[New]
This book shall be known and may be cited as the "Pompton Lakes Borough Code, 2016" and is herein referred to as the "Code."
[New]
For the purpose of this Code and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the definitions contained in this section shall apply:
BOROUGH
Shall mean the Borough of Pompton Lakes in the County of Passaic, State of New Jersey.
BOROUGH COUNCIL
Shall mean the Borough Council of the Borough of Pompton Lakes.
CLERK OR MUNICIPAL CLERK
Shall mean the Municipal Clerk duly appointed pursuant to law.
COUNTY
Shall mean the County of Passaic.
DEPARTMENT
Shall mean an organizational unit of the Borough government established or designated by ordinance or the Code as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council.
GOVERNING BODY
Shall mean the Mayor and Council of the Borough of Pompton Lakes.
LICENSED
Shall mean licensed in accordance with the appropriate section or chapter of this Code.
MONTH
Shall mean a calendar month unless otherwise specifically provided.
MUNICIPALITY
Shall mean the Borough of Pompton Lakes, County of Passaic, State of New Jersey.
OATH
Shall be construed to include an affirmation where an affirmation may be substituted for an oath. In such cases the words "swear" and "sworn" shall be construed to be equivalent to the words "affirm" and "affirmed."
OFFICER OR OFFICIAL
And the title of an officer or official shall be construed as if the words "of the Borough of Pompton Lakes" followed it.
ORDINANCE
Shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law and all amendments thereto.
OWNER
Shall mean any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land.
PERSON
Shall mean any natural individual, firm, trust, partnership, association, corporation or any other legal entity. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine, as applied to partnerships or associations, corporation or any other legal entity the word includes officers, managers, agents or employees thereof who are responsible for any violations of this section.
PERSONAL PROPERTY
Shall mean goods and chattels, rights and credits, monies and effects, evidences of debt, and all written instruments by which any right to, interest in, or lien or encumbrances upon, property or any debt or financial obligation as created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and every thing, except real property as herein defined, which may be subject of ownership.
PRECEDING AND FOLLOWING
Shall mean next before and next after, respectively.
PROPERTY
Shall mean real and personal property.
PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
Shall severally be construed to mean any and every public ground, public square, public parks, other public place or bodies of water within the Borough.
REAL PROPERTY
Shall mean and includes lands, tenements and hereditaments, all rights thereto and interests therein.
RESOLUTION
Shall mean and include any act or regulation of the Borough Council required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
SIDEWALK
Shall mean that portion of a street between the curbline and the adjacent property line which has been paved with concrete or other approved material and is intended for the use of pedestrians.
STATE
Shall mean the State of New Jersey.
STREET
Shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
WEEK
Shall mean seven days.
YEAR
Shall mean a calendar year unless otherwise specifically provided.
[New]
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses; and the future, the present.
The masculine gender includes the feminine and neuter.
The feminine gender includes the masculine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded.
"Writing" and "written" includes printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if the sense requires and indicates such meaning.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in this citation.
[New]
"Chapter" shall mean one of the major divisions of the Code, identified by an Arabic numeral, and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section, identified by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter and/or Arabic number.
[N.J.S.A. 40:49-5]
A. 
For violation of any provision of this Code or other ordinance of the Borough of Pompton Lakes unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the County Jail or in any place provided by the Borough for the detention of prisoners for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
B. 
Unlawful Solid Waste Disposal. The Borough Council may prescribe that for the violation of an ordinance or Code provision pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000.
[N.J.S.A. 40:49-5]
The Borough Council may prescribe that for the violation of any particular provision of the Code or of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
[N.J.S.A. 40:49-5]
The Court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or in such ordinance.
[N.J.S.A. 40:49-5]
Any person who is convicted of violating this Code or an ordinance within one year of the date of a previous violation of the same provision of this Code or of the same ordinance and who has paid the fine for the previous violation shall be subject to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance or Code provision, but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision and shall be calculated separately and in addition to the fine imposed for violation of the ordinance or Code provision.
If the Borough Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance or Code provision, the Borough Council may waive the additional fine by ordinance or resolution.
[N.J.S.A. 40:49-5]
Any person convicted of the violation of any provision of this Code or any ordinance may, in the discretion of the Court by which he was convicted, and in default of the payment of any fine imposed therefore, be imprisoned in the County Jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[N.J.S.A. 40:49-5]
If the Borough Council chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the Borough shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition which is in violation and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a Court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[N.J.S.A. 40:49-5]
If provided by specific ordinance or in the Code, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough of Pompton Lakes exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. At the discretion of the Judge of the Municipal Court, any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[Added 9-1-2021 by Ord. No. 21-23]
The following penalty schedule is hereby established for the violation of municipal ordinances as listed:
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
5-16.2
Peddlers and Hawkers: License Required
$76
$24
$100
5-16.4
Peddlers and Hawkers: Use of Streets
$76
$24
$100
5-16.5
Peddlers and Hawkers: Use of Private Property
$76
$24
$100
5-16.6
Peddlers and Hawkers: Time of Operation
$76
$24
$100
5-16.7
Peddlers and Hawkers: License Display
$76
$24
$100
5-16.9A
Peddlers and Hawkers: Equipment
$76
$24
$100
5-16.9B
Peddlers and Hawkers: Food Handlers License
$76
$24
$100
5-16.9C
Peddlers and Hawkers: Vehicles that Fail Inspection or Non Compliant
$76
$24
$100
5-16.9D
Peddlers and Hawkers: Vehicles License to Bear Pompton Lakes Name
$76
$24
$100
5-16.15C
No Solicitation List
$100
$24
$124
5-16.15D
No Solicitation Signs Posted on Property, No Solicitation or Canvass on Such Properties
$100
$24
$24
5-17.2
Licenses Required for Public Meetings or Display of Advertisements on Public Streets
$26
$24
$50
5-17.3
Licenses Required for Certain Exhibitions and Amusements
$26
$24
$50
5-19.4
Secondhand Precious Metals, Gems and Jewelry Dealers: Records Required to Be Kept
$76
$24
$100
5-19.5
Secondhand Precious Metals GEMS and Jewelry Dealers: Reports to Police
$76
$24
$100
5-19.6
Secondhand Precious Metals, GEMS and Jewelry Dealers: Periods that Items Are to Be Kept
$76
$24
$100
5-19.7
Secondhand Precious Metals, GEMS and Jewelry Dealers: Required Identification
$76
$24
$100
5-20.2
Solicitors and Canvassers: License Required
$76
$24
$100
5-20.5
Solicitors and Canvassers: Time of Operation
$76
$24
$100
5-20.6
Solicitors and Canvassers: Equipment and Vehicles
$76
$24
$100
5-21.2
Soliciting, Charitable: Permit Required
$76
$24
$100
5-21.4
Soliciting, Charitable: Time of Operation
$76
$24
$100
5-21.5
Soliciting, Charitable: Permit Display
$76
$24
$100
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
7-9
Parking Prohibited During State of Emergency
$26
$24
$50
7-10
Temporary Parking Prohibition for Snow Plowing and Removal
$25
$10
$35
7-11.1
Vehicle Stopping or Standing Prohibited
$25
$10
$35
7-11.2
Trucks Over 4 Tons Stopping or Standing Prohibited
$25
$10
$35
7-12
Parking Time Limited on Certain Streets
$25
$10
$35
7-13
Metered Parking
$25
$10
$35
7-14
Parking Prohibited for Street Cleaning
$25
$10
$35
7-15
Parking Prohibited at all Times on Certain Streets
$25
$10
$35
7-16
Parking Prohibited During Certain Hours on Certain Streets
$25
$10
$35
7-17.6
Parking by Permit Lakeside Avenue
$25
$10
$35
7-18
Parking Prohibited Within Designated Fire Zones or Fire Landes
$76
$24
$100
7-20
Parking on South Side of Passaic Avenue
$25
$10
$35
7-21
Parking of Boat Trailers and Tow Vehicles Prohibited on Chalen Court
$25
$10
$35
7-22
Parking in Designated Spaces
$25
$10
$35
7-27.2
Temporary One Way Streets (School Hours)
$25
$10
$35
7-28
Routes for Trucks Over 4 Tons
$29
$21
$50
7-29
Vehicles Over Designated Weight Excluded from Certain Streets; Alternate Routes
$29
$21
$50
7-30
Turn Prohibitions
$25
$10
$35
7-39
Bus Stops
$25
$10
$35
7-41
Loading Zones
$25
$10
$35
7-44.1
Pond Hole Parking Lot Regulations
$25
$10
$35
7-44.1B1
No Vehicle Shall Be Parked in Pond Hole Parking Lot Between Hours of 2:00 a.m. and 8:30 a.m. Except Vehicles Displaying an Appropriate Overnight Sticker or Permit
$25
$10
$35
7-44.1B2
Parking in Pond Hole Parking Lot Is Restricted to a Two-Hour Maximum Time Limit for All Vehicles During the Hours of 8:30 a.m. to 2:00 a.m., Unless the Vehicle has a Reserved Parking Permit or a Student Parking Permit
$25
$10
$35
7-44.1B3
When School Is Not in Session, the Stall Designated for Student Parking Shall Be Restricted to a Two-Hour Maximum Time Limit
$25
$10
$35
7-44.1D
Pond Hold Parking Lot/Designated Aisles
$25
$10
$35
7-44.1E1
Pond Hole Speed Limit 10 MPH
$25
$10
$35
7-44.1H7
Pond Hole Parking Time Restrictions 7:00 a.m. to 7:00 p.m.
$25
$10
$35
7-44.2
Pompton Lakes Towne Square Parking Lot
$25
$10
$35
7-44.3
Municipal Building Parking Regulations
$25
$10
$35
7-44.4
Mill Street Garage Parking
$25
$10
$35
7-48A
Entrance and Exit Driveways, Parking Restrictions
$25
$10
$35
7-48B
Entrance and Exit Driveways, Parking Restrictions
$25
$10
$35
7-48C
Entrance and Exit Driveways, Parking Restrictions
$25
$10
$35
7-48D
Entrance and Exit Driveways, Parking Restrictions
$25
$10
$35
7-9
Parking Prohibited During State of Emergency
$30
$24
$54
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
8-2
Noise
$100
$24
$124
8-4.2
Littering: Littering on Public Places
$26
$24
$50
8-4.3
Littering: Depositing Litter in Authorized Receptacles
$26
$24
$50
8-4.4
Littering: Sweeping Litter Onto Sidewalks; Public Places
$26
$24
$50
8-4.5
Littering: Throwing or Depositing Litter from Vehicles
$76
$24
$100
8-4.6
Littering: Responsibility of Property Owner or Occupant
$76
$24
$100
8-4.8
Littering: Littering Generally; Handbills; Signs
$51
$24
$75
8-5.1
Attire and Public Nudity: Suitable Swimming Attire Required
$76
$24
$100
8-5.2
Attire and Public Nudity: Swimming Attire Prohibited on Streets and in Public Places
$76
$24
$100
8-5.3
Attire and Public Nudity: Changing Attire
$76
$24
$100
8-5.4
Attire and Public Nudity: Public Nudity
$76
$24
$100
8-6
Trespassing on Public Property
$76
$24
$100
8-7
Possession and Consumption of Alcoholic Beverages Prohibited on Public Property
$76
$24
$100
8-10.1
Bicycles: Lights on Bicycles
$14.50
$5.50
$20
8-10.2
Bicycles: Audible Signal
$14.50
$5.50
$20
8-10.3
Bicycles: Speed Limit
$14.50
$5.50
$20
8-10.4
Bicycles: Riding on Sidewalks; Term Defined
$14.50
$5.50
$20
8-12.2
Library Property: Compliance with Rules and Regulations
$15
$10
$25
8-12.4
Library Property: Damaging Books and Other Property
$15
$10
$25
8-12.5
Library Property: Illegal Use of Library Cards
$15
$10
$25
8-14.2
Recreational Vehicles: Unlawful Operation
$76
$24
$100
8-14.2A
Recreational Vehicles: Unlawful Operation on Private Property of Another Without the Express Prior Written Consent of the Owner and the Occupant of Said Property
$76
$24
$100
8-14.2B
Recreational Vehicles: Unlawful Operation on Any Public Grounds or Property, Including Borough-Owned Land
$76
$24
$100
8-14.2C
Recreational Vehicles: Unlawful Operation in a Manner as to Create Loud or Unnecessary Noise so as to Unreasonably Disturb or Interfere with Persons in the Peaceful and Quiet Enjoyment of their Property; to This End no Person Shall Operate a Recreational Motor Vehicle Before the Hour of 9:00 a.m. and After the Hour of 7:00 p.m. Prevailing Time, or Sunset, Whichever Shall First Occur
$76
$24
$100
8-14.2D
Recreational Vehicles: Unlawful Operation in a Careless, Reckless or Negligent Manner so as to Endanger the Safety or Property of Any Person
$76
$24
$100
8-15.1
Vehicles Idling: Restriction on Vehicle Idling
$51
$24
$75
8-16.1
Abandoned Vehicles: Abandoning Vehicles on Public or Private Property
$76
$24
$100
8-17.1
Parking of Motor Vehicles on Lawns Prohibited
$30
$24
$54
8-17.2
Overnight Parking of Commercial Vehicles
$30
$24
$54
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
9-1.3
Air Pollution: Open Burning Prohibited; Exceptions
$76
$24
$100
9-1.6
Air Pollution: Air Pollution Prohibited
$76
$24
$100
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
10-2.1
Dog License; Fees: Dog License Required
$51
$24
$75
10-2.2
Dog License; Fees: Rabies Inoculation
$51
$24
$75
10-6.1
Care and Control of Dogs: Noise Nuisances
$51
$24
$75
10-6.2
Care and Control of Dogs: Running at Large
$51
$24
$75
10-6.3
Care and Control of Dogs: Leashing Required
$51
$24
$75
10-9.1
Cats: Vaccination and License Required
$51
$24
$75
10-10.1
Animals at Large: Prohibition
$51
$24
$75
10-12.1
Feeding of Animals: Outdoor Feeding of Domestic Animals
$51
$24
$75
10-12.2
Feeding of Animals: Feeding Wild Animals
$51
$24
$75
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
11-1.5
General Park and Recreation Area Regulations: Hours of Operation
$51
$24
$75
11-1.9
General Park and Recreation Area Regulations: Domesticated Animals
$26
$24
$50
11-1.10
General Park and Recreation Area Regulations: Use of Vehicles on Public Lands or Recreation Areas
$76
$24
$100
11-1.11
General Park and Recreation Area Regulations: Boats on Swimming Beaches
$76
$24
$100
11-1.12
General Park and Recreation Area Regulations: Gambling
$76
$24
$100
11-1.14
General Park and Recreation Area Regulations: Bicycles
$25
$10
$35
11-1.15
General Park and Recreation Area Regulations: Alcoholic Beverages
$76
$24
$100
11-1.16
General Park and Recreation Area Regulations: Littering
$26
$24
$50
11-3.1
Boating: Mufflers Required on Motors
$51
$24
$75
11-3.2
Boating: Horsepower Restricted on Inboard Motors
$51
$24
$75
11-3.3
Boating: Horsepower Restricted on Outboard Motors; Exception
$51
$24
$75
11-3.4
Boating: Disturbing the Peace
$51
$24
$75
11-3.5
Boating: Speed Limit Established
$51
$24
$75
11-3.6
Boating: Times of Operation
$51
$24
$75
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
12-4
Trees: Bicycles, Scooters
$26
$24
$50
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
13-16
Streets and Sidewalks: Depositing Substances on Streets or Public Places; Maintenance of Sidewalk Area
$26
$24
$50
13-17
Streets and Sidewalks: Posting Handbills; Exception
$26
$24
$50
13-18
Streets and Sidewalks: Permits Required to Deposit Building Materials
$76
$24
$100
13-19
Streets and Sidewalks: Obstructions on Streets
$76
$24
$100
13-29.1
Streets and Sidewalks: Ice and Snow Removal
$51
$24
$75
13-29.2
Streets and Sidewalks: Removal of Grass, Weeds and Impediments; Noncompliance Procedures
$51
$24
$75
13-29.3
Streets and Sidewalks: Responsibility of Owner or Occupant
$51
$24
$75
13-32.1
Streets and Sidewalks: Dumping or Placing Snow on Streets or Roadways Prohibited
$51
$24
$75
13-33.1
Streets and Sidewalks: Use of Roll-Off Dumpsters and Containers, Written Consent Required
$76
$24
$100
13-33.2
Streets and Sidewalks: Use of Roll-Off Dumpsters and Containers, Display Markers Required
$76
$24
$100
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
14-2.8
Refuse and Recycling, Recycling Center Regulations: Unlawful Removal
$26
$24
$50
Specific Penalties for Ordinance Violations
Ord. #
Description
Fine
Cost
Total
18-20
Fire Prevention: Open Burning Prohibited; Exceptions
$76
$24
$100
18-21
Fire Prevention: Burning Restricted
$76
$24
$100
18-22
Fire Prevention: Times for Burning
$76
$24
$100
18-23
Fire Prevention: Distance Restrictions
$76
$24
$100
[New]
Each section of the Code and every part of section is an independent section, subsection or paragraph. If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code.
[N.J.S.A. 40:49-4]
It shall be the duty of the Municipal Clerk to keep up-to-date the certified copy of the book containing "The Pompton Lakes Borough Code, 2016" required to be filed in the Office of the Municipal Clerk for use by the public. All changes in the Code and all ordinances adopted by the Borough Council subsequent to the adoption of the Code, which the Borough Council shall adopt specifically as a part of the Code, shall, when finally adopted, be included herein by reference until such change or new ordinances are printed as supplements to the Code, at which time such supplements shall be inserted therein.
The Code, when so published and certified to by the seal of the Borough of Pompton Lakes, shall be received in all courts of this State as evidence of the ordinances contained in such compilation and revision as fully as if the original ordinances were produced.
[New]
Any and all additions, amendments or supplements to the Pompton Lakes Borough Code, when passed and adopted in such form as to indicate the intention of the Borough Council for them to be a part thereof, shall be deemed to be incorporated into such Code, so that reference to the "Pompton Lakes Borough Code" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Pompton Lakes Borough Code shall be adopted, they shall thereafter be printed and, as provided herein, inserted in the loose-leaf book containing the Code, as amendments and supplements thereto.
[New]
The Borough Council may arrange for procedures for the periodic supplementation thereof of the Borough Code.
[1983 Code § 1-11; New]
It shall be unlawful for anyone to improperly change, amend or alter this Code, without authorization as provided by law, for the purpose of causing the law of the Pompton Lakes Borough to be misrepresented by such action. Anyone violating this provision shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
[1983 Code § 46-1; New]
The Seal of the Borough of Pompton Lakes shall be a circular die with the following words inscribed on the margin thereof: "The Borough of Pompton Lakes." In the center, within a circle on the face of the die, shall be the words, "The Borough of Pompton Lakes" and "Pompton Lakes, NJ."
[1983 Code § 46-2]
The Municipal Clerk shall have the custody of the Borough Seal and shall carefully preserve and keep the same at all times in his office.