The Township of East Brunswick was established in 1860. Since January 1, 1965, the
& 134-5. Violations and Penalties
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& 134-5. Violations and Penalties. 1. Any person who violates or refuses to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a minimum fine of one hundred ($100.00) dollars or twice the cost of the unreturned and/or damaged material(s) and/or property and/or unpaid fines and/or fees, whichever is greater, in accordance with N.J.S.A. 2C:43-3. 2. For the second and each succeeding offense in which a violation occurs or continues upon conviction thereof, the individual will be subject to a minimum fine of two hundred ($200.00) dollars or twice the cost of the unreturned and/or damaged material(s) and/or property and/or unpaid fines and/or fees, whichever is greater, in accordance with N.J.S.A. 2C:43-3.
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LICENSES Chapter 135 LICENSES ARTICLE I General Provisions & 135-1. Purpose. & 135-2. Information required to be on application forms. & 135-3. Issuance of license. & 135-4. Investigation of applicants. & 135-5. Licenses to be issued by Clerk and bear Township Seal. & 135-6. Display of license. & 135-7. Licenses not transferable. & 135-8. Revocation of licenses; reasons. & 135-9. Reissuance of revoked license. & 135-10. Certain licenses not subject to Article. ARTICLE II Circuses, Carnivals and Similar Exhibitions & 135-11. Permit required. & 135-12. Submission of application. & 135-13. Required notices; fee. & 135-14. Security. & 135-15. Restrictions on location. & 135-16. Violations and penalties. 13501
6-89 EAST BRUNSWICK CODE ARTICLE III Peddlers, Solicitors and Itinerant Vendors & 135-17. Definitions. & 135-18. Persons not subject to Article. & 135-19. Exemptions and exceptions. & 135-20. License required. & 135-21. Fee. & 135-22. Hours of sale. & 135-23. Conduct. & 135-24. Use of vehicles. & 135-25. Restrictions on location. & 135-26. Regulation of nonprofit organizations. & 135-26.1. Exclusive Rights in Streets. & 135-26.2. Exhibition of License. & 135-26.3. Revocation. & 135-26.4. Violation and Penalties. [Added 2-8-99 by Ord. No. 99-7] ARTICLE IV Junkyards & 135-27. Definitions. & 135-28. License required; fee. & 135-29. Information required on application form. & 135-30. Investigation. & 135-31. Required screening. & 135-32. Health and safety precautions. & 135-33. Inspection. 13502
7-99 LICENSES ARTICLE V Mechanical Amusement Devices & 135-34. Definitions. & 135-35. License required. & 135-36. License applications. & 135-37. Fees. & 135-38. Licenses transferable if notice is furnished. & 135-39. Restrictions on location. & 135-40. Regulations. & 135-41. Use as gambling devices prohibited. & 135-41.A. License tags and Cards; contents; display. ARTICLE VI Pool and Billiard Parlors & 135-42. License required. & 135-43. Fee. & 135-44. Exceptions to licensing requirements. & 135-45. Regulations. ARTICLE VII Wreckers & 135-46. Definitions. & 135-47. License required. & 135-48. Investigation; required equipment; issuance of license. & 135-49. Fee. & 135-50. Police Tow List Eligibility. & 135-51. Operational requirements. 13503
5-98 EAST BRUNSWICK CODE & 135-52. Towing rates and other charges. & 135-53. Applications for adjustment of charges; hearing. & 135-54. Information required to be on application. & 135-55. Regulations. & 135-56. Penalties. & 135-56.1. Enforcement. ARTICLE VIII Regulation of the Selling or Purchases of Gold, Silver, or Any Other Precious Metals & 135-57. Definitions as used in this Article. & 135-58. License Required, Application Fee, Expiration Date. & 135-59. Application Process, Approval, Appeal. & 135-60. Records. & 135-61. Restrictions. & 135-62. Penalty. ARTICLE IX Health Spas and Related Uses & 135-63. Definitions. & 135-64. Application for Licenses for Health Spas or Related Uses. & 135-65. Issuance or Denial of Health Spa License. & 135-66. Facilities Necessary. & 135-67. Identification Card. & 135-68. Transfer of Licenses. & 135-69. Appeals to the Township Council. & 135-70. Non-applicability of this Article. 13504
5-98 LICENSES ARTICLE X Bingo Licenses & 135-71. Restriction on Hours of Operation of Bingo Games Licensed by the Township of East Brunswick. ARTICLE XI & 135-72. Amusement licenses for the Middlesex County Fair to non- profit organizations and associations. [REPEALED AND RESCINDED 7-8-91 BY ORD. NO. 91-74] ARTICLE XII CHRISTMAS TREES & 135-73. License required. & 135-74. Fee. & 135-75. Location of Sale. & 135-76. Use of the Premises. & 135-77. Security. & 135-78. Violations and Penalties. [HISTORY: Adopted by the Township Council of the Township of East Brunswick: Art.I,2-5-68 as Ord. No. 68-101 and as Sec. 6-1 of the Revised General Ordinances; Art.II, 8-19-31 and as Sec. 6-7 of the Revised General Ordinances; Art.III, 6-11-46 and as Sec. 6-2 of the Revised General Ordinances; Art.IV, 9-24-63 and as Sec. 6-6 of the Revised General Ordinances; Art.V, 12-10-63 and as Sec. 6-3 of the Revised General Ordinances; Art. VI, 12-10-63 and as Sec. 6-4 of the Revised General Ordinances; Art. VII, 4-14-64 and as Sec. 6-5 of the Revised General Ordinances. Amendments noted where applicable.] GENERAL REFERENCES Adm inistration of governm ent-See Ch. 3. Alcoholic beverages-See Ch. 45. Food and beverage vending m achines-See Ch. 107. Food-handling establishm ents-See Ch. 109. Handbills-See Ch. 118. Health Departm ent licenses-See Ch. 121. Littering-See Ch. 137. 13505 12-91
& 135-1 EAST BRUNSWICK CODE & 135-2 Noise-See Ch. 147. Public health nuisances-See Ch. 150. Parks- See Ch. 158. Peace and good order-See Ch. 161. Streets and sidewalks-See Ch. 189. Abandoned vehicles-See Ch. 206. Vehicles and traffic-See Ch. 209. Zoning-See Ch. 228.
The purpose of this Article is to provide a uniform set of procedures for adm inistering the issuance, renewal and revocation of all licenses issued under this chapter.
All applications for licenses, except those issued by the Division of Health, shall be m ade to the Township Clerk upon form s provided by him and shall contain the following inform ation: A.
Nam e and perm anent and local address of the applicant. B.
A com plete physical description, together with three (3) recent photographs of the applicant, which shall be approxim ately two by two (2 x 2) inches, showing the head and shoulders of the applicant in a clear and distinguishable m anner. C.
If the licensed activity is to be carried on at a fixed location, the address and a full description of the prem ises. D. If a vehicle is to be used, its description, including the license num ber. E. If the applicant is em ployed by another, the nam e and address of the em ployer, together with credentials establishing the exact relationship and authority to work in East Brunswick. F.
The days of the week and the hours of the day during which the licensed activity will be conducted. G. A description of the nature of the business and the goods, property or services to be sold. H. A statem ent as to whether the applicant has ever been convicted of any crim e or the violation of any m unicipal ordinance other than traffic offenses. I.
Agent responsible for licensed activity. J.
W ith regard to each person to be conducting business of licensee: 1. Hom e address 2. Place of birth 13506
6-91 & 135-2 LICENSES & 135-6 3. Date of birth 4. Social Security Num ber 5. Sex 6. Age 7. Height 8. W eight 9. Hair color 10. Eye color 11. Tattoos, scars, am putations or other distinguishing features K. A Statem ent as to whether any licensee or person working for licensee on licensed business has ever been arrested or convicted of a crim e or disorderly persons offense with explanation in detail.
L. List of m unicipalities where licensee has previously operated. & 135-3. Issuance of license. [Amended 12-8-69 by Ord. No. 69-122-A] The Township Clerk shall issue all licenses upon the com pletion of all the requirem ents for the appropriate license and the paym ent of all required fees. In the case of licenses issued to hawkers, peddlers and solicitors, the Clerk shall issue the license upon the filing of the application, paym ent of all required fees and com pletion of investigation.
Each application shall be referred to the Director of Public Safety or a police officer designated by him . He/she shall im m ediately institute whatever investigation of the applicant's business, m oral character and ability to properly conduct the licensed activity he/she considers necessary for the protection of the public. If the Director of Public Safety determ ines that the applicant's character, ability or business responsibility is unsatisfactory or the products, services or activities are not free from fraud, he/she shall im m ediately notify the Township Clerk who shall notify the applicant that his application has been rejected, or, where the license has already been issued, the Clerk shall sum m arily revoke the license. In all such cases the applicant or licensee m ay file an appeal to the Township Council which shall, within five (5) business days following the filing of an appeal, conduct a hearing to determ ine whether the license should be issued or reinstated.
All licenses shall be issued by the Township Clerk and shall bear the seal of the township attested to by him /her.
W hen the licensed activity is conducted at a particular prem ises or from a vehicle, the license shall be prom inently displayed on the prem ises or vehicle. In all other cases the licensee shall have the license in his possession at all tim es and shall display it upon request of any police officer or any person with whom he is doing business. 13507
10-93 & 135-7 EAST BRUNSWICK CODE & 135-10 & 135-7. Licenses not transferable. Every license shall apply only to the person, firm or corporation to whom it was issued and shall not be transferable.
A. In addition to the provisions of & 135-4, any license or perm it issued by the Township of East Brunswick m ay be revoked by the Township Council after notice and hearing for any of the following causes: (1) Fraud or m isrepresentation in any application for a perm it or license. (2) Fraud, m isrepresentation or other dishonesty in the conduct of the licensed activity. (3)
A violation of any provision of this Code. (4)
Conviction of the licensee for any felony or high m isdem eanor or a m isdem eanor or disorderly person's offense involving m oral turpitude. (5) Conduct of the licensed activity, whether by the licensee him self or his agents or em ployees, in an unlawful m anner or in such a m anner as to constitute a breach of the peace or a m enace to the public health, safety or general welfare. B. Except as provided in & 135-4 or in the case of an em ergency, no license shall be revoked without notice and hearing. The hearing authority in all cases shall be the T ownship Council which shall revoke or suspend the license if it is satisfied by a fair preponderance of the evidence that the licensee is guilty of the acts charged.
The Township Council m ay issue another license to a person whose license has been revoked as provided in this Article, if, after hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation will not occur again; otherwise, no person whose license has been revoked nor any person acting for him , directly or indirectly, shall be issued another license to carry on the sam e activity. & 135-10. Certain licenses not subject to Article. Notwithstanding anything to the contrary herein contained, this Article shall not apply to the issuance, suspension or revocation of alcoholic beverage licenses which are regulated by a separate chapter and appropriate state statutes. 13508 6-91
& 135-11 LICENSES & 135-14 ARTICLE II Circuses. Carnivals and Similar Exhibitions [Adopted 8-19-31; amended 7-22-74 by Ord. No. 74-122-D; 8-24-81 by Ord. No. 81-381; 7-9-90 by Ord. No.90-35; 3-8-10 by Ord. No. 10-05] & 135-11. Permit required. It shall be unlawful for any person to produce or exhibit any circus or carnival or sim ilar public exhibition in the Township of East Brunswick without having first obtained a perm it therefor from the Clerk of the township, who shall only issue a perm it after the sam e has been approved by the Township Council.
Application shall be subm itted to the East Brunswick Township Clerk sixty (60) days prior of the com m encem ent of the event, setting forth the proposed num ber of days and hours of operation, in conform ance with the East Brunswick Noise Ordinance; the nature of the exhibit; the type and nature 1 of food concessions; the proposed m ethod of cleanup; the proposed layout of the exhibits on a sketch or plot plan; the proposed m ethods of screening the area from adjacent properties; the location, intensity and direction of all outdoor lighting; the anticipated noise levels; and a general statem ent as to the purpose for which the event is to be held. Accom panying the application shall be a certificate of liability insurance for the protection of the general public. The Township Clerk shall subm it the application to the Director of Public Safety who shall determ ine the num ber of police required to regulate traffic and security control, ingress and egress and fire protection standards. [Am ended 8-24-81 by Ord. No. 81-381]
The applicant shall publish notice in the newspaper circulating within the m unicipality at least ten (10) days in advance of the date on which the Township Council is scheduled to hear the m atter and shall pay to the Town Clerk a fee of twenty-five dollars ($25.). This paragraph shall not apply to an applicant who has obtained approval from the Planning Board or the Board of Adjustm ent of the Township of East Brunswick to conduct public exhibitions on property owned by the applicant. & 135-14. Security. [Amended 3-8-10 by Ord. No. 10-05] The applicant shall file security in the am ount of three hundred dollars ($300.) at the sam e tim e that the application is filed, which security shall be returned by the Township Clerk if the prem ises are restored to their prior condition, as determ ined by the Departm ent of Health; but if the prem ises are not so restored within three (3) days of the conclusion of the event, excluding inclem ent weather not conducive to outdoor cleanup, the Township of East Brunswick m ay use as m uch of the security as is necessary to restore the prem ises. This paragraph shall not apply to an applicant who is the owner of the property upon which the exhibition is to be conducted. 13509 -10
& 135-15 EAST BRUNSWICK CODE & 135-17 Editor's Note: See Ch. 147, Noise. 1
& 135-15. Restrictions on location. No circus or carnival or sim ilar public exhibit shall be perm itted in a residential area, other than in connection with a school function located on school grounds.
Any person violating the provisions of this article shall pay a fine not to exceed $1,000.00, in accordance with State Statute, in addition to the fee referred to in Section 135-13 and the security referred to in Section 135-14. Each day of a continuing violation shall be deem ed a separate violation.
As used in this Article, the following term s shall have the m eanings indicated: ITINERANT VENDOR - A person in the business of selling m erchandise or services who conducts his business from a fixed location, but who does not intend to continue in business within the township perm anently. A proprietor of a business which is seasonal in nature who suspends business during the off season shall not for that reason alone be considered an "itinerant vendor." [Am ended 6-12-89 by Ord. No. 89-33]
for philanthropic, charitable, religious, patriotic or other public-service purposes and not for private gain. Exam ples of "nonprofit organizations" include veterans groups and organizations which assist the poor, the aged, the sick, the physically handicapped or m entally retarded; or which aid victim s of fire, flood or sim ilar catastrophes. This enum eration is intended to be typical and shall not be construed as exclusive. Download 8.87 Mb. Do'stlaringiz bilan baham: 
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