The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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& 135-34 EAST BRUNSWICK CODE & 135-37 the zoning requirem ents of the East Brunswick Code. Such devices are perm itted uses only in the C-3, HC-1, HC-2, HC-3 and MXD Zones. The installation of "m echanical or electronic am usem ent devices" shall be considered to be an am usem ent facility subject to the rem aining provisions of the Code of the Township of East Brunswick. [Am ended 12-23-68 by Ord. No. 68-122; 6-25-79 by Ord. No. 79-145; 12-26-90 by Ord. No. 90-73]
am usem ent device is placed or kept for operation by the public. [Am ended 12-26-90 by Ord. NO. 90-73]
No person shall distribute or operate a m echanical or electronic am usem ent device within the Township of East Brunswick without having first obtained a license and paid the required license fee.
(a) No coin-operated am usem ent device shall be placed, m aintained, operated or used in any public place, quasi-public place, or in any building, store or other place wherein the public is expressly or im pliedly invited or m ay enter within the m unicipal lim its of the Township without the distributor or the owner-proprietor thereof having first obtained a valid distributor's license, and the proprietor or the owner-proprietor thereof having first obtained a valid proprietor's license for each such device. [Added 12-26-90 by Ord. No. 90-73] (b) No distributor shall place any such device with any unlicensed proprietor, nor shall any proprietor receive any such device from any unlicensed distributor. [Added 12-26-90 by Ord. No. 90- 73].
Applicants for distributor's or operator's licenses which are associations shall supply the inform ation required by & 135-2 for all m em bers of the association. Applicants which are corporations shall supply the inform ation required by & 135-2 for all officers and directors and for all stockholders of the corporation who own m ore than ten percent (10% ) of its issued and outstanding capital stock. Corporations shall also supply the nam e and address of their registered agent. Applicants for licenses under this Article shall not be required to supply the physical description and photographs required by & 135-2 but shall be required to supply a description of the m achine or device sought to be licensed.
A. Distributors shall be charged the following fee: 1. Am usem ent gam es, per calendar year, one hundred fifty dollars ($150.00), per distributor license. [Am ended 6-10-91 by Ord. No. 91-62; 11-8-93 by Ord. No.
93-65] 13518 12-93
& 135-37 LICENSES & 135-39 2. Juke boxes, per calendar year, one hundred fifty dollars ($150.00), per distributor license. 3. Autom atic kiddie rides, per calendar year, two hundred dollars ($200.00), per distributor license. B. Except as provided below in Paragraph C of this section, each proprietor shall pay the following prescribed respective fees for each and every device of the following respective types: 1. Am usem ent gam es, per calendar year, one hundred twenty-five dollars ($125.00) for the first device and twenty dollars ($20.00) for each additional device. [Am ended 11-8-93 by Ord. No. 93-65] 2. Jukeboxes, per device, per calendar year, fifty dollars ($50.00). 3. Autom atic kiddie rides, per device, per calendar year, fifty dollars ($50.00). C. Each owner-proprietor shall receive both a distributor's license for each type of device, and a proprietor's license for each and every device, upon paym ent of the following prescribed aggregate fees for each and every device of the following respective types: 1. Am usem ent gam es, per device, per calendar year, two hundred dollars ($200.00) for the first five m achines and thirty dollars ($30.00) for each additional m achine. [Am ended 9-26-91 by Ord. No. 91-94] 2. Juke boxes, per device, per calendar year, fifty dollars ($50.00). 3. Autom atic kiddie rides, per device, per calendar year, fifty dollars ($50.). [Added 6-10-91 by Ord. No. 91-62] D. Deleted 6-10-91 by Ord. No. 91-62. & 135-38. Licenses transferable if notice is furnished. A license m ay be transferred from one m achine to another by giving notice to the Township Clerk to that effect and giving a description of the new m achine. A license m ay be transferred from one place to another by giving notice to the Township Clerk to that effect and supplying the required inform ation as to the new prem ises.
No m echanical or electronic am usem ent device shall be located in any prem ises within five hundred (500) feet of a church or other religious institution or a public or private school. The distance shall be m easured from the nearest entrance of the church or school to the nearest entrance of the prem ises on which the m echanical or electronic am usem ent device is located or is sought to be located along the route that a pedestrian would norm ally walk. Mechanical or electronic am usem ent devices are perm itted in C-3, HC-1, HC-2, HC-3 and MXD Zones and are specifically prohibited in all other zones. 13519 12-91
& 135-40 EAST BRUNSWICK CODE & 135-41.A & 135-40. Regulations. [Amended 12-26-90 by Ord. No. 90-73; 6-24-91 by Ord. No. 91-73] The following regulations shall apply to all m echanical or electronic am usem ent devices: A. [Am ended 7-14-80 by Ord. No. 80-267; 11-14-83 by Ord. No. 83-542; 6-24-91 by Ord. No. 91-73]. T he prem ises shall be so arranged as to perm it a clear view of each m echanical or electronic am usem ent device at all tim es, subject to the following exceptions: 1. The m echanical or electronic am usem ent devices are clearly intended to be used by children under the age of 18 years. B. No operator shall knowingly perm it any person convicted of a crim e involving m oral turpitude to be associated with him in the ownership or m anagem ent of the business or to be in his em ploy or to loiter on the prem ises. C. No operator shall offer or perm it to be offered any prizes or awards, whether in cash or otherwise, as an inducem ent to use m echanical or electronic am usem ent devices except for trophies, plaques or item s of a sim ilar nature of nom inal value. D. No operator shall perm it any m inor under the age of sixteen (16) years unaccom panied by a parent or guardian to rem ain on the prem ises after 10:00 p.m . E. No operator shall perm it any activity which is illegal or im m oral or which creates an undue am ount of noise or a danger of a breach of the peace to occur on the prem ises. & 135-41. Use as gambling devices prohibited. Nothing in this Article shall be construed to authorize any gam bling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward, or any device that has been judicially determ ined to be a gam bling device under any law of the State of New Jersey. If the Director of Public Safety has reason to believe any m echanical or electronic am usem ent device is used as a gam bling device, he shall cause that m achine to be seized and im pounded. If after trial it is determ ined that the m achine was in fact being used as a gam bling device, it shall be destroyed, and the license of the operator or distributor shall be revoked. Revocation of license and seizure of m achine are in addition to any other penalty which m ay be im posed for a violation of this Article.
Each proprietor licensee shall receive from the Township Clerk a license card which shall contain the nam es of the distributor and the proprietor, the distributor license num ber thereof, the address where the device is placed, the year, the signature of the Township Clerk, and any other inform ation deem ed necessary and appropriate by the Township Clerk. Such license card shall be posted in a conspicuous place, near the device so licensed, in the establishm ent of the proprietor licensee. 13520
4-99 & 135-42 LICENSES & 135-45 ARTICLE VI Pool and Billiard Parlors [Adopted 12-10-63] & 135-42. License required. No person shall operate a pool or billiard parlor in the Township of East Brunswick without having first obtained a license and paid the required fee. & 135-43. Fee. [Amended 1-24-77 by Ord. No. 77-1-VV] The license fee for pool and billiard parlors shall be thirty-five dollars ($35.) for the first table and fifteen dollars ($15.) for each additional table. The application for license shall state the num ber of tables which will be used. & 135-44. Exceptions to licensing requirements. A. This Article shall not apply to a pool or billiard table in a private residence used solely by the occupants of the house and their guests. B. This Article shall not apply to a bona fide social club, golf club, field club, religious, charitable, benevolent, fraternal or other nonprofit organization having a m em bership in excess of twenty-five (25) which has pool or billiard tables solely for the recreation and am usem ent of its m em bers, provided that the organization files with the Township Clerk on a form provided by him a claim for exem ption and a statem ent of the facts upon which the claim is based. & 135-45. Regulations. [Amended 4-13-70 by Ord. No. 70-122-B; 4-13-92 by Ord. No. 92-9] The following regulations shall apply to all licensed pool and billiard parlors: A. Hours of operation. The hours of operation of pool and billiard parlors shall be between 12:00 noon and 12:00 m idnight seven (7) days a week. [Am ended 4-13-92 by Ord. No. 92- 9] B. Card playing. No card playing shall be perm itted on prem ises licensed under this Article even if card playing is for social purposes. C. Outside view of prem ises. All prem ises where pool and billiards are played shall be so arranged and so lighted that a full view of the interior m ay be had from an adjacent public thoroughfare or from adjacent room s to which the public is adm itted at all hours. 13521
92 & 135-46 EAST BRUNSWICK CODE & 135-46 ARTICLE VII Wreckers [Adopted 4-14-64] [Amended 10-27-97 by Ord. No. 97-21] 2 E d ito r's N o te : T h is o rd in a n c e re p la c e d th e e x is tin g o rd in a n c e in its e n tire ty . 2
& 135-46. Definitions. As used in this Article, the following term s shall have the m eanings indicated: W RECKER - A vehicle used to tow or rem ove other vehicles usually so dam aged or disabled that they cannot proceed under their own power. It also refers to the operator of a wrecker as defined herein.
registered gross vehicle weights in excess of 10,000 pounds. OPERATOR - Anyone who engages in the business of operating a wrecker or heavy wrecker. It is not necessary that the vehicle used is owned by the operator. A person who leases, borrows or otherwise obtains a wrecker or heavy wrecker shall be considered an "operator." However, the term does not include a person hired by another to drive a wrecker or heavy wrecker.
the Township of East Brunswick. Also required of all out-of-town wrecker operators who wish to be called by the police departm ent for "custom er requests." The Basic W recker License also entitles an operator who qualifies for fatal accident wrecker response, as determ ined pursuant to the Middlesex County Prosecutor's guidelines, to be called by the police departm ent for fatal and potentially fatal accidents. POLICE TOW LIST W RECKER LICENSE - Entitles a wrecker operator to be placed on the rotational Police Tow List. BUSINESS LOCATION - A base of operation that is staffed during norm al business hours every weekday and Saturdays, excluding holidays. The business m ust be clearly m arked with signs identifying the nam e of the business and the hours of operation. The Business Location m ust include a fenced-in lot for the storage of towed vehicles, and m ust m eet the location requirem ents set forth in & 135-50.A and & 135-50.B, as applicable. In lieu of a fence, a well-lit storage lot which can be observed by passing patrol cars is acceptable. However, if the Traffic Division Com m ander determ ines at any tim e that the security of the lot is inadequate, he m ay require the installation of a security fence and/or additional lighting in order for the operator to m aintain a Police T ow List W recker License. CRUISING - Driving a wrecker along a public highway at a slow speed or in som e other fashion obviously intended to solicit business. 13522 5-98
& 135-47 LICENSES & 135-48 & 135-47. License required. Every wrecker operator and heavy wrecker operator who is based in the Township of East Brunswick m ust be licensed by the township. In addition, every wrecker operator and heavy wrecker operator who applies for a Police Tow List W recker License, or wishes to be called by the police departm ent for "custom er requests" and/or fatal accident response, m ust be licensed by the township and m eet the requirem ents of this wrecker ordinance. & 135-48. Investigation; required equipment; issuance of license. A. W recker license applications m ust be obtained from the Township Clerk. Com pleted applications, along with a sketch of the property indicating where towed vehicles will be stored, m ust be returned to the Township Clerk with the appropriate fee. A list of all drivers who will operate licensed wreckers m ust be included with the wrecker license application. The address, driver's license num ber, date of birth and social security num ber of the applicant and all wrecker drivers m ust be included. B. The township's Zoning & Code Enforcem ent Officer shall ensure that every East Brunswick-based wrecker Business Location is in a zone approved for wrecker operations. C. In accordance with & 135-4, wrecker license investigations shall be conducted by the Departm ent of Public Safety. A T raffic Division officer shall conduct the actual investigation. The investigation shall include a crim inal history check and a m otor vehicle record check of all wrecker license applicants and their drivers. Each wrecker m ust be personally inspected by a Traffic Division officer to ensure com pliance with the following requirem ents: 1. A valid DMV registration and, if required, a valid inspection. 2. A valid DMV am ber light perm it. 3. Insurance: $75,000 (Property Dam age) & $500,000 (Personal Injury). 4. Em ergency lights: Visible at 1/4 m ile and can be seen over the towed vehicle. 5. One fire extinguisher (Five pound carbon dioxide or dry powder). 6. One broom and a debris container. 7. One steering lock bar. 8. The business nam e and location on the wrecker (39:4-46). 9. A m inim um of five gallons of absorbent granules for cleaning up fluid spills. 10. A reflectorized safety vest. 11. Portable lighting equipm ent (Heavy wreckers only). 12. The wrecker and its equipm ent m ust be in good condition. D. The results of each investigation and inspection shall be reported to the Township Council which shall approve or reject the application within 30 days after receiving the written report of the investigation and inspection. In addition to the reasons set forth in & 135-4, wrecker license applications m ay be denied for any of the following reasons:
1. Incom plete, inaccurate or falsified application. 2. Unsafe or inadequate towing vehicles and/or equipm ent. 3. Non-com pliance with the township's wrecker ordinance. 13523 5-98
& 135-48 EAST BRUNSWICK CODE & 135-51 4. The Business Location is not in a zone where the use is perm itted (East Brunswick locations only). 5. The owner pleaded guilty or was convicted of a zoning or property m aintenance violation in East Brunswick during the 12 m onths preceding the application date. 6. Crim inal or m otor vehicle convictions of the owner or his em ployees which, in the reasonable belief of the Traffic Division Com m ander, would jeopardize the safety of custom ers. 7. Inadequate or insecure storage facility. W recker licenses shall be issued by the Township Clerk upon the approval of the application by the Township Council. All licenses shall expire on Decem ber 31st of each year.
& 135-49. Fee. The annual fee for a license to operate a wrecker shall be determ ined by the following schedule: Basic W recker License - Regular W recker $50.00 Basic W recker License - Heavy W recker $50.00 Police Tow List W recker License - Regular W recker $100.00 Police Tow List W recker License - Heavy W recker $100.00 The Basic W recker License fees and the Police Tow List W recker License fees are "per vehicle." All fees are non-refundable.
A. Regular W reckers: In order to be eligible to apply for a Police Tow List W recker License for a regular wrecker, an operator's Business Location, including the storage yard, m ust be within 3½ m iles of the East Brunswick Municipal Building. All operators m ust also m eet the response tim e requirem ents listed under & 135-51.B. B. Heavy W reckers: In order to be eligible to apply for a Police Tow List W recker License for a heavy wrecker, an operator's Business Location, including the storage yard, shall be located in East Brunswick Township, or im m ediately adjacent thereto, in order to ensure response tim e, as required by & 135-51.B.
A. Assignm ent of Services: Towing services are assigned to Police Tow List wrecker operators on a rotational basis. However, when a need arises for an expeditious tow, the nearest licensed wrecker operator m ay be called. If the operator is on the rotational tow list, the call shall count as the operator's next turn. Subsequent wrecker requests shall be assigned to the operators who were skipped. W hen a m otorist requests a specific wrecker operator ("custom er request"), and the operator is licensed to tow in the township, the requested operator shall be called. If the requested wrecker operator is on the rotational tow list, the call shall count as the operator's next turn. Police tow logs shall be available for inspection by any licensed operator during regular business hours. 13524 5-98
& 135-51 LICENSES & 135-51 B. Response Tim e: From the tim e of dispatch by police headquarters, wreckers shall arrive on the scene within the following tim e lim its: Regular W recker: 8:00 A.M . to 6:00 P.M . - 15 m inutes 6:01 P.M . to 7:59 A.M . - 20 m inutes Heavy W recker: 8:00 A.M . to 6:00 P.M . - 20 m inutes 6:01 P.M . to 7:59 A.M . - 30 m inutes W hen a Police Tow List wrecker operator's response tim e exceeds the tim e lim its, the wrecker shall be canceled and the operator shall lose his turn on the rotational tow list. The next operator on the Police Tow List shall then be dispatched. Prevailing weather and road conditions should be considered prior to canceling a wrecker for excessive response tim e. In addition to losing their turn on the rotational tow list, Police Tow List wrecker operators who exceed the response tim e lim its shall be subject to the penalties set forth in & 135-56.B for each violation. W hen a Basic W recker License operator exceeds the response tim e lim its, the wrecker shall be canceled and the next wrecker on the Police Tow List shall be dispatched. Basic W recker License operators shall be subject to license revocation in accordance with & 135-8 if they exceed the response tim e lim its m ore than five (5) tim es in any calendar year. All Police Tow List wrecker operators m ust provide 24-hour, 7-day service. In addition, they m ust respond to a m inim um of 80% of their calls each m onth. The Traffic Division will m onitor com pliance by conducting a m onthly review of the police departm ent's tow records. C. Routine Police Tows: Vehicles towed due to breakdown, accident, crim inal arrest, etc., shall be taken im m ediately to the operator's Business Location unless the vehicle driver or the police request otherwise. Vehicles shall be locked and parked in the secure area of the operator's Business Location. If any of the vehicle's windows are broken, a tarp or other non- porous m aterial shall be applied to protect the vehicle's interior from the elem ents. D. Police Holds: If a police officer requests a "police hold" on a vehicle, a "police hold" card shall be com pleted by the officer and given to the wrecker driver at the tim e of the tow. The "police hold" card shall be attached to the vehicle's rear view m irror to prevent its unauthorized release. The only reason for a "police hold" shall be for further police investigation. All "police hold" vehicles should be towed directly to the police im pound as a "contract tow." However, if a vehicle m ust first be towed to police headquarters for processing and/or evidence rem oval, the contract tow operator shall com ply. He shall then be entitled to two tow fees, one to police headquarters and one to the police im pound. E. Conditional Release: A "conditional release" card shall be used to indicate that a vehicle m ay be released provided certain conditions are m et. For exam ple, a vehicle that was towed because the driver was revoked or unlicensed m ay be released to a licensed driver. A vehicle that was towed because it was uninsured or unregistered m ay be released if proof of insurance or registration is presented. Storage charges shall begin to accrue after a 24- hour grace period on a "conditional release." "Conditional release" vehicles shall not be released from the wrecker facility until the owner/driver produces a release authorization card obtained from police headquarters. F. Motorcycles, go-carts, m ini-bikes, ATV's, etc.: All m otorcycles, go-carts, m ini-bikes, ATV's, etc., shall be towed by a flatbed wrecker. If a "police hold" has been placed on the vehicle, it shall be transported to the police im pound as soon as possible and no storage charges are to be assessed. If a "police hold" is not placed on the vehicle, the operator 13525
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