TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE ORDINANCE COVER PAGE

Transcription

1 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE ORDINANCE COVER PAGE Ordinance No INTRODUCTION PUBLIC HEARING & ADOPTION March 6, 2012 March AGENDA ITEM NUMBER

2 9A. 1 STATEMENT TO BE READ BY COUNCILMEMBER WHO INTRODUCES ORDINANCE PROCEDURE ON ORDINANCES: INTRODUCTION and PASSAGE ON FIRST READING OF ORDINANCE COUNCILMEMBER: MOTION TO INTRODUCE ORDINANCE NO ON FIRST READING BY TITLE AND TO ORDER THE SAME TO BE PUBLISHED IN THE 3/9/12 ISSUE OF THE ASBURY PARK PRESS TOGETHER WITH NOTICE OF ITS INTRODUCTION AND PASSAGE ON FIRST READING BY TITLE, AND THAT IT WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER PUBLIC HEARING AT A MEETING OF THE TOWNSHIP COUNCIL TO BE HELD ON 3/27/12 AT 7:30 PM, PREVAILING TIME, IN THE MUNICIPAL BUILDING. SECONDED BY: COUNCILMEMBER CLERK: Clerk reads ordinance by title only. ROLL CALL VOTE.

3 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER ENTITLED DIMENSIONAL REQUIREMENTS AND SCHEDULES OF REQUIRED PARKING AND LOADING SPACES AND CHAPTER 216 ENTITLED PARKING OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF HOWELL WHEREAS, the Township of Howell wishes to amend Chapter Entitled Dimensional Requirements And Schedules Of Required Parking And Loading Spaces And Chapter 2 16 Entitled Parking of General Revised Ordinances of the Township of Howell; BE IT HEREBY ORDAINED by the Township Council of the Township of Howell that Chapter Entitled Dimensional Requirements And Schedules Of Required Parking And Loading Spaces And Chapter 2 16 Entitled Parking of the General Revised Ordinances of the Township of Howell is hereby amended and supplemented and shall read as follows: NOTE: Sections of Chapter and Chapter 216 that are to be amended are set forth below. All additions are shown in bold italics with underlines. All deletions are shown in bold italics with strikeouts. All other sections will remaining unchanged shall be in normal type Dimensional requirements and schedules of required parking and loading spaces. A. Dimensions. Off-street parking spaces shall be 19 feet in length and dimensioned in accordance with the following schedule, except that a minimum of one space- Shall be accessible and desinned in accordance with Chapter 216. Chapter 216 PARKING ARTICLE I Handicapped Parking Definitions. As used in this article, the following terms shall have the meanings indicated: PHYSICALLY HANDICAPPED -- Includes any person, male or female, who has lost the use of one or more limbs as a consequence of paralysis, amputation, or other permanent disability or who is permanently disabled so as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise limited as certified by a physician with a plenary license to practice medicine and surgery in New Jersey or a bordering state. PUBLIC BUILDING -- Any building, structure, facility or complex used by the general public or to which the general public is invited, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and

4 stations, factories, office buildings, businesses, shopping centers, hotels or motels and public eating places, whether privately or publicly owned, except that this term shall not include family residences, warehouse storage areas and all buildings conducting hazardous occupancies that involve highly combustible, highly flammable or explosive material Parking spaces for handicapped persons required; exemptions. The owners of all public buildings which provide parking spaces adjacent to or used in conjunction with the public building shall, within 180 days of notice by the Construction Code Official or hisher designee in the Township, provide for parking spaces for handicapped persons in accordance with the requirements set forth in this article. A1 existing buildings at the time of a Change of Ownership or Change of Tenant shall be required to update the handicap accessible parking to meet the regulations set forth herein Construction requirements. Parking spaces for the physically handicapped shall be constructed according to the following guidelines: jk&+parking spaces in the parking facilitv shall be used for handicapped parking in accordance with the Uniform Construction Code schedule 5: O(c)(d) and (e), but there shall be not less than one parking space in each such facilitv which is required to be van accessible. For everv eight (8) accessible an additional van accessible space is required B. The location of the physically handicapped spaces shall be in an area of the parking facility which is most accessible and approximate to the building or buildngs which the facility serves. The determination of said location shall be made by the Construction Official tide in conjunction and consultation with the owners. In shopping centers and other multi-store facilities, the handicapped spaces shall be as near to the principal store, if any, as possible or at such other location as may be agreeable between the Construction Official and the owner so as to provide the easiest accessibility to said buildings. C. Each space or group of spaces shall be identified with a clearly visible vertical sign which shall meet the following requirements:

5 Manual of Uniform Traffic Control Devices and shall displav the international svmbol for accessibilitv. Beneath each R 7-8 sign, each accessible parking space shall be marked with an R 7-8P sign as required bv N.J.S.A. 39:4-198, containing the following language: PENALTY: $250 First Offense SUBSEQUENT OFFENSES: $250 MINIMUM AND/OR UP TO 90 DAYS COMMUNITY SER WCE TOWA WAYZONE (a) The bottom of the R 7-8 sign shall be mounted approximatelv 60 inches above the parking lotor sidewalk surface when the sign is parallel to the sidewalk and approximatelv 72 inches above the parking lot or sidewalk when the sign is perpendicular to the sidewalk (b) The R 7-8 sien shall be centered and mounted at the head of each parking space. (2) Signpost. The sign shall be mounted on a "U" steel channel signpost. The post shall weigh three pounds per foot and have three-eighths-inch holes, one inch on center. The post shall be painted with baked-on deep green enamel. The post shall be 1 1 feet in length. The sign shall be secured to the post with vandal-resistant bolts. 11 (3) Post sleeve. The signpost shall be placed in a protective steel pipe sleeve with a nominal inside diameter of four inches. The signpost and sleeve shall be placed in the ground to a depth of three feet above the ground. The space between the signpost and sleeve shall be filled with sand mix Portland cement concrete to the top of the sleeve. The portion of the sleeve above the ground shall be painted with traffic yellow enamel paint. II (4) The lines designating the area shall be painted in fluorescent ye&w blue paint, and the center of the space shall have painted thereon the universal accessible svmbol eaja&&~ (5) Where a handicapped parking space is to be located immediately adjacent to the wall of a structure or a continuous curb and sidewalk, the owner of the public building may elect to mount the sign required by this section in alternate fashions as follows: 11 (a) Where the proposed space is adjacent to the wall of a structure, the sign may be mounted in a secure fashion on the wall of said structure at a point sktv (60") inches from grade to the space between the R 7-8 and the R 7-8P signs- and so as to be clearly visible from the handicapped parking space which it controls.

6 (b) Where the proposed handicapped parking space will be adjacent to a continuous curb and sidewalk, the property owner may install the sign as required by this section, except that no post sleeve shall be required if the sign is installed in such a position as to be insulated by the curb,and sidewalk from vehicle impact, and provided that the parking sign shall be located so as to be clearly visible from the parking space which it controls. D. Each space shall be Mj%&&& eight (8) feet wide with an eight (8) foot wide striped aisle, or eleven (11) feet wide with a five (5) foot wide striped aisle (see Chapter 5, Section 502 in ICC/ANSIAll ) to allow room for persons in wheelchairs or on braces or crutches to get in or out of either side of the automobile on a level, paved surface suitable for wheeling and walking. E. Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars. F. Where applicable, curb ramps shall be provided to permit handicapped people access from the parking area to the sidewalk Regulations and enforcement. The following regulations shall be observed with regard to parking spaces designated and marked as being set aside for the physically handicapped: A. No person shall stand or park any vehicle on public or private property in any parking space designated and marked as being set aside for the physically handicapped unless a Division of Motor Vehicles license plate or identification card or Howell Township identification card has been secured for said vehicle in accordance with N.J.S.A. 39:4-205 and 39:4-206 and the vehicle is marked with such identification card or license plates bearing the national wheelchair symbol and a physically handicapped person is either the dnver of or a passenger in such vehicle. B. An eligible handicapped person may request the Howell Township Police Department to arrange for the removal and storage of any motor vehicle on public or private property which does not display a Division of Motor Vehicles identification card or license plate or Howell Township identification card and is parked in a space designated as being set aside for the physically handicapped. It shall be the obligation of the owner of such motor vehicle to pay the reasonable cost of removal and storage which may result therefrom. Such removal and storage costs shall be in addition to any other penalty which may be assessed against the owner of such motor vehicle. C. "Eligible handicapped person" shall mean a physically handicapped person who is the holder of either an identification card or license plate bearing the national wheelchair symbol issued by the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205 and 39:4-206 or an identification card issued by the Township of Howell pursuant to N.J.S.A. 39:

7 D. The parking restrictions on spaces designated and marked as being set aside for the physically handicapped may be enforced by the Howell Township Police Department on both public and private property Violations and penalties. A. In the event that the owner of a public building fails to comply with the requirements of this article within the time specified herein, he shall pay a fine of $50 per day for each and every day after the expiration of the appointed time that he fails to comply with the requirements of this article. B. Any person who parks a motor vehicle in a space designated as being set aside for the physically handicapped in violation of this article shall be subject to a fine of $W $250 for the first offense and up to $&I0 a minimum fine of $ and up to 90 days of community service for subsequent offenses. SECTION 2. REPEALER The remainder of all other sections and subsections of the aforementioned ordinance not specifically amended by this Ordinance shall remain in full force and effect. SECTION 3. INCONSISTENT ORDINANCES All other Ordinances or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed as to such inconsistency. SECTION 4. SEVERABILITY If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective. SECTION 5. EFFECTIVE DATE NOTICE This Ordinance shall take effect upon its passage and publication according to law. The Ordinance published herewith was introduced and passed on first reading by the Township Council of the Township of Howell on March 6,2012 and will be further considered for final passage and adoption at the Township Municipal Building on Preventorium Road, Howell, New Jersey on March 27,2012 at 7:30 p.m. or as soon thereafter as the matter can be reached on the Agenda, at which time and place all persons interested therein shall be given an opportunity to be heard and during the week prior thereto, and up to, and including, the date of

8 such meeting, copies of said Ordinance will be available at the Clerk's Office in the Township of Howell Municipal Building to the members of the general public who shall request same. PENNY WOLLMAN, Municipal Clerk This is to certify that the foregoing Ordinance was adopted by the Township Council at a regular meeting of the Township of Howell held on March 27, PENNY WOLLMAN, Municipal Clerk

9 EXPLAIVATORY STATEMENT: An Ordinance by the Township Council of the Township of Howell Amending Chapter Entitled Dimensional Requirements And Schedules Of Required Parking And Loading Spaces And Chapter 2 16 Entitled Parking of General Revised Ordinances of the Township of Howell to update the handicapped accessible parking regulations.

10 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE ORDINANCE COVER PAGE Ordinance No INTRODUCTION PUBLIC HEARING & ADOPTION March March 27, 2012 AGENDA ITEM NUMBER

11 STATEMENT TO BE READ BY COUNCILMEMBER WHO INTRODUCES ORDINANCE PROCEDURE ON ORDINANCES: INTRODUCTION and PASSAGE ON FIRST READING OF ORDINANCE COUNCILMEMBER: MOTION TO INTRODUCE ORDINANCE NO ON FIRST READING BY TITLE AND TO ORDER THE SAME TO BE PUBLISHED IN THE 3/9/12 ISSUE OF THE ASBURY PARK PRESS TOGETHER WITH NOTICE OF ITS INTRODUCTION AND PASSAGE ON FIRST READING BY TITLE, AND THAT IT WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER PUBLIC HEARING AT A MEETING OF THE TOWNSHIP COUNCIL TO BE HELD ON 3/27/12 AT 7:30 PM, PREVAILING TIME, IN THE MUNICIPAL BUILDING. SECONDED BY: COUNCILMEMBER CLERK: Clerk reads ordinance by title only. ROLL CALL VOTE.

12 ORDINANCE NO AN ORDINANCE OF THE TOWNSHIP OF HOWELL ADDING CHAPTER BY AMENDING CHAPTER 245 ENTITLED SECOND- HAND DEALERS OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF HOWELL BE IT HEREBY ORDAINED by the Township Council of the Township of Howell that Chapter 245 Entitled Secondhand Dealers shall be amended in the Revised General ordinances of the Township of Howell as follows: NOTE: Sections of Chapter 245 that are to be supplemented by the within Ordinance are set forth below. All additions are shown in bold italics with underlines. Chapter 245 Secondhand Dealers $245-1 Purpose and Intent. The purpose and intent of this Section is to provide licensing and regulation of individuals dealing in precious metals, gems, secondhand goods and pawn brokering to protect the residents of the Township of Howell, and those transacting business in the Township of Howell as permitted, in part, by N.J.S.A. 51:6A-1 et seq. Further, the licensing and regulations of these individuals will further assist the Township of Howell Police Department and others in recovering stolen goods. In addition, in regard to precious metals and gems, this Section, shall be complied with in addition to the laws, rules and regulations as contained in N.J.S.A. 51:6A-1 et seq. andn.j.a.c. 13:47C-1.1 et seq. $ Definitions As used in this chapter, the following term shall have the meaning indicated: SECONDHAND DEALER A. Except as provided in Subsection B below, any person, partnership, limited-liability company, corporation or other entity who, either wholly or in part, engages in or operates a trade or business of buying andlor selling used goods or equipment in the Township of Howell, such as antiques, precious stones, gold, silver, platinum or other precious metals, jewelry, coins, any tools, television sets, radios, record or stereo sets, electronic devises, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, firearms, cameras and camera equipment, and video equipment. B. The business of secondhand dealer shall not be deemed to include: 1) Judicial sales or sales by executors or administrators

13 2) Occasional or auction sales of household goods sold from private homes 3) Auctions of real estate. 4) The occasional sale, purchase or exchange of coins or stamps by a person at License required; advertising his permanent residence, or in any municipally owned building by a person who is engaged in the hobby of collecting coins or stamps, and who does not solicit the sale, purchase or exchange of such coins or stamps to or from the general public by billboard, sign, handbill, newspaper, magazine, radio, television or other form of printed or electronic advertising. No person, partnership, limited-liability company, corporation or other entity shall engage in business as a Secondhand Dealer without first obtaining a license from the Township Clerk. 1) A separate license must be obtained for each separate place of business. 2) Advertising in any print or electronic media or by sign that any articles or goods referred to in the definition of "SECONDHAND DEALER are being bought in any location within the Township of Howell shall constitute engaging in business as a SECONDHAND DEALER for the purposes of this Chapter. In any print advertisement and in the electronic media, the license number shall be visually or audibly stated. Failure to indicate the license number shall be a violation of this Chapter Investigation of applicant; issuance or denial of license. A. Upon receipt of an application by the Township Clerk completed pursuant to this chapter, the Police Department shall make an investigation of the prospective purchaser/licensee, pursuant to this chapter, for the purpose of determining the suitability of the applicant for licensing. Each license shall authorize the purchaser/licensee to conduct business only at the location in which is indicated therein. Such investigation shall include but shall not be limited to the following: 1) The experience of the applicant in the business of the purchase and sale of those items as defined in Subsection A of the Definition of "Secondhand Dealer", although nothing in this chapter shall be construed to warrant denial of a license solely on the basis of lack of experience. 2) The reputation of the applicant for fair dealing in the community, which shall be made among credible sources which shall be disclosed to the applicant in the event of a denial of any license. 3) Criminal record of the applicant. All background checks shall be conducted through MorphoTrak.

14 4) The type of operation contemplated to be conducted by the applicant, particularly whether the business is to be operated from a fixed location, whether it is to be conducted from a location primarily devoted to the purchase and sale of precious gems and metals and related items and other factors bearing upon whether the licensed business will be of a fixed and permanent nature. This provision, however, shall not be construed to require denial of any license solely on the grounds that the business is not conducted from a fixed location. B. The police department shall complete any investigation pursuant to this chapter within (30) days of the submission of the application to the township clerk, fully completed by the applicant. If a criminal record check has been requested within the (30) day period and has not been received by the police department within that period, the Chief of Police may, if all other factors are satisfactory, recommend a conditional issuance of the license subject to the finding regarding criminal records. C. The Chief of Police shall, upon completion of the investigation, recommend, grant or deny the requested license to the township council. The recommendation of the Chief of Police shall be in writing and in the case of a recommendation of denial, shall state fully and specifically the reasons for said recommendation. If the Township Council accepts the recommendation of the Chief of Police to deny any license, the township clerk shall notify the applicant by certified mail within 10 days of such denial and forward to the applicant a statement of the reason or reasons for such denial. D. Grounds for recommending denial of a license by the Chief of Police may include reliable information indicating that the applicant has in the past engaged in fraudulent or deceptive business practices in a business identical to or similar to the business for which the applicant seeks a license pursuant to this chapter. A license may be denied if the investigation conducted by the police department reveals conviction of the applicant or any of its principal officers or employees of any crime or disorderly persons offense involving theft or receiving goods, whether such conviction was a principal or accessory before or after the fact, or conspirator. E. Upon receipt of the recommendation of the Chief of Police, the township council shall issue or deny the license accordingly (contingent upon the receipt of a bond of $1 0,000 pursuant to $ In the event of a denial of the license by the Township Council, the applicant shall be entitled to a hearing before the Township Council, if requested, in writing, within 10 days of receiving the notice of denial, at which time the applicant shall be permitted to introduce such evidence as helshe shall deem proper. The burden of proof in any such hearing shall be on the police department. The Township Council shall, within 10 days of the close of the hearing, make known its decision in writing.

15 Identification of sellers; receipt book A. A licensee shall require of each person selling used goods or equipment such as antiques, precious stones, gold, silver, platinum or other precious metals, jewelry, coins, any tools, television sets, radios, record or stereo sets, electronic devices, musical instruments, sporting goods, automotive equipment, collectibles, game cartridges, firearms, cameras and camera equipment, and video equipment, suitable identification setting forth the true name and home address of the seller. Acceptable identification includes a valid driver's license issued by the State of New Jersey or a valid government-issued photo identification. If any other form of Identification is presented other than the aforementioned, then one fingerprint (preferably thumb), shall be recorded on the receipt retained by the dealer. This information shall be forwarded to the Howell Township Police Department within 36 hours. A purchaser1 licensee shall complete and issue to each seller a serially numbered receipt setting forth the following information: 1) A detailed, legible description of the item, including the price at which it is being purchased. In the case of jewelry, the description must include: style, length, color, design and stones, if any. 2) Statement in full of any identifying marks, such as initials, names, dates, inscriptions, serial numbers, series numbers or any other information appearing calculated to set apart the particular object said for the others of like kind. 3) If the item is purchased by weight, the troy ounce weight of the item. 4) The name of the clerk or employee of the licensee making the transaction legibly set forth. 5) The name and permanent business address of the purchaserllicensee. 6) The name, address, sex, date of birth and driver's license number or other government issued ID which shall be verified by proof of identification on a receipt form provided by the Howell Township Police Department. 7) No purchaserllicensee shall purchase items from any person under the age of 18. 8) A photographed recording of the item(s) being purchased by the purchaser1 licensee. The photograph should be of digital JPEG format and quality, with the ability to be electronically transferred to a computer and shall include a photograph of the identification presented by the seller, the serially numbered receipt, and a clear image of the purchased item(s). All jewelry will be photographed on a black background. This photo image shall be printed by the

16 purchaser/licensee and stored on location until they are picked up by the Howell Township Police Department. 9) A thumb print will be recorded on the receipt that is retained by the dealer in accordance with and under the conditions as provided in this subsection. B. A record shall be kept of all receipts and photographs in the regular course of business by the purchaser/licensee. C. All receipts shall be available for inspection by any law enforcement officer and shall be maintained, on location, for two years from the date of purchase. $245-6 Time limit for disposal of merchandise A. No person regulated by this Chapter shall sell, melt down or otherwise dispose of any merchandise covered by this chapter purchased by such person until AFTER the close of business on the 10th day, AFTER the date of purchase. All items must remain on location. $245-7 Maintenance of records; display of license A. Each purchaser/licensee shall maintain duplicate copies of all seller receipts and photographs pursuant to $245-5 in legible form for a period of two years from the date of each purchase by the purchaser/licensee. B. The license shall be posted in a conspicuous place at the location for the sale or sales licensed under this chapter. C. Within 36 hours of any purchase, the purchaser/licensee shall deliver or fax to the Howell Township Police Department the serially numbered receipt(s) listing all items purchased. Said list shall contain a description of each item, any identifying numbers or inscriptions, the time of purchase and the name and address of the seller pursuant to $ D. A digital JPEG format photograph containing image(s) of the receipt number, photo, ID of the seller and close up of the item(s) purchased shall be printed by the purchaser/licensee and maintained in a file. These printed images will be picked up periodically by Howell Township Police Officers. $245-8 Bond required A. Within 10 days of the issuance of a license, each purchaser/licensee shall deliver a bond to the township clerk executed by the applicant as principal, with a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond, to be approved by the township attorney, shall be in the penal sum of $10,000 continued for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the Township of Howell in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall

17 be and remain for the benefit of any person or persons who shall have received judgment against the purchaserllicensee licensed under this chapter by reason of any damage sustained by any such person as a result of the operations of the purchaserllicensee under this chapter, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the Township of Howell, be and remain for the benefit of any person who shall obtain a judgment against the obligor as a result of damage sustained in operation pursuant to any license granted under Township Ordinance." Said bond shall be kept in force for a minimum period of one year from the date of issuance of the license and must be renewed annually along with the license License fee: Renewal of license A. The fee for the initial application and license shall be $ Each annual renewal fee shall be $ B. Said license and renewal shall be valid for a period of one year from the date of issuance. At the time of renewal, no new application must be filed with the township clerk unless any matters set forth in the original application are changed Violations and penalties A. Any individual person, partnership or corporation found in violation of the provisions of this chapter shall be subject to a minimum fine of $ not to exceed $ and imprisonment not to exceed (60) days or both at the discretion of the court. B. Each and every day a violation of this chapter exists shall constitute a separate violation. $ Suspension and Revocation of license. A. The Township Council, upon advice and recommendation of the Chief of Police of the Howell Township Police Department, suspend or revoke anv secondhand dealer's license pursuant to N.J.S.A. 40:52-2 for sufficient cause, after notice and hearinp, sufficient cause to include but not be limited to: (I) Violation of anv provisions of the within chapter or other ordinances of the Township of Ho well. f2) Advertising of anv kind bv a dealer to purchase secondhand goods without being licensed pursuant to the within chapter. (3) Failure of anv person to state fullv on his or her application for a license an official place of business within the Township of Howell or anv material false representation. f4) Conviction of an offense or crime in connection with Chapter 15, Robberv; Chapter 1 7, Arson, Criminal Mischief and Other Propertv Destruction; Chapter 18, Burplary and

18 Other Criminal Intrusion; Chapter 20, Theft and Related Offenses; and Chapter 21, Forgerv and Fraudulent Practices, of Title 2C, the New Jersm Code of Criminal Justice. (5) Utilization of the business for the disposal of stolen goods. B. The secondhand dealer shall be liable and responsible for anv of the acts or omissions of the licensee's agents, clerks or emplovees. SECTION 2. REPEALER The remainder of all other sections and subsections of the aforementioned ordinance not specifically amended by this Ordinance shall remain in full force and effect. SECTION 3. INCONSISTENT ORDINANCES All other Ordinances or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed as to such inconsistency. SECTION 4. SEVERABILITY If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication according to law.

19 NOTICE The Ordinance published herewith was introduced and passed on first reading by the Township Council of the Township of Howell on March 6, 2012 and will be further considered for final passage and adoption at the Township Municipal Building on Preventorium Road, Howell, New Jersey on March 27, 2012 at 7:30 p.m. or as soon thereafter as the matter can be reached on the Agenda, at which time and place all persons interested therein shall be given an opportunity to be heard and during the week prior thereto, and up to, and including, the date of such meeting, copies of said Ordnance will be available at the Clerk's Office in the Township of Howell Municipal Building to the members of the general public who shall request same. PENNY WOLLMAN, Municipal Clerk This is to certify that the foregoing Ordinance was adopted by the Township Council at a regular meeting of the Township of Howell held on March 27, PENNY WOLLMAN, Municipal Clerk

20 EXPLANATORY STATEMENT: An Ordinance by the Township Council of the Township of Howell Amending Chapter 245 Entitled Second Hand Dealers to include a provision for the revocation and suspension of a second hand dealer license.

21 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE ORDINANCE COVER PAGE Ordi~iance No INTRODUCTION PUBLIC HEARING & ADOP'TION March 6, 2012 March 27, 2012 AGENDA ITEM NUMBER

22 STATEMENT TO BE READ BY COUNCILMEMBER WHO INTRODUCES ORDINANCE PROCEDURE ON ORDINANCES: INTRODUCTION and PASSAGE ON FIRST READING OF ORDINANCE COUNCILMEMBER: MOTION TO INTRODUCE ORDINANCE NO ON FIRST READING BY TITLE AND TO ORDER THE SAME TO BE PUBLISHED IN THE 3/9/12 ISSUE OF THE ASBURY PARK PRESS TOGETHER WITH NOTICE OF ITS INTRODUCTION AND PASSAGE ON FIRST READING BY TITLE, AND THAT IT WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER PUBLIC HEARING AT A MEETING OF THE TOWNSHIP COUNCIL TO BE HELD ON 3/27/12 AT 7:30 PM, PREVAILING TIME, IN THE MUNICIPAL BUILDING. SECONDED BY: COUNCILMEMBER CLERK: Clerk reads ordinance by title only. ROLL CALL VOTE.

23 AGENDA NUMBER: TOWNSHIP COUNCIL MEETING DATE ORDINANCE NUMBER: ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABI-ISH A CAP BANK (N.J.S.A. 40A: ) WHEREAS, the Local Government Cap Law, N.J.S. 40A: et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year's final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Council of the Township of Howell in the County of Monmouth finds it advisable and necessary to increase its CY 2012 budget by up to 3.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Township Council hereby determines that a 3.5% increase in the budget for said year, amounting to $335, in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Township Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Council of the Township of Howell, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2012 budget year, the final appropriations of the Township of Howell shall, in accordance with this ordinance and N.J.S.A. 40A: , be increased by 3.5%, amounting to $ 1,173,037.46, and that the CY 2012 municipal budget for the Township of Howell be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. NOTICE Notice is hereby given that the foregoing Ordinance was introduced and passed on the first reading by the Township Council of the Township of Howell on March 6, 2012 and will be further considered for final passage and adopted at the Municipal Building, 251 Preventorium Road, Howell, New Jersey on March 27, 2012 at 7:30 O'clock P.M., or as soon thereafter as the matter can be reached on the agenda, at which time and place all persons interested therein shall be given an opportunity to be heard, and during the week prior to, and up to and including, the date of such meeting, copies of said Ordinance will be made available at the Clerk's office in the Township of Howell Township Municipal Building to the members of the general public who shall request same. PENNY WOLLMAN Township Clerk