Borough of Carlstadt, NJ Police Regulations

As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings indicated:

Any motor vehicle which:

Is parked without the current year's registration or identification markers as required by law;

Has been continuously parked in any public street or on any public land for a period of 10 days;

Is so disabled as to constitute an obstruction to traffic, and the driver or person owning or in charge thereof neglects or refuses to move the same to a place where it will not obstruct traffic;

Is found to be mechanically inoperative and is allowed to remain inoperative for a period of seven days and such period of time has not been extended by the Police Department; or

Is found without one or more tires.

BICYCLE

Vehicles with two wheels, one in front of the other, having a seat height of 25 inches or greater when in its lowest adjustable position, steered by a handlebar and driven by pedals.

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation and consumption of food.

JUNK AUTOMOBILE or JUNK AUTOMOBILE BODY

Any automobile which is no longer in actual use as a motor vehicle or which is wholly unfit, without rebuilding or reconditioning, for use in highway transportation, or which has been discarded for use as a motor vehicle or otherwise abandoned.

JUVENILE or MINOR

Any person under the legal age.

LITTER

Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, household or commercial solid waste, vehicle or vehicle parts, tires, appliances, furniture, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, saw milling, farming or manufacturing.

LITTER RECEPTACLE

A container suitable for the depositing of litter.

MOTOR VEHICLE or VEHICLE

Any "motor vehicle," "omnibus," "road tractor," "trailer," "truck," "truck-tractor" and "vehicle," which terms are intended to have the meaning stated and defined in N.J.S.A. 39:1-1 et seq.

PARK

A park, sport field or facility, Lindbergh Field, totlands, recreation facilities or any other area in the Borough owned or used by the Borough, and devoted to active or passive recreation.

PARENT

Any person having legal custody of a juvenile as a natural or adopted parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by order of the court.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

REFUSE

Putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes.

RUBBISH

Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

STREET

A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk, for pedestrian travel. The term street shall include the legal right-of-way, including, but not limited to, the cartway or traffic lanes, curb, the sidewalks, whether paved or unpaved, and any grass lots or other grounds found within the legal right-of-way of a street. The term street shall apply irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise. The term street shall also include, for the purposes of this chapter, shopping centers, parking lots, parks, playgrounds, public buildings and similar areas open to the use of the public.

TIME OF NIGHT

Time of night shall be based upon the prevailing standard of time, whether Eastern Standard Time or Easter Daylight Savings Time, generally observed as that hour by the public in the Borough, prima facie, time then observed in the Borough administrative offices and police headquarters.

VEHICLE

Every device in, upon or by which any person or property is or may be transported upon a highway, including devices used exclusively upon stationary rails or tracks.

VIOLATION OF THE PUBLIC PEACE

Defacing, damaging or destroying public property or the private property of another, within the Borough of Carlstadt; committing an assault or assault and battery upon another in the Borough; or consuming and/or possession of alcoholic beverages and/or harmful drugs in a public place in the Borough.

5-2.1.

Findings. It is hereby determined and declared that the placing, abandonment, leaving, keeping or storing out-of-doors of any motor vehicle, trailer or semi-trailer not currently in use for transportation and not licensed for the current year, or missing tires, wheels, engine or any essential parts, or which displays extensive body damage or deterioration, or is disassembled, in whole or in part, or any other unusable machinery or equipment or parts of machines or parts of automobiles on public or private lands in the Borough is contrary and inimical to the public welfare in that such articles so placed, abandoned, left, kept or stored, attract or may attract persons of tender years who, being so attracted, may play in and about them and be injured in so doing, and further in that such articles so placed, abandoned, left, kept or stored out-of-doors and exposed to the elements, deteriorate and in themselves are unsightly and in deteriorating become more unsightly and are detrimental to and depreciate the value of the property in the neighborhood where they are located and in the Borough as a whole.

5-2.2.

Storage, Abandonment of Vehicle Prohibited; Exceptions.

Storage, Abandonment Prohibited. It shall be unlawful for any person to store, abandon or suffer or permit the storage or abandoning of any motor vehicle, omnibus, road tractor, truck or truck-tractor or other vehicle, as defined in section 5-1, out-of-doors upon any public or private lands in the Borough, or on any public street or between the right-of-way sidelines of any public right-of-way therein. Nothing herein contained shall be deemed to prohibit the placing, keeping or storage of any such vehicle in an enclosed garage, barn or other building.

Presumption of Abandonment; Exemption Certificate. If any motor vehicle, omnibus, road tractor, trailer, truck, truck-tractor or vehicle shall be abandoned on private lands for 10 days or more, it shall be presumed that the owner or tenant in possession such lands has abandoned it there or permitted or suffered it to be abandoned there.

The presumption of abandonment, as set forth above, may be rebutted by the owner by applying to the Chief of Police for an exemption certificate, which may be issued by the Chief of Police at no charge to the applicant and be good for a period up to six months.

The Chief of Police, in determining whether or not to issue an exemption certificate, shall consider the reasons advanced by the owner as to why the presumption of abandonment would not apply to this particular motor vehicle. The Chief of Police shall consider such reasons as, but not limited to, unique vehicles that are in the process of restoration, be they antique or otherwise; vehicles being retained unlicensed by virtue of being held for a member of the family who is temporarily absent; and such other valid reasons, as determined in the discretion of the Chief of Police.

The application and exemption certificate shall be on such forms as may be hereinafter developed by the Chief of Police. Each exemption certificate shall have endorsed thereon its duration; not to exceed six months, and a synopsis of the reasons why such vehicle is not considered abandoned.

The Chief of Police is authorized to grant additional extensions of six months in situations where such extensions are warranted.

In issuing the exemption certificate, the Chief of Police shall insure that the area around the stored vehicle is being properly maintained and that the stored vehicle is secured from movement by such chocking devices or other methods of securing as are deemed appropriate by him/her.

The exemption certificate shall be prominently displayed on the inside of the windshield of the vehicle.

Denial of Exemption Certificate. In the event that the exemption certificate shall be denied by the Chief of Police, the applicant may appeal such denial to the Borough Council within 10 days of receipt of the written notice of denial. The Borough Council shall consider the application de novo and shall advise the applicant of his/her determination within 15 days of the date of the receipt of the appeal.

5-2.3.

Complaint; Investigation. Upon the complaint of any resident or property owner of the Borough or any employee of the Borough, or upon his/her own motion, the Chief of Police, or his/her designated agent, shall make an investigation of the condition complained of.

5-2.4.

Notice to Owner. If the land about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of this section exists thereon, the Chief of Police shall notify the owner, possessor or occupant of the land complained of, which notice shall be served upon the owner or possessor personally if (s)he resides in the Borough or by certified mail. If the owner or possessor resides outside the Borough, the notice shall be served upon him/her by registered or certified mail addressed to his/her usual residence, if ascertainable, otherwise by notice published in the newspaper in which legal notices of the Borough are published. The owner or tenant shall abate the violation within 10 days after receipt of the notice.

5-2.5.

Reinspection. The Chief of Police shall reinspect the lands after the ten-day period has expired and report, in writing, to the Borough Council whether or not the condition complained of and previously found to exist in violation of this section has been abated or remedied.

5-2.6.

Abatement by Borough. In the event that the owner, possessor or occupant of the land refuses or neglects to abate or remedy the condition complained of after 10 days' notice, the Chief of Police shall cause the condition complained of to be abated and remedied.

5-2.7.

Cost of Abatement to be a Lien. Upon the removal of any motor vehicle by or under the direction of an officer of the Borough, in cases where the owner has refused or neglected to remove it in the manner and within the time provided above, the officer shall certify the cost thereof to the Borough Council. Upon receipt of same, Council shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the land and shall be added to and become and form part of the taxes next to be assessed and levied upon the land, and bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

5-2.8.

Prosecution in Municipal Court. If the owner or tenant to which notice is sent neglects or refuses to comply with the notice within 10 days of its receipt, the Borough will cause a complaint to be brought against him/her in Municipal Court, and upon conviction, such penalties as set forth in section 1-7 of this revision may be imposed.

5-3.1.

Registration.

Required. No bicycle shall be ridden in the Borough unless it shall first have been registered with the Borough Police Department and shall have affixed to it a registration tag or decal issued by the Police Department.

The registration tag or decal shall be fastened to the frame of the bicycle in a place to be determined by the Chief of Police. Removal of the registration tag shall be grounds for revocation of the registration.

Application for Registration Certificate and Tag or Decal. Each application for a bicycle registration and a registration tag or decal, or for a transfer thereof, shall be made to the Police Department on a form approved by the Chief of Police. Such application shall set forth the name and address of the owner, a description of the bicycle, the name of the manufacturer and the serial number appearing on the frame of the bicycle.

Issuance of Registration Certificate and Tag or Decal; Inspection. The Police Department shall cause an inspection to be made of each bicycle for which an application is made as to its safe mechanical condition and as to the ability of the applicant to operate the bicycle safely.

Registration Certificate. Every registration certificate shall be numbered in sequence and shall set forth the name and address of the owner of the bicycle and the serial number appearing on the frame of the bicycle.

5-3.2.

Time for Registration. Every person, within 10 days after acquiring a bicycle, shall obtain a registration tag or decal as set forth above. A registration tag or decal shall be valid for as long as the person owns the bicycle.

5-3.3.

Sale of Transfer of Bicycle. Each person who sells, transfers ownership of or permanently dismantles any bicycle registered pursuant to the provisions of this section shall make a report thereof and surrender the registration certificate and tag to the Police Department and shall remove the decal, if any, within three days thereafter. When the bicycle has been sold or ownership transferred, the report shall include the name and address of the person to whom such sale or transfer was made.

5-3.4.

Transfer of Certificate and Tag or Decal. Where the owner of a registered bicycle surrenders the registration certificate and tag or decal, (s)he may, upon application, obtain the transfer of such certificate and tag or decal to another bicycle owned by him/her, provided the application for transfer and substituted bicycle comply with the above provisions.

5-3.5.

Records. The Police Department shall keep a record of the registration of all bicycles, including the number each registration certificate and tag or decal issued, the date of issuance, the name and address of the person to whom issued, and the name or make and the serial number on the frame of the bicycle for which issued.

5-3.6.

Replacement of Stolen, Lost or Mutilated Certificate and Tags or Decals. Whenever an issued registration certificate or registration tag or decal is lost, stolen or mutilated, a replacement certificate or tag or decal shall be required by the Police Department.

5-3.7.

Removal, Alteration or Defacing of Tags, Decals or Bicycle Serial Numbers.

No person shall remove, destroy, mutilate or alter any registration tag or decal. The registration tag or decal may be removed for the purpose of surrendering the same to the Police Department in the event of sale or transfer of ownership or dismantling.

No person shall remove, destroy, mutilate or alter the serial number on the frame of any bicycle or have in his/her possession any bicycle on which the serial number has been removed, destroyed, mutilated or altered.

5-3.8.

Rules and Regulations.

No operator of a bicycle shall leave a bicycle lying on or standing upon the sidewalk in such a manner as to hinder or impede pedestrians.

Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of at least 500 feet to the front, and with a light on the rear which shall emit a red light visible from a distance of at least 500 feet to the rear, in addition to which a red reflector of the minimum size of two inches in diameter shall be provided.

No person shall operate a bicycle unless it is equipped with a bell or other device, to be approved by the Chief of Police, capable of giving a signal audible for a distance of at least 100 feet.

A person propelling or riding on a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall (s)he ride with his/her feet removed from the pedals, or with both hands removed from the handlebars, nor shall (s)he practice any trick or fancy riding in a street. No bicycle shall be used to carry more persons at one time than the number for which it is designed.

No person riding upon any vehicle shall attach the same or himself/herself to any vehicle upon a roadway and no operator of any vehicle shall knowingly allow any person riding upon any bicycle to attach the same or himself/herself to the vehicle.

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

Every person riding or operating a bicycle shall obey all stop signs and traffic signals in the same manner and to the same extent as would be required if such person were operating a motor vehicle.

Every person riding or operating a bicycle shall be required to dismount or walk his/her bicycle across heavily traveled streets.

Every person riding or operating a bicycle shall be required immediately before entering a street or sidewalk from any alley or driveway to come to a complete stop for the purpose of making an observation in order to ensure that such street or sidewalk is clear of pedestrians or vehicles.

Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

Persons riding bicycles upon a roadway shall ride in single file, except on paths or parts of roadways set aside for the exclusive use of bicycles.

Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.

Such other rules as may be promulgated from time to time by the Borough Council.

5-3.9.

Police Inspection. The police of the Borough may inspect any bicycle on any public street or place at any time to ascertain whether or not it has been properly registered; has a registration tag or decal properly fixed thereto; and is in proper mechanical condition to be operated safely.

5-3.10.

Violation and Penalty.

In the event that a bicycle is being used or operated without the registration tag or decal, or is in such condition as to be unfit for safe operation, or there is a failure to comply with the requirements of this section, the police may impound the bicycle until such time as the owner or registrant has procured the necessary registration tag or decal, or has rendered the bicycle safe for use or has fully complied with all requirement of this section.

Whenever any bicycle shall be impounded for violation of the provisions of this section, it shall be surrendered at the expiration of the impounded period to the parents or the guardian of the offender on the payment of a charge for storage, at the discretion of the Chief of Police.

5-4.1.

Purpose. The Borough Council does specifically find and determine that a substantial number of incidents involved in the violation of public peace are committed by minors and in a significant part are occasioned by the failure of the parent of the minor to exercise reasonable control and supervision of such minor. There presently exists in the State of New Jersey certain statutes which do afford a means whereby parents are alerted to the responsibilities to both the minor and to society in general and it is the legislative judgment of the Borough Council, after investigation of all facts, that supplemental local legislation is desirable and necessary to accomplish and enforce effective parental control and responsibility over minors. It is this void that this section is intended to fulfill, pursuant to N.J.S.A. 40:48-1.

5-4.2.

Certain Acts Prohibited. It shall be unlawful for any parent to assist, aid, abet, allow, permit, suffer or encourage such minor to commit a violation of the public peace, as defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor.

5-4.3.

Presumption of Violation. If a minor has been convicted before a court of competent jurisdiction of an act defined as juvenile delinquency, or juvenile offense, which conviction the parents shall be rebuttably presumed to have knowledge of, and such minor shall again be charged and convicted of the same classification of offense, then, in that event, it shall be rebuttably presumed that the parent allowed, permitted and suffered the minor to commit a violation of the public peace.

In order to sustain a conviction under this section, it shall not be necessary to prove that the minor resided in or with the offending parent.

5-4.4.

Cumulative Remedy. The imposition of a penalty under section 1-7 for violation of this section shall not preclude the state or any other person of the right to proceed under any other legally available remedies.

5-5.1.

Prohibited Acts. No person shall fire, discharge, set off or cause to be fired, discharged or set off any firearm, firecracker, roman candle or other firework or explosive, or fire, discharge or set off any firearm whereby any shot, bullet or other missile is shot, scattered or projected within 300 feet of any road or building, except as provided in subsection 5-5.2.

5-5.2.

Special Permit; Imposition of Regulations.

Permit. The Chief of Police of the Borough shall be authorized to issue a permit for the discharge of firearms when:

The Chief of Police determines that the health, safety and welfare of persons in the Borough will not be impaired.

Such use is allowed under the terms of the zoning ordinances or by a variance recommended by the Zoning Board of Adjustment and approved by the Borough Council.

Regulations. The Chief of Police shall have the right to impose reasonable rules and regulations concerning the discharge of firearms by special permit. The standards for determining such rules and regulations shall be based upon the health, safety and welfare of the citizens of the Borough.

5-5.3.

Exceptions. The provisions of this section shall not apply to the members of the Police Department of the Borough, the members of any municipal, county or state police department, detectives of the office of the Prosecutor of the Pleas of Bergen County, or any other person authorized by the statutes of New Jersey to carry firearms, when the firearms shall be used in the performance of official duties.

5-6.1.

Consumption. No person shall consume alcoholic beverages, or possess an open container of alcoholic beverage while:

In or on a public street, lane, sidewalk, public parking lot, public or quasi-public place or in any public conveyance; or

In a private motor vehicle while the same is in motion or parked in any public street, lane or public parking lot; or

Upon any private property not his/her own without the express permission of the owner or other person having authority to grant such permission.

5-6.2.

Discarding of Containers. No person shall discard alcoholic beverage containers upon any public street, lane, sidewalk, public parking lot, public or quasi-public place or upon any private property not his/her own without the express permission of the owner.

5-6.3.

Violation; Penalty. Every person who drinks or has in his/her possession an open container of any alcoholic beverage in any public or quasi-public place or on a public street or thoroughfare in the Borough shall, upon conviction thereof by the Magistrate of the Municipal Court, be subject to a fine in an amount not exceeding $500 for each offense or violation, and in default of payment thereof be imprisoned in the county jail for a period not exceeding 30 days in the discretion of the court.

5-7.1.

Established. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, the Drug Free School Zone Map on file in the office of the Borough Clerk, and as may be amended from time to time, is hereby approved and adopted as an official finding and record of the location and areas within the Borough of property which is used for school purposes and which is owned by or leased to an elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.

The drug free school zone map approved and adopted herein shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug free school zones.

5-7.2.

Notice of Change. The School Board or the Chief Administrative Officer in the case of any private or parochial school is hereby directed and shall have the continuing obligation to promptly notify the Borough Engineer and the Borough Solicitor of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school board and which is used for school purposes.

5-7.3.

Copy of Map. The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 5-7.1 and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file.

It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the Clerk of Bergen County and to the office of the Bergen County Prosecutor.

5-7.4.

Findings.

All of the property depicted on the map approved and adopted by the Borough Council as school property was owned by or leased to a school or school board and was being used for school purposes as of the date of such adoption or revision.

All of the requirements set forth in N.J.S.A. 2C:35-7 concerning the preparation, approval and adoption of a drug free school zone map have been complied with.

5-8.1.

Return of Borrowed Material. No person shall detain or fail to return any book or article borrowed from the Free Public Library of Carlstadt contrary to the rules and regulations of the library after 30 days have elapsed from the date of posting by certified mail, return receipt requested, of a notice demanding return thereof, addressed to such person at the last address furnished to the library.

5-8.2.

Damage or Destruction of Library Property. No person shall wilfully or maliciously cut, tear, deface, disfigure, damage or destroy any book or other article or any part thereof, which is owned by or is in the custody of such library.

5-8.3.

Fraudulent Borrowing. No person with intent to defraud shall register or furnish a false name or address, or use any card other than the one issued by the library to such person for the purpose of borrowing any book or article from such library.

5-9.1.

Litter in Public Places. No person shall sweep, throw or deposit litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place, or any pond, lake, stream or other body of water within the Borough, except in public receptacles or in authorized private receptacles for collection, or in official Borough dumps. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

5-9.2.

Sweeping Litter into Gutters Prohibited. No persons, including merchants owning or occupying a place of business, shall sweep into or deposit in any gutter, street, catchbasin or other public place within the Borough the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

5-9.3.

Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Borough, or upon private property.

5-9.4.

Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within the Borough unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the Borough, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.

Any person operating a vehicle from which any glass or objects have fallen or escaped, which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay the costs therefor.

5-9.5.

Transportation from Outside Borough. No person shall bring, cart, remove, transport or collect any litter from outside the Borough, or into the Borough, for the purpose of dumping or disposing thereof, unless so authorized by the Borough.

5-9.6.

Handbills. No person shall cast or place or cause to be cast or placed any advertisement, handbill, circular or paper on any public street, on sidewalks, into any vestibules or yards, upon porches of any dwelling house or other buildings, or into any vehicle while on the public highways or on private property within the Borough, except that this subsection shall not apply to newspapers and addressed envelope delivered to subscribers at their addresses. Advertisements, handbills, circulars and papers may be distributed in the Borough, provided they are securely placed at each dwelling so as not to be blown away by the wind.

5-9.7.

Duties of Owners and Tenants to Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.

5-9.8.

Use of Litter Receptacles. Litter receptacles shall be required and serviced in the following public places by the proprietors of such places or sponsors of such events:

Sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear quarter mile without a receptacle.

Buildings held out for use by the public, including schools, government buildings and railroad and bus stations.

Parks.

Drive-in restaurants.

All street vendor locations.

Self-service refreshment areas.

Construction sites.

Gasoline service stations islands.

Shopping centers.

Parking lots.

Campgrounds and trailer parks.

At special events to which the public is invited, including sporting events, parades, carnivals, circuses and festivals.

The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.

5-9.9.

Storage of Waste.

Household Waste. It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste, including household appliances, furniture and mattresses, in areas zoned residential.

Open or Overflowing Waste Disposal Bins. It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his/her property.

Construction Sites. It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or after completion of any construction or demolition project. It shall be the duty of the owner, agent or contractors in charge of a construction site to furnish containers adequate to accommodate flyable and non-flyable debris or trash at areas convenient to the construction areas, and to maintain and empty the receptacles in such a manner and with such frequency as to prevent spillage of refuse.

5-9.10.

Notice to Remove. Police officers of the Borough shall notify the owner of any open or vacant private property within the Borough, or the agent of the owner, to properly dispose of litter located on the owner's property which is dangerous to public health, safety or welfare. The notice shall be by registered mail, addressed to the owner at his/her last known address, and shall state the acts to be performed by the owner or tenant, as well as the penalty for failure to comply with the notice.

5-9.11.

Prosecution in Municipal Court. If the owner or tenant to which notice is sent neglects or refuses to comply with the notice within 10 days of its receipt, the Borough shall cause a complaint to be brought against him/her in Municipal Court.

5-9.12.

Exception. Nothing contained in this section shall prevent the accumulation of any compost or manure for fertilization of the soil. In this case, the same shall be stored, kept or placed in conformity with local or state health regulations so that it will not become a nuisance to any person or persons living within the area where such compost or manure is kept or maintained; and provided, further that all such accumulations must be kept at least 100 feet from any dwelling house or store owned by another occupant.

5-9.13.

Pet Waste.

Purpose. The purpose of this subsection is to establish requirements for the proper disposal of pet solid waste in the Borough of Carlstadt, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

IMMEDIATE

That the pet solid waste is removed at once, without delay.

OWNER/KEEPER

Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

PET

A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.

PET SOLID WASTE

Waste matter expelled from the bowels of the pet; excrement.

PROPER DISPOSAL

Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.

Requirement for Disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.

Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this subsection while such animal is being used for that purpose.

Enforcement. The provisions of this subsection shall be enforced by the Health Officer, local Board of Health and/or the Police Department, Enforcement Officers or other persons as may be designated by the Mayor and Council in and for the Borough of Carlstadt.

Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $25 for the first offense and $50 for each subsequent offense.

5-10.1.

Prohibited Noises. It shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him/her or upon any public street, alley or thoroughfare in the Borough any unnecessary noises or sounds by means of the human voice, or by any other means or methods which are so harsh or so prolonged or unnatural, or unusual in their use, time and place as to occasion physical discomfort or which are injurious to the lives, health, peace and comfort of the inhabitants of the Borough.

5-10.2.

Definition of Noise. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:

Radios, Televisions, Phonographs. The playing of any radio receiving set, television, musical instrument, phonograph or other machine or device for the production or reproduction of sound with louder volume than is necessary for convenient hearing of the person so playing, using or operating such instrument or device and any persons who are voluntary listeners thereto, or in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants.

Loudspeakers, Amplifiers for Advertising. The playing, for advertising purposes or for the purpose of attracting the attention of the passing public, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound upon the streets or public places of the Borough, in any place where the sound therefrom is cast directly upon the streets or public places or which is so placed and operated that the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place or of persons in neighboring premises.

Horns, Signaling Devices. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle, except when required by law or when necessary to give timely warning of impending danger to persons driving other vehicles or to persons upon the street; as well as the sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle which shall emit an unreasonably loud or harsh sound, or for any unnecessary or unreasonable period of time.

Yelling, Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.

Animals, Birds. The keeping of animals or birds which, by causing frequent or long-continued noise, disturb the comfort or repose of any person in the vicinity.

Whistles. The blowing of any whistle, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper Borough authorities, or as may be required by general law or ordinance.

Exhaust. The discharge into the open air of the exhaust of a steam engine, internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.

Defect in Vehicle or Load. The use of an automobile, motorcycle or vehicle so out of repair, so loaded or in such manner that it creates loud and unnecessary grating, grinding, rattling or other noise.

Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

Construction or Repair. The carrying on of excavation, demolition, construction, repair or alteration work, other than between the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays; the carrying on of construction, repair or alteration work by a homeowner on his/her own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m.

In the case of urgent necessity or in the interest of public health or safety, the Borough Engineer may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, which may be renewed for additional periods of three days, while the emergency continues by the terms of which permit such work may be carried on during the hours specified in the permit.

Schools, Courts, Churches, Hospitals. The creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use, or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital or court street.

If the Borough Engineer should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and if (s)he shall further determine that loss or inconvenience would result to any party in interest, (s)he may grant permission for such work to be done between the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.

No work involving the erection, demolition, alteration or repair of any building or the excavation or the movement of any dirt shall be done on Sunday, except with a permit which may be granted by the Borough Engineer in accordance with the conditions set forth above.

Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

Metal Rails, Pillars and Columns; Transportation Thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner, so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

Railroad Cars and Buses; Operation Thereof. The causing, permitting or continuing of any excessive, unnecessary and avoidable noise in the operation of railroad cars, locomotives and buses.

Pile Drivers; Hammers. The operation, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver, steam shovel, bulldozer or other earthmoving machinery, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

Blowers. The operation of any hoist-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noises.

Outside Alarms. The user of any alarm system emitting an audible or visible response shall, at the time such system is installed, cause to be installed an automatic timing device which shall deactivate such alarm so that it will be activated for no more than 15 minutes. All outside alarms shall be registered with the Police Department, and the registered owner shall provide the Police Department with an emergency phone number, as well as an alternate phone number, where someone with responsibility in relation to the alarmed premises may be contacted at any time by the Police Department.

Public Sales, Taxicabs. Public outcries shall be prohibited at or for any public sale or auction, or to advertise any goods, wares or merchandise for sale, or to attract any attention, or to gain passengers for any cab, taxicab, hack or omnibus.

The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.

5-10.3.

Exceptions. Nothing herein contained shall be construed to apply to:

The use of bells, chimes or sound amplifiers by churches or church activities.

Activities of the municipal departments in the performance of their duties, drills or public demonstrations.

Activities in the public parks, playgrounds or public buildings under the permission or authority of the Borough officials.

The playing by a band or orchestra in a hall or building or in the open air.

Any public utility as defined in N.J.S.A. 48 or any employees of such public utility when such public utility or its employees shall be engaged in performing work to prevent or terminate the interruption of its service rendered to its customers.

5-10.4.

Sound Trucks. Sound trucks may be operated in accordance with the following regulations upon the issuance of a permit by the Borough Council for each occasion and each location.

Sound trucks shall not be operated in residential zones in the Borough before 9:00 a.m. and after 7:00 p.m.

Sound trucks shall not be operated in commercial zones in the Borough before 9:00 a.m. and after 9:00 p.m.

Moving sound trucks shall keep to the extreme righthand side of the road and shall proceed at a speed of not less than 10 miles per hour.

Stationary sound trucks are prohibited in all residential zones in the Borough, but may be operated in commercial zones during the hours referred to above.

For the purposes of this subsection "residential zones" shall mean the zones so described on the Zoning Map of the Borough and "commercial zones" shall mean and include all parts of the Borough other than residential zones.

5-11.1.

Obstruction Prohibited. No person shall place in any street or sidewalk in the Borough any article which would tend to obstruct the free passage of pedestrians and vehicles along the streets or sidewalks. The following are examples of items which tend to obstruct the free passage of pedestrians and vehicles, but such enumeration is intended to be typical only and shall not be construed to be exclusive, namely, merchandise, signs, showcases, crates and barrels and other materials or equipment used in connection with the operation of a trade or business.

5-11.2.

Exceptions. This section shall not apply to the following:

Obstructions caused by the loading or unloading of merchandise or equipment to and from vehicles, provided this is done in a manner which reduces the obstruction to the absolute minimum which is necessary or unavoidable.

Receptacles for garbage, ashes or refuse lawfully placed on a sidewalk for collection.

The space within three feet of the front line of any dwelling, house, shop or other building if that space is appropriated and used by the occupant or owner.

Materials placed on a street or sidewalk in accordance with permission granted by any other provision of this revision.

5-12.1.

Purpose. The purpose of this section shall be to establish rules and regulations for the protection, care and control of the public land, parks and playgrounds in the Borough and to regulate the conduct of persons on such public land, parks or playgrounds and using the facilities thereof.

5-12.2.

Prohibited Acts.

No alcoholic beverages or other controlled drugs shall be allowed in any park at any time.

No persons shall injure, deface, remove, disturb, tamper with, damage or destroy any trees, shrubs or other plant life or any structure, equipment, walkway or utility equipment or any monument, post or other appurtenance erected or marked for a lawful purpose; or injure or in any way interfere with the operation of any machinery or equipment used under the direction of the Borough or any of its departments or agents; or deface, destroy, alter, damage or tamper with any drive, path, walkway, bridge, parking area or shelter, or remove or carry away any asphalt, concrete, stone, wood, gravel, clay or earth or make any excavation of any kind.

No person shall hurt, molest, kill, trap, chase, shoot or throw missiles at any wildlife nor shall (s)he remove or molest the eggs or the young of any wildlife.

No person shall handle, build or maintain a fire within any park.

No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other flammable material within any park or on any street abutting or contiguous thereto.

No person shall bring into any park, or use in any park, any fireworks or firearms or similar weapons or instruments, nor shall any person take part in the practice of archery or golf, except in areas which may be designated for that purpose.

No person shall cast, lay, drop or discharge into or leave in any water fountain, storm sewer or drain in any park any substance, matter or thing, liquid or solid.

No person shall drive, operate, use or bring into any park any horse or motorized vehicles, except those vehicles which are otherwise authorized and then only in areas designated for parking or operation. No person shall drive or park on grassed areas.

No person shall act in a disorderly manner nor enter any park in an intoxicated condition.

No person shall operate, use or bring into any park any skate board, rollerblades, roller skates, scooters, go-carts, bicycle, tricycle, or similar device, motorized or self-propelled, when there is a Borough-sanctioned event in progress.

No person shall repair any motor vehicle within any park, playground or recreational area.

No person shall use any sound amplification equipment or play any radio, television or musical instrument at a volume which would tend to annoy other persons who may use the area, except for such entertainment specifically authorized by the Borough.

No person shall allow their dog to run at large in any park, playground or recreational area.

No person shall feed, in any public park or on any other property owned or operated by the Borough of Carlstadt, any wildlife.

Definitions. For the purpose of this paragraph, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this paragraph clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

FEED

To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the activities of the local animal control officer.

PERSON

Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.

WILDLIFE

All animals that are neither human or domesticated.

Enforcement.

(a)

This paragraph shall be enforced by the Police Department.

(b)

Any person found to be in violation of this paragraph shall be ordered to cease the feeding immediately and shall be subject to the penalties as set forth herein.

Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this paragraph shall be subject to a fine not to exceed $25 for the first offense and $50 for each subsequent offense.

No person shall distribute circulars or other written material or affix any placards, stickers or signs in or on courts, rinks, parks, playgrounds or fields without permission from the Mayor and Council.

[Added 10-28-2020 by Ord. No. 20-8]

5-12.3.

Permit Required for Group Use. Groups of 25 persons or more desiring to use park facilities shall obtain a permit from the Borough for specific areas. Applications for such permit shall be made to the Recreation Committee and shall be approved subject to availability and that the intended use is consistent with park purposes.

5-12.4.

Hours of Operation.

Public Courts and Rinks. All public courts and rinks located throughout the Borough, unless otherwise specified herein, shall be open to the public from 9:00 a.m. to one hour after sunset.

[Amended 10-28-2020 by Ord. No. 20-8]

Playgrounds. Except for an unusual or unforeseen emergency, Stepanek Park, located on Washington Street, and the two playgrounds located at Second and Broad Streets and Ninth Street shall be open to the public every day of the year from dawn to dusk. A sign shall be posted in each individual park for public information as to such opening and closing.

Lindbergh Field. Utilization of Lindbergh field at any time from 9:00 a.m. to 10:00 p.m. shall be by permit as set forth in Subsection 12-5a. Utilization beyond 10:00 p.m. shall require permission from the governing body. Permit holders shall have first preference in utilization of the field.

Basketball Court. The basketball courts located behind Stepanek Park on Washington Street and Ninth Street shall be open to Carlstadt residents only. The Basketball Courts shall be open from 9:00 a.m. to one hour after sunset. A sign shall be posted in each individual basketball court for public information as to such opening and closing. Residents shall be permitted to utilize the courts for play with nonresident guests provided that the residents remain with the nonresident guests during usage of the courts and provided guests do no otherwise compromise the ability of residents to enjoy the use of the courts.

[Amended 10-28-2020 by Ord. No. 20-8]

Closed Areas. Any section or part of any park may be declared closed to the public by the Borough at any time and for any interval of time, either temporarily or at regular and stated intervals, daily or otherwise, in either entirely or merely to certain uses, as the Borough shall find reasonably necessary.

Park Areas.

Village Green. The park area located at the Village Green (Broad Street between Third and Fourth Streets), shall be open to the public every day of the year.

Zimmermann's Park. The park area located at Zimmermann's Park (6th Street, including Woods Hill) shall be open to the public every day of the year from dawn to dusk. Under no circumstances shall the park area be utilized by any person after dusk, except by special permission of the governing body.

5-12.5.

Permits.

Request for Lindbergh Field. A permit shall be obtained from the Recreation Committee Chairperson or such other person as shall be designated by the Borough for use of the playing fields at Lindbergh Field.

Preference. Permit holders shall have first preference in utilization of the field. First preference for utilization of such fields shall be given to Carlstadt residents or Carlstadt resident organizations.

Compliance with Regulations. A permittee shall be bound by all park rules and regulations and all applicable ordinances fully as though the same were inserted in the permit.

Liability. Any person, except Borough-sponsored recreation programs, to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person or for any damage to property by reason of the negligence of the person or persons to whom such permit shall have been issued, or that of their invitees or group members.

Revocation. The Recreation Committee Chairperson, or such other person as shall be designated by the Borough, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause shown. In the absence of the Recreation Committee Chairperson, or such other person as shall be designated by the Borough for this purpose, the govering body shall have the full power to revoke such a permit upon the finding of violation of any rule or ordinance, detrimental conditions to the park or upon good cause shown.

5-12.6.

Enforcement. The Police Department shall:

Diligently enforce the provisions of this section.

Have the authority to eject from the park any person acting in violation of this section.

Have the authority to seize and confiscate any property, thing or device in the park used in violation of this section.

5-12.7.

Interference with Police Officer. No person shall interfere with or fail to obey any police officer or park and playground personnel in the proper performance of their duties.

5-13.1.

Begging. No person shall go about from door to door or place himself/herself in streets, highways or passages to beg or solicit alms or charity; nor wander abroad and beg or solicit charity under pretense of being or having been soldiers, marines or seafarers or of having suffered loss by fire or other casualty, or by war or other pretense or thing.

5-13.2.

Public Offensive Language; Obstruction of Public Passage.

(Reserved)

No person, on any street, at any street corner or in any public place, or any railroad train or other public conveyance with the Borough, shall indulge in and utter loud, offensive or indecent language, or address or make audible any offensive remarks or comments upon any persons passing along such streets or public places or in any such railroad train or other public conveyance.

No person shall obstruct or interfere with any person lawfully being in and upon any street or public place or any train or other public conveyance with the Borough.

5-13.3.

Dumping. No person who shall dump any abandoned automobile, automobile parts or other junk on or upon any open fields or other private or public property without first obtaining the permission of the owner of such property.

5-13.4.

Disturbances or Noise in Public Libraries. No person shall, be noisy or disorderly in a public library or reading room, disturb or interrupt the quiet and good order of those who resort to and use such library or reading room for reading or study.

5-13.5.

Disturbance in Schools. No person shall enter the building or go upon the lands belonging to a public school district or used and occupied for school purposes by a public school, and break, injure or deface such building, or any part thereof, or the fences belonging to or connected with such building or lands, or disturb the exercises of the school, or molest or give annoyance to the children attending such school or any teacher therein.

5-13.6.

Public Disrobing or Indecent Exposure. No person on any public street, road or avenue or in any park or other public place shall disrobe or make any indecent exposure of his/her person, commit or do any lewd or indecent act or behave in a lewd or indecent manner.

5-13.7.

Disrobing in Vehicles. No person shall disrobe in any automobile, truck or other vehicle while the same is on any public street, road or avenue or in any park or other public place.

5-13.8.

Maintaining Disorderly Premises. No person shall permit any house, shop, store or other building or structure owned or occupied by him/her to be frequented or resorted to by noisy, riotous or disorderly persons, or by prostitutes, gamblers or vagrants engaged in such respective pursuits.

5-13.9.

Interference with Operators of Vehicles. No person who is a passenger in any automobile or other motor vehicle shall act in a rough, unruly or boisterous manner, thereby interfering with, or distracting the attention of the operator of such automobile or other motor vehicle and endangering the safe and proper operation thereof.

5-13.10.

Playgrounds and Recreation Places. Any violation of the rules and regulations regarding playgrounds and recreation places made by the Board of Recreation Commissioners shall subject the violator, upon conviction, to the penalties set forth in section 1-7 of this revision.

5-13.11.

Repair of Vehicles. No person shall make repairs to any vehicle in any street or highway within the Borough, except those necessitated by emergency.

5-13.12.

Improper behavior.

[Added 6-15-2021 by Ord. No. 21-7]

It shall be unlawful for any person to conduct himself or herself in such a manner as to:

Clearly cause an immediate, actual and probable physically violent reaction of any person, thereby creating a threat to the peace and order of the public.

Cause disturbance or annoyance to the comfort or repose of any person.

It shall be a prerequisite to any charge for a violation hereof that the actor has first been directed by a police officer or other municipal official to cease and desist such improper behavior and to have refused or failed to obey such direction.

5-14.1.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CART

A hand-drawn or propelled vehicle or wheeled container made of plastic, metal, wood or other material such as provided by merchants for the use of their customers and patrons in carting or carrying goods, wares and merchandise.

MERCHANT

Individual who owns, operates or manages a business or premises for purposes of offering for sale or selling goods to customers, patrons or the general public.

OWNER

See "merchant" above.

SHOPPING CART

See "cart" above.

STREET

Includes any street, avenue, road, alley lane, highway, boulevard, concourse, driveway, culvert, crosswalk, sidewalk, park, public parking lot, public parking area and public places used by the general public.

5-14.2.

Labeling of Carts Required. Any merchant providing to his customers or patrons shopping carts which, being mounted on wheels, are able to be moved off the premises of such merchant shall cause to be placed and maintained upon such shopping cart in a conspicuous manner the name of the owner thereof and shall attach thereto a plainly visible metal or plastic identification tag bearing the number of the cart. The merchant shall likewise place and maintain thereon in such conspicuous manner a further notice reading as follows: "The removal of this cart from these premises is prohibited by law."

5-14.3.

Right of Entry for Inspection. The Department of Public Works or members of the Police Department or Borough Code Enforcement Officers shall be authorized to enter upon premises at any reasonable hour of a business day where carts are provided for purposes of inspecting carts for proper identification and otherwise effecting compliance with the provisions of this section.

5-14.4.

Failure to Properly Label Carts. Any merchant or owner of a premises who fails to label shopping carts as required by Subsection 5-14.2 shall be subject to summons for violation of this section and subject to the penalties as provided for in Subsection 5-14.12 below.

5-14.5.

Removal of Carts from Owner's Premises Prohibited. No person shall move, push or carry any shopping cart belonging to and bearing the name of another person or owner upon any street, sidewalk or other public place or private property other than the premises of the owner of the shopping cart.

5-14.6.

Duty of Business to Clear Carts from Sidewalks and Other Areas. The merchant operating a place of business which supplies shopping carts for use of customers or patrons shall keep the sidewalk, parking lots and parking areas in front of the business premises clear of such shopping carts by removing therefrom any shopping carts left thereon by customers or patrons; provided, however, that he may, while his place of business is open, maintain in a suitable area not interfering with the ingress and egress of customers or patrons on foot or in automobiles a place for the orderly collection of such shopping carts. No person using a shopping cart shall leave the same in any place outside of the premises of the owner other than in the designated outside collection area.

5-14.7.

Leaving Shopping Carts on Streets or Private Property Prohibited. It shall be unlawful for any persons to leave or suffer to permit to be left any cart, either owned by him or in his possession, custody or control upon any public thoroughfare or upon any private property not his or her own.

5-14.8.

Removal and Storage of Carts. The Department of Public Works shall remove or cause to be removed any cart found upon any street and shall take the cart to a place provided by the Borough where it shall be held until redeemed, sold or otherwise disposed of as hereinafter provided in this section.

5-14.9.

Notice to Owner; Redemption Charges.

Any properly identified cart as required by Subsection 5-14.2 above that shall be observed by the Police Department will be reported to the merchant or business owner who shall have four hours to retrieve the cart without incurring any charge or penalty. Thereafter, the cart shall be subject to seizure and storage by the Department of Public Works as provided for in paragraph b.

Whenever the Department of Public Works shall take any cart into their possession bearing identification of ownership or right to possession, a notice shall be sent to such person advising him that such cart is being held or stored and that it may be redeemed upon payment to the Borough of Carlstadt the fee or charge of $25 prior to a sale, dismantling, destruction or disposal thereof.

5-14.10.

Sale of Cart After Six Months; Redemption by Owner After Advertisement.

When any cart remains in the custody of the Borough for six months after coming into its possession and with respect to which no ownership can be determined or no person has presented to the Borough proof establishing to the Borough's satisfaction a person's ownership or right to possession, such cart shall be deemed abandoned and the Borough may dispose of the cart at auction or in any other manner deemed appropriate in accordance with N.J.S.A. 40A:14-157 and the proceeds thereof shall be deposited in the general funds.

If the Borough shall give public notice that, at a specified time and place, such cart will be sold at public auction at a sale to be conducted by the Borough Clerk or by such other persons as the Mayor and Council shall designate, and an owner or other person entitled to redeem any cart should establish to the satisfaction of the Borough their ownership or right to possession, the owner or person entitled to redeem any cart may, prior to the sale, redeem the cart and pay to the Borough or its duly authorized agent the sum of $50.

5-14.11.

Disposition of Funds Collected. Upon a redemption or sale of a cart, the proceeds shall be deposited in the general funds of the Borough or used in such a manner as shall be designated by the Mayor and Council.

5-14.12.

Violations and Penalties.

Upon notice from the Carlstadt Police Department of the location of a cart on a Borough street or thoroughfare as provided in Subsection 5-14.9 above, the failure to recover within four hours those shopping carts removed from the premises for which such notice has been given will subject the merchant or business owning the cart to be fined an amount established in Paragraph B for each cart not so recovered; provided, however, that no fine shall be assessed for any shopping cart the number of which had been previously reported to the police to be missing after a search had been conducted for same.

For any violation of this section for failure to properly identify or for failure to recover a shopping cart after notice, a fine of $250 per cart shall be assessed against the owner of the cart.

5-15.1.

Duty to Remove. The owner, occupant or tenant of premises abutting or bordering upon any street in the Borough, shall remove snow and ice from the abutting sidewalks of such streets or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the ice to be covered with sand or ashes within 12 hours of daylight after the same shall fall or be formed thereon.

The owner, occupant or tenant of premises used by the public or business invitees shall remove snow and ice from the sidewalks, streets and parking areas used by the public in the transaction of business thereat and, in the event of ice which may be so frozen as to make removal impracticable, shall cause the ice to be covered with sand or ashes within 12 hours of daylight after the same shall fall or be formed thereon.

5-15.2.

Authority to Remove. In case snow or ice shall not be removed from such sidewalks or shall be cast, deposited or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises as hereinabove provided, the same shall be removed under the direction of the superintendent of public works, and the cost of removal as nearly as can be ascertained shall be certified by the superintendent of public works to the director of finance. The Borough Council shall examine the certification and if found to be correct, shall cause the cost to be charged against the real estate abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax in the way and manner as the taxes next to be levied and assessed upon the premises, and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or any other penalty for violation of any of the provisions of this section shall not affect the right of the Borough to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.

5-15.3.

Throwing Upon Street. No person shall plow, throw, place or otherwise deposit any snow or ice removed from any parking area, driveway or sidewalk into or upon any street, sidewalk or other public thoroughfare in the Borough.

5-16.1.

Protection of Property; Clearing of Weeds, High Grass, Leaves. For the purpose of affording additional protection to property in the Borough against fire and better health and safety protection, the owners, tenants in possession and persons having or exercising the control or management of all lots and parcels of land situated within the Borough shall at all times:

Keep such lands free of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, high grass, garbage, trash and debris, where the same are inimical to the preservation of public health, safety or general welfare of the Borough residents or which may constitute a fire hazard.

Where such lands abut or border upon any public street or avenue in the Borough, removal all grass, weeds, brush and other impediments from that part of the street or avenue bordering on their respective lands.

Where brush, hedge and other plant life are growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, keep and maintain the same cut to a height of not more than 2 1/2 feet.

5-16.2.

Failure to Comply with Requirements; Violations and Penalties. If any owner, tenant in possession or other person having or exercising the control or management of any lot or parcel of land situated within the Borough shall refuse or neglect to clear such weeds, brush, bushes, leaves, high grass or rubbish, as required by section 5-16.1, within 10 days after being notified in writing to do so, such owner, tenant in possession or other person having or exercising the control or management of the same shall be in violation of this section and subject to the penalties set forth in sections 1-7 and 1-8 of this revision.

5-16.3.

Removal. Whenever the Chief of Police shall deem it necessary and expedient for the preservation of the public health, safety, general welfare or the elimination of a fire hazard, or upon investigation of a complaint of any resident, officer or employee of the Borough, (s)he may order the owner, tenant or person in possession of any lands on which any grass, weeds, trash, debris or other impediments are found to exist, to remove the same within 10 days, or to cause the removal thereof. If such order is not complied, with the Borough may order the owner, tenant or person in possession of any lands on which any grass, weeds, trash, debris or other impediments are found to exist, to remove the same within 10 days, or to cause the removal thereof if such order is not complied with.

5-16.4.

Notice to Remove. After an investigation of any complaint of any resident, officer or employee of the Borough, or upon his/her own motion, the Chief of Police shall make a report of the conditions complained of, in writing, and notify the owner, tenant or person in possession of the lands complained of, in writing, delivered either personally or by registered mail, to remove such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash, debris or other impediments within 10 days after receipt of notice to do so. The Chief of Police shall reinspect the lands in question after the ten-day period shall have expired.

5-16.5.

Cost of Removal. In the event the owner, tenant or person in possession of the lands in question shall refuse or neglect to abate or remedy the condition complained of within 10 days after receipt of notice, the Chief of Police shall cause the condition complained of to be abated and remedied and shall certify the cost thereof to the Mayor and Council, who shall examine the certificate and, if found correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.

5-17.1.

In the Carlstadt Memorial Municipal Building.

Prohibition. No person shall smoke or carry lighted tobacco in any part of the Carlstadt Memorial Municipal building located at 500 Madison Street, Carlstadt.

Fines and Penalties. For violation of this section a person may be imprisoned for up to 30 days, fined up to $200, or both, in the discretion of the court.

5-17.2.

By Any Minor.

Findings.

Cigarette smoking has been identified as a significant and preventable health hazard as a probable addictive practice with serious consequences, especially for minors.

The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors pursuant to N.J.S.A. 2A:17-51.

Substantial evidence exists that despite such law, minors continue to purchase and use tobacco products.

Substantial and legitimate public purpose exists for the Borough to act to further promote and protect the health, safety and welfare of its inhabitants, especially minors, by proscribing the use and possession of tobacco by minors in public places.

Definitions.

ELECTRONIC SMOKING DEVICE

An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.

LIQUID NICOTINE

Any solution containing nicotine which is designed or sold for use with an electronic smoking device.

LIQUID NICOTINE CONTAINER

A bottle or other container of liquid, wax, gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed or intended for use in a vapor product.

MINOR

Any person under the legal age.

PUBLIC PLACE

Any building or enclosed structure open to the public, and any street, road, sidewalk, walkway, park or open public place or to possess in open view, an opened pack, opened carton or other opened container holding a tobacco product or any electronic smoking device or substance intended for use in such device in any public place.

TOBACCO

Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including, but not limited to, cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.

VAPOR PRODUCT

Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or any form, including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container of nicotine in a solution or other form intended to be used with, or in, any such device.

Prohibition; Exception.

Prohibition. It shall be unlawful for any minor to smoke or use a tobacco product in or on any public place or to possess in open view, an opened pack, opened carton or other opened container holding a tobacco product in any public place.

Exception. This subsection shall not apply to a minor smoking or using tobacco in a nonpublic place which constitutes the residence of the minor or his/her parent, parents or guardian.

Violations and Penalties.

First Offense.

(a)

A verbal warning will be given to the offender by the officer observing the violation. Any tobacco product in the possession of the minor will be taken by the officer when the violation is observed. The officer will take the offender's name, age, address and telephone number, along with information on parents or guardians. This information will be maintained at the Police Department along with the date and place of the offense. The same information will be taken and maintained when given by a concerned private citizen.

(b)

Unless there are other violations outstanding, or the offender is uncooperative, (s)he will not be taken into custody for this violation. The information obtained will be turned over to the juvenile officer who will advise the parents or guardian of the incident.

Second Offense. The officer observing the violation will take all necessary information along with removing any tobacco products from the minor. The juvenile officer, or his/her designee, will arrange a station house adjustment with the offender the and the offender's parents or guardian. The station house adjustment will involve discussion of the third phase of enforcement. In addition, educational materials will be provided for the offender and his/her family. This information will be maintained at the Police Department with the date and place of the offense. The same information will be taken and maintained when given by a concerned private citizen.

Third Offense. The officer observing the violation will take all necessary information along with removing any tobacco products from the minor. The juvenile officer, or his/her designee, will arrange to have the minor attend a two hour educational program to be run by the Police Department or they can be referred to a similar program such as the current program being conducted by the Valley Hospital. Attendance at this program is required by the minor. A parent or guardian may also attend the entire program. If the parent or guardian does not attend the entire program then a follow up conference is required with the juvenile officer or his/her designee. This information will be maintained at the Police Department with the date and place of the offense. The same information will be taken and maintained when given by a concerned private citizen.

If a period of two years or more passes after the commission of the third offense, the next offense will not be considered a fourth offense, but the procedure for a third offense violation will be repeated.

Fourth Offense. The officer observing the violation will take all necessary information along with removing any tobacco products from the minor. The juvenile officer, or his/her designee, will arrange to have the minor attend a six session smoke stop program offered by the Community Education Program at Valley Hospital, or an equivalent program. All costs involved for these programs shall be paid by the offender. This information will be maintained at the Police Department with the date and place of the offense. The same information will be taken and maintained when given by a concerned private citizen.

Fifth Offense. The officer observing the violation will take all necessary information along with removing any tobacco products from the minor. A juvenile complaint will be issued to the offender for an appearance in juvenile or municipal court. This information will be maintained at the Police Department with the date and place of the offense. The same information will be taken and maintained when given by a concerned private citizen.

5-17.3.

Within 10 Feet of Recreation Areas.

Prohibition. No person shall smoke tobacco within 10 feet of or on the property of any and all recreational facilities, parks, playgrounds, sports field, rinks and recreational properties that are owned, leased or operated by the Borough of Carlstadt.

Posting Signs. A "No Smoking" sign shall be clearly, sufficiently and conspicuously posted at every entrance to every such recreational facility where smoking is prohibited by this subsection. The sign(s) shall have the words "No Smoking within 10 Feet of this Facility" in lettering that is not less than two inches in height, and shall contain the international no smoking sign or symbol.

Violations and Penalties. It shall be a violation of this subsection for any person to smoke or carry a lighted cigarette, cigar or pipe where smoking is prohibited. Any person who violates the provision of this subsection shall be summonsed and may be subject at the discretion of the Court to the following penalties:

A fine not exceeding $100 for the first violation.

A fine not exceeding $200, but no less than $100, for the section violation.

A fine not exceeding $500, but no less than $200, for the third violation.

5-18.1.

Public Indecency. A person who knowingly or intentionally, in a public place, engages in sexual intercourse as defined by the New Jersey Statutes 2C:14-1; appears in a state of nudity; or fondles the genitals of himself, herself or another person, commits public indecency, a summary offense.

5-18.2.

Definitions.

NUDITY

The showing of the human male or female genital, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.

PUBLIC PLACE

Includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.

5-18.3.

Nonapplicability. The prohibition set forth in Subsection 1c shall not apply to:

Any child under 10 years of age; or

Any individual exposing a breast in the process of breastfeeding an infant under two years of age.

5-18.4.

Declaration of Public Nuisance. In addition to the specific penalties provided in this section, it is hereby declared that any building, portion of a building or enclosed place regularly used for the prohibited display of public nudity is a public nuisance, subjecting the owner, proprietor or other operator thereof to any and all actions authorized by the State of New Jersey for the abatement of public nuisances, including, but not limited to, the procedures set forth in 2C:33-12.1 of the New Jersey Criminal Code.

5-18.5.

Violations and Penalties. Whoever violates this section, either by commission of a public indecency or by the promotion or maintenance of public indecency, or by the promotion or maintenance of public indecency as property owner, proprietor or manager of a business, shall be guilty of a summary offense, and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or be imprisoned for not more than 90 days, or both. Each day such violation continues is a separate offense.

5-19.1.

Prohibited Acts.

No person shall purposely or knowingly vandalize, deface or otherwise damage the real or personal property of another by painting, writing, drawing or otherwise inscribing, in any fashion, graffiti. Graffiti shall include any form of painting, writing, drawing or inscription, regardless of content, which is placed on real or personal property without the express or implied permission of the owner of said property or public entity.

An "owner" of real or personal property is any person, business entity or public entity having possession, control or title to said property.

For purposes of Subsection 5-19.4 herein, the act of placing graffiti shall constitute the willful, malicious or unlawful injury or destruction to real or personal property.

5-19.2.

Prosecution of Minors. If, at the time of the offense charged, any person shall be under the age of 18 years, the Juvenile Domestic Relations Court shall have exclusive jurisdiction of the trial of such infant or infants, and such infant or infants shall be surrendered to the Juvenile Domestic Relations Court, and the case including all papers and process thereto, shall be transferred to the said Court as provided in N.J.S.A. 2C:4-11.

5-19.3.

Violations and Penalties; Restoration; Trust Account.

Any person who violates the provisions of this section shall, upon conviction thereof, be subject to imprisonment not to exceed 90 days or to a fine not to exceed $1,000. As a condition of sentencing, the Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged, provided that a determination is made that any restoration efforts made by the offender shall not subject the offender to unreasonable risk of death or serious physical injury or otherwise be in violation of law. In the event that the offender is unable for any reason to comply with the above, the Municipal Court shall have the authority to order that said offender make full monetary restitution to restore the property to its original undamaged condition. The Municipal Court shall have the full discretion to set the terms of restitution.

A Graffiti Trust Account maintained by the Borough specifically for the remediation of graffiti on public property within the Borough is hereby created. The Mayor and Council shall control the allocation of the funds in the Graffiti Trust Account for the remediation of graffiti within the Borough, which shall include cleaning, repairing, painting or otherwise restoring the damaged public property to the condition it was in prior to any damage. Any remediation of public property subjected to graffiti may be funded by the Graffiti Trust Account at the discretion of the Mayor and Council. Any person who violates the provisions of this section shall, upon conviction thereof, be subject to a mandatory fine of $50 to be paid to the Graffiti Trust Account.

Any private property that has been subjected to graffiti shall not be eligible for the Graffiti Trust Account. Such private property owner or tenant must remediate their property within 30 days of the initial discovery of the graffiti. Any private property owner or tenant failing to remediate its property within 30 days shall be in violation of this section and shall be subject to a mandatory fine of $50 to be paid to the Graffiti Trust Account. Any private property subject to this provision shall be entitled to full restitution for graffiti cleanup in the event that the offender is apprehended and convicted.

5-19.4.

Parental responsibility. Any parent, guardian or other person having legal custody over an infant under 18 years of age who fails or neglects to exercise supervision and control over such infant shall be presumptively liable for any destruction or damage caused by such infant under Subsection 5-19.1 above to the Borough of Carlstadt or any public authority under the Borough of Carlstadt, provided that the Borough or other public authority is the owner of the property subjected to said destruction or damage. Said parent may be held liable for the current costs of replacement or repair, and it shall be no defense that the cost of replacement or repair is greater than the original value of the damaged property or the original costs of installation.

5-19.5.

Reporting on Graffiti Trust Account. The Chief Financial Officer of the Borough of Carlstadt shall report annually to the Mayor and Council on the status of the Graffiti Trust Account. At the very least, such report shall include the amount currently in the fund and the amount allocated to graffiti remediation over the past year.

5-20.1.

Prohibition.

It shall be unlawful for any person to tattoo or pierce any part or parts of an individual under the age of 18 years who is not accompanied by a parent or legal guardian during the entire procedure.

All tattoo/body piercing establishments within the Borough of Carlstadt shall post a sign, not less than six inches by eight inches in a conspicuous place near each cash register in all retail establishments offering said services containing the following language:

"Tattooing or body piercing of a person under the of 18 years of age is prohibited by Borough Ordinance No. 02-8 of the Revised General Ordinances of the Borough of Carlstadt unless a parent or legal guardian is present throughout the entire procedure. A person who pierces/tattoos a person under 18 years of age shall be prosecuted in accordance with local ordinance."

5-20.2.

Identification Required.

It shall be unlawful to tattoo or body pierce an individual without first requesting and examining identification from both the minor's parent/legal guardian and the minor to positively establish legal guardianship and the minor's correct age.

It shall be unlawful to tattoo or body pierce an individual 18 years of age without first requesting and examining two positive forms of identification, one of which must be a birth certificate with raised seal or valid passport to conclusively determine the client is 18 years old or older.

5-20.3.

Number of Establishments. Not more than one license to operate a business of tattooing or piercing shall be issued for each 10,000 residents of the Borough, as published in the most recent census report issued by the United States Bureau of the Census.

5-20.4.

Violations and penalties.

Any person who directly or indirectly acting as agent or otherwise tattoos or body pierces a minor under the age of 18 years shall be subject to either or both of the following penalties:

A fine not to exceed $1,000.

Community service of not more than 90 days.

The continuation of such violation for each successive incident shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

5-21.1.

Definitions.

BONFIRE

An outdoor fire utilized for ceremonial purposes.

OPEN BURNING

The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed, when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.

PUBLIC AREAS

Parks, playgrounds, trails, paths and other recreational areas and open spaces; scenic and historic sites; schools and other buildings and structures; and other places where the public is directly or indirectly invited to visit or permitted on congregate.

RECREATIONAL FIRE

An outdoor fire utilized to cook food for human consumption.

5-21.2.

Prohibition. No person shall cause or allow a bonfire or open burning within the Borough of Carlstadt, including public areas as defined herein, except in accordance with Section F-401.0 "Open Burning" of the New Jersey Uniform Fire Code and with prior written approval of the Carlstadt Fire Department Bureau of Fire Safety.

5-21.3.

Exception. Open burning shall be allowed without prior notification to the Fire Official for recreational fires, highway safety flares, smudge pots and similar occupational needs.

5-21.4.

Prior Approval. Approval for bonfires or open burning shall be submitted in writing at least 10 days before the fire is to be set and shall be in such form and contain such information as required by the Fire Official, including at a minimum,

Information regarding the purpose of the proposed burning;

The nature and quantities of material to be burned;

The date when such burning will take place;

The location of the burning site; and

The on-site fire-extinguishing equipment to be provided.

5-21.5.

Violations and Penalties. Any person who violates the provision of this section shall be summonsed and may be subject at the discretion of the Court to the penalties as set forth in Section 1-9 of this Revision.

5-22.1.

Title. This section shall be known as the Sex Offender Residency Restriction."

5-22.2.

Definitions. For purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.

BOROUGH

The Borough of Carlstadt.

PERSON

The male or female individual who has committed a sex offense described in paragraph a, b or c of the definition of "sex offense" below.

SEX OFFENSE

Includes the following:

Aggravated sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 2C:13-1 or an attempt to commit any of these crimes, if a court of competent jurisdiction has found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction.

A conviction, adjudication of delinquency or acquittal by reason of insanity for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a of N.J.S.A. 2C:24-4, endangering the welfare of a child pursuant to paragraph (4) of subsection b of N.J.S.A. 2C:24-4, luring or enticing pursuant to N.J.S.A. 2C:13-6, criminal sexual contact pursuant to N.J.S.A. 2C:14-3b if the victim is a minor, criminal restraint pursuant to N.J.S.A. 2C:13-2 or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim, or an attempt to commit any such offense if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of this section or the offender is serving a sentence of incarceration, probation or parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of this section.

A conviction, adjudication of delinquency or acquittal by reason of insanity for an offense similar to any offense enumerated above.

5-22.3.

Sex Offender Residency Prohibition.

No person over the age of 18 who has been convicted of a violation of any sex offense crime against a minor as set forth in N.J.S.A. 2C:7-2, and who as a result of said conviction is required to register with the proper authorities pursuant to N.J.S.A. 2C:7-1 et seq., Registration and Notification of Release of Certain Offenders, shall be permitted to reside or live within 2,500 feet of any school, school bus stop, park, recreation area, playground or day care center in the Borough.

A person who resides or lives within 2,500 feet of any school, school bus stop, park, recreation area, playground or day care center in the Borough shall have 60 days from receipt of written notice of the prohibition set forth herein to move. Failure to move to a location that is in compliance with this section within that time period shall constitute a violation of this section.

This section shall not apply to a person who has established a residence prior to August 2005.

Any violation of this section shall be punishable by one or more of the penalties contained in Chapter 1, Section 1-7, including; a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

5-23.1.

Definitions. As used in this Section 5-23, the following terms shall have the meanings set forth:

BOROUGH-SPONSORED PROGRAM

Any programs sponsored by the Borough which provide and utilize Borough facilities and/or Borough property and/or are covered under the Borough's insurance.

CRIMINAL HISTORY RECORD BACKGROUND CHECK

A determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division, the State Bureau of Identification in the Division of the State Police and any agency deemed necessary by the contracted entity appointed by the Borough to obtain criminal history background information.

CRIMINAL HISTORY RECORD INFORMATION

Information collected by criminal justice agencies concerning persons and stored in the computerized databases of New Jersey courts and/or law enforcement agencies or other states' computerized repositories containing criminal history record information consisting of identifiable descriptions and notations of arrests, indictments, or other formal criminal charges, and any dispositions arising therefrom, including convictions, dismissals, correctional supervision and release.

DEPARTMENT

The Borough of Carlstadt Police Department.

NONCRIMINAL JUSTICE PURPOSE

Any purpose, other than administration of criminal justice or criminal justice purpose, including employment and licensing, for which applicant fingerprints or name search requests are submitted by authorized requestors, as required or permitted by a federal or state statute, rule or regulation, executive order, administrative code provision, local ordinance, resolution or by this section, to any law enforcement agency or other states' computerized repositories for the dissemination of criminal history record information.

REVIEW AUTHORITY or AUTHORITY

The Chief of Police, who shall be charged with the review of all appeals by any volunteer whose criminal history background check reveals a disqualifying criminal conviction.

VOLUNTEER

Any person involved with a Carlstadt-sponsored sports program who has regular unsupervised direct access to minors as a result of their involvement with the organization.

YOUTH-SERVING RECREATION ORGANIZATION or ORGANIZATION

A corporation, association or other organization, including those with nonprofit status, and which provides recreational, cultural, charitable, social or related activities or services for persons younger than 18 years of age, but not including public and nonpublic schools.

5-23.2.

Criminal Background Checks; Costs.

The Borough requires that all employees and volunteers of a youth-serving recreation organization request, through the Department, that the contracted entity conduct a criminal history record background check on each prospective and current employee and volunteer of the organization. A criminal history record background check at the same level performed by the same third-party independent agency contracted by the Borough within one year of the date of application to serve as an employee or volunteer of a nonprofit youth-serving organization shall be accepted by the Borough as a valid criminal history record background check.

The Borough shall conduct a criminal history record background check only upon receipt of the written consent for such check from the prospective or current employee or volunteer.

The Borough shall bear the costs associated with conducting a criminal history record background check.

5-23.3.

Conditions Under Which A Person Is Disqualified From Service.

A person may be disqualified from serving as an employee or volunteer of a youth-serving recreation organization if that person's criminal history record background check reveals that the person has been convicted of any of the following crimes or offenses:

If convicted in New Jersey, any of the following crimes or disorderly persons offenses:

N.J.S.A. 2C:11 Homicide – all offenses

N.J.S.A. 2C:12 Aggravated Assault; Endangering; Threats – all offenses

N.J.S.A. 2C:13 Kidnapping – all offenses

N.J.S.A. 2C:14 Sexual Offenses – all offenses

N.J.S.A. 2C:15 Robbery – all offenses

N.J.S.A. 2C:24 Offenses Against the Family, Children and Incompetents – all offenses

N.J.S.A. 2C:35 Controlled Dangerous Substances – all offenses except for a violation of paragraph (4) of subsection a of N.J.S.A. 2C:35-10

If convicted in any other state or jurisdiction, any conviction which, if entered in New Jersey, would constitute any of the crimes or disorderly persons offenses described in this Subsection a.

For purposes of interpreting the information recorded in a criminal history record to determine the qualifications of the employee or volunteer of a youth-serving organization and/or the employee or volunteer involved with Borough-sponsored programs involving minors, the Borough shall presume that the employee or volunteer is innocent of any charges or arrests for which there are no final dispositions on the record.

The determination of whether the information contained in the criminal history record background check is sufficient to disqualify an employee or volunteer shall be made by the contracted entity that is contracted by the Borough. A person who is disqualified from employment or serving as a volunteer due to the results of a criminal history record background check shall be notified by the Borough Administrator that he or she has been disqualified. The disqualified person shall be entitled to file an appeal with the Criminal Background Check Appeal Panel created pursuant to Subsection 5-23.6 below.

5-23.4.

Submission and Exchange of Background Information.

The Borough may, in its discretion, engage the services of a qualified entity to conduct the criminal history record background checks authorized under this section (the "contractual entity").

Prospective or current employees and volunteers of nonprofit youth-serving organizations and/or employees and volunteers of Borough-sponsored programs involving minors shall submit their name, address, fingerprints and written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the designated contracted entity, which shall coordinate the background check. Thereafter, all subsequent background checks shall be submitted to the designated contracted entity every three years after the date of the initial check.

The contracted entity shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this section.

If a criminal history record may disqualify an applicant or an existing employee or a volunteer for any purpose, the Borough shall provide the employee or volunteer with an opportunity to challenge the accuracy of the information contained in the Criminal History Record Background Check. The potentially disqualified person shall be afforded a reasonable period of time to challenge and correct the record.

5-23.5.

Limitations on Access and Use of Criminal History Record Background Checks.

Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel on the youth-serving organization and/or the Borough-sponsored program involving minors, on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this section.

Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.

5-23.6.

Appeal Process and Appeal Panel.

If the criminal background check disqualifies an employee or volunteer, the employee or volunteer may appeal that determination by filing a written notice of appeal with the Clerk of the Borough no later than 20 days after receiving the determination from the Borough. Any appeal requested shall proceed before the Criminal Background Check Appeal Panel.

In order to monitor and supervise the enforcement of this section by the Borough, the Borough hereby creates a Criminal Background Check Appeal Panel, which shall consist of three members: the Chief of Police, Borough Administrator and Borough Prosecutor.

The Criminal Background Check Appeal Panel is granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this section, including but not limited to holding hearings and adjudicating appeals by employees and volunteers dissatisfied with the determination of the criminal background check concerning the disqualification of the employee or volunteer and/or the accuracy of the criminal history record.

[Added 3-7-2019 by Ord. No. 19-4]

5-24.1.

Purpose. The purpose of this section is to safeguard the peace, safety and general welfare of the residents of the Borough and their visitors and guests by eliminating noise, traffic and parking congestion, vandalism, overcrowding, neighborhood uncertainty, high occupant turnover, diminution of neighborhood character, and other secondary effects that have been associated with the short-term rental of residential properties.

5-24.2.

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ADVERTISE or ADVERTISEMENT

Any written, electronic or oral publication, dissemination, solicitation or circulation which is intended to directly or indirectly induce any person to enter into an agreement for the short-term rental of a dwelling. This definition includes but is not limited to mailings, print advertisements, internet listings, email publications or other oral, printed or electronic media.

DWELLING

Any single- or multifamily residential building or structure in the Borough, or any part thereof, which is occupied in whole or in part, or intended to be occupied in whole or in part, as a home residence or sleeping place for one or more individuals.

FACILITATE

A person facilitates if, acting with knowledge that an operator managing agency or rental agent is renting a dwelling on a short-term basis, the person knowingly provides the operator managing agency or rental agent with means or opportunity for the commission of said offense.

PERSON

An individual, corporation, association, firm, partnership, limited liability company, or other legal entity.

RENT

The consideration or remuneration charged, whether or not received, for the occupancy or use of a dwelling, whether to be received in money, goods, services, labor, other use of other dwelling(s), or otherwise.

RENTAL

An agreement between persons whereby money or other consideration is charged in exchange for the right to occupy or use all or part of a dwelling.

SHORT-TERM RENTAL

Any rental of a dwelling or part thereof for less than 30 consecutive days.

SOLICIT

A person "solicits" if, with the intent to promote or facilitate the short-term rental of a dwelling, such person commands, encourages, requests or solicits another person to engage in a short-term rental agreement.

5-24.3.

Prohibited conduct.

No person shall use, possess or occupy a dwelling on a short-term rental basis. No person shall enter a short-term rental agreement for dwelling.

No person owning, leasing, or having control of a dwelling shall allow it to be used, occupied or possessed as a short-term rental.

No person shall advertise, solicit or facilitate a short-term rental agreement for a dwelling.

5-24.4.

Violations and penalties.

Any person who violates any provision of this section shall be subject to the following penalties:

For a first violation, a fine of $750 per day for each violation for each dwelling unit and/or 10 days in jail at the discretion of the Municipal Court Judge, or both.

For a second violation, a fine of not less than $750 nor more than $1,200 per day for each violation for each dwelling unit and/or 20 days in jail at the discretion of the Municipal Court Judge, or both.

For a third and subsequent violation, a fine of not less than $1,200 nor more than $2,000 per day for each violation for each dwelling unit and/or 30 days in jail at the discretion of the Municipal Court Judge, or both.

Each day that a person violates a provision of this section shall be considered as a separate and distinct violation.

5-24.5.

Enforcement. This section may be enforced by the Carlstadt Police Department, Building Department Inspectors, Carlstadt Fire Prevention Inspectors, and Carlstadt Housing Inspector together with any other municipal officials authorized to enforce Borough ordinances.