For the prosecutor, Ward Kremer.
For the respondent, Thomas D. Nary (James R. Laird, of counsel).
Before Justices Bodine and Jacobs.
The opinion of the court was delivered by
JACOBS, J. This matter is before the court pursuant to a writ of certiorari to review the validity of an ordinance of the Borough of Neptune City, last amended on February 23d, 1948.
In 1946, the prosecutor, Drayton I. Hoffman, purchased a five acre tract of land in the Borough of Neptune City on which a trailer camp was being operated. He paid $9,000 for the land and, early in 1947, made additional improvements, which included the erection of a building containing rest rooms, at a cost of $3,200.
Prosecutor charges his trailer tenants $20 per month for occupied trailers and $5 per month for unoccupied trailers. His testimony indicates that he averaged 25 trailers during the summer season of four months, and 18 trailers during the remainder of the year; that his yearly income was approximately $3,800, representing $2,000 received during the summer season and $1,440 for occupied plus $360 for unoccupied trailers during the remainder of the year; and that his necessary annual expenses for operating the trailer camp totaled approximately $1,500, exclusive of any license fee payable to the Borough of Neptune City under its ordinance.
On August 11th, 1947, the respondent, Borough of Neputne City, adopted an ordinance which provided for a monthly fee of $5 payable by the owner or occupant of any trailer on any trailer camp located within the confines of the borough. On October 27th, 1947, this ordinance was amended by an ordinance which eliminated the $5 fee payable by the owner or occupant of the trailer, and provided that the owner or operator of the trailer camp shall pay a license fee of $5 per month for an occupied trailer and $2 per month for an unoccupied trailer. On February 23d, 1948, a further amendatory ordinance was adopted, effective June 1st, 1948, which increased the monthly fee payable by the owner or operator of the trailer camp to $10 per month per trailer, whether occupied or not.
Prosecutor contends that the last mentioned ordinance, which is now in effect, is "unreasonable, oppressive and confiscatory" and is, therefore, invalid under the decisions typified
by Gurland v. Kearny (Supreme Court, 1942), 128 N.J.L. 22, and The Great Atlantic and Pacific Tea Co., Inc., v. Camden (Supreme Court, 1939), 122 Id. 47. Assuming that the average number of trailers located at prosecutor's premises remains as heretofore, he would be obliged to pay, under the ordinance effective June 1st, 1948, aggregate annual fees of $2,440. This would be almost two-thirds of his gross revenues and, if added to his regular operating expenses, would result in a deficit. This deficit would, of course, be substantially increased if due consideration is given to the value of prosecutor's investment and his services in conducting the trailer camp.
Respondent, Borough of Neptune City, acknowledges that the primary purpose of its ordinance was for revenue and that in seeking to tax the business of operating trailer camps, it was "charged with the burden of arriving at a tax that was not confiscatory." It contends, however, that the license fee or tax imposed by its ordinance was reasonable and refers to the fact that its municipal operating costs have risen considerably. The evidence does not indicate that the operation of prosecutor's trailer camp has, in any significant sense, contributed to the increased municipal budget; and, in any event, such ...