicab driver shall not exceed the following rates:
Day Rates. For one passenger to any place within the limits of the borough, $0.50. For each additional passenger to the same destination within the limits of the borough, $0.25. For two or more passengers to separate destinations within the limits of the borough, per passenger, $0.50.
Night Rates. The night rates for each passenger from 11:00 p.m. to 7:00 a.m. to any place within the limits of the borough, $0.75. For each additional passenger to the same destination within the limits of the borough, $0.25. For two or more passengers to separate destinations within the limits of the borough, per passenger, $0.75.
Waiting Time. The rate for waiting time for one stop of not over five minutes enroute, no charge. For waiting time after initial five minutes, for each five minutes, $0.35.
Route Deviation. Each stop requiring a deviation from the normal route shall be considered a separate trip and charged at the regular rates, provided that the total charge shall not exceed that for a corresponding trip rate agreement.
Trip Rates. Trip rates by special agreement, for each quarter hour, or fraction thereof, $1.25.
Luggage. Hand bag, valise or personal baggage transported as incidental to transportation of passengers, no charge, except where more than two items of baggage are transported per person carried, in which case the rate shall be $0.15 per unit of baggage.
Empowerment to Change Fees. Any change to be made in any of the fees in this subsection, shall be done by resolution of the borough council.
The chief of police or any authorized agent of the borough shall have the right at any time to inspect any or all vehicles.
Any license may be revoked or suspended at any time for cause, and such license when so suspended or revoked, shall not be reissued except for good and sufficient reason shown.
Licenses may be suspended by the mayor, clerk, or the chief of police, but no license shall be revoked except by action of the borough council.
There is hereby reserved to the mayor and council the right to make such rules and regulations in relation to the operation of taxicabs and the conduct of the operators as they may determine to be necessary and proper in the best interests of the citizens of the borough. It is further declared that any violation of such rules and regulations as made by the mayor and council of the borough shall constitute a violation of the provisions of this section.
No person shall show, exhibit or cause to be shown, or exhibited in the borough, any circus or such show or exhibition, without first obtaining a license for that purpose.
A license may be issued to any person permitting him to exhibit or show any circus or such show or exhibition, by the borough clerk, in his discretion, upon payment by the person applying for the license of a fee not to exceed $25.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to penalties as provided by section 3-11 of this revision.
[Ord. 364; Ord. 446]
The governing body of the Borough of Hopewell finds and declares that:
The provisions in this section are intended to prohibit the infringement of any businesses in any established residential areas by regulating the term and frequency of garage sales, so as not to disturb or disrupt the residential environment of the area.
The provisions of this section do not seek control of sales by individuals selling a few of their household or personal items.
The provisions and prohibitions hereafter contained are enacted not to prevent but to regulate garage sales for the safety and welfare of the citizens of the borough.
For the purposes of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.
GARAGE SALES - Shall mean and include all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage" sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.
PERSONAL PROPERTY - Shall mean property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
It shall be unlawful for any individual to sell or offer for sale, under authority granted by this section, property other than personal property.
No garage sale shall be conducted unless and until the individuals desiring such sale shall obtain a permit therefor from the borough clerk. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them.
Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the borough clerk, at least 10 days in advance of the proposed sale, (mailed applications must be postmarked at least 15 days in advance of the sale), setting forth the following information:
Full name and address of applicant.
The location at which the proposed garage sale is to be held.
The date, or dates upon which the sale shall be held.
The date, or dates of any other garage sales within the current calendar year.
A sworn statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired or consigned for the purposes of resale.
There shall be an administrative processing fee of $3 for the issuance of the first permit in any calendar year and of $5 for the issuance of a second permit in the same calendar year.
The permit shall set forth and restrict the time and location of such garage sale. No more than two such permits may be issued to one residence or family household during any calendar year. If members of more than one residence join in requesting a permit then such permit shall be considered as having been issued for each and all of such residences.
Such garage sale shall be limited in time to 9:00 a.m. to 6:00 p.m. prevailing time on two consecutive days.
Before issuing a permit, the borough clerk may conduct an investigation as may reasonably be necessary to determine if there is compliance with this section.
Personal property offered for sale may be displayed within the residence, in a garage, carport or in a yard. No personal property offered for sale at a garage sale shall be displayed in any public right-of-way. However, a vehicle offered for sale may be displayed on a permanently constructed driveway.
Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public.
Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale:
Two Signs Permitted. Two signs of not more than four square feet each shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
Directional Signs. Two signs of not more than two square feet each are permitted provided that the premises upon which the garage sale is conducted is not on a major throughfare, and written permission to erect said signs is received from the property owner upon whose property such signs are to be placed.
No signs shall be placed on utility poles or on any public property, including trees.
Time Limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.
Removal of Signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs.
The individual to whom a permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of said premises. All such individuals shall obey the reasonable orders of any member of the police or fire departments of the borough in order to maintain the public health, safety and welfare.
A police officer or any other official designated by any municipal ordinance to make inspections under the licensing or regulating ordinance or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest any individual who violates the provisions of this section.
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the police department may enforce such temporary controls to alleviate any special hazards or congestion created by any garage sale.
Any permit issued under this section may be revoked or any application for issuance of a permit may be refused by the borough clerk if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
The provisions of this section shall not apply to or affect the following:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the borough or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for the institution or organization's charitable purposes and the goods or articles are not sold on a consignment basis, and the sale occurs on the premises owned by the institution or organization.
Every article sold and every day a sale is conducted in violation of this section shall constitute a separate offense.
Any person conducting any such sale or similar activity without being properly licensed therefor or who shall violate any the other terms and regulations of this section, shall upon conviction, be fined not less than $100, nor more than $1,000 or be imprisoned in the county jail for a period not to exceed 90 days, for each violation.