CHAPTER IV

GENERAL LICENSING

4-1 HAWKERS, PEDDLERS AND ITINERANT VENDORS.

4-1.1 License Required. It shall be unlawful for any person or persons to engage in, carry on or conduct the business of hawker, huckster, peddler or itinerant vendor within the limits of the borough without having first obtained a license from the borough clerk so to do, and having paid the license fees therefor as hereinafter fixed; provided that this chapter shall not apply to hucksters, or peddlers selling the produce from their farms.

4-1.2 Clerk Authorized to Issue License. The borough clerk is hereby authorized to issue any such license upon payment by the applicant of the proper fee therefor, as hereinafter provided.

4-1.3 Validity. Every such license shall remain in force and be valid only for the time therein expressed and all licenses issued within any calendar year shall expire by limitation on December 31 of the year in which issued, and shall apply only to the person to whom granted and shall not be transferable.

4-1.4 Exhibition of License Required. Any person to whom such license is granted as herein provided shall be required to exhibit the license whenever called upon to do so.

4-1.5 Fees. The license fees are hereby fixed at one hundred ($100.00) dollars per annum, provided that no rebate from the amount of such fee shall be allowed for a portion of the year. (Ord. No. 2005-04 § 1)

Each licensee shall furnish a certificate of liability insurance to the municipal clerk as a condition precedent to obtaining said license providing for liability coverage in the minimum amount of one hundred thousand ($100,000.00) dollars each person, three hundred thousand ($300,000.00) dollars each accident and property damage insurance in the amount of fifty thousand ($50,000.00) dollars.

4-1.6 Disposition of Fees. The license fees herein mentioned and imposed are for the purpose of revenue, and all monies received for license fees or fines under this section shall be paid forthwith to the borough treasurer for the use of the borough.

4-1.7 Prohibition. Notwithstanding any other provisions of this section, it shall be unlawful for any person to peddle, sell or otherwise market cooked foods, or food requiring any handling or preparation of any kind, and which are for immediate consumption by the public, such as but not limited to hamburgers and hot dogs. It shall be unlawful for any person to peddle, sell or otherwise market non-individually wrapped, sealed, or otherwise packaged food items of any type.

4-2 LICENSING OF BEACH VEHICLES.

4-2.1 Rules and Regulations. The following rules and regulations shall be observed with respect to the licensing and operation of motor vehicles on the strand or ocean beach of this borough.

4-2.2 Registration Required. Every person desiring to operate a motor vehicle on the strand or ocean beach of this borough must first register the same with the chief of police.

The person registering any such vehicle shall be issued a special plate or other identifying insignia serially numbered for identification purposes and to be displayed in a conspicuous place on the vehicle while being operated on the strand or beach. Such registration shall be issued only to vehicles with four-wheel drive known as “beach buggy” or “jeep.”

The applicant shall pay a registration fee of fifty ($50.00) dollars. (Ord. No. 2004-17 § 1)

4-2.3 Fishing Tournaments. Every person desiring to operate a motor vehicle on the strand of ocean beach of this borough for the purpose of competing in the annual Long Beach Island Fishing Club Tournament shall pay a registration fee of five ($5.00) dollars per vehicle to be valid only during the tournament.

4-2.4 Reserved.

4-2.5 Time Prohibited. No vehicle shall be operated on the strand or beach front during the months of June, July and August.

4-2.6 Speed Limit. No vehicle shall be operated on the strand or beach front at a speed in excess of fifteen miles per hour.

4-2.7 Driving on Sand. No vehicle shall be operated on the sand dunes and all vehicles shall obtain access to the beach front from the public streets only at places specifically designated by the police department.

All such vehicles shall be required to maintain a reasonable distance from congested bathing beaches or other areas where bathers, surf fisherman or others using the beach are present.

4-2.8 Littering Prohibited. No rubbish, debris or litter of any sort shall be discarded from any vehicle while being operated on the beach front.

4-2.9 Driving at Night. No vehicle shall be operated on the beach front at night without adequate lights.

4-2.10 Safety. Every vehicle being operated on the beach shall be operated in a safe, reasonable and careful manner at all times so as not to endanger the lives and safety of other persons using the beach front.

4-3 BEACH FEES.

4-3.1 Resort Facilities Established. Places of resort are hereby established in the borough for the public health, recreation and entertainment, including beaches, bathing and recreational facilities, safeguards and equipment. Such places of resort shall be located at the ocean front at areas to be designated by the board of commissioners by resolution or by order as safety and attending circumstances require.

4-3.2 Fees for Use of Beaches. In order to provide the necessary funds to improve, maintain and police the places of resort in this borough, including the employment of lifeguards and the purchase of necessary equipment for the protection of bathers, the following fees shall be charged for the registration of persons using the facilities.

No fee shall be charged for any child under the age of 12 years. Any senior citizen over the age of 65 years shall be charged a seasonal rate of nine ($9.00) dollars. Any senior citizen shall furnish proof of age by means of a birth certificate, driver’s license, passport, or any other officially valid document containing the date of birth.

No fees shall be charged to or collected from any individual while attired in street clothing upon the beach.

Twenty-three ($23.00) dollars per person per season provided that application is made to the proper authorities on or before June 15 of the bathing season. (Ord. No. 2007-04 § 1)

Thirty-five ($35.00) dollars per person per season in the event that application is made to the proper authority subsequent to June 15 of the bathing season.

(Ord. No. 2007-04 § 1)

Twenty ($20.00) dollars per person per week for any week or fractional part thereof of the bathing season. (Ord. No. 2007-04 § 1)

Six ($6.00) dollars per person per day, or any fractional part thereof, for the bathing season. (Ord. No. 2007-04 § 1)

4-3.3 Badge Required. No person of the age of 12 years or over shall bathe at or otherwise use the lands, facilities or privileges of any of the municipal bathing beaches without having first acquired and then having conspicuously displayed upon his or her person a proper and effective badge, license or permit to use the beaches.

4-4 JUNK DEALERS.

4-4.1 License Required. No person shall be permitted to store, buy, sell, handle, deal in or engage in the business of handing junk, rags, paper, metals and other like used, second-hand or waste materials within the limits of the borough without having first obtained a license permitting the carrying on of such business.

4-4.2 Application for License. Application for the license shall be made in writing to the board of commissioners of the borough, signed by the person making such application and shall state the name under which the business is to be conducted, the place of business, the kind of materials to be handled and such other information as may be necessary under regulations affecting the business.

The license shall be issued by the department of public safety only after the approval of the board of commissioners of the borough of the application therefor.

4-4.3 Fee for License. The fee for the license shall be two hundred fifty ($250.00) dollars and such license so issued shall expire on December 31 of the year issued and shall not be transferable.

4-4.4 Failure to Comply. Any license so issued shall be subject to revocation upon failure of the holder thereof to abide by regulations affecting the business as may be prescribed by the department of public safety.

4-4.5 Authority. The department of public safety is hereby empowered to make and prescribe such rules and regulations concerning the business hereinbefore described as are deemed necessary, subject to the approval of the board of commissioners of the borough.

4-5 GARAGE SALES, LAWN SALES, ATTIC SALES, RUMMAGE SALES, FLEA MARKET SALES OR OTHER CASUAL SALES.

4-5.1 Definitions. Words and phrases defined. The following words and phrases as used in this section shall have the following meanings and definitions:

“Garage sales” shall mean and include all sales entitled “garage sale”, “lawn sale”, “attic sale”, “rummage sale”, or “flea market sale”, or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of such sale.

“Goods” is meant to include any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.

“Person” shall mean and include individuals, partnerships, voluntary associations, and corporations.

4-5.2 License Required; Fee; Maximum Number; Display.

It shall be unlawful for any person to conduct a garage sale in the Borough of Harvey Cedars without first filing with the borough clerk the information hereinafter specified and obtaining from such clerk a license so to do, to be known as a “garage sale license”. The fee for such license shall be and the same is hereby fixed at five ($5.00) dollars. Such filing shall be made at least one week prior to the requested sale date.

Such license shall be issued to any one person only once within a 12-month period and no such license shall be issued for more than two consecutive calendar days. Charitable and religious and civic organizations may be allowed more than one license with the approval of the borough board of commissioners.

Each license issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.

4-5.3 Information to be Filed with Clerk. The information to be filed with the borough clerk pursuant to this section shall be as follows:

Name of person, firm, group, corporation, association or organization conducting the sale;

Name of owner of the property on which sale is to be conducted and consent of owner if applicant is other than owner;

Location at which sale is to be conducted;

Number of days of sale;

Date, nature of any past sale;

Relationship or connection applicant may have with any other person, firm, group, organization, association or corporation conducting such sale and the date or dates of such sale;

Whether or not applicant has been issued any other vendor’s license by any local, State or Federal agency;

Sworn statement or affirmation by the person signing that the information therein given is full and true and known by him to be so.

4-5.4 Hours of Sale. All garage sales must be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.

4-5.5 Sign Regulations. All persons are prohibited from making, causing to be made or erecting signs other than those signs provided by the Borough of Harvey Cedars. Such signs shall be made available by the Borough of Harvey Cedars and shall be a uniform size and form (12 inches x 12 inches).

The signs are to be posted only on the premises and cannot be placed on the premises earlier than one week prior to the sale.

Such signs shall have a space allotted thereon upon which shall be placed the name and address of the person running the sale and the signs shall be removed within 24 hours after the completion of the sale.

4-5.6 Exceptions. The provisions of this section shall not apply to or affect the following persons or sales:

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 person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.

Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this section have not been complied with;

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 of Harvey Cedars 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 by the revised ordinances.

4-5.7 Regulations for Bedding and Refrigerators.

It shall be unlawful for any person to offer for sale mattresses, bedsprings, cots, lounges and sofas in any garage sales authorized under this section without first complying with the appropriate section of N.J.S.A. 26:10-1 through 26:10-18 with respect to the labeling, sterilizing and disinfecting of the mattresses, bedsprings, cots, lounges and sofas.

No refrigerator or icebox having a capacity of one and one-half cubic feet or more, with an attached lid or door which may be opened and fastened shut by means of an attached latch, lock or other similar device, shall be displayed, offered for sale or sold at a garage sale unless the attached lid or door shall first be removed and detached therefrom.

4-5.8 Waive Requirements for Certain Organizations. Upon application by any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization, the mayor and board of commissioners may waive any or all of the requirements of this section; provided, however, that the burden of establishing eligibility for waiver shall be on the organization or institution applying for such waiver.

4-5.9 Enforcement: Maintain Good Order and Decorum. This section shall be enforced by the police department. It shall be the duty of members of the police department to investigate any violations of this section coming to their attention, whether by complaint or arising from their own personal knowledge, and if a violation is found to exist, they shall prosecute a complaint before the local municipal court pursuant to the provisions of this section. It shall be the duty of the police department of the Borough of Harvey Cedars to bring to the attention of the mayor and board of commissioners for further investigation and violations of this section of which the police department becomes aware during the course of its normal duties.

The person to whom such license 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 person shall permit any loud or boisterous conduct on such premises nor permit vehicles to impede the passage of such traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the police or fire departments of the Borough of Harvey Cedars in order to maintain the public health, safety and welfare.

4-5.10 Violation and Penalty. Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this section shall upon conviction be subject to a fine of not more than five hundred ($500.00) dollars or to imprisonment for not more than 30 days or to both such fine or imprisonment. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.

4-6 LICENSING OF VESSELS ON MUNICIPALLY OWNED BAYFRONT PROPERTIES.

4-6.1 Rules and Regulations. The following rules and regulations shall be observed with respect to the licensing of vessels beached on municipally owned bayfront properties.

4-6.2 Registration Required. Every person desiring to beach a vessel on any municipally owned bayfront property shall first apply for a permit from the borough clerk.

The person applying for such permit shall be issued a special identification insignia serially numbered for identification purposes, which shall be displayed on a conspicuous place on the vessel while said vessel is beached. Such permit shall be issued to non-motorized vessels only.

4-6.3 Permit Information. An individual applying for said permit shall provide the borough clerk with his or her address and telephone number, whether it be local or otherwise, and shall keep the borough clerk informed of any changes therein during the permit period.

4-6.4 Damage to Property. Any such vessel as previously described shall be properly secured at all times so as to prevent damage to municipal property and/or private property. Any damage caused by a beached vessel shall be the responsibility of the owner and permittee of said vessel.

Any person applying for said permit agrees to hold the borough harmless for any damages or injuries to himself or his vessel. The permitee also agrees to hold harmless and indemnify the borough for any injuries or damages to third parties.

4-6.5 Fees. The applicant shall pay an application fee of five hundred ($500.00) dollars on an annual basis. Said permit and fee shall be valid from May 15 through October 1.

4-6.6 Time Prohibited. No vessel shall be beached or stored on municipal property from October 2 through May 14.

4-6.7 Fines. Any person violating any subsection of this section shall be subject to a fine not exceeding five hundred ($500.00) dollars.

4-6.8 Removal of Vessels. The borough retains the right to direct the removal of any vessel so permitted from its lands upon 24 hours notice for a period of time not to exceed ten days.

4-7 ACTIVITY COMMITTEE FEES.

The following activity committee fees shall constitute the range of fees for the activities specified below:

Art Show spaces $ 65.00 to $100.00

Blue Claw spaces $ 35.00 to $ 50.00

Craft Show spaces

Indoors $ 65.00 to $100.00

Outdoors $ 50.00 to $100.00

Craft Show electric $ 2.00 to $ 5.00

Table/chair rentals $ 5.00 to $ 15.00

Decals $ 1.00 to $ 10.00

Neon Necklaces $ 1.00 to $ 10.00

Anything Floats entry fee $ 1.00 to $ 5.00

Books $ 5.00 to $ 15.00

Posters $ 1.00 to $ 10.00

Food Vendor spaces $ 50.00 to $250.00

Merchant spaces $ 50.00 to $250.00

Advertising $200.00 to $400.00*

Plants $ 5.00 to $ 25.00

Clambake tickets $ 5.00 to $ 25.00

Auction Admission fee $ 1.00 to $ 10.00

Shirts, tank tops $ 6.00* to $ 35.00

Hats $ 5.00 to $ 20.00

Tour tickets $ 10.00 to $ 20.00*

Pony Rides $ 1.00 to $ 10.00

Magnets $ 1.00 to $ 10.00*

Flags $ 1.00 to $ 20.00*

Bags / totes $ 7.00 to $ 15.00**

Towels $ 10.00 to $ 25.00**

Patches $ 2.00 to $ 10.00**

(Ord. No. 2004-12 § 1 & 2)

*(Ord. No. 2006-16 § 1)

**(Ord. No. 2007-12 § 1)

4-8 FEES.

4-8.1 Fees Established. The following fees shall be charged:

a. Zoning ordinance book $15.00

b. Certified list of property owners $10.00 per lot

c. Returned check fee $20.00

d. Stop payment on check fee $20.00

e. Bid specification fees $10.00-$50.00

f. Duplicate tax bill fee $1.00

g. Copies $.75 per page for first 10 pages

$.50 per page for second 10 pages

$.25 per page for all additional pages

h. Duplicate tax sale certificate fee $100.00

i. Street openings $150.00

j. Certified copy $5.00

k. Flood map determination fee $3.00

l. Tennis court fee $10.00 per hour

m. Zoning map copy $2.00 - $5.00

Public property obstruction

removal fee $20.00 - $50.00

o. Set of property address labels $35.00

p. Electronic data $25.00

(Ord. No. 2004-12 § 3)

q. Lifeguard in Training Program Fee $50.00 - $100.00 per session

(Ord. No. 2005-12 § 1)