[Ord. No. 0-17-86 § 1]
This section may be cited as the "Noise Control Regulation of
the Township."
[Ord. No. 0-17-86 § 2]
a.
The Mayor and Township Council find that excessive sound is a serious
hazard to the health, safety, general welfare and the quality of life
of the citizens of Deptford. Since a substantial body of science and
technology exists by which excessive sound may be substantially abated
and the people have a right to and should be ensured an environment
free from excessive sound, it is the policy of the Township to prevent
excessive sound that may jeopardize the health and welfare or safety
of the citizens or degrade the quality of life.
b.
This section shall apply to the control of sound originating from
stationary and mobile sources within the limits of the Township.
[Ord. No. 0-17-86 § 3]
As used in this section:
A group of commercial properties and the abutting public
rights-of-way and public spaces.
Any facility or property used for activities involving the
furnishing or handling of goods or services, including but not limited
to:
a.
Commercial dining;
b.
Off-road vehicle operations, such as repair, maintenance and terminalling;
c.
Retail services;
d.
Wholesale services;
e.
Banking and office activities;
f.
Recreation and entertainment;
g.
CONSTRUCTION
DBA
DECIBEL (DB)
DEMOLITION
EMERGENCY WORK
GROSS VEHICLE WEIGHT RATING (GVWR)
INDUSTRIAL PROPERTY
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
MOTORCYCLE
MOTOR VEHICLE
MUFFLER
MULTI-DWELLING-UNIT BUILDING
NOISE
NOISE CONTROL OFFICER
NOISE DISTURBANCE
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL AREA
RESIDENTIAL PROPERTY
SOUND LEVEL
SOUND LEVEL METER
WEEKDAY
Other commercial activities.
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
The abbreviation designating both the unit of measured sound
level (the decibel) and the mode of measurement that uses the A-weighting
of a sound level meter.
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals).
It is abbreviated dB.
Any dismantling, intentional destruction or removal of buildings
or structures.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone,
sewer facilities and public transpiration facilities, removing fallen
trees on public rights-on-way or abating life threatening situations.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combined vehicle, shall be used.
Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods.
Any vehicle for which regulations apply pursuant to Section
18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended,
pertaining to motor carriers engaged in interstate commerce.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters, mopeds and minibikes.
Any vehicle that is propelled or drawn on land by an engine
or motor.
A sound-dissipative device or system for abating sound of
escaping gases of an internal combustion engine.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property.
An officially designated member or members of the Township
Police Department (Police Department) trained in the measurement of
sound and empowered to issue summonses for violations of this section.
Any sound that endangers the safety or health of any person,
or disturbs a reasonable person of normal sensitivities, or endangers
personal or real property.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the State or any political
subdivision, agency or instrumentality of the State.
Any street, avenue, boulevard, road, highway, sidewalk or
alley or similar place that is owned or controlled by a governmental
entity.
Any real property or structures thereon that are owned or
controlled by a governmental entity.
Either the imaginary line, including its planar extension,
that separates one parcel of real property from another or the vertical
or horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of sound levels as specified
in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
Any day, Monday through Friday, which is not a legal holiday.
[Ord. No. 0-17-86 § 4]
a.
The noise control program established by this section shall be administered
by the Police Department or Noise Control Officer.
b.
The Police Department shall be empowered to stop any motor vehicle
or motorcycle operated on a public right-of-way, public space or private
property suspected of violating any provision of this section.
c.
The Noise Control Officer must be qualified according to N.J.A.C.
7:29B-1.11.
d.
Noise measurements made by Noise Control Officers must be taken according
to procedures specified by N.J.A.C. 7:29B, which provisions are incorporated
herein by reference.
e.
Noise Control Officers shall not use this section in situations within
the jurisdiction of the Federal Occupational Safety and Health Act.
[Ord. No. 0-17-86 § 5]
a.
Stationary sources.
1.
No person shall cause, suffer, allow or permit the operation of any
source of sound on a particular category of property or any public
space or right-of-way in such a manner as to create a sound level
that exceeds the particular sound level limits as contained in Title
7, Chapter 29 of the New Jersey Administrative Code, which provisions
are incorporated herein by reference and when measured at or within
the real property line of the receiving property, except as provided
in subparagraph 3. below.
2.
When measuring noise within a dwelling unit of a multi-dwelling-unit
building, all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the room.
3.
Exemptions. The following are exempt from the sound level limits
of Title 7, Chapter 29 of the New Jersey Administrative Code.
(a)
Noise from domestic power tools, lawn mowers and agricultural
equipment when operated with a functioning muffler between the hours
of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m.
weekends and legal holidays, provided that they produce less than
85 dBA at or within any real property line of a residential property.
(b)
Sound from church bells and church chimes when a part of a religious
observance or service.
(c)
Noise from construction activity, provided that all motorized
equipment used in such activity is equipped with functioning mufflers,
except as provided in paragraph b,6 herein.
(d)
Noise from snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
(e)
Noise from stationary emergency signaling devices that conform
to the provisions of N.J.A.C. 7:29-13, which provisions are incorporated
herein by reference.
(f)
Noise from an exterior burglar alarm of any building or motor
vehicle, provided that such burglar alarm shall terminate its operation
within 15 minutes after it has been activated.
(g)
Assigned activity of Municipal employees performing employment
tasks of approved Municipal public events.
b.
Mobile sources.
1.
Motor vehicles and motorcycles on public rights-of-way. No person
shall cause, suffer, allow or permit the operation of a public or
private motor vehicle or motorcycle on a public right-of-way at any
time in such a manner that the sound level emitted by the motor vehicle
or motorcycle exceeds the level set forth in Table I.
2.
Recreational motorized vehicles operating off public rights-of-way.
No person shall cause, suffer, allow or permit the operation of a
recreational vehicle in such a manner that the sound level emitted
therefrom exceeds the limits set forth in Table II at either a distance
of 50 feet (15 meters) or more from the path of the vehicle when operated
on a public space or (2) at or across a real property line when operated
on a private property. This subsection shall apply to all recreational
vehicles, whether or not duly licensed or registered.
3.
Adequate mufflers.
(a)
No person shall cause, suffer, allow or permit the operation
of any motor vehicle or motorcycle not equipped with original muffler
or equivalent replacement in good working order and in constant operation.
(b)
No person shall remove or render inoperative or cause to be
removed or rendered inoperative other than for purposes of maintenance,
repair or replacement, any muffler on a motor vehicle or motorcycle.
4.
Motor vehicle horns and signaling devices. The following acts and
the causing thereof are declared to be in violation of this section:
(a)
The sounding of any horn or other auditory signaling device
that produces a sound level in excess of 100 dBA at 25 feet (7.5 meters).
5.
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period longer than three minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion,
on a public right-of-way or public space within 150 feet (46 meters)
of a residential area between the hours of 8:00 p.m. and 7:30 a.m.
the following day.
[Ord. No. 0-17-86 § 6]
a.
No person shall cause, suffer, allow or permit to be made, verbally
or mechanically, any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this subsection.
b.
No person shall cause, suffer, allow or permit the following acts:
1.
Sound reproduction systems. Operation, playing or permitting the
operation or playing of any radio, television, phonograph or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device.
2.
Loudspeakers/public address system. Using or operating of any loudspeaker,
public address system or similar device other than as may otherwise
be permitted in other regulations of the Township.
3.
Animals and birds. Owning, possessing or harboring any pet animal
or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property
line. Fore the purpose of this subsection, a noise disturbance from
a barking dog shall be defined as that crated by a dog barking continually
for 10 minutes or intermittently for 30 minutes, unless provoked.
4.
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, liquids,
garbage cans, refuse or similar objects or the compacting of refuse:
(a)
Between the hours of 10:00 p.m. and 7:00 a.m. the following
day in such a manner as to exceed any applicable limit set forth in
Title 7, Chapter 29 of the New Jersey Administrative Code across a
residential property line.
(b)
By persons engaged in the business of scavenging or garbage
collection, whether private or municipal, between the hours of 7:00
p.m. and 6:00 a.m. the following day, except by permit.
5.
Motor vehicle repairs and testing. Repairing, rebuilding, modifying
or testing any motor vehicle or motorboat in such a manner as to exceed
any applicable limit in Title 7, Chapter 29 of the New Jersey Administrative
Code across a residential real property line.
6.
Construction and demolition. Operation or permitting the operation
of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 6:00 p.m. and 7:00
a.m. the following day or weekday or any time on weekends or legal
holidays; except for emergency work or by special variance issued
pursuant to subsection 3-1.7 of this chapter and provided that such
equipment is equipped with a proper muffler.
7.
Air conditioning, air handling devices and wind energy conversion
systems. The operation of air conditioning, air-handling devices,
including heat pumps, or wind energy conversion systems that produces
a sound level greater than 55 dBA at a real property line of a residential
property, except when the operation produces less than an increase
of five dBA in the sound level that exists in the absence of such
sound.
[Ord. No. 0-17-86 § 7]
a.
Any person who owns or operates any stationary noise source may apply
to the Noise Control Officer of the Township through the Township
Manager for a variance from one or more of the provisions of this
section. Applications for a permit of variance shall supply information
including but not limited to:
1.
The nature and location of the noise source for which such application
is made.
2.
The reason for which the permit of variance is requested, including
the hardship that will result to the applicant, his/her client or
the public if the permit of variance is not granted.
3.
The nature and intensity of noise that will occur during the period
of the variance.
4.
The part or parts of this section for which the permit of variance
shall apply.
5.
A description of interim noise control measures to be taken by the
applicant to minimize noise and the impacts occurring therefrom.
6.
A specific schedule of the noise control measures which shall be
taken to bring the source into compliance with this section within
a reasonable time.
b.
A copy of the permit of variance must be kept on file by the Township
Manager for public inspection.
c.
Failure to supply to the Noise Control Officer the information required
hereby shall be cause for rejection of the application.
d.
The Township Manager shall charge the applicant a fee of $10 to cover
expenses resulting from the processing of the permit of variance application.
e.
The Noise Control Officer may impose such terms and conditions as
he deems necessary and grant such variances for the protection of
the health, welfare and environment of the public. No permit shall
be issued for longer than one year.
f.
Appeal from a denial of a variance by the Noise Control Officer may
be filed with the Township Council within 10 days of such denial.
[Ord. No. 0-17-86 § 8; New]
a.
Issuance of summons. Violation of any provision of this section shall
be cause for a summons to be issued by the Noise Control Officer or,
in the case of prohibited acts specified in subsection 3-1.6, by any
member of the Township Police Department.
b.
Abatement orders.
1.
Except as provided in subsection 3-1.2, hereof, the Noise Control
Officer may issue an order requiring abatement of any source of sound
alleged to be in violation of this section within a reasonable time
period and according to guidelines which the Noise Control Officer
may prescribe.
2.
An abatement order shall not be issued for any violation covered
by paragraph c,2 below or when the Noise Control Officer has reason
to believe that there will not be compliance with the abatement order.
c.
Penalties.
1.
Any person who violates any provision of this section shall be subject
to the General Penalty, as established in Section 1-5 of this Code.
2.
If the violation is of a continuing nature, each day during which
it continues shall continues shall constitute an additional, separate
and distinct offense.
d.
Other remedies. No provision of this section shall be construed to
impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this section or from other law.
|
Table I
Maximum Permissible Sound Levels From Motor Vehicles and
Motorcycles*
| ||||
|---|---|---|---|---|
|
|
Vehicle Class
|
Sound Level in dBA at 50 feet (15 Meters) From Center
Line of Vehicle Travel Speed Limit 35 m.p.h. or less
|
Speed Limit Over 35 m.p.h
|
Stationary Run-Up
|
|
Motor carrier vehicle engaged in inter-state commerce of GVWR
or GCWR of 10,000 pounds or more
|
85
|
90
|
88
| |
|
All other motor vehicles of GVWR or GCWR of 10,000 pounds or
more
|
86
|
90
|
—
| |
|
Any motorcycle
|
82
|
86
|
—
| |
|
Any other motor vehicle or any combination of vehicles towed
by any motor vehicle
|
76
|
82
|
—
| |
|
Any motor vehicle or motorcycle with a GVWR of less than 10,000
pounds
|
80
| |||
|
Table II
Maximum Permissible Sound Levels for Recreational Motorized
Vehicles Off Public Rights-of-Way
| |||
|---|---|---|---|
|
Vehicle Type
|
Sound Level
(dBA)
| ||
|
Motorcycle
| |||
|
(Unit manufactured before 1975)
|
86
| ||
|
(Unit manufactured after 1975)
|
84
| ||
|
Any other vehicle
| |||
|
(Unit manufactured before 1975)
|
84
| ||
|
(Unit manufactured after 1975)
|
80
| ||
[Ord. No. 0-6-88, Preamble]
The Township Council wishes to promote the long established
goals of the Township to maintain a litter free and aesthetically
pleasing environment for the health, safety and welfare of the residents;
and the Township of Deptford further wishes to incorporate provisions
promulgated by the New Jersey Department of Environmental Protection
relating to the "Clean Communities Model Programs for Municipalities."
[Ord. No. 0-6-88 § 2]
As used in this section:
Any equipment now known or hereafter invested, used or designated
for navigation or for flight in the air. The word "aircraft" shall
include helicopters and lighter-than-air dirigibles and balloons.
A "litter" storage and collection receptacle.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
"Garbage," "refuse" and "rubbish," as defined herein, and
all other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
A park, reservation, playground, recreation center or any
other public area in the Township owned or used by the Township and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designated
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging to or appurtenance to such dwelling,
house, building or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public "parks" squares, spaces, grounds
and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including "garbage," "rubbish," ashes, loose earth, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, grass, glass, bedding, household and
commercial appliances, crockery and similar materials.
The Township of Deptford.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[Ord. No. 0-6-88 § 3]
No person shall within the limits of the Township discard, deposit,
throw or leave any litter, garbage, refuse, rubbish or any other material
upon the public streets, roads, avenues, parks, sidewalks or other
public place or upon any other lot or other premises excepting containers
for that purpose or so placed as to be collected by the proper authorities.
[Ord. No. 0-6-88 § 4]
Litter receptacles and their servicing is required by the Township
at the following public places: sidewalks used by pedestrians in active
retail commercially zoned areas, such that 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; any street vendor locations;
self-service refreshment areas; construction sites; gasoline service
station islands; shopping areas; parking lots; marinas, boat moorage
and fueling stations; boat launching areas; public and private piers
operated for public use; beaches and bathing areas; and 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.
[Ord. No. 0-6-88 § 5]
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in a manner as to prevent it from
being carried or deposited by the elements upon any street, sidewalk
or public place.
[Ord. No. 0-6-88 § 6]
No person shall discard or dump any household or commercial
solid waste in any place not specifically designated for the purpose
of solid waste storage or disposal.
[Ord. No. 0-6-88 § 7]
No person shall store in any areas zoned residential any bulky
household items including but not limited to appliances, furniture,
mattresses, tanks, barrels except in a fully enclosed structure wherein
such item is not visible.
[Ord. No. 0-6-88 § 8]
No person shall store tires in any area zoned residential except
in a fully enclosed structure wherein they are not visible.
[Ord. No. 0-6-88 § 9]
No person shall park or store vehicles on residential lawns.
[Ord. No. 0-6-88 § 10]
No person shall accumulate debris on or around construction
sites or permit the storage of debris in such a manner that it is
likely to be removed by natural forces unto adjacent property.
[Ord. No. 0-6-88 § 11]
No commercial, industrial or residential waste disposal bins
shall be permitted to be open or overflowing.
[Ord. No. 0-6-88 § 12]
Every owner, leasee, tenant, occupant or person in charge of
any building or structure shall keep and cause to be kept the sidewalk
and curb abutting the building or structure or the curb and abutting
area if there is no sidewalk, free from obstruction and nuisances
of every kind, and shall keep the sidewalks, areaways, back yards,
courts and alleys from litter and other offensive materials.
[Ord. No. 0-6-88 § 13]
No person shall sweep into or deposit in any gutter, street,
catch basin or other public place any accumulation of litter or dirt
from any public or private sidewalk or driveway. Each person is required
to properly containerize all sweepings from such areas.
[Ord. No. 0-6-88 § 14]
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load or contents of 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 Township, the wheels
or tires of which carry onto or deposit in any street, alley or other
public place, mud, dirt, sticky substances or foreign matter of any
kind.
[Ord. No. 0-6-88 § 15]
No person shall throw or deposit litter in any fountain, pond,
lake, stream, bay or other body of water in a park or elsewhere within
the Township.
[Ord. No. 0-6-88 § 16]
No person in an aircraft shall throw out, drop or deposit within
the Township any litter, handbill or other object.
[Ord. No. 0-6-88 § 17]
The owner or person in control of any private property shall
at all times maintain the premises free of litter. Provided, however,
that this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. No. 0-6-88 § 18]
No person shall throw or deposit litter on any open or vacant
private property within the Township, whether owned by such person
or not.
[Ord. No. 0-6-88 § 19]
If shall be unlawful for any person to tamper with or take or
remove any of the contents from any public or private receptacle containing
garbage, refuse, rubbish, junk or other waste material which has been
placed or deposited along any public highway, street, lane, or alleyway
for collection by the Township or any of its agents or servants, and
any person who violates the purpose and intent of this section shall
be subject to the penalties set forth herein.
[Ord. No. 0-6-88 § 20]
a.
Notice to remove. The Health Officer, Code Enforcement Officer or
other enforcing officer of the Township is hereby authorized and empowered
to notify the owner of any open or vacant private property within
the Township, or agent of such owner, to properly dispose of litter
located on such owner's property which is in violation of the
provisions set forth herein. Such notice shall be either by personal
service or certified mail addressed to the owner at his last known
address.
b.
Action upon noncompliance. In the event that paragraph a. above has
been complied with by the Township and the violations have not been
remedied within 10 days after receipt of the written notice as provided
by paragraph a. above or within 15 days after the date of such notice
in the event same is returned to the Township by the post office because
of the inability to make delivery thereof, provided that same was
properly addressed to the last known address of such owner or agent,
the Township Official is hereby authorized and empowered to order
the abatement and disposal of the litter by the Township.
c.
Charges included in tax bill. When the Township has effected the
removal of the litter or has paid for its removal, the actual cost
thereof, plus accrued interest at a rate of 10% per annum from the
date of the completion of the work, if not paid by such owner prior
thereto, shall be charged to the owner of such property on the next
regular tax bill forwarded to such owner by the Township, and this
charge shall be due and payable by the owner at the time of the payment
of such bill.
d.
Recorded statement constitutes a lien. Where the full amount due
the Township is not paid by such owner within 30 days after the disposal
of such litter, as provided for in paragraphs a. and b. above, then
in that event the designated Township Official shall cause to have
filed in the Tax Collector's Office of the Township a sworn statement
showing the cost and expense incurred for the work, the date the work
was done and the location of the property on which the work was done.
The filing of such sworn statement shall constitute a lien on the
property and shall remain in full force and effect for the amount
due in principal and interest, plus costs of court and attorneys fees
if any, for the collection until final payment as been made. The costs
and expenses shall be collected in the manner fixed by law for the
collection of taxes. Sworn statements recorded in accordance with
the provisions hereof shall be prima facie evidence that all legal
formalities has been complied with and that the work has been done
properly and satisfactorily and shall be full notice to every person
concerned that the amount of this statement, plus interest and other
costs, constitutes a charge against the property designated or described
in this statement and that the same is due and collectable as provided
by law.
[Ord. No. 0-6-88 § 21; New]
Any person found guilty of violating any of the provisions of
this section shall be fined not less than $100, and upon conviction,
the penalty shall be stated in Section 1-5, General Penalty.
[Ord. No. 0-4-94]
The purpose and intent of this section is to provide criteria
and standard operating procedures that are reasonably nonexclusionary
and nondiscriminatory in the selection and use of towing operators,
for providing towing, road services and the storage of vehicles, including
but not limited to the towing of vehicles that are abandoned, disabled,
illegally parked or stolen, vehicles involved in accidents and/or
those vehicles suspected or identified by the Township as being involved
in criminal activities.
[Ord. No. 0-4-94]
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise:
Any motor vehicle which has remained on or along any highway
or other public property or on private property without consent for
a period of more than 48 hours or for any period without current license
plates. Vehicles used or to be used in the construction, operation
or maintenance of public utility facilities and which are left in
a manner which does not interfere with the normal movement of traffic
shall not be considered abandoned vehicles for the purposes of this
section.
A private passenger automobile of a private-passenger or
station-wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers nor rented to others with
a driver, and a motor vehicle with a pickup body or a delivery sedan,
a van or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by a husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the insured other than farming or ranching. An "automobile"
owned by a farm family copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private passenger automobile
owned by two or more relatives resident in the same household.
Any person, firm, partnership, association, corporation,
company or organizations of any kind.
Any real property within the Township which is privately
owned and which is not public property as defined in this section.
Any street or highway, which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
A person engaged in the business or offering the services
of a vehicle wrecker or towing service whereby abandoned motor vehicles
are towed or otherwise removed from the places where they are abandoned
by use of a wrecker or truck so designed for that purpose.
The Township of Deptford, County of Gloucester and State
of New Jersey.
[Ord. No. 0-4-94]
There shall be established a list of towing contractors authorized
to provide vehicle towing and storage services as required by the
Township. The Chief of Police shall be responsible for the administration
of towing services once the towing contractors are approved. It shall
be within the authority of the Chief of Police to administer the list
of towing contractors within the Township provided that the towing
contractor continues to abide by and meet all criteria set forth in
this section. Nothing herein shall be construed to prevent the Chief
of Police from establishing a rotation list or a primary/secondary
list of towing contractors provided that the list is established in
a nondiscriminatory and nonexclusionnary basis pursuant to N.J.S.A.
40:48-2.49.
[Ord. No. 0-4-94]
The abandonment of a motor vehicle or any part thereof on any
highway in this Township is unlawful and subject to the penalties
as set forth herein. The abandonment of a motor vehicle or any part
thereof on private or public property in view of the general public
anywhere in the Township is unlawful, except on property of the owner
or bailee of such abandoned vehicle. A motor vehicle or any part thereof
so abandoned on private property may be authorized for removal by
or upon the order of the Chief of Police, after a waiting period of
48 hours or more has expired. (This provision shall not be deemed
to limit any other remedy or enforcement of remedy provided by State
Statute or local ordinance.)
[Ord. No. 0-4-94]
a.
Applications for licenses issued hereunder shall be made upon bland
forms prepared by the Director of Public Safety and made available
by the Township Clerk which shall incorporate all information necessary
to establish that the contractor can meet the minimum standards set
forth hereafter.
b.
The application shall have affixed thereto an affidavit by the applicant
that all of the information given in the application is true and correct,
and the application shall be submitted to the Township Clerk.
[Ord. No. 0-4-94]
Contractor shall be approved for the delegation of towing services
set forth herein on a one year basis. All licenses issued pursuant
to the provisions of this section shall expire 12:00 a.m. midnight
on January 31st, next succeeding the date of the issuance thereto,
and all persons desiring to continue as approved Towing Contractors
after the expiration of any license granted hereunder, shall make
application before January 5th for a new license for the ensuing year
in the same manner that is required for the issuance of the original
license.
[Ord. No. 0-4-94]
It shall be the responsibility of the Township Council, or its
designee, to approve all applications for towing operators to be utilized
for the purpose of providing emergency towing, road and storage services
to owners of motor vehicles utilizing Township roads when it is determined
that the following requirements have been met by the applicant. The
following requirements apply to insurance and indemnification of Township.
a.
All towing operators shall submit a certificate of insurance with
the application and the certificate shall name the Township as an
additional insured. The certificate shall provide evidence that the
towing operator carries the following insurance coverages:
1.
Automobile liability: in an amount not less than $1,000,000 combined
single limits.
2.
Garage keeper's liability coverage: in an amount not less than
$60,000 per location.
3.
Garage liability insurance: in an amount not less than $1,000,000
combined single limits.
4.
Workers' compensation coverage: as required by Statute.
b.
Indemnification. The towing operators agree that, to the fullest
extent permitted by law, they shall defend, indemnify and hold harmless
the Township from and against any and all claims, suits, judgments
and demands whatsoever, including without limitation, cost, litigation
expenses, counsel fees and liabilities with respect to injury or death
of any person or persons whatsoever or damage to property of any kind
by whomever owned arising out of or caused or claimed to have been
caused, in whole or in part, by the negligent acts or omissions of
the towing operators or any person directly or indirectly employed
by the towing operators while in the performance of rending any services
pursuant to the scope of this section.
c.
All of the coverages set forth in subsection 3-7a. above shall name
of the Township as additional insureds on the policy. The endorsement
shall also provide that 30 days notice to the Township is required
to the extent that any material changes are made with regard to the
policy or to the extent that the policy is to be cancelled.
[Ord. No. 0-4-94; Ord. No. 0.24.2]
a.
Any person maintaining a principal place of operation within the
Township shall conform to a legally approved zoning and/or site plan
and shall comply fully with the Township's Zoning, Land Use and
Property Maintenance Code. Failure to comply with the Township's
Zoning, Land Use and Development and/or Property Maintenance Code
may subject any applicant/operator to suspension from the service
list of approved towing contractors and/or deem that contractor ineligible
for service on that list.
b.
The towing service shall provide plans showing a sufficient area,
controlled by the towing service, for the storage of abandoned vehicles
towed at the request of the Township. The storage facility shall be
lighted, fenced and/or secured in order to guarantee the safe stored
of all vehicles.
c.
In addition to other equipment which is necessary for the safe performance
of towing, emergency road and storage services, all towing operators
must be equipped with at least the following:
1.
Two light-duty wreckers which are able to handle all makes of passenger
cars and small trucks up to one ton, such as pickup and small panel
trucks. The garage from which the light-duty wrecker originates must
be equipped with a portable car dolly. Each light-duty wrecker shall
be equipped with the following:
(a)
Dual rear wheels or equivalent;
(b)
Power take-off controlled winch with a minimum cable thickness
of 1/2 inch or equivalent;
(c)
Comparable weight equal to the vehicles to be towed, with a
minimum of 5,500 pounds;
(d)
A 3/8 inch safety chain. The left chain and safety chain shall
not be attached in any form or manner to the same part of the wrecker;
(e)
Two double-faced rear flashing amber lights mounted high enough
to be seen over the towed vehicle;
(f)
A 360° rotating amber beacon light mounted over the cab;
(g)
All lights shall be of such candle power and intensity as to
be visible 1/4 mile away or shall be equal to the candle power of
lights on Township Police vehicles.
2.
One heavy-duty wrecker equipped with the following:
(a)
Dual rear wheels;
(b)
Manufacturer rating: gross vehicles weight of 10,000 pounds.
Manufacturer rating may be obtained from the factory where the truck
originates. Other written evidence of gross vehicle weight may be
accepted by the Township is verified;
(c)
Power take-off control winch with a minimum cable thickness
of 5/8 inch;
(d)
Two double-faced rear flashing amber lights mounted high enough
to be seen over the towed vehicle;
(e)
All lights shall be of such candle power and intensity as to
be visible 1/4 mile or shall be equal to the candle power of the lights
on a Township Police vehicle;
(f)
One-half inch safety chain. The lift chain and safety chain
shall not be attached in any form or manner to the same part of the
wrecker;
(g)
Air brakes;
(h)
Connecting air lines for connection with the air compressor
and air brake lines of the towed vehicle;
(i)
Detachable amber flashing lights attached to the rear of the
towed vehicle;
(j)
Two speed rear axle and differential or dual transmission of
five speed transmission.
3.
One flat-bed truck for removal of vehicles from the roadway.
d.
All owning operators' trucks must be equipped with either two
way radio and/or mobile telephone communications equipment with their
principal places of business, including their garages and/or facilities,
to ensure the proper availability of services and equipment on behalf
of the Township and motorists.
e.
All towing operators' trucks shall be equipped with brooms,
shovels and any other street-sweeping equipment for the purpose of
clearing debris off the roadways. The towing operator shall, at the
time of removing any motor vehicle in response to a Police request,
remove from the public or private roads or highways any motor vehicle
debris or material in the area surrounding the vehicle, except for
any debris or material which may be hazardous, such as oil, gasoline,
kerosene or other petroleum or chemical products. The cleanup of debris,
other than hazardous materials, shall be performed by the towing operator,
without charge to the Township or the vehicle owner.
f.
The towing operator's wrecker(s) and all other vehicles shall
be properly licensed and registered with the New Jersey Division of
Motor Vehicles. All towing operator vehicles shall display New Jersey
commercial license plates.
g.
All towing operators shall have facilities and equipment that will
ensure and guarantee the furnishing of prompt and efficient services
for all standard passenger automobiles.
h.
The towing operator's company name, address and telephone number(s)
shall be prominently and permanently displayed on both sides of all
wrecker(s) and other tow vehicles.
i.
A towing operator shall not permit a vehicle to be removed from the
site of a vehicular accident or the scene of a crime without the prior
approval and permission of a Police Officer. Once removed from the
scene to the towing operator's premises, the towing operator
shall be required to allow the owner of any such vehicle to remove
items of personal property from such vehicle and shall not require
the owner of such vehicle to obtain a release or other documentation
from the Deptford Police Department unless the Deptford Police Department
has advised the towing operator in writing that the towing operator
is not to release items of personal property due to an ongoing criminal
investigation.
j.
Towing services shall be available and provided on a seven day per
week, twenty-four-hour per day basis for the entire geographic area
of the Township. A contractor on the approved list must be able to
respond to any tow scene within 20 minutes of the Township's
request and shall tow any automobile including but not limited to
abandoned vehicles which the towing operator is directed to tow by
a Deptford Police Officer.
k.
Failure of any towing contractor to meet the minimum standards set
forth above shall be grounds, through the Chief of Police, to recommend
suspension and/or termination of the Towing Contractor from the approved
list and shall further constitute grounds for nonrenewal in subsequent
years.
[Ord. No. 0-4-94]
Each towing contractor performing services for the Township
as set forth herein shall provide the Chief of Police, on a quarterly
basis, with an informational report setting forth the details of each
towing service provided under this section. The report shall include
the date; the description of the vehicle that was towed; information
specifically identifying the vehicle; details surrounding the hiring
of the towing service; names of the owners of the towed vehicle and
of the patron engaging him; charges submitted by the towing service
and amount paid to the towing contractor, specifying whether the payment
was made by an insurance company or the individual engaging the service.
This quarterly report shall cover periods of February 1st to April
30th; May 1st to July 31st; August 1st to October 31st; and November
1st to January 31st. The report shall be due no later than 15 days
after the conclusion of the quarter as set forth above. Failure to
submit these reports shall immediately be grounds for the Chief of
Police to terminate the contractor from providing towing services
for the Township until a complete report as set forth above is submitted
by the contractor.
[Ord. No. 0-4-94]
The Chief of Police, and/or his designee, shall be responsible
for the enforcement of this section. It shall be his responsibility
to periodically inspect the towing contractors' vehicles and
yard to insure continued compliance with this section and New Jersey
law applicable to the service. If at any time the Chief of Police
shall deem the equipment inadequate or unsafe, or that the contractor
is not in compliance with this section, he shall have the power to
demand immediate correction, and, if not corrected to the full satisfaction
of the Chief within five days, he shall then have the power to revoke
or suspend the license of the contractor for up to 30 calendar days
for failure to comply with any subsection of this section. A subsequent
violation may result in a permanent removal of a towing operator from
the duty service list for a twelve-month period. A towing operator
may appeal the Chief's ruling of either a suspension or permanent
removal. In such cases, an appeal may be filed with the Township Clerk
within 10 business days of the delivery of the Chief's decision
to the towing operator. A hearing will then be held by the Township
Council within 30 business days of the filing of the appeal. The Township
Council shall render its determination within 15 business days following
the conclusion of the hearing. The governing body's determination
as rendered shall be final and conclusive under this section. The
suspension of the towing operator from the service list shall continue
until the point in time that the Township Council renders a decision
as set forth above, notwithstanding the fact that the suspension may
exceed 30 days. If Township Council fails to make a decision within
the time period set forth above, then the towing contractor shall
automatically be reinstated.
[Ord. No. 0-4-94; Ord. No. 0.3.97 § 1; Ord. No. 0.24.02]
a.
Any towing service called to tow a vehicle at the request of the
Police Department shall charge no more than the following maximum
tow charges and storage fees:
1.
For towing any abandoned or disabled motor vehicle from any point
within the Township 24 hours per day, seven days per week, shall be
no more than $65 for two axle vehicles and $75 for vehicles with more
than two axles.
2.
For every day of dead storage per vehicle, a flat rate fee of $20
may be charged.
b.
Every operator of a towing service shall give the owner of the vehicle
a written receipt for the fee paid.
c.
In no event shall the Township of Deptford, its departments or agencies
or its officers, agents or employees while acting in the course of
their employment be charged any storage fees or tow charges for charges
for canceled tows.
[Ord. No. 0-4-96]
Any Township vehicle shall be towed by the towing contractor
free of charge.
[Ord. No. 0-4-94; New]
[Ord. No. 0-18-76; 1967 Code § 41-1]
As used in this section:
An unlicensed motor-driven vehicle or conveyance, including
but not necessarily limited to two-wheel motor vehicles known as mini-bicycles,
trail bicycles or motor scooters. The term "minibike" shall not include
motorized bicycles as defined in Chapter 250 of the Laws of 1975.
Any individual, association or corporation.
[Ord. No. 0-18-76; 1967 Code § 41-2; Ord. No. 84-01-R § 1]
a.
From and after the effective date of this section, no person shall
own, ride or operate a minibike within the Township unless such minibike
is registered pursuant to the terms of this section.
b.
Registration procedure.
1.
Application for registration shall be made by the owner of a minibike
to the Municipal Clerk upon a form approved by the Director of Public
Safety, which form shall require the name and address of the owner;
the make, model and serial number of the minibike; and such information
as the Director of Public Safety shall deem necessary and proper.
2.
The owner shall sign the registration form and shall certify that
the information contained thereon is true.
3.
A separate registration shall be required for each minibike.
4.
A registration fee in the amount of $4 shall accompany each registration
form.
c.
Minibike tags.
1.
Upon receipt of the registration fee and a completed registration
form signed by the owner, the Municipal Clerk shall submit the registration
form to the Director of Public Safety or his designee.
2.
The Director of Public Safety or his designee, upon receipt of the
registration form from the Municipal Clerk, shall issue to the registrant
a minibike tag which shall be attached to the seat of the minibike
in a prominent place so as to be visible from the rear. The tag number
shall be noted on the registration form.
3.
The Director of Public Safety or his designee shall be responsible
for the custody and maintenance of all registration forms.
4.
No person shall remove, destroy, mutilate or alter any minibike tag
or the number which appears thereon.
d.
Transference of ownership. Every person who sells or transfers ownership
of a registered minibike shall report such sale or transfer to the
Municipal Clerk and shall return the minibike tag issued for such
minibike.
[Ord. No. 0-18-76; 1967 Code § 41-3]
a.
No person shall operate a minibike on the private property of another
without the express written permission to do so by the owner of the
property.
b.
No person shall operate a minibike on any public street located within
the Township.
c.
No person shall operate a minibike on public grounds without express
written permission to do so by the Director of Public Safety.
d.
No person shall operate a minibike in a manner so as to create loud,
unnecessary or unusual noise so as to disturb or interfere with the
peace and quiet of other persons.
e.
No person shall operate a minibike in a careless, reckless or negligent
manner so as to endanger or be likely to endanger the safety of any
person or the property of any other person.
[Ord. No. 0-18-76; 1967 Code § 41-4; New]
a.
Any person under the age of 18 years who violates or fails to comply
with any of the provisions of this section shall be, for the first
offense, reprimanded in writing by the Police Department.[1] Such writing shall be addressed to the parents or guardian
of the offender and shall state the nature of the violation. Upon
a second or subsequent violation of this section, the parents or guardian
of the offender shall be charged with a violation of Section 3-12
of this chapter, entitled "Parental Responsibility."
[Ord. No. 0-18-76; 1967 Code § 41-5]
a.
Any minibike which is used or operated and which does not display
a minibike tag issued pursuant to this section shall be impounded
by the Township Police and shall be stored in such a place as is designated
by the Director of Public Safety.
b.
The owner of any minibike so impounded may reclaim the same upon
proof of compliance of the provisions of this section and upon payment
of all costs and charges incurred by the Township for towing and storage
of the minibike. The Director of Public Safety is authorized to prepare
a schedule of costs and charges for towing and storage. Such schedule
shall become effective upon publication and filing with the office
of the Clerk and the Township Council. Any modifications to the schedule
shall be accomplished in a like manner.
c.
When a minibike is impounded, the Police Department shall keep and
maintain a record which shall contain, where possible, the color,
make, model, year and serial number. These records shall also include
the date and hour of impoundment, the location from which impounded,
the reason for impoundment, the name of the impounding officer and
the location at which the minibike is stored.
[Ord. No. 84-03-R § 1]
The purpose of this section is to establish regulations concerning
the operation and maintenance of certain alarm systems within the
Township, and to provide penalties upon conviction for violations
of any of the provisions set forth herein.
[Ord. No. 84-03-R § 2]
As used in this section:
Any mechanical, electrical or electronic device which is
designed or used for the detection of an unauthorized entry into a
building, structure, or facility, or for alerting others about the
commission of any unlawful act in a building, structure or facility,
or for alerting others about the existence of any other condition
requiring response of Police, Fire, or Ambulance personnel; and which
omits and/or transmits an audible and/or visible signal or message
when activated. Alarm systems include, but are not limited to direct-dial
telephone devices, audible alarms, and subscriber alarms.
[Ord. No. 84-03-R § 3]
a.
It shall be the responsibility of all persons, entities, firms, corporations
or other groups that maintain alarm systems within the Township, to
provide current information to the Police, consisting of the names
and telephone numbers of responsible persons who may be contracted
in case of emergency, or who are authorized to provide services to
the alarm systems; either being on a twenty-four-hour basis. This
information is to be filed with the Township Police Department when
the alarm system is initially placed into service, and must be revised
immediately whenever changes are necessary.
b.
Audible alarms must be silenced within 60 minutes after a designated
responsible person is notified to do so by the Police or, the alarm
system may be equipped with a timing device that will automatically
silence the audible alarm within 60 minutes after it is activated.
c.
The direct-dial alarm shall not be connected to the Township Police
Department emergency phone number. A secondary phone will be provided
for direct-dial alarms only. Direct-dial alarms must be equipped with
a device that will prevent more than three repeated transmissions
of an alarm for the same emergencies to the Township Police Department.
Recorded messages must also include the name and telephone number
of a responsible person who may be contacted by the Police in case
of an emergency, on a twenty-four-hour basis.
d.
It shall be the responsibility of all persons, entities, firms, corporations,
or other groups that maintain alarm systems within the Township to
prevent the transmission of false alarms through a program of training,
and periodic inspection and maintenance of their respective alarm
system.
[Ord. No. 84-03-R § 4]
For any false alarm, the following penalties shall be applied:
a.
For the first and second false alarm in any given calendar year,
a warning shall be issued by the Township through a letter to the
owner of the premises on which the false alarm was sounded.
b.
For the third false alarm in the same calendar year, a fine of $50
shall be paid to the Township.
c.
For the fourth and each subsequent false alarm in the same calendar
year, a fine of $100 shall be paid to the Township.
d.
When an investigation by the Police Department discloses continued
abuse of the privilege of connection of the alarm system to the Police
Department and disregard of the subscriber for taking remedial steps
to avoid false alarms, the Township Council reserves the right to
authorized the Chief of Police to disconnect any subscriber alarm
from the Township Police Department after giving written notice to
the subscriber.
e.
Any person, entity, firm, corporation or other group that is found
guilty of violating any of the other provisions of this section shall
be subject to a fine of not more than $250.
[Ord. No. 84-03-R § 5]
The provision of this section shall not apply to the General
Alerting Alarms that may be used by Fire Companies, Ambulance Squads,
or Civil Defense Agencies, to summon response of their members. The
provisions of this section further shall not apply to alarm systems
that are affixed to motor vehicles such as Police, Ambulance, and/or
Fire Vehicles.
[Ord. No. 84-03-R § 6]
The provisions contained herein shall apply equally to those
alarm systems that were placed in service prior to or subsequent to
the effective date of this section.
[Ord. No. 4-11-49; 1967 Code § 58-1]
It shall be unlawful for any person or persons to ride any horse
on any of the streets, avenues or highways within the Township, at
a speed faster than a walk of such horse.
[Ord. No. 4-11-49; 1967 Code § 58-2]
Every horse being ridden by any person or persons shall at all
times by under the immediate control of the person or persons riding
such horse within the limits of the Township.
[Ord. No. 4-11-49; 1967 Code § 58-3]
No horse shall be left unattended in any of the streets, avenues
or highways of the Township.
[Ord. No. 4-11-49; 1967 Code § 58-4]
No person shall run or race a horse on any of the streets, avenues
or highways in the Township, nor permit the running, racing or trotting
of such horse on such highways in the Township at any time.
[Ord. No. 4-11-49; 1967 Code § 58-5]
No person shall ill-treat, over-ride or cruelly treat a horse
within the limits of the Township.
[Ord. No. 4-11-59; 1967 Code § 58-6]
Any person or persons who shall neglect or violate any of the
provisions of this section shall be subject to a fine not exceeding
$100 for each and every offense, to be determined by the court before
whom the proceeding shall be instituted, and the court may commit
the defendant or person guilty of such violation to the County jail
until a fine be paid, with costs or until he be otherwise discharged
according to law.
|
Part I Deptford Mall and Other Public Places
|
[Ord. No. 0-11-76; Ord. No. 0-41-77; Ord. No. 0-26-78; Ord. No. 0-14-81; 1967 Code § 75B-1]
a.
DEPTFORD MALL
FIRE LANE
MOTOR VEHICLE
PARKING
PERSON
PUBLIC BUILDINGS
STOPPING OR STANDING
TOWNSHIP
As used in this Article.
The area located adjacent to the buildings and the buildings
located within Block 220A, Lots 16,17, 18, 19 and 22 on the Tax Maps.
All that area and roadway 34 feet in width, located adjacent
to the buildings located within Block 200A, Lots 16, 17, 18 19 and
22, on the Tax Maps of the Township, commonly referred to as the "Deptford
Mall," commencing at the southeast corner of the Sears building, and
thence continuing along the perimeter of the Deptford Mall building
to the place and point of beginning, as described in the Traffic Sign
Plan, drawn by Ballinger Architects/Engineers, dated November 1, 1974,
and filed with the Township Clerk of the Township of Deptford; and
all that area and roadway 34 feet in width, located adjacent to the
Sears T.B.A. facility, commencing at the entrance of the facility
along the perimeter of this building to the place and point of beginning.
Any vehicle which is self-propelled and designed to travel
along the ground, including but not limited to automobiles, buses,
motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts,
campers and trailers.
The standing or waiting within the Deptford Mall area, as
defined, of a vehicle not actually engaged in receiving or discharging
passengers or merchandise, unless in obedience to traffic regulations
or traffic signs or signals.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any building, structure, facility or complex used by the
general public, including but not limited to theaters, concert halls,
auditoriums, museums, schools, libraries, recreations facilities,
public transportation terminals and stations, factories, office buildings,
business establishments, passenger vehicle service stations, shopping
centers, hotels or motels and public eating places, constructed by
any State, County or Municipal government agency or instrumentality
or any private individual, partnership, association or corporation,
with the following exceptions: one- to four- family private residences,
warehouse storage areas and all buildings classified as hazardous
occupancies. As used herein, "hazardous occupancy" means the occupancy
or use of a building or structure or any portion thereof that involves
highly combustible, highly flammable or explosive material or which
has inherent characteristics that constitute a special fire hazard.
When prohibited, any cessation of movement of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a Police Officer
or traffic control sign or signal.
The Township of Deptford, County of Gloucester and State
of New Jersey.
b.
Other Words an Phrases Defined. Whenever any other words or phrases
are used in this section where meaning is ascribed to them in Subtitle
1 of Title 39 of the Revised Statutes of New Jersey, that meaning
shall be deemed to apply to such words and phrases used herein; in
all other instances such words and phrases not so ascribed shall be
given their ordinary and common meaning.
[Ord. No. 0-11-76; Ord. No. 0-33-76; Ord. No. 0-9-83; 1967 Code § 75B-2]
a.
No person shall park, stop or stand a motor vehicle at any time within
any fire lane.
b.
Exceptions.
1.
A person may stop or stand a motor vehicle for a period not to exceed
30 minutes for the sole purpose of parcel pickup in those areas specifically
designated for such parcel pickup.
2.
Transport of New Jersey buses may stop, stand or layover for the
purpose of discharging and boarding passengers in the area designated
as D.S. No. 4, southeast quadrant on the Traffic Sign Plan drawn by
Ballinger Architects/Engineers, dated November 1, 1974, and filed
with the Municipal Clerk.
[Ord. No. 0-11-76; 1967 Code § 75B-3]
The terms and provisions of this Article shall be enforced by
the Township Police Department, the Fire Marshall or his designee,
and such other persons as the Township Manager may designate to enforce
this Article.
[Ord. No. 0-11-76; 1967 Code § 75B-4]
Anyone who shall violate this Article may be fined, upon conviction,
not more than $100.
[Ord. No. 0-11-76; 1967 Code § 75B-5]
a.
When a motor vehicle shall be improperly parked, stopped or standing
within any fire lane, in violation of this Article, for a period in
excess of two hours, or where that motor vehicle shall constitute
an immediate danger to the public health, safety or welfare of those
persons or property adjacent thereto, any enforcing officer, in addition
to any other remedies provided herein, may order that motor vehicle
removed by a towing service authorized and licensed by the Township.
The owner of such motor vehicle removed shall be responsible for all
towing and storage charges in accordance with the provisions of Section
3-3, Abandoned Vehicles, of this chapter.
b.
Any enforcing officer who shall order the towing away of any motor
vehicle pursuant to the provisions of this Article shall immediately
report the towing away of such vehicle to the Chief of Police or his
designee. The Police Department shall maintain a permanent log of
all such information in accordance with the record keeping required
under subsection 3-3.11 of this chapter.[1]
c.
Nothing contained herein shall prohibit any owner of lands and premises
hereinbefore defined and designated as the Deptford Mall from exercising
any other statutory or legal remedy in regard to the towing away of
any motor vehicle illegally within any fire lane.
|
Part II Knightsbridge Condominium Association Parking in Fire
Lanes
|
[Ord. No. 0-21-77; 1967 Code § 75B-7]
a.
FIRE LANES
MOTOR VEHICLES
PARKING
PERSON
STOPPING OR STANDING WHEN PROHIBITED
TOWNSHIP
OTHER WORDS AND PHRASES DEFINED
As used in this Article:
All that area and roadway designated as Knightsbridge Road,
commencing at Delsea Drive and running to the vehicle parking area
beyond Building C, and that area designated as Winding Way Road, commencing
and terminating at Knightsbridge Road aforesaid, and further, all
access roads to be designated and identified as that area of roadway
between Building A and Building B, and Building B and Building C to
Knightsbridge Road, and further, the parking area to Building D, Building
D to Building E, Building E to Building F and Building F to Building
G to Winding Way Road.
Any vehicle which is self-propelled and designed to travel
along the ground, including but not limited to automobiles, buses,
motor bikes, motorcycles, motor scooters, trucks tractors, go-carts,
campers and trailers.
The standing or waiting within the Knightsbridge Condominium
area, as defined, of a vehicle not actually engaged in receiving or
discharging passengers or merchandise, unless in obedience to traffic
regulations or traffic signs or signals.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any cessation of movement of a vehicle, whether occupied
or not, except when necessary to avoid conflict with other traffic
or in compliance with the directions of a Police Officer or traffic
control sign or signal.
The Township of Deptford, County of Gloucester and State
of New Jersey.
Whenever any other words or phrases are used in this Article
where meaning is ascribed to them in Subtitle 1 of Title 39 of the
Revised Statutes of News Jersey, that meaning shall be deemed to apply
to such words and phrases used herein. In all other instances, such
words and phrases not so ascribed shall be given their ordinary and
common meaning.
[Ord. No. 0-21-77; 1967 Code § 75B-8]
The terms and provisions of this Article shall be enforced by
the Township Police Department, the Fire Marshal or his designee,
the Township Manager and such other persons as the Township Manager
may designate to enforced this Article.
[Ord. No. 0-21-77; 1967 Code § 75B-8.1]
No person shall park, stop or stand a motor vehicle in any fire
lane.
[Ord. No. 0-21-77; 1967 Code § 75B-9]
Anyone who shall violate this Article may be fined not more
than $100.
[Ord. No. 0-21-77; 1967 Code § 75B-10]
a.
When a motor vehicle shall be improperly parked, stopped or standing
within any fire lane in violation of this Article for a period in
excess of two hours or where that motor vehicle shall constitute an
immediate danger to the public health, safety and welfare of those
persons or property adjacent thereto, any enforcing officer may, in
addition to any other remedies provided herein, order that motor vehicle
removed by a towing service authorized and licensed by the Township.
The owner of such motor vehicle removed shall be responsible for all
towing and storage charges in accordance with the provisions of Section
3-3, Abandoned Vehicles of this chapter.
b.
Any enforcing officer who shall order the towing away of any motor
vehicle pursuant to the provisions of this Article shall immediately
report the towing away of such vehicle to the Chief of Police or his
designee. The Police Department shall maintain a permanent log of
all such information in accordance with the record keeping required
under subsection 3-3.11 of this chapter.
c.
Nothing contained herein shall prohibit any owner of lands and premises
hereinbefore defined and designated as the "Knightsbridge Condominium"
from exercising any other statutory or legal remedy in regard to the
towing away of any motor vehicle illegally within any fire lane.
[Ord. No. 12-27-57; Ord. No. 0-13-80; 1967 Code § 4-6A; Ord. No. 0.7.91 § 1]
a.
Possession of an alcoholic beverage. A person shall be deemed to
be in possession of an alcoholic beverage within the meaning of this
section, if he intends to or does exercise custody, control or dominion
over such alcoholic beverage; provided, however, that actual physical
or manual possession is not required if the intention to exercise
such custody, control or dominion over the alcoholic beverage is manifested
from the direct or circumstantial evidence where it is reasonable
to infer that the capacity to do so exists. Possession, custody or
control need not be exclusive, but may be jointly exercised by two
or more persons. A person shall be presumed to be jointly in possession,
custody or control of the alcoholic beverage if the owner or person
in physical control of the alcoholic beverage is in close proximity
to him and the alcoholic beverage is not sealed or has been partially
consumed.
b.
Consumption of an alcoholic beverage. A person shall be deemed to
consume if he drinks, swallows or imbibes any fluid or solid capable
of being converted into a fluid as defined in subsection 3-8.3 of
this section. A person shall be presumed to have consumed such alcoholic
beverage in violation of the provisions of subsection 3-8.2 and 3-8.4
if the owner or other person in physical control of the alcoholic
beverage is in close proximity to him, the alcoholic beverage is not
sealed or has been partially consumed and he emits an odor of alcoholic
beverage coming from his person or exhibits physical conduct, attributes
or demeanor associated with the consumption of alcoholic beverages;
or a person is in possession of an alcoholic beverage that is not
sealed, has been partially consumed or is in a container, such as
a glass or cup, and the person emits an odor of alcoholic beverage
coming from his person or exhibits physical conduct, attributes or
demeanor associated with the consumption of alcoholic beverages.
[Ord. No. 12-27-57; Ord. No. 0-2-80; Ord. No. 0-13-80; 1967 Code § 4-8; Ord. No. 0.7.91 § 2]
a.
In any public place or in any motor vehicle on any public highway,
road, street or alley in the Township, it shall be unlawful for any
person under the legal age for the consumption of alcoholic beverages
established by the State of New Jersey to:
1.
Attempt to consume or possess any alcoholic beverage.
2.
Consume or possess any alcoholic beverage.
3.
Engage in or attempt to engage in, in concert with one or more persons,
an act of consuming or possessing any alcoholic beverage.
4.
Distribute, deliver or make available for consumption any alcoholic
beverages to any person under the legal age for the consumption of
alcoholic beverages established by the State of New Jersey, or to
attempt to perform such acts.
5.
Possess, display, dispense or distribute any alcoholic beverage out
of its original container.
[Ord. No. 0-10-76; 1967 Code § 4-14; Ord. No. 0.7.91 § III]
As used in this section:
Any fluid suitable for human consumption containing alcohol
including, but not limited to beer, lager beer, ale, porter, naturally
fermented wine, treated wine, blended wine, fortified wine, sparkling
wine, distilled liquors, blended distilled liquors and any brewed,
fermented or distilled liquors fit for use for beverage purposes,
or any mixture of the same and fruit juices.
Any place which is not a public place as defined below.
Any place, either publicly or privately owned, which is or
may be frequented by the public.
[Ord. No. 0-10-76; Ord. No. 0-13-80; 1967 Code § 4-15; Ord. No. 0.7.91 § V]
a.
It shall be unlawful for any person to consume any alcoholic beverage
or possess any alcoholic beverage in an open or unsealed container
or glass on any sidewalk, street, avenue, highway, public parking
lot or other public place, or in any motor vehicle not on private
property, within the Township at any time. For purposes of this section,
the term "unsealed" shall mean a container with its original seal
broken or a container such as a glass or cup.
b.
It shall be unlawful for any person to consume any alcoholic beverage
or to possess any alcoholic beverage in an open container with intent
to consume the same on any parking lot, yard or other open area which
is open to the public or to which the public is invited at any time.
c.
It shall be unlawful for the owner or any other person in control
of any such parking lot, yard or other open area, which is open to
the public or to which the public is invited as described in paragraph
b. above, to knowingly permit or suffer the consumption or possession
of an alcoholic beverage in an open or unsealed container by any person.
[Ord. No. 0-10-76; Ord. No. 0-13-80; 1967 Code § 4-16; New; Ord. No. 0.7.91 § IV]
b.
When the Municipal Court suspends the imposition of a defendant's
sentence, or a portion thereof, or sentences him to be placed on probation,
the Municipal Court may attach such reasonable conditions authorized
by N.J.S.A. 2C:45-1, including the performance of community related
services and the imposition of conditions reasonably related to the
rehabilitation of the defendant including but not limited to alcoholic
rehabilitation programs or other such programs related to alcoholic
education or rehabilitation.
[Ord. No. 0-20-74; 1967 Code § 36A-1]
No person shall detain or fail to return any book or article
borrowed from the Deptford Public Library 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 the notice
demanding the return thereof, addressed to the person at the last
address furnished to the library or branch. In the event the person
is a minor, the notice shall be sent to the parent or guarantor as
shown on the records of the library.
[Ord. No. 0-20-74; 1967 Code § 36A-2]
No person shall willfully 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 the Public Library.
[Ord. No. 0-20-74; 1967 Code § 36A-3]
No person shall register under or furnish a false name or address
or use any card other than the one issued to such person for the purpose
of borrowing any book or any article or material from the library.
[Ord. No. 0-20-74; 1967 Code § 36A-4; New]
Any person violating any of the provisions of this section shall
be subject to a fine not exceeding $50 for each and every violation.
For the purpose of this subsection, each book and article borrowed
from the Public Library shall constitute a separate violation. The
penalties contained in this subsection do not in any way affect a
person's responsibility to return borrowed library material,
or its value, plus any accrued fines on that material.
[Ord. No. 0-8-73; 1967 Code § 37A-1]
As used in this section:
Remaining idle in essentially one location and shall be deemed
to include lounging, sleeping or spending time idly.
Any person over 18 years of age having lawful care or custody
of a minor, whether by reason of blood relationship or order of any
court or otherwise.
Any place to which the public has access and shall include
any street, highway, road, alley or sidewalk. Also includes the front
or vicinity of any store, shop, restaurant or other place of business,
and public grounds, areas, parks, schools, parking lots, shopping
centers or other private property not owned by or under the control
of the person charged with violating this section, or in the case
of the minor, not owned or under the control of his parents or guardian.
[Ord. No. 0-8-73; 1967 Code § 37A-2]
No person shall loiter in a public place in such a manner as
to:
a.
Create a danger to immediate, actual physical violent reaction from
any person, which violent reaction will cause a threat to the peace
and order of the public.
b.
Create any disturbance or annoyance to the comfort and repose of
any person.
c.
Obstruct the free passage of pedestrians or vehicles.
d.
Obstruct, molest or interfere with any person lawfully in any public
place as defined in subsection 3-11.1 of this section. This paragraph
shall also include the making of any unsolicited, audible remarks
of an offensive or insulting nature which are calculated to annoy
or disturb the person to whom or in whose hearing they are made.
[Ord. No. 0-8-73; 1967 Code § 37A-3]
Whenever any Police Officer of the Township, the State of New
Jersey or other Police Officer with lawful jurisdiction in the Township,
in the exercise of reasonable judgment, determines that the presence
of any person in any public place is causing any of the conditions
described in subsection 3-11.2 of this section, he may, if he deems
it necessary for the preservation of the public peace and safety,
order that person to leave that place. Any person who shall refuse
or fail to leave after being ordered to do so by such a Police Officer
shall be guilty of a violation of this subsection.
[Ord. No. 0-8-73; 1967 Code § 37A-4; New]
a.
Any adult, parent or guardian convicted to a violation of the provisions
of this section shall be subject to the General Penalty established
in Section 1-5 of this Code.
b.
Any juvenile charged with a violation of this section shall be treated
in accordance with N.J.S.A. 2A:4-14 et seq. and the Rules Governing
the Administration of the Juvenile-Domestic Relations Court.
[Ord. No. 0-8-73; 1967 Code § 37A-5]
Nothing in this section shall be construed so as to limit any
right of free speech or assembly guaranteed under the Constitution
of the State of New Jersey.
[Ord. No. 7-13-64; Ord. No. 5-26-69; 1967 Code § 17-1]
It shall be unlawful for any child under the age of 18 years
to loiter, wander, ride, run through or stroll through or remain upon
any of the streets, parks, or other areas or places open to the public
or upon private lands not belonging unto such child or ward or his
blood relatives without the permission of any owner not related to
the child or ward by blood in the Township, after the hour of 11:00
p.m., prevailing time, unless such minor is accompanied by his or
her parent or parents, legal guardian or some duly authorized and
accredited custodian of at least 21 years of age who exercises control
of such minor as hereinafter provided.
[Ord. No. 7-13-64; Ord. No. 5-12-83; 1967 Code § 17-1.1]
It shall be unlawful for any child under the age of 18 years
to loiter, wander, ride, run through or stroll through or remain upon
any of the streets after the hour of 8:00 p.m. prevailing time on
that date designated each year for the celebration of Halloween and
on the two days preceding the Halloween celebration, unless such minors
are accompanied by his or her parent or parents, legal guardian or
some duly authorized and accredited custodian of at least 21 years
of age who exercises control of such minor hereinafter provided.
[Ord. No. 7-13-64; Ord. No. 5-26-69; Ord. No. 0-5-83; 1967 Code § 17-2]
a.
It shall be unlawful for any parent, legal guardian or duly authorized
and accredited custodian having lawful care or custody of any child
under the age of 18 years to allow or permit any such child or ware
to ride, loiter, wander or stroll or remain unaccompanied on or about
any of the streets, parks or other areas or places open to the public
or upon private lands not belonging unto such child or ward or his
blood relatives without the permission of any owner not related to
the child or ward by blood in the Township within the periods and
hours established and prohibited for use by a child or children of
the ages aforesaid in the preceding subsection 3-12.1 entitled "Curfew
Hour for Minors" of this chapter unless escorted or attended by a
parent, legal guardian or duly authorized and accredit custodian,
except as hereinafter provided.
b.
A parent, legal guardian or duly authorized and accredited custodian
shall not be deemed in violation of paragraph a. of this subsection
unless the child under his custody or control shall have been convicted
for a prior violation of this section, or that parent, legal guardian
or authorized accredited custodian shall have received a warning from
the Township Police Department or any other lawfully constituted authority
that such child under his custody or control shall have been seen
on the streets or public places of the Township unescorted or unattended
by a parent, legal guardian or authorized and accredited custodian
in a manner not otherwise permitted in this section during the hours
for which the curfew is in effect.
[Ord. No. 7-13-64; 1967 Code § 17-3]
The provisions of this section shall not apply to any minor
child who shall be gainfully and lawfully employed, or to any minor
child who shall be a bona fide student of a school, college or university
of evening instruction, or to any child who shall be in attendance
at an evening function sponsored by a religious or school organization,
or who shall be in attendance at a properly supervised recreational
program during the time necessarily required to travel between such
minor child's residence and the place of assembly.
[Ord. No. 7-13-64; 1967 Code § 17-4]
Should an emergency arise necessitating a minor child under
the age of 18 years being dispatched upon an errand requiring his
presence upon any street, highway, road or roadway or any other place
or area open to the public during the hours to which the use thereof
by such unattended minor child is prohibited hereunder, such child
shall have in his or her possession a note or message in writing signed
by a person of his or her household over the age of 21 stating the
nature of the errand, the necessity therefor, the place of destination
at which the mission is to be accomplished, the time such message
was executed and the approximate time required for the errand. Any
abuse of the purpose or spirit of this subsection shall constitute
a violation of the provisions of this section punishable as hereinafter
provided.
[Ord. No. 7-13-64; 1967 Code § 17-5]
Any Policemen or any special officer duly appointed by the Township
Council is hereby authorized and empowered to take into custody any
such minor child who may be in the act of violating the provisions
of this section. Such officer shall notify the parent or person having
the legal care and custody of such child of the violation of this
section and the penalty therefor of a second or subsequent violation
and shall report the violation to the Chief of Police of the Township
who shall cause a record thereof to be made. The child shall be released
immediately in the custody of such parent or person having his or
her legal care or custody.
[Ord. No. 7-13-64; Ord. No. 0-5-83; 1967 Code § 17-6]
a.
A minor child under the age of 18 years of age convicted of violating
any of the provisions of this section shall be punished by a fine
not in excess of $100 for the first offense; for a subsequent offense
by a fine not in excess of $250 or by imprisonment not to exceed 10
days, or by both fine and imprisonment. In addition to the penalties
provided herein, the court may attach such reasonable conditions authorized
by N.J.S.A. 2C:45-1, including the performance of community-related
services and the imposition of conditions reasonably related to the
rehabilitation of the violator, including but not limited to educational
vocational or other social service programs.
b.
A person of the age of 18 years or older, including but not limited
to any parent, guardian or any other person having the legal care
and custody of the child convicted of violating any part of this section
shall be punished by a fine not to exceed $500 or by imprisonment
not to exceed 30 days, or by both fine and imprisonment; provided,
however, that any such person convicted of a second or subsequent
violation shall pay a fine of not less than $250. In addition to the
penalties provided herein, the court may attach such reasonable conditions
authorized by N.J.S.A. 2C:45-1, including the performance of community-related
services and the imposition of conditions reasonably related to the
rehabilitation of the violator, including but not limited to educational,
vocational or other social service programs.
[Ord. No. 0-10-73; 1967 Code § 45-1]
a.
It is unlawful for a parent, guardian or one charged with the custody
of a minor to knowingly fail to properly supervise the conduct of
any child or ward under the age of 18 years such that this child or
ward is adjudged to be a juvenile delinquent.
b.
For purposes of this section, juvenile delinquency may be founded
upon the following:
[Ord. No. 0-10-73; 1967 Code § 45-2]
[Ord. No. 0-10-73; 1967 Code § 45-3]
a.
Whenever any parent or guardian is charged with a violation of this
section, there shall be a rebuttal presumption that he has knowingly
failed to properly supervise the conduct of his child or ward if such
violation upon which this juvenile delinquency is based occurred within
180 days after notice to the parent that his child or ward has violated
an act under subsection 3-13.1, paragraph b. of this section or within
180 days of the child or ward being adjudicated a juvenile delinquent.
b.
Sufficient notice to the parent or guardian may be founded upon notice,
either oral or written, from a duly authorized representative of the
Gloucester County Probation Department, notice from the Township Police
Department or a final determination of a court of competent jurisdiction.
[Ord. No. 0-10-73; 1967 Code § 45-4]
a.
Whenever any minor under the age of 18 years is charged with a violation
of any part of Section 3-11, Loitering, sufficient notice of this
act to the parent or guardian may be founded upon notice, either written
or oral, from the Chief of Police or any person designated by him
to give such notice; or such other parties enumerated in subsection
3-12.3, paragraph b.
b.
If at any time within 60 days following the giving of notice as provided
in paragraph a. hereof, the minor to whom the notice related again
is charged and subsequently convicted of a violation of Section 3-11,
Loitering, it shall be rebuttably presumed that the minor did so with
the knowingly permission or sufferance of his parent or guardian.
[New]
Any adult, parent or guardian convicted of the provisions of
this section shall be subject to the General Penalty in Section 1-5
of this Code.
[Ord. No. 3-27-61; Ord. No. 0-20-75; 1967 Code § 9-1; Ord. No. 0.3.98 § 9-1]
Upon proper application and approval of the Township Council,
it shall hereafter by lawful for any organizations or associations
who are authorized under the "Bingo Licensing Law" and the "Raffles
Licensing Law" of the Revised Statutes of The State of New Jersey
to conduct, hold or operate bingo games, lotto and/or raffles as described
in the Acts on the first day of the week, commonly known and designated
as Sunday. Bingo games, lotto and/or raffles shall not be conducted
under any license on Sunday, unless the License specifically so provides.
[Ord. No. 0.3.98 § 9-2]
At the time of application for any license issued for bingo
pursuant to this section, at the time of application, a licensing
fee of $5 for each occasion on which any game or games of bingo are
to be conducted under the license shall be tendered to the Township
Clerk made payable to Deptford Township.
[Ord. No. 0.3.98 § 9-3]
The Township shall collect a fee in an amount equal to the amount
charged by the Legalized Game of Chance Control Commission.
[Ord. No. 0.3.91 § 1]
This section shall be known and shall be cited as the "Drug
Free School Zones Ordinance."
[Ord. No. 0.3.91 § 2]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7, a Drug Free School Zone Map was produced on May 16, 1998,
by Remington and Vernick Engineers establishing the locations and
boundaries of areas on or within 1,000 feet of property owned by or
leased to any elementary, junior high and high schools, including
public, private and parochial schools located within the jurisdiction
of the Township of Deptford. The locations of "Drug Free School Zones"
are as follows:
|
Name of School
|
Location
|
|---|---|
|
Deptford High School
|
Fox Run Road
|
|
Monongahela Junior High
|
Bankbridge & Tanyard Roads
|
|
Almonesson School
|
Almonesson Road
|
|
Central School
|
Delsea Drive
|
|
Delaware Valley Academy
|
Sickel Lane
|
|
Gloucester County College
|
Tanyard Road
|
|
Good Intent School
|
Good Intent Road
|
|
ICYA Building
|
966 Mail Avenue
|
|
Jericho School
|
Cedar Lane
|
|
Lake Tract School
|
Iszard Road
|
|
Mount Holy Redeemer School
|
Delsea Drive
|
|
New Sharon School
|
Delsea Drive
|
|
Oak Valley Elementary
|
College & University Boulevard
|
|
Pine Acres Elementary
|
Lynne & Purdue Avenues
|
|
Shady Lane School
|
Shady Lane & Pine Avenues
|
|
St. John of God School
|
Delsea Drive
|
|
Westville School
|
Summit Avenue
|
|
Board of Education Administrative Building
|
2022 Good Intent Road
|
[Ord. No. 0.3.91 § 3]
a.
The Board of Education or its designee, or the Chief Administrative
Officer in the case of any private or parochial school, shall have
the continuing obligation to promptly notify the Chief of Police,
Township Engineer, Township Solicitor and Township Clerk of any changes
or contemplated changes in the location of any property owned by or
leased and used for school purposes.
b.
The Township Clerk shall receive and keep on file the original of
the "Drug Free School Zone Map dated May 16, 1988" 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
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 the Township Clerk shall provide the County Clerk and the Gloucester
County Prosecutor a true copy of the map and this section without
cost, as well as future amendments.
[Ord. No. 0.3.91 § 4]
The terms and provisions of this section shall be enforced by
the Deptford Township Police Department. The following additional
matters are hereby declared recited and stated as follows:
a.
It is understood that the map approved an adopted pursuant to subsection
3-17.2 was prepared and is intended to be used as evidence in prosecutions
arising under the criminal laws of the State of New Jersey, and pursuant
to State Law, such map shall constitute prima facie evidence of the
following:
1.
The location of elementary and secondary schools within the Township
of Deptford;
2.
The boundaries of the real property which is owned by or leased to
such schools or a school board;
3.
That such school property is and continues to be used for school
purposes; and
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
b.
All of the property depicted on the map approved and adopted herein
as school property was owned by or leased to a school or school board
and was being used for school purposes as of June 28, 1988, that being
the effective date of N.J.S.A. 2C:35-7.
c.
Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not
precluded from introducing or relying upon any other evidence or testimony
to establish a violation of the offense defined in that Statute, including
use of a map or diagram other than the one approved and adopted pursuant
to subsection 3-17.1. The failure of the map approved herein to depict
the location and boundaries of any property which is, in fact, used
for school purposes and which is owned by or leased to any elementary
or secondary school or school board, whether the absence of such depiction
is the result of inadvertent omission or the result of any changes
in the location and boundaries of such property which have not yet
been incorporated into a revised, approved map, shall not be deemed
to be an official finding and record that such property is not owned
by or leased to a school or school board, or that such property is
not used for school purposes.
d.
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.
[Ord. No. 0.3.91 § 5]
Any person violating the provisions of this section shall be
subject to the penalties set forth by N.J.S.A. 2C:35-10 of the Laws
of the State of New Jersey.
[Ord. No. 0.12.97 Findings]
The State of New Jersey has banned the sale or furnishing of
cigarettes or tobacco in any form to minors under N.J.S.A. 2A: 170-51;
and medical and scientific evidence indicates that tobacco use is
a leading cause of preventable death in the United States, medical
and scientific evidence demonstrates that tobacco usage is addictive
and causes serious health problems.
The Director of the National Institute on Drug Abuse has concluded
that the majority of the 390,000 Americans who die each year from
cigarette smoking became addicted to nicotine as adolescents, and
a significant number of children under the legal age to purchase tobacco
are still able to do so under either directly or through vending machines.
The Deptford Township Council is authorized to enact ordinances not
contrary to the laws of this State or of the United States as it may
deem necessary and proper for the protection of persons and for the
preservation of the public health, safety, welfare of the Township
of Deptford and its inhabitants.
[Ord. No. 0.12.97 § 1]
a.
Interpretation. When not inconsistent with the context, words used
in the present tense include the future, words used in the singular
number include the plural number, and words used in the plural number
shall include the singular. The word "shall" is mandatory, and mot
merely discretionary. Words, terms of expression not defined herein
shall be interpreted in the manner of their commonly accepted meaning.
b.
BAR
CODE ENFORCEMENT OFFICER
PERSON
RESTAURANT
SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
TAVERN
TOBACCO
TOBACCO RETAILER
VENDING MACHINE
VENDING MACHINE LOCATION
Definitions.
Any place licensed by the State of New Jersey to primarily
sell at retail beer, wine mixed spirit drinks and spirits for consumption
the premises.
Any person employed by the Township in the capacity of enforcing
the laws of the State of New Jersey and the ordinances of the Township
of Deptford. This would include but not be limited to all sworn members
of the Deptford Township Police Department.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Place licensed by the Township of Deptford to dell food at
retail.
Shelving or storing of cigarettes in any area of the establishment
to which customers have access and/or in a location where a customer
could reach the cigarettes or tobacco products and take same without
the assistance of an employee of the establishment.
Any place licensed by the State of New Jersey to primarily
sell at retail, beer, wine, mixed spirit drinks and spirits for consumption
on the premises.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use including cigars,
chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
Any person or entity that operates a store, stand, booth,
concession or place at which sales of tobacco are made to purchasers
for consumption or use. Tobacco retailer shall also mean a person
or entity that owns, operates or uses a vending machine and/or a vending
machine location.
Automated, self-service device which, upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other
tobacco products.
The room enclosure, space or area where a tobacco vending
machine is installed and operated.
[Ord. No. 0.12.97 § 3; Ord. No.
0.3.02]
a.
Prohibition of tobacco sales to minors. It shall be unlawful for
tobacco retailers to sell tobacco to a person under 18 years of age.
b.
Identification required. It shall be unlawful for a tobacco retailer
to sell or permit to be sold tobacco to any individual without requesting
and examining identification from the purchaser positively establishing
the purchaser's age of 18 years.
[Ord. No. 0.12.97 § 4]
Self-service cigarette or tobacco product displays are prohibited,
and it shall be unlawful to offer for sale or to sell cigarettes or
tobacco products from a self-service display of cigarettes or tobacco
products in Deptford Township.
[Ord. No. 0.12.97 § 5]
With the exception of permitted vending machines, it shall be
unlawful for tobacco retailers to display, advertise, or offer for
sale, tobacco products in any location in which minors are permitted
at a height at less than four feet or adjacent to candy or items specifically
intended for sale to or for children.
[Ord. No. 0.12.97 § 6]
a.
Complaint. Whenever the Code Enforcement Officer, or his designee,
reasonably believes that there exists a violation of this section,
he/she may issue a summons and complaint not later than 90 days after
discovery of the alleged violation. The complaint shall be written
and shall state with reasonable particularity the nature of the violation,
including reference to the subsection of this section alleged to have
been violated. The complaint shall be delivered or sent by certified
mail to the alleged violator.
b.
Right of entry and inspection.
1.
The Code Enforcement Officer, or his designee, or any other person
charged with the enforcement of this section, after giving proper
identification, may inspect any matter, thing, premise, place, record,
vehicle, incident or event as necessary.
2.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Code Enforcement Officer,
or his designee, or any other person charged with enforcement of this
section during the routine performance of his or her duties.
3.
The Code Enforcement Officer, or his designee, may request the assistance
of the Deptford Township Police Department, or other Police Agency
or Peace Officer when necessary to execute his or her official duty
in a manner prescribed by law.
[Ord. No. 0.12.97 § 7]
a.
This section shall supplement the ordinances of Deptford Township
and all other Statutes duly enacted by the State of New Jersey and
the County of Gloucester relating to public health and safety. Where
the provisions of any other State law, local ordinance or regulation,
or administrative rules apply, or the laws or regulations of the United
States, the more restrictive of any or all laws, ordinances, regulations
or rules shall prevail.
b.
This section shall be liberally construed for the protection of the
health, safety, and welfare of the people of Deptford Township.
[Ord. No. 0.12.97 § 8]
The Code Enforcement Officer, or his designee, is hereby granted
the authority to establish policies and guidelines, not in conflict
with the purpose and intent of this section, for the purpose of carrying
out the responsibilities herein delegated to the Code Enforcement
Officer by law. These policies and procedures are subject to review
by the Township Manager.
[Ord. No. 0.12.97 § 9]
a.
Unless otherwise provided by Law, Statute, or ordinance, any person
violating any of the provisions of this section shall, upon conviction
thereof, pay a penalty of not less than $50 nor more than $500 for
each offense. Complaint shall be made in the Municipal Court of Deptford
Township or before such other judicial officer having authority under
the laws of the State of New Jersey.
b.
Each sale of tobacco to a minor shall constitute separate violation.
[Ord. No. 0.12.97 § 10]
a.
Deptford Township specifically reserves and retains the right to
pursue all other legal and equitable remedies in order to fully enforce
the provisions of this section as they pertain to the health, safety
and welfare of the people of Deptford Township.
b.
If any chapter, section, subsection or paragraph of this ordinance
is 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 such
determination shall not be deemed to invalidate the remaining chapters,
sections, subsections or paragraphs of this section.
[Ord. No. 0.3.02 §§ 1-5]
a.
LAW ENFORCEMENT OFFICER
PERSON
TOBACCO
VENDING MACHINE
Definitions.
Any sworn officer of the Deptford Township Police Department
or a Code Enforcement Officer.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling, and other personal use including cigars,
chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
Any automated, self-service device which, upon insertion
of money, tokens, or any other form of payment, dispenses cigarettes
or other tobacco products.
b.
Prohibition of tobacco vending machines and tobacco vending machine
sales. It shall be unlawful to offer for sale or to sell tobacco through
a tobacco vending machine in the Township of Deptford.
d.
Enforcement.
1.
Whenever a Law Enforcement Officer reasonably believes there exists
a violation of this subsection, such officer may issue a summons and
complaint not later than 60 days after discovery of the alleged violation.
This complaint shall be written and shall state with reasonable particularity
the nature of the violation, including reference to the article and
section of this chapter alleged to have been violated. The complaint
shall be delivered or sent by certified mail to the alleged violator.
2.
A Law Enforcement Officer charged with enforcement of this chapter,
after giving proper identification, and if no other warrant is required
by law, may inspect any matter, thing, premises, place, person, record
vehicle, incident, or event as necessary to enforce the provisions
of this subsection.
3.
Citizens may bring complaints against violators of this subsection.
e.
Penalties, court costs. Unless otherwise provided by
law, statute, or ordinance, any person violating any of the provisions
of this chapter shall, upon conviction thereof, pay a penalty of not
less than $100 or more than $300 for a first violation and $1,000
for each subsequent offense for each day a machine is determined to
be in violation of this subsection.
