Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 135.
Solid waste — See Ch. 350.
Streets and sidewalks — See Ch. 368.
Tree removal and protection — See Ch. 388.
Sale of vehicles — See Ch. 400.
[Adopted by Ord. No. 579 (§ 3-11 of the 1987 Code)]

§ 303-1 Definitions.

[Amended by Ord. No. 1033]
As used in this article, the following terms shall have the meaning indicated:
BUSINESS
To include all kinds of vocations, occupations, and professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles, materials and appurtenances used therein, any of which are conducted for private profit or benefit either directly or indirectly, on any premises of this Borough or anywhere else within its jurisdiction.
PERSONAL PROPERTY
To include goods, wares, merchandise, stock, equipment, appliances, portable displays, portable signs, streamers, banners and any and all other material or article or thing of any nature whatsoever, whether placed directly upon the premises or extended from or attached to any building, structure, pole, post, stanchion, rail or thing on the premises.
PREMISES
To include all of the exterior land and places connected or used with any business, conducted in the buildings or structures on such premises.

§ 303-2 Compliance required.

A. 
It shall be unlawful for any person either directly or indirectly to place, maintain or continue or permit any personal property to be displayed as a part of a business conducted in the Borough nearer than 10 feet to the front property line of the premises; provided, however, nothing contained in this article shall prevent, nor prohibit the display and sale of used cars nearer than 10 feet to the front property line in accordance with Chapter 400.
B. 
It shall be unlawful for any person either directly or indirectly to place, throw, deposit, or permit in or upon any sidewalk, gutter or public place in the Borough either in front of any premises owned or occupied by such person or on any other location, any rubbish, old papers, boxes, sweepings or refuse of any kind or nature whatsoever; provided, however, this article shall not prevent nor prohibit the placing of garbage and other refuse in accordance with Chapter 350, or publicly owned property under the control of any public body with the consent of the Borough Council.
C. 
It shall be unlawful for any person either directly or indirectly to encumber or obstruct any sidewalk or sidewalk area or other public place by placing, maintaining, continuing, or permitting to be placed, maintained, or continued any personal property on any of the sidewalks or public places within the Borough.
D. 
All permanently placed shrubs, flower boxes and plants, signs of all kinds and religious institution directories authorized by this article shall be kept in a reasonable state of maintenance, repair and/or care by the owner or person in control thereof.

§ 303-3 Exceptions.

A. 
Nothing contained herein shall prevent or prohibit the placing or maintaining of any of the following personal property nearer than 10 feet from the property line of any premises: permanently placed shrubs, flower boxes and plants; professional and personalized signs; realty for sale signs, apartment house name signs and religious institution directories; the display not to interfere with the orderly flow of pedestrian traffic, all applications for the public display to be made to the Borough Clerk.
B. 
Notwithstanding any of the provisions of this article to the contrary, the regulatory and penal provisions set forth in this article shall be suspended for a period of 14 calendar days next preceding the official state holidays of Christmas and Easter and also Mother's Day and Father's Day. A public display must not interfere with pedestrian traffic and all applications for public display are to be made to the Borough Clerk.

§ 303-4 Enforcement.

[Amended by Ord. No. 1033]
This article is adopted under the police powers granted to municipalities and shall be enforced by the appropriate officers and employees of the Borough, provided that applications submitted pursuant to § 303-3 shall be considered approved or disapproved by the Borough's Construction Official.

§ 303-5 Violations and penalties. [1]

Violations of this article shall be penalized as provided in Chapter 1, General Provisions, Article III, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted by Ord. No. 898 (§ 3-4 of the 1987 Code)]

§ 303-6 Procedure for removal.

The owner or tenant of lands lying within the limits of the Borough where it shall be necessary and expedient for the preservation of public health, safety and general welfare, or to eliminate fire hazard, shall remove from such lands brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, within two days after notice to remove same. If the owner or tenant of the premises shall refuse or neglect to remove the same within the time provided herein, the Sanitary Inspector for the Board of Health or other official of the Borough duly designated by the Mayor and Council is hereby authorized to provide for the removal of the same. In addition, if the owner or tenant of the premises shall refuse or neglect to remove the same within the time provided herein, the Sanitary Inspector or other duly designated official of the Borough of Highland Park is hereby authorized to sign a complaint in accordance with § 303-8.

§ 303-7 Removal by the Borough; assessment.

[Amended by Ord. No. 1478]
A. 
In all cases where brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris are removed from any lands under the direction of the Sanitary Inspector for the Board of Health or other duly designated official of the Borough, such officer shall certify the cost to the Borough Council. Whenever Borough forces are used for the removal of materials cited hereinabove, the Sanitary Inspector or other designated Borough officer shall certify the costs herein authorized on a time-and-materials basis. In all cases, however, a minimum fee of $100 shall be charged whenever Borough forces are used.
B. 
The Borough Council shall examine the certificate, and if found correct, shall cause the cost as shown to be charged against the lands. Such cost shall be added to and become a part of the taxes next to be assessed and levied upon such lands, to bear interest at the same rate, and be collected and enforced by the same officers in the same manner as taxes.

§ 303-8 Violations and penalties; service of notice.

[Amended 2-7-1989 by Ord. No. 1178]
A. 
Any person who shall violate any provision of this article shall, upon conviction, be subject to a fine of not less than $50 nor more than the penalty established in Chapter 1, General Provisions, Article III, General Penalty.
B. 
Such notice as specified above shall be deemed to be properly served upon such person if a copy is delivered to him personally; or by leaving the notice at his usual place of abode with a competent member of his household of the age of 14 years or over then residing therein, who shall be informed of the contents thereof; or by certified or registered mail addressed to the owner at his last known address with return receipt requested.