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.
[Ord. 193]
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.
a.
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.
b.
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:
a.
To officers or employees of the borough, county, state or federal
government or any subdivision thereof when on official business.
b.
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.
c.
To salesmen selling at wholesale to local business establishments.
d.
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.
e.
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:
a.
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.
b.
PERSON - Shall mean and include any individual, copartnership, association,
corporation, joint stock company, or their lessees, trustees or receivers.
c.
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.
a.
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.
b.
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:
a.
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.
b.
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.
c.
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.
d.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
Trip Rates. Trip rates by special agreement, for each quarter hour,
or fraction thereof, $1.25.
f.
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.
g.
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.
[Ord. 45]
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.
[New]
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:
a.
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.
b.
The provisions of this section do not seek control of sales by individuals
selling a few of their household or personal items.
c.
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.
a.
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.
b.
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:
a.
Full name and address of applicant.
b.
The location at which the proposed garage sale is to be held.
c.
The date, or dates upon which the sale shall be held.
d.
The date, or dates of any other garage sales within the current calendar
year.
e.
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.
a.
Signs Permitted. Only the following specified signs may be displayed
in relation to a pending garage sale:
1.
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.
2.
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.
3.
No signs shall be placed on utility poles or on any public property,
including trees.
b.
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.
c.
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:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any 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.
d.
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.
