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Town of Newton, NJ
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (5) Index Notes (1)
[Adopted 6-8-1970 as Sec. 5-20 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
EQUIPMENT and APPARATUS
Any item or items, whether permanent or mobile, that require for their use the congregation of one or more persons in and about the immediate area of the item or items. This definition is intended to include, but is not limited to, basketball hoops and hockey goals.
No equipment or apparatus shall be placed by any person in a public street or right-of-way or on private property within 15 feet of any public street or right-of-way such that the use of the equipment or apparatus would tend to require any user to be in a public street or right-of-way.
The owner, occupant or tenant of the private property on which the equipment or apparatus is situated, or if the equipment or apparatus is in a public street or right-of-way, those who control the property closest to the equipment or apparatus shall be responsible for the removal of any such equipment or apparatus from the public street or right-of-way.
Should such equipment or apparatus described herein not be removed from the public street, right-of-way or private property, the same shall be removed under the direction of the Supervisor of the Department of Public Works. Said removal may take place after 48 hours notice has been given to the person described in § 266-7. Such equipment shall be retrieved from the supervisor of the Department of Public Works by its owner within a period of 120 days. Any such equipment not retrieved by its owner upon the expiration of the one-hundred-twenty-day period shall be sold at public auction and the proceeds shall become property of the Town of Newton.
A. 
Any person violating the above provisions shall be subject to a warning for the first violation, a fine of $100 for the second violation and a fine not to exceed $250 for each subsequent offense.
B. 
There shall be a rebuttable presumption that the person or persons who have violated this article are: those who control the private property on which the equipment or apparatus is situated; or if the equipment or apparatus is in a public right-of-way, those who control the private property closest to the equipment or apparatus.
The supervisor of the Department of Public Works shall only release removed equipment after proof that the penalty for any violation issued by the court has been satisfied.