[Ord. No.
758 § 1; Ord. No. 774 § 1; Ord. No. 822 § 1; Ord. No. 822A § 1;
amended 3-26-2014 by Ord. No. 04-2014]
Unless specifically addressed by statutes of the State of New
Jersey, no person shall consume any alcoholic beverage or possess
any opened alcoholic beverage in or upon:
a.
A public street, roadway, sidewalk, parking place, or any other public
or quasi-public place other than a place licensed for consumption
of alcoholic beverages upon the premises, or a restaurant where the
proprietor has given permission to consume beer and wine upon the
premises;
b.
A public conveyance;
c.
Any private property, not his or her own, without the permission
of the owner or other person having authority to grant such permission.
[Ord. No.
758 § 1; Ord. No. 774 § 2; Ord. No. 882 § 2]
Notwithstanding the provisions of Subsection 3-1.1 hereof, the Borough Council may by resolution permit the consumption or possession of alcoholic beverages in any public or quasi-public place at a designated time or times in connection with a special event, series of events, or observance which has been authorized by the Borough Council.
[Ord. No.
822 § 3; Ord. No. 836 § 1]
No person shall sell, distribute, transfer,
give or by any other means supply any alcoholic beverage in any public
or quasi-public place, or while in or on a public street or thoroughfare,
or while in a parked vehicle on any street or public thoroughfare
to any person who is under the legal age to purchase alcoholic beverages.
[Ord. No.
467; Ord. No.
469]
The use or operation of a sound truck, loud
speaker or amplifying system from a moving vehicle shall be unlawful
within the Borough limits for any purpose other than that of a civic
nature directly pertinent to activities within the Borough or affecting
the residents of this community.
[Ord. No.
467]
Prior to the use of such sound equipment for
the purposes specified, a permit shall be obtained from the Chief
of Police or such other officer acting in his place and stead. Application
forms for this purpose shall be furnished by the Police Department
and shall require the applicant to disclose:
a.
The name and address of all persons and organizations
for which such a permit is being sought.
b.
The specific purpose of the application.
c.
The number and type of equipment and vehicles to be
used.
d.
The projected hours and areas of the use of such equipment
within the Borough.
f.
In detail the specific nature of the civic activity
to be advertised.
[Ord. No.
467]
[Ord. No.
467; Ord. No.
469]
The hours of limitation for operation of mobile
sound devices shall be not before 9:00 a.m. or after 7:00 p.m. on
any weekday and not at all on Sunday.
[Ord. No.
467]
Issuance of permits by the Police Department
shall be for a period not to exceed three days with provision for
renewal thereof for additional three-day periods in which latter event
the aforesaid application should recite the purpose or need for such
renewal.
[Ord. No.
467]
No fee shall be required for making an application
or for issuing the permit.
[Ord. No.
467]
The use of the aforesaid sound devices shall
at no time cause injury to the health of any person nor shall they
be otherwise detrimental to the general welfare and dignity of the
community, and the use shall at all times be under the control of
the Council and of the Police Department as an agency.
[Ord. No.
467]
[1961 Code § 42.02; 1972 Code §
190.005; amended 6-28-2006 by Ord. No. 20-2006\]
a.
Purpose. The purpose of this section is to establish
requirements to control littering in the Borough of Ramsey so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
b.
Definitions.
1.
For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word “shall” is
always mandatory and not merely directory.
2.
LITTER
LITTER RECEPTACLE
PERSON
As used in this section, the following terms shall
have the meanings indicated:
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
c.
Prohibited acts and regulated activities:
1.
It shall be unlawful for any person to throw, drop,
discard or otherwise place any litter of any nature upon public or
private property other than in a litter receptacle, or having done
so, to allow such litter to remain.
2.
Whenever any litter is thrown or discarded or allowed
to fall from a vehicle or boat in violation of this section, the operator
or owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this section.
[Ord. No.
1061 § 1]
Litter receptacles and their servicing are required
at the following public places which exist in the Borough, including:
sidewalks used by pedestrians in active retail commercially zoned
areas, such that at a minimum there shall be no single linear quarter
(1/4) mile without a receptacle; buildings held out for use by the
public, including schools, government buildings, and railroad and
bus stations; parks; drive-in restaurants; all street vendor locations;
self-service refreshment areas; construction sites; gasoline service
station islands; shopping centers; parking lots; campgrounds and trailer
parks; 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.
Litter receptacle shall mean a container suitable
for the depositing of litter.
[Ord. No.
1061 § 1]
It shall be unlawful for any person to discard
or dump along any street or road, on or off any right-of-way, any
household or commercial solid waste, rubbish, refuse, junk, vehicle
or vehicle parts, rubber tires, appliances, furniture, or private
property, except by written consent of the owner of the property,
in any place not specifically designated for the purpose of solid
waste storage or disposal.
[Ord. No.
1061 § 1]
It shall be unlawful for any residential property
owner to store or permit storage of any bulky household waste, including
household appliances, furniture and mattresses, in areas zoned residential,
except in a fully enclosed structure or during days designated for
the collection of bulky items.
[Ord. No.
1061 § 1]
It shall be unlawful for any residential property
owner to store or permit the storage of tires in areas zoned residential,
except in a fully enclosed structure or on days designated for the
collection of tires.
[Ord. No.
1061 § 1]
It shall be unlawful for any vehicle to be driven,
moved, stopped or parked on any street unless such vehicle is constructed
or loaded to prevent any of its load from dropping, sifting, leaking
or otherwise escaping therefrom. Any person operating a vehicle from
which any glass or objects have fallen or escaped, which could cause
an obstruction, damage a vehicle, or otherwise endanger travelers
or public property, shall immediately cause the public property to
be cleaned of all glass or objects and shall pay the costs therefor.
[Ord. No.
1061 § 1]
It shall be unlawful for any owner, agent, or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during, or after completion of
any construction or demolition project. It shall be the duty of the
owner, agent, or contractor in charge of a construction site to furnish
containers adequate to accommodate flyable or nonflyable debris or
trash at areas convenient to construction areas, and to maintain and
empty the receptacles in such a manner and with such a frequency as
to prevent spillage of refuse.
[Ord. No.
1061 § 1]
It shall be the duty of the owner, lessee, tenant,
occupant or person in charge of any structure to keep and cause to
be kept the sidewalk and curb abutting the building or structure free
from obstruction or nuisances of every kind, and to keep sidewalks,
areaways, backyards, courts and alleys free from litter and other
offensive material. No person shall sweep into or deposit in any gutter,
street, catch basin or other public place any accumulation of litter
from any public or private sidewalk or driveway. Every person who
owns or occupies property shall keep the sidewalk in front of his
or her premises free of litter. All sweepings shall be collected and
properly containerized for disposal.
[Added 6-28-2006 by Ord. No. 20-2006]
This section shall be enforced by the Police
Department of the Borough of Ramsey.
[Added 6-28-2006 by Ord. No. 20-2006]
Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine not to
exceed $500.
[1961 Code § 42.03; 1972 Code § 190.010; Ord. No. 960 § 1]
a.
Hunting and the discharge of firearms are hereby declared
to be matters affecting the public safety and welfare and this section
is enacted to protect the residents of the Borough and their property.
b.
No person shall engage in hunting or fire or discharge
any pistol, shotgun, rifle or other type of firearms anywhere within
the Borough.
c.
Nothing herein contained shall prohibit the use of
firearms for Borough authorized ceremonies and for the protection
of life or person, or prohibit the use thereon, of outdoor pistol
or rifle ranges which comply with the National Rifle Association specifications,
or on indoor pistol or rifle ranges with adequate protection from
hazard to life or person.
[Ord. No.
936 § 1, § 120.001]
Pursuant to the authority delegated to it by
the provisions of N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58, the Borough
may permit legalized games of chance including raffles and bingo to
be conducted on Sunday.
[Ord. No.
671 § 31; Ord. No. 671-A § 1]
No person shall detain or fail to return any
book, periodical, pamphlet, artistic reproduction, phonograph recording,
audio-visual material or any other article borrowed from the Free
Public Library of the Borough of Ramsey or any library in the Bergen
County Cooperative Library System by using a Ramsey library card,
after 30 days have elapsed from the date of posting by certified mail,
return receipt requested, of a notice demanding return thereof, addressed
to that person at the last address furnished to the library.
[Ord. No.
671 § 2]
No person shall willfully or maliciously cut,
tear, deface, disfigure, damage or destroy any book, periodical, pamphlet,
artistic reproduction, phonograph recording, audio-visual material
or other article, or any part thereof, which is borrowed from, owned
by or is in the custody of such library.
[Ord. No.
671 § 3]
No person with intent to defraud shall register
or furnish a false name or address, or use any card other than the
one issued to that person for the purpose of borrowing any book, periodical,
pamphlet, artistic reproduction, phonograph recording, audio-visual
material or other article from the library.
[Ord. No.
671 § 4]
This section shall be enforced by the Library
Director or his authorized representatives.
[1]
Editor’s Note: Former Section 3-7, Loitering,
adopted by Ord. No. 436, was repealed 6-11-2008 by Ord. No. 6-2008.
[Ord. No.
838 § 2]
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the limits of the Borough.
[Ord. No.
838 § 2; Amended 2-14-2018 by Ord. No. 02-2018]
a.
The following acts are hereby declared to be examples
of loud, disturbing and unnecessary noise in violation of this section:
1.
Radios, televisions, phonographs. The using of, operating
of or permitting to be played, used or operated any radio-receiving
set, television, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in such manner as
to disturb the peace, quiet and comfort of the neighboring inhabitants
or with louder volume than is necessary for the convenient hearing
of the person or persons who are in the room, vehicle or chamber in
which such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine
or device between the hours of 11:00 p.m. and 7:00 a.m., in such manner
as to be plainly audible at a distance of 100 feet or more from the
building, structure or vehicle in which it is located, shall be prima
facie evidence of a violation of this chapter.
2.
Loudspeakers, sound amplifiers. The playing, using
or permitting the playing, using or operating of any radio-receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other medium or device for the producing or reproducing of sound
or loud noise on the streets or in public places, or which is so placed
and operated that the sound therefrom can be heard to the annoyance
or inconvenience of any person in such public place, street or on
neighboring premises; provided, however, that a sound truck may be
operated under regulation of and pursuant to permission for temporary
use upon application to and approval by the Council or officer to
whom such duty is delegated.
3.
Yelling, shouting. Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any office, dwelling
or other type of residence or of any persons in the vicinity.
4.
Animals, birds. The keeping of any animals, fowl or
birds which, by causing frequent or long-continued noise, shall disturb
the comfort or repose of any person in the vicinity.
5.
Horns. The sounding of any horn or warning device
on any automobile, motorcycle, bus or other vehicle, except when required
by law, or when necessary to give timely warning of the approach of
the vehicle, or as warning of impending danger to persons driving
other vehicles or to persons upon the street. No person shall sound
any horn or warning device on any automobile, motorcycle, bus or other
vehicle which shall emit an unreasonable loud or harsh sound or for
any unnecessary or unreasonable period of time.
6.
Exhaust. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
7.
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise. Operating or use of any motor vehicle, motorcycle, snowmobile,
minibike and other like engines which shall make any loud noise on
the streets, public places or on private property, causing annoyance
or inconvenience to any person or persons in such public place, street
or on neighboring premises for any unnecessary or unreasonable period
of time.
8.
Construction or repair. Operating or use of any pile drivers, steam
shovels, pneumatic hammers, derricks, steam or electric hoists or
any tools or equipment which shall make any loud or disturbing noises,
on any Sunday between the hours of 6:00 p.m. and 10:00 a.m. and Saturdays
or legal holidays between the hours of 8:00 p.m. and 9:00 a.m. or
on weekdays between the hours of 8:00 p.m. and 8:00 a.m., in conducting
any excavation, demolition, erection, alteration, repair or other
building operations, within 1,000 feet of any dwelling or business
property, except in case of urgent necessity in the interest of public
safety, and then only upon obtaining a permit from the Construction
Official, which permit may be renewed for a period of three days or
less while the emergency continues.
9.
Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in use or adjacent
to any hospital, which unreasonably interferes with the working of
such institution or which disturbs or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such street
indicating that the same is a school, hospital or court street.
10.
Whistles. The sounding or the blowing of any whistle
attached to any building or locomotive except as a warning to prevent
injury to life or property.
11.
Peddlers, hawkers and vendors. The shouting or crying
out his wares of any peddler, hawker or vendor upon any street or
public place.
12.
Loading and unloading operations. The creation of
any loud or excessive noises in connection with the loading or unloading
of any vehicle or the opening or the destruction of bales, boxes,
crates or containers, more especially between the hours of 8:00 p.m.
and 8:00 a.m.
13.
Drums, etc. The using or playing of any drum, loudspeaker
or other instrument or device or the creation of any noise for the
purpose of attracting attention to any performance, show or sale or
display of merchandise.
14.
Cooling apparatus. The operation of any air conditioner,
refrigerator unit, cooling tower, evaporative condenser, air cooled
condenser, mechanical fan, compressor unit or other such apparatus
which causes frequent, irregular or continued noise which causes discomfort
or annoyance to or which unreasonably invades the privacy of the public.
b.
The above enumeration is only intended to give typical
illustrations of prohibited noise and shall not be construed as exclusive.
[Ord. No.
838 § 2]
Nothing herein contained shall be construed
to apply to:
a.
The use of bells, chimes or sound amplifiers by churches
in church activities.
b.
Activities of the Borough departments in the performance
of their duties, drills or public demonstrations.
c.
Activities in the public parks, playgrounds or public
buildings under the permission of authority of Borough officials.
d.
Any public utility as defined in Title 48 of the Revised
Statutes of New Jersey, or any employees of such public utility, when
such public utility or its employees shall be engaged in performing
work to prevent the threatened interruption of its services or to
terminate the interruption of its service rendered to its customers.
[Ord. No.
757, Preamble]
The Borough Council finds and declares that
the uncontrolled and unsupervised activities of minor persons within
the Borough are detrimental to the maintenance of public safety and
contrary to the general welfare; and it is further found and declared
that parental responsibility for the proper control and supervision
of minor children is essential to effective law enforcement within
the Borough of Ramsey.
[Ord. No.
757 § 1]
As used in this section:
And be defined as including any of the following acts: defacing,
damaging or destroying public property or the private property of
another within the Borough.
Any unemancipated person under the age of 18 years.
Include either or both natural parents of a minor, the legal
guardian(s) of such minor, or any other adult persons who have voluntarily
or otherwise assumed the responsibilities of a natural parent with
respect to custody, care and control of the minor. For the purposes
of the enforcement of this section, the term "parent" shall not apply
to natural parents, legal guardians or other persons whose responsibility
for the custody and control of such minor has been transferred to
another person or otherwise terminated by Court Order, or by the emancipation
of the minor by marriage, military service or other circumstances.
Persons claiming the benefit of any such termination or transfer of
responsibilities shall bear the burden of establishing the same in
any proceedings hereunder.
[Ord. No.
757 § 2]
It shall be unlawful for any parent to assist,
aid, abet, allow, permit, suffer or encourage a minor to commit a
violation of the public peace, as defined herein, either by overt
act, by failure to act or by lack of supervision and control over
such minor. Whenever a minor shall be taken into custody or detained
for the commission of any such violation of the public peace within
the Borough, the parents of such minor shall be immediately notified
by the Police Department of such custody or detention and the reasons
therefor, and of the responsibility of parents under this section.
When a minor is charged with a violation of the public peace, as defined
herein, and the Juvenile and Domestic Relations Court makes an adjudication
of delinquency, the Chief of Police, or his designated agent, shall
forthwith serve written notice of the adjudication of delinquency
upon the parents, together within a written warning, in a form approved
by the Borough Attorney of the penalties and other provisions of this
section with respect to the commission within one year of a second
violation of the public place by the minor. If at any time within
one year of the giving of such notice, the minor shall be charged
with a violation of the public peace and shall again be adjudicated
delinquent by the Juvenile and Domestic Relations Court, it shall
be presumed, subject to rebuttal by competent evidence, that the parents
of the minor during the period of time, allowed, permitted or suffered
the minor to commit a violation of the public peace. A record of such
notifications shall be kept by the Police Department.
[Ord. No.
757 § 3]
The remedy provisions of this section shall
be cumulative, not exclusive, and the state or any other person shall
have the right to proceed under any other legally available remedies.
[Ord. No.
606]
No person shall occupy any park, playground
or other public place or property in the Borough without first securing
a permit to do so from the Borough Council. Such permit shall not
be required for football games, baseball games, or other public sports,
or for any games conducted by any of the schools or the Recreation
Commission of the Borough. Any person, occupying such public place
without securing such permit shall be guilty of a violation of this
provision of the Code.
[Ord. No.
914 § 1]
[Ord. No.
436]
Any person who shall trespass upon the property
of another without permission of the owner after dark and cannot give
a good account of himself shall be guilty of a violation of this provision
of the Code.
[1961 Code § 12.01; 1972 Code § 190.001]
Where it shall be necessary or expedient for
the preservation of the public safety or where it shall eliminate
a fire hazard, and pursuant to N.J.S.A. 40:48-2.13, etc., the owner
or tenant of lands may be required to remove from such lands brush,
weeds, dead or dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris.
[1961 Code § 12.01; 1972 Code § 190.001]
Where it shall be necessary or expedient for
the preservation of the public safety, and pursuant to N.J.S.A. 40:48-2.26,
et seq., the owner or tenant of lands abutting an intersection of
roads may be required to keep all of any brush, hedges and other plant
life, growing within 10 feet of any roadway and within 25 feet of
the intersection of two roadways, cut to a height of not more than
2 1/2 feet.
[1961 Code § 12.01; 1972 Code § 190.001]
The Superintendent of Roads or the Chief of
Police may remove such brush, weeds, etc. and keep such brush, hedges,
etc. cut, or provide for the same to be done as stated above.
[1961 Code § 12.01; 1972 Code § 190.001]
Whenever the Council deems it necessary or expedient
for the preservation of the public safety or where it eliminates a
fire hazard as provided above, the property owner or tenant shall
be given notice to remove such brush, weeds, etc. or to cut such brush,
hedges, etc. to the required height within 10 days after such notice
is given. Notice shall be given by mailing the same to such owner
or tenant at the address on the tax records of the municipality and
such ten-day period shall commence two days after the mailing. Failure
to receive such notice shall not invalidate any of the proceedings
under this section.
[1961 Code § 12.01; 1972 Code § 190.001]
If such brush, hedges and other plant life are
not cut to the required height, or such brush, weeds, etc. are not
removed within such time as aforesaid, the Superintendent of Roads
or other officer acting in that capacity shall cut, remove or arrange
to have the same cut or removed in accordance with this section.
[1961 Code § 12.01; 1972 Code § 190.001]
In such event, such officer shall certify the
cost of such work performed to the Borough Council, which shall examine
the certificate and if found correct shall cause the cost as shown,
to be charged against the lands of the owner affected thereby, or,
in the event that the cost is deemed excessive, the reasonable cost
shall be charged against such lands. The amount charged against such
lands shall forthwith become a lien upon such lands and shall be added
to and form a part of the taxes assessed and levied upon such lands,
the same to bear interest at the same rate as other taxes, and shall
be collected and enforced by the same officer and in the same manner
as taxes.
[Ord. No.
28-1998 § 3-14.1]
For the specific purposes of this section, the
following terms whenever used herein or referred to in this section
shall have the respective meanings assigned to them hereunder unless
a different meaning clearly appears from the context:
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto; and the open land
space of any premises outside of any building or structure erected
thereon.
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof; or who
shall have charge, care or control of any lot, premises, building
structure or part thereof, as owner or agent of the owner, or as a
fiduciary trustee, receiver, guardian, lessee or mortgagee in possession,
regardless of how such possession was obtained. Any person, group
of persons or entity who is a lessee, sublessee or assignee of a lessee
or any part or all of any building with land shall be deemed to be
a co-owner with the lessor for the purpose of this section and shall
have responsibility over the portion of the premises so sublet, assigned
or leased.
A lot, plot, or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
Not able to give service or aid.
[Ord. No.
28-1998 § 3.14-2]
Every residential, nonresidential building,
structure, lot and the premises or part of the premises on which it
is situated in the Borough of Ramsey, previously or presently used
or intended to be used for dwelling, commercial, business, recreational,
service, transportation, institutional, religious, charitable, quasi-public,
professional or industrial occupancy and uses accessory thereto, shall
comply with the provisions of this section, whether or not any such
building or structure shall have been constructed, altered, or repaired
before or after the enactment of this section and irrespective of
any permits or license which may have been issued for the use and
occupancy of such building or for the installation or repair of equipment
or facilities prior to the effective date of this section. Vacant
lots, lands and premises are also required to comply with the provisions
of this section.
[Ord. No.
28-1998 § 3.14-3]
In any case where the provisions of this section
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Borough of Ramsey or under the laws or regulations
of the State of New Jersey, or its agencies, then the standards set
forth herein shall prevail, but if the provisions of this section
impose a lower or lesser standard than any other regulation or ordinance
of the Borough of Ramsey, or of the laws and regulations of the State
of New Jersey, or any of its agencies, then the higher standard contained
in any such ordinance, regulation, or law shall prevail.
[Ord. No.
28-1998 § 3.14-4]
Compliance with this section shall not constitute
a defense against any violation of any other ordinance of the Borough
of Ramsey applicable to any structure or premises, nor shall any one
act of compliance constitute a defense against any subsequent or other
violation of this section.
[Ord. No.
28-1998 § 3-14.5]
Owners shall have all the duties, obligations,
and responsibilities prescribed in this section.
[Ord. No.
28-1998 § 3.14-6]
Any alteration to buildings, structures or appurtenances
thereto, or changes of use therein, which may be caused directly or
indirectly by the enforcement of this section shall be done in accordance
with all applicable sections of the Building Code of the Borough.
[Ord. No.
28-1998 § 3.14-7]
Nothing contained in this section or any requirement
of compliance herewith shall be deemed to alter, impair or affect
the application of the Zoning Ordinance or zoning laws of the Borough.
[Ord. No.
28-1998 § 3.14-8]
Nothing in this section shall be deemed to abolish
or impair existing remedies of the Borough or its officers or agencies
to the removal or demolition of any buildings or structures which
are deemed to be dangerous, unsafe or unsanitary.
[Ord. No.
28-1998 § 3.14-9]
In furtherance of the purpose of this section,
it shall be the duty and responsibility of the owner of premises to
comply with any or all of the requirements and standards of this section
to keep the premises free of conditions which constitute violation
hereof, and to promptly remove, prevent or abate such conditions.
[Ord. No.
28-1998 § 3.14-10]
a.
The exterior of all premises shall be kept free of
the following matter, materials or conditions:
1.
Except in connection with the municipal collection
of same, garbage and all abandoned, discarded, useless for its intended
purposes, and unused solid waste matter or materials including by
way of example, and not limitations, appliances, bedding, hot water
heaters, construction materials, furniture, machinery and metal scrap;
2.
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotted or unsafe exterior portions of buildings or
structures including, but not limited to, porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, supporting
members, timber abutments, fire escapes, signs, loose or crumbling
bricks, stones, mortar or plaster;
3.
Abandoned, uncovered or structurally unsound shafts,
towers, television antennas, satellite dish antennas, exterior cellar
openings, basement hatchways, foundations or excavations (as determined
by the Enforcement Officers hereinafter set forth);
4.
Structurally unsafe or unsound fences;
5.
Hidden or uncovered ground or surface hazards such
as holes, depressions, tree roots, sharp or jagged projections or
obstructions in areas accessible to the general public;
6.
Loose and overhanging objects including, but not limited
to, dead trees or tree limbs, accumulations of ice or any object,
natural or man-made, which could threaten the health and safety of
persons or other similarly overhanging objects which by reason of
their location above ground level, constitute an actual hazard to
persons or vehicles in the vicinity thereof;
7.
Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which may
cause a safety hazard to persons coming in contact therewith in areas
accessible to the general public;
8.
Broken glass or windows; rotted or missing or substantially
destroyed window frames, exterior doors or other major exterior components
of buildings or structures;
9.
Automotive parts and lubricating oils;
10.
Substantial peeling or flaking paint on two
or more sides of a structure or building, loose siding or insulation,
shingles, shutters and awnings;
11.
Exposed exterior surfaces remaining in a state
of disrepair for a period of more than 30 days or incomplete exterior
construction which has been suspended for a period of more than 30
days.
b.
Without limitation by the foregoing, it shall also
be the duty and responsibility of owner to keep the exterior of all
premises structurally sound, in good repair and sufficiently maintained
to an extent so as to avoid and prevent conditions that violate the
purposes of this Code as hereinabove set forth.
[Ord. No.
28-1998 § 3.14-11]
The Building Subcode Official and the Zoning
Enforcement Officer and their assistants, if any, are hereby designated
as the officers charged with the enforcement of this Code and are
hereinafter referred to as the Enforcement Officers.
[Ord. No.
28-1998 § 3.14-12]
Whenever the Enforcement Officer determines
that there is or has been a violation of any provision of this section,
he shall give notice of such violation to the person or persons or
entities responsible therefor under this section. Such notice shall
be in writing and shall include a concise statement of the reasons
for its issuance and the required remedy to abate the cited violation.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by registered or certified mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax lists of the municipality; or a copy
thereof handed to said person or persons; or a copy thereof left at
the usual place of abode or office of said person or entities. Notice
shall be given as aforesaid within or without the municipality. The
notice shall also state that unless the violation is abated, removed,
cured, prevented, or desisted from within 60 days of the date of service
of such notice (exclusive of the date of service), a summons shall
be issued for such violations. The Enforcement Officer shall state
such reasonably required extended period in the notice which shall
then be applicable instead of the aforesaid 60 days, taking into consideration
the nature of the offense, weather conditions needed to abate the
violation and any special circumstance concerning the owner or the
nature of the violation. In the event the violation is not abated,
removed or cured, prevented or desisted from or otherwise fully remedied
or a request for a reasonable extension of time to comply is not made
within said sixty-day period, or within such extended period as set
forth in the notice or any extensions thereof pursuant to the foregoing,
a summons shall then be issued against the person, persons, entity
or entities so notified, returnable in the Municipal Court of the
Borough of Ramsey.
[Ord. No.
28-1998 § 3.14-13]
Whenever the Enforcement Officer finds that
an emergency condition in violation of this section exists, which
condition requires immediate attention in order to protect the public
health or safety, he may issue an order by service of notice as hereinbefore
set forth reciting the existence of such an emergency condition and
requiring that such action be taken by the violator as soon as it
is reasonably possible to correct the emergency condition. Notwithstanding
any other provision of this section, such order shall be effective
immediately and any person to whom such an order is directed shall
comply therewith immediately and if he fails to do so, the Borough
may correct the emergency condition at the expense of the violator.
If the violator does not reimburse the Borough for the expense of
correcting the emergency condition, such amount shall be certified
to the Borough Tax Collector and shall constitute a lien upon the
subject premises.
[Ord. No.
28-1998 § 3.14-14]
Any person or persons or entity who shall violate
any of the provisions of this section or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, upon conviction,
be punished as follows:
a.
For a first offense, by a fine not to exceed $100;
b.
For a second offense, by a fine not to exceed $300;
c.
For a third offense, or any subsequent offenses, by
a fine not to exceed $500 or by imprisonment in the County Jail for
a period not to exceed 30 days or by both such fine and imprisonment;
d.
In addition to the monetary penalties set forth above,
upon conviction, the Court shall order that the violation be corrected
within a reasonable time as determined under the circumstances by
the Court. If the order is not complied with, the Borough may without
further notice correct the violation at the expense of the violator.
If the violator does not reimburse the Borough for the expense of
correcting the violation, such amount shall be certified to the Borough
Tax Collector and shall constitute a lien upon the subject premises;
e.
Each violation of any of the provisions of this section
and each day that a summons is issued shall be deemed to be a separate
and distinct offense, which may be merged into one offense in the
discretion of the Court.
[Ord. No.
8-2002 § 1]
Notwithstanding anything to the contrary contained in Chapter 3 herein, it shall be unlawful for a person under the legal age to knowingly possess or consume alcoholic beverages on private property in the Borough of Ramsey.
[Ord. No.
8-2002 § 1]
Any person who violates this section shall be
subject to a fine of $250 for a first offense and $350 for any subsequent
offense and in addition to such fines, the Court may suspend or postpone
for six months the driving privilege of the defendant. The Court may
also, in its discretion, require the performance of community service
for a period not to exceed 30 days.
[Ord. No.
8-2002 § 1]
a.
Any person under the legal age who is engaged in the
employment of a licensed establishment, place or business which serves
alcoholic beverages and who is required to deliver or place alcoholic
beverages on display.
b.
Any person under the legal age who possesses or consumes
alcoholic beverages in connection with a religious observance, ceremony
or rite or who consumes or possesses an alcoholic beverage in the
presence of and with the permission of a parent, guardian or relative,
who has attained the legal age to purchase and consume alcoholic beverages.
[Ord. No.
8-2002 § 1]
GUARDIAN — A person who has
qualified as a guardian of the underaged person pursuant to testamentary
or Court appointment.
The underaged person's grandparent, aunt or uncle, sibling,
or any other person related by blood or affinity. All persons included
herein as a "relative" shall be 21 years of age or older.
[Ord. No.
3-2005 § 1]
Any person who is arrested for a violation of
the provisions of R.S. 39:4-50 shall be held in protective custody
at an appropriate police or other facility where the person's condition
may be monitored until the person is no longer a danger to himself
or others. The person shall be released from protective custody when
that person is no longer a danger to himself or others. A person is
no longer a danger to himself or others when the person's blood alcohol
concentration is less than 0.05% and the person is no longer under
the influence of any intoxicating liquor or narcotic or hallucinogenic
or habit-forming drug to the extent that the person's facilities are
impaired. In no event shall the municipality's law enforcement agency
hold a person in protective custody for a period of longer than eight
hours without providing an appropriate hearing.
[Ord. No.
3-2005 § 1]
Notwithstanding the provisions of this section,
provided that it is not a detriment to the public safety, the arresting
law enforcement agency may, because of the age, health or safety of
the arrested person, release the person pursuant to the provisions
of P.L. 2001, c.69 (C39:4-50.22 et seq.) or provide an appropriate
alternative to protective custody. The municipality and its law enforcement
agency shall not be subject to liability if a person is released from
custody pursuant to the provisions of this ordinance under the Act.
[Ord. No.
3-2005 § 1]
Nothing in this section shall be construed as
requiring the use of State Police facilities by the municipality for
purposes of this section under the Act.
[Ord. No.
10-2005 § I]
[Ord. No.
10-2005 § I]
Any person who has been found to have violated
this section shall be subject to the following:
a.
For any offense, a fine of not less than $50 nor more
than $1,000 per offense.
b.
Or at the Judge's discretion, the Judge may suspend
the fine in lieu of attendance by the offender, at his or her own
expense, in a smoking cessation program recommended by the Ramsey
Board of Health including the dangers of smoking, tobacco use and
secondhand smoke.
[Adopted 6-28-2006 by Ord. No. 21-2006]
The purpose of this section is to prohibit the
spilling, dumping, or disposal of materials other than stormwater
to the municipal separate storm sewer system (MS4) operated by the
Borough of Ramsey, so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
a.
For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
b.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
As used in this section, the following terms shall
have the meanings indicated:
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Ramsey or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm water system
operated by the Borough of Ramsey is prohibited. The spilling, dumping,
or disposal of materials other than stormwater in such a manner as
to cause the discharge of pollutants to the municipal separate storm
sewer system is also prohibited.
a.
Waterline flushing and discharges from potable water
sources.
b.
Uncontaminated groundwater (e.g., infiltration, crawl
space or basement sump pumps, foundation or footing drains, rising
groundwaters).
c.
Air-conditioning condensate (excluding contact and
noncontact cooling water).
d.
Irrigation water (including landscape and lawn watering
runoff).
e.
Flows from springs, riparian habitats and wetlands,
water reservoir discharges and diverted stream flows.
f.
Residential car washing water, and residential swimming
pool discharges.
g.
Sidewalk, driveway and street wash water.
h.
Flows from fire-fighting activities.
i.
Flows from rinsing of the following equipment with
clean water:
1.
Beach maintenance equipment immediately following
their use for their intended purposes; and
2.
Equipment used in the application of salt and de-icing
materials immediately following salt and de-icing material applications.
Prior to rinsing with clean water, all residual salt and de-icing
materials must be removed from equipment and vehicles to the maximum
extent practicable using dry cleaning methods (e.g., shoveling and
sweeping). Recovered materials are to be returned to storage for reuse
or properly discarded.
3.
Rinsing of equipment, as noted in the above situation
is limited to exterior, undercarriage, and exposed parts and does
not apply to engines or other enclosed machinery.
This section shall be enforced by the Police
Department of the Borough of Ramsey.
Any person(s) who continues to be in violation
of the provisions of this section, after being duly notified, shall
be subject to a fine not to exceed $500.
Each section, subsection, sentence, clause and
phrase of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause or reason shall not affect any other portion of this
section.
[Adopted 6-28-2006 by Ord. No. 21-2006; amended in its entirety 6-10-2009 by Ord. No.
11-2009]
The purpose of this section is to prohibit the feeding of unconfined
wildlife in the Borough of Ramsey, so as to protect public health,
safety and welfare, and to prescribe penalties for failure to comply.
a.
For the purpose of this section, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
b.
FEED
PERSON
STRAY ANIMAL
WILDLIFE
As used in this section, the following terms shall have the meanings
indicated:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Includes any dog or cat that is not licensed to a Ramsey
resident pursuant to the Code of the Borough of Ramsey, and kept and
maintained on the resident's property.
All animals that are neither human nor domesticated and shall
include but not be limited pigeons, waterfowl, raccoons, skunks or
groundhogs.
Any person that shall violate any of the provisions of this
section shall, upon conviction thereof, for each offense, pay a penalty
of not less than $250 nor more than $500 for the first offense and
a penalty of not less than $1,000 nor more than $1,500 for second
and subsequent offenses, or imprisonment or community service for
a period not exceeding 90 days.
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause and
phrase, and the finding or holding of any such portion of this section
to be unconstitutional, void or ineffective for any cause or reason,
shall not affect any other portion of this section.
[Adopted 6-28-2006 by Ord. No. 21-2006]
The purpose of this section is to prohibit illicit
connections to the municipal separate storm sewer system(s) operated
by the Borough of Ramsey so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
a.
For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
b.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NONCONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
As used in this section, the following terms shall
have the meanings indicated:
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Borough of Ramsey, unless that discharge is
authorized under a NJPDES permit other than the Tier A Municipal Stormwater
General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections
may include, but are not limited to, leaks, flows, or overflows into
the municipal separate storm sewer system.
Nondomestic waste, including, but not limited to, those pollutants
regulated under Section 307(a), (b), or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b), or (c)].
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Ramsey or other public body, and is designed and
used for collecting and conveying stormwater. NOTE: In municipalities
with combined sewer systems, add the following: "MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources."
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may, however, contained algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
No person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
system operated by the Borough of Ramsey any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
This section shall be enforced by the Police
Department of the Borough of Ramsey.
Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine not to
exceed $500.
Each section, subsection, sentence, clause and
phrase of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
[Adopted 6-28-2006 by Ord. No. 22-2006]
The purpose of this section is to establish
a yard waste collection and disposal program in the Borough of Ramsey,
Bergen County, New Jersey, so as to protect public health, safety
and welfare, and to prescribe penalties for the failure to comply.
a.
For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrate
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
b.
CONTAINERIZED
PERSON
STREET
YARD WASTE
As used in this section, the following terms shall
have the meanings indicated:
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
Sweeping, raking, blowing or otherwise placing
yard waste that is not containerized at the curb or along the street
is only allowed during the seven days prior to a scheduled and announced
collection, and shall not be placed closer than 10 feet from any storm
drain inlet. Placement of such yard waste at the curb or along the
street at any other time or in any other manner is a violation of
this section. If such placement of yard waste occurs, the party responsible
for placement of the yard waste must remove the yard waste from the
streets or said party shall be deemed in violation of this section.
The provisions of this section shall be enforced
by the Police Department of the Borough of Ramsey.
Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine not to
exceed $500.
[Adopted 12-27-2006 by Ord. No. 46-2006]
Exterior lighting in the Borough of Ramsey is
hereby regulated so as to prevent same from becoming a nuisance contrary
to the health, safety and welfare of persons residing in the Borough.
Artificial lighting or illumination provided on any property or used in an R-1, R-2 or R-3 Residential District as defined in Chapter 34 of the Code of the Borough of Ramsey shall adhere to the following:
a.
The intensity from the illumination of directional
light fixtures at any location along the property line from which
the light originates shall not exceed 1.0 footcandle.
a.
Violation. It shall be a civil infraction for any
person to violate any of the provisions of this section. Each and
every day during which the violation continues shall constitute a
separate offense.
b.
Violations and legal actions. If, after investigation,
the Code Enforcement Officer finds that any provisions of this section
is being violated, he shall give notice by hand delivery or by certified
mail, return-receipt requested, of such violation to the owner and/or
to the occupant of such premises, demanding that violation be abated
within 30 days of the date of hand delivery or of the date of mailing
of the notice. If the violation is not abated within the thirty-day
period, the Code Enforcement Officer may institute actions and proceedings,
either legal or equitable, to enjoin, restrain, or abate any violations
of this section and to collect the penalties for such violations.
c.
Penalties. A violation of this section, or any provision
thereof, shall be punishable by a civil penalty of not less than $50
nor more than $1,000 for any individual (and not more than $10,000
for any corporation, association, or other legal entity) for each
violation. The imposition of a fine under this section shall not be
suspended. Each day of violation after the expiration of the thirty-day
period provided in Paragraph b shall constitute a separate offense
for the purpose of calculating the civil penalty.
[Adopted 8-27-2008 by Ord. No. 11-2008]
No person, including any individual or entity,
shall discharge or permit the discharge of a product commonly know
as "silly string" or other similar product in or along the public
streets, sidewalks, parks or public places in the Borough of Ramsey
at any time.
No person, including any individual or entity,
shall sell a product commonly known as "silly string" or other similar
product in or along the public streets, sidewalks, parks, public places
or from any business conducted in the Borough of Ramsey from May 15
to September 15, both inclusive, and in December of any year.
As used in this section, the following terms
shall have the meanings indicated:
Any area in the Borough of Ramsey dedicated as a public park
or used for park, recreation or conservation purposes.
Any place owned, leased or utilized for the benefit of the
public by or on behalf of the Borough of Ramsey or any governmental
agency.
The area within the public right-of-way adjoining streets
in the Borough of Ramsey.
A putty-like substance which is shot and/or propelled by
use of an aerosol can and/or similar dispenser and which, when so
shot/propelled, emerges from said can/dispenser in a string-like form,
the same being sold under the product name of "Silly String" and/or
other product names.
Any street laid out and used as a public thoroughfare in
the Borough of Ramsey.
A violation of this section shall subject the violator to the penalties provided in Section 1-5 General Penalty, of the Code of the Borough of Ramsey.
[Adopted 8-27-2008 by Ord. No. 11-2008]
No person, including any individual or entity,
shall discharge or permit the discharge of a product called "poppers"
in or along the public streets, sidewalks, parks or public places
in the Borough of Ramsey at any time.
No person, including any individual or entity,
shall sell a product called "poppers" in or along the public streets,
sidewalks, parks, public places or from any business conducted in
the Borough of Ramsey from May 15 to September 15, both inclusive,
and in December of any year.
As used in this section, the following terms
shall have the meanings indicated:
Any area in the Borough of Ramsey dedicated as a public park
or used for park, recreation or conservation purposes.
Any place owned, leased or utilized for the benefit of the
public by or on behalf of the Borough of Ramsey or any governmental
agency.
The area within the public right-of-way adjoining streets
in the Borough of Ramsey.
Includes the product name "Pop Pop Snapper" or "Fun Snaps"
or any product, including the aforementioned, which consists of a
ball of gun powder rolled up in paper intended to be utilized as a
toy firework that when thrown or dropped onto hard surfaces or otherwise
detonated causes a pop or snap noise.
Any street laid out and used as a public thoroughfare in
the Borough of Ramsey.
A violation of this chapter shall subject the violator to the penalties provided in Section 1-5, General Penalty, of the Code of the Borough of Ramsey.
[Adopted 3-11-2009 by Ord. No. 05-2009]
The purpose of this section is to provide a uniform set of procedures
for administering the placement and maintenance of clothing bins within
the Borough of Ramsey (Borough), as well as providing for a uniform
set of procedures for administering the issuance and revocation of
all permits issued by the Borough for the placement of clothing bins.
As used in this section, the following terms shall have the
meanings indicated:
Any enclosed receptacle, container or other depository made
of metal, steel, wood or other material and designed or intended for
the collection or temporary storage of clothing or other materials
for donation, charity, sale or other purpose.
The request, directly or indirectly, for money, credit, property,
financial assistance, or other thing of any kind of value. "Solicitation"
shall include, but not be limited to, the use or employment of canisters,
cards, receptacles or similar devices for the collection of money
or other thing of value. A solicitation shall take place whether or
not the person making the solicitation receives any contribution.
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing bin for solicitation
purposes within the Borough without first obtaining a permit valid
for a period of one year, from the Borough's Zoning Officer as hereinafter
provided.
a.
Application for a permit to place and/or maintain a clothing bin
shall be made in writing to the Borough's Zoning Officer prior to
placing and/or maintaining the clothing bin.
b.
The application shall contain the following information:
1.
Name, address and telephone number of the person, firm, corporation,
club or charitable organization, institution or association placing
and/or maintaining such clothing bin;
2.
Name and address of the owner of the property or premises on which
the clothing bin is to be located and the written consent of the owner
if the applicant is other than the owner;
3.
The location where the clothing bin would be situated, as precisely
as possible, on a survey or site plan of the property;
4.
A description including dimensions of the proposed clothing bin;
5.
The manner in which the person, firm, corporation, club or charitable
organization, institution or association anticipates any clothing
or other donations collected via the clothing bin would be used, sold
or dispersed, and the method by which the proceeds of collected donations
would be allocated or spent; and
6.
The schedule of pickups removing the articles from the clothing bins,
which can be no less often than once per week, and the name and telephone
number of the person to be notified if the clothing bin is overflowing
prior to the scheduled date of pickup.
c.
The applicant shall secure minor site plan approval for the bin from the Planning Board in accordance with Section 31-1 et seq. and for the specific purpose of insuring that the placement of such bin will not constitute a safety hazard and is not placed in parking spaces required for the primary use of the premises.
d.
The Zoning Officer shall not grant an application for a permit to
place, use or employ a clothing bin if he/she determines that the
placement of this bin would constitute a health or safety hazard.
Such hazards shall include, but not be limited to, the placement of
a clothing bin within 100 yards of any place which stores large amounts
of or sells fuel or other flammable liquids or gases.
e.
The annual fee for such application for the permit to place and/or
maintain a clothing bin shall be $25.
f.
An expiring clothing bin permit may be renewed upon payment of the
renewal fee of $25 and by application to the Zoning Officer for renewal
that shall include the following information:
1.
Name, address and telephone number of the person, firm, corporation,
club or charitable organization, institution or association placing
and/or maintaining such clothing bin;
2.
Name and address of the owner of the property or premises on which
the clothing bin is to be located and the written consent of the owner
if the applicant is other than the owner, and, if the applicant intends
to move it, the new name and address of the owner of the premises
on which the clothing bin is to be located and the written consent
of the owner if the applicant is other than the owner;
3.
The location where the clothing bin would be situated, as precisely
as possible, and if the applicant intends to move it, the new location
where the clothing bin would be situated, as precisely as possible;
4.
A description including dimensions of the proposed clothing bin;
5.
The manner in which the person, firm, corporation, club or charitable
organization, institution or association has used, sold or dispersed
any clothing or other donations collected via the clothing bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person, firm, corporation, club or charitable
organization, institution or association anticipates it may make in
these processes during the period covered by the renewal; and
6.
The schedule of pickups removing the articles from the clothing bins,
which can be no less often than once per week, and the name and telephone
number of the person to be notified if the clothing bin is overflowing
prior to the scheduled date of pickup.
a.
The following information shall be clearly and conspicuously displayed
on the exterior of the clothing bin;
1.
The permit number and its date of expiration.
2.
The name and address of the registered person, firm, corporation,
club or charitable organization, institution or association that owns
the clothing bin, and of any other entity which may share or profit
from any clothing or other donations collected via the bin.
3.
The telephone number of the person, firm, corporation, club or charitable
organization, institution or association's bona fide office and, if
applicable, the telephone number of any other entity which may share
or profit from any clothing or other donations collected via the bin.
4.
In cases when an entity other than the person who owns the clothing
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, an entity other than the person, firm, corporation, club or charitable
organization, institution or association who owns the bin, and identifying
all such entities which may share or profit from such donations.
5.
A statement, indicating the manner in which the person, firm, corporation,
club or charitable organization, institution or association anticipates
any clothing or other donations collected via the bin would be used,
sold or dispersed, and the method by which the proceeds of collected
donations would be allocated or spent.
6.
A statement advising that no clothing articles are to be placed outside
the storage unit.
b.
An application for a permit to place and/or maintain a clothing bin
shall not be granted and a permit may be revoked if the Borough Zoning
Officer determines that the placement of the bin could constitute
a health or safety hazard. Such hazards shall include, but are not
limited to, the placement of a clothing bin in parking spaces, in
any area that interferes with pedestrian or vehicular traffic, landscaping,
required setbacks, or any place which stores large amounts of or sells
fuel or other flammable liquids or gases, or is likely to or does
attract vermin or litter.
c.
A maximum of two clothing bins may be placed upon a property or premises.
d.
Each clothing bin shall be accessory to an existing nonresidential
use.
e.
Each clothing bin and surrounding area shall be maintained in a neat,
clean and orderly condition. Failure to maintain the clothing bin
and surrounding area in a neat, clean and orderly condition shall
be cause for revocation of the permit granted hereunder.
This section shall be enforced by the Zoning Officer. All clothing
bins shall be subject to inspection by the Zoning Officer or any duly
authorized representative of the Borough.
The Zoning Officer shall receive and investigate, within 30
days, any complaints from the public about a clothing bin. Whenever
it appears that a person, firm, corporation, club or charitable organization,
institution or association has engaged in or is engaging in any act,
omission or practice which violates this section, the person, firm,
corporation, club or charitable organization, institution or association
who placed and/or maintains the clothing bin shall be issued a warning,
stating that if the violation is not rectified or a hearing is not
requested within 45 days, the bin will be seized or removed at the
expense of the person, firm, corporation, club or charitable organization,
institution or association who placed the bin, and any clothing or
other donations collected via the bin will be sold at public auction
or otherwise disposed of at the sole and absolute discretion of the
Borough. In addition to any other means used to notify the person,
firm, corporation, club or charitable organization, institution or
association who placed the bin, such warning shall be affixed to the
exterior of the bin itself. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Borough.
a.
Any person, firm, corporation, club or charitable organization, institution
or association violating any of the provisions of this section which
results in the seizure of the donation clothing bin shall be:
1.
Subject to a penalty of up to $5,000 for a first offense, a penalty
of up to $10,000 for a second offense and a penalty of up to $20,000
for a third and subsequent offense. The Zoning Officer may bring this
action in the municipal court or Superior Court as a summary proceeding
under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq.,
and any penalty monies collected shall be paid to the Borough; and
2.
Deemed ineligible to place and maintain a clothing bin pursuant to
this section. A person, firm, corporation, club or charitable organization,
institution or association disqualified from placing and/or maintaining
a clothing bin by violating the provisions of this section may apply
to the Zoning Officer to have that person, firm, corporation, club
or charitable organization, institution or association's eligibility
restored. The eligibility of a person, firm, corporation, club or
charitable organization, institution or association may have its eligibility
restored if that person, firm, corporation, club or charitable organization,
institution or association has:
3.
In addition to any other penalties or remedies under this section,
any person, firm, corporation, club or charitable organization, institution
or association that violates any provision which results in a threat
to public health or safety shall be subject to all penalties and remedies
available under the Borough's police powers.
[Adopted 6-11-2009 by Ord. No. 13-2009]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and to prohibits the spilling, dumping, leaking,
or otherwise discharging of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Borough of Ramsey and/or the waters of the state so as to protect
public health, safety and welfare, and to prescribe penalties for
the failure to comply.
a.
For the purpose of this section, the following terms, phrases, words,
and their derivations shall have the meanings stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
b.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
As used in this section, the following terms shall have the meanings
indicated:
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Ramsey or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls, whether owned,
leased or operated, including dumpsters, trash cans, garbage pails
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewage or drainage facilities,
or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
Any person who controls, whether owned, leased or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
The following are exceptions to the above prohibition:
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers).
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large, bulky items (e.g. furniture, bound carpet and padding, white
goods placed curbside for pickup).
The Code Enforcement Official, the Police Department, the Department
of Health and the Property Maintenance Official are hereby individually
and severally empowered to enforce the provisions of this section.
The respective enforcing official may, in his or her discretion, issue
a warning for a first offense.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine of up to $500.
[Adopted 6-10-2009 by Ord. No. 15-2009]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Ramsey so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
a.
For the purpose of this section, the following terms, phrases, words,
and their derivations shall have the meanings stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
b.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
As used in this section, the following terms shall have the meanings
indicated:
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Borough of Ramsey or other public body, and is designed and
used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
No person in control of private property (except residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
to coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on the property unless
the storm drain inlet either:
Storm drain inlets identified in Subsection 3-27.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended or settleable solids. For exemptions to this standard, see Subsection 3-27.5c below.
a.
Grates.
1.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
2.
Examples of grates subject to this standard include grates in grate
inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than 7.0 square inches, or be no greater than 2.0 inches across the
smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
The Code Enforcement Official, the Police Department, the Department
of Health and the Property Maintenance Official are hereby individually
and severally empowered to enforce the provisions of this section.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this section or any of the rules
and regulations promulgated hereunder shall, upon conviction thereof,
be punishable by a fine of not less than $250 nor more than $1,000.
[Adopted 2-9-2011 by Ord. No. 02-2011]
This section shall be known as the "Ramsey Filming Ordinance."
The Mayor and Council of the Borough of Ramsey recognize that
the Borough historic sites, pristine homes and quaint business district
are attractive to individuals, organizations, groups, commercial filming
businesses and other entities involved in the business of still photography,
motion pictures, television and/or other forms of commercial filming.
Such activities described above may create, particularly when operated
or conducted in a residential zone or business district, traffic and
safety concerns and other encroachments to the public safety, health
and welfare of the Ramsey community and its residents. Due to the
impact of these activities, particularly the time, location and duration
of the filming and the accessory vehicles or structures utilized in
conjunction therewith, the Borough has decided to regulate such activities
through the issuance of permits. The purpose of this section is to
set forth the requirements and restrictions governing the issuance
of such permits.
As used in this section, the following terms shall have the
meanings indicated.
The taking of still or motion pictures either on film, videotape,
digitally or similar recording medium, for commercial or educational
purposes intended for viewing on television, in theaters or for institutional
uses. The provisions of this section shall not be deemed to include
the filming of news stories within the Borough of Ramsey.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the Borough that
is within the jurisdiction and control of the Borough of Ramsey.
a.
No person or organization shall film or permit filming within the geographic boundaries of the Borough of Ramsey without first having a permit from the office of the Borough Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates not to exceed three in duration, except in the case of a major motion picture as described in Subsection 3.28-3, the definition of "major motion picture." Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk, be accompanied by a permit fee in the amount established by this section in Subsection 3-28.7 herein and shall contain the following information:
1.
Name and address of the applicant;
2.
Proposed location, dates and hours of the filming at each location;
3.
Affidavit of owners' consent for filming at each location;
4.
Number of members of the cast and crew who will be present at the
film site for each location;
5.
The number of vehicles to be present at the filming site at each
location, including make and model and license plate of each vehicle
and whether the entire group of vehicles can and will be legally parked
off the street at each location; and
6.
The name, address and telephone number of the individual in charge
of cast and crew.
c.
A permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three days, except in the case of a major motion picture, as described in Subsection 3.28-3, the definition of "major motion picture," provided that the maximum number of days of filming authorized in any calendar year shall not exceed 10 days.
d.
No permits will be issued by the Borough Clerk unless applied for
prior to five days before the requested shooting date; provided, however,
that the Borough Clerk may waive the five-day period if, in the Clerk's
judgment, the applicant has obtained all related approvals and adjacent
property owners or tenants do not need to be notified.
e.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Borough Clerk may, at the request of the applicant, issue a new
permit for filming on other dates subject to full compliance with
all other provisions of this section. No additional fee shall be paid
for this permit.
[Amended 12-20-2021 by Ord. No. 16-2021]
a.
No permit shall be issued for filming in the Borough of Ramsey unless
the applicant for such permit:
1.
Notifies all property owners within 100 feet of each film site in
a residential district at least seven days prior to the date of each
filming of the intent to film at each location. Such property owner
list may be acquired at the Borough Assessor's office.
2.
Provides and maintains during the life of the project insurance policies
of the type and with the minimum limits indicated below and in form
satisfactory to the Municipality. The applicant shall provide a certified
copy of the policies and/or certificates of insurance satisfactory
to the Municipality prior to commencement of work.
(a)
Policy and limit guidelines as follows:
(1)
Commercial general liability insurance coverage, written on
an occurrence basis, and must not be altered by any endorsements limiting
coverage. Limits of liability shall not be less than the following:
|
$2,000,000
|
General aggregate per location/per project
|
|
$2,000,000
|
Products/completed operations
|
|
$1,000,000
|
Personal injury and advertising injury limit
|
|
$1,000,000
|
Each occurrence combined single limit for bodily injury and
property damage
|
(i)
Premises/operations.
(ii)
Independent contractors.
(iii)
Contractual liability covering liability assumed
under the indemnification provision contained in this Agreement and
deleting any third-party beneficiary exclusion.
(iv)
Broad form property damage liability including
completed operations.
(v)
Personal injury coverage, including coverage for
liability arising from false arrest, malicious prosecution, willful
detention, libel, slander, defamation of character, invasion of privacy
and wrongful egress or entry.
(vi)
Products and completed operations.
(vii)
Limited pollution cleanup at a limit of $100,000
if there is to be any environmental disturbance.
(2)
Comprehensive automobile liability insurance covering the use
of all owned, nonowned, hired or leased automobiles with limits of
liability not less than $1,000,000 combined single limit for bodily
injury and property damage.
(b)
Additional requirements as follows:
(1)
Certified copies of all insurance policies provided above or
certificates thereof satisfactory to the Borough of Ramsey shall be
furnished forthwith. Each such policy or certificate shall contain
a provision that it is not subject to change or cancellation unless
30 days' prior written notice via certified mail, return receipt
shall have been given to the Borough of Ramsey by the applicant's
insurer.
(2)
The applicant agrees that it will defend, indemnify and hold
harmless the Borough of Ramsey, its officers, agents and employees
from any and all liability, suits, actions, and demands all damages,
costs or fees on account of injuries to persons or property, including
accidental death, arising out of or in connection with the project,
or by reason of the operations under this agreement.
(3)
All insurance purchased and maintained by the applicant shall
designate the Borough of Ramsey, its officers, officials, agents,
employees, and consultants as additional insured.
(4)
Except as modified by the Borough of Ramsey, in writing, the
insurance requirements herein shall also apply to subcontractors and
to the sub-subcontractors, and the applicant will be responsible for
supervision of the filing of certified copies of the insurance policies
and/or insurance certificates prior to any subcontractor commencing
work on the project.
(c)
In the event that the applicant provides evidence of insurance
valid for a period of time less than the period during which the applicant
is required to maintain insurance, the applicant shall be obligated
to renew its insurance policies as necessary and to provide new evidence
of insurance in order that the Borough of Ramsey is continuously in
possession of evidence of the applicant's insurance in accordance
with the foregoing provisions.
3.
Agrees in writing to indemnify the Borough and hold it harmless from
any and all claims and liability and pay costs of suit and attorneys'
fees expended by the Borough to defend any such claim that may arise
out of the filming activity permitted.
4.
Posts a cash bond of $500 or a maintenance bond of $1,000 running
in favor of the Borough and protecting and insuring that the location
will be left, after filming, in a satisfactory condition, free of
debris, rubbish and equipment, and that due observance of all Borough
ordinances, laws and regulations will be followed.
b.
Restrictions. No permit shall be issued for filming in the Borough
that involves:
1.
Pyrotechnics, explosives, or other activity deemed to be dangerous,
unsafe or a threat to public safety by the Borough Clerk or his/her
designee;
2.
Filming within 100 feet of any school within one hour before and
after the opening and closing of that school on any day the school
is in session; and
3.
Filming at a time earlier than 8:00 a.m. or later than 7:00 p.m.
in each day designated for filming.
c.
Requirements of filming.
1.
The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
impacted public lands and shall comply with all directives of the
Chief of Police of the Ramsey Police Department.
2.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or intrusion of adjoining property owners
attributable to such filming and shall abate, revise and park all
vehicles associated with filming off public streets. The holder shall
avoid any interference with previously scheduled activities upon public
lands and limit interference with normal public activity at such public
lands.
3.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and other rubbish from the filming
location upon completion for each day.
a.
The Borough Clerk may refuse to issue a permit whenever the Clerk
determines, on the basis of objective facts and after a review of
the application and a report thereon by the Police Department and
by other Borough agencies involved with the proposed filming site,
that filming at the location and/or the time set forth in the application
would violate any law or ordinance or would unreasonably impede the
free flow of vehicular or pedestrian traffic or otherwise endanger
the public's health, safety or welfare.
b.
Any person aggrieved by a decision of the Borough Clerk denying or
revoking a permit may appeal to the Mayor and Council. A written notice
of appeal setting forth the reasons for the appeal shall be filed
within 10 days of the Clerk's decision. The Mayor and Council shall
set the matter down for a hearing within 30 days of the day on which
the notice of appeal was filed. The decision of the Mayor and Council
shall be in the form of a resolution supporting the decision of the
Council at the first regularly scheduled public meeting of the Mayor
and Council after the hearing on the appeal, unless the appellant
agrees in writing to a later date.
c.
Waiver of requirements.
1.
The Borough Administrator may authorize a waiver of any of the requirements or limitations of this chapter, and may authorize filming other than during the hours herein described or may permit filming at a particular location in a residential zone for more than three days, to a maximum of 10 days at any one location other than in connection with major motion pictures, as further provided for in Subsection 3-28.3, the definition of "major motion picture," or may waive any other limitation or requirement of this section whenever he/she determines that such a permit may be issued without endangering the public health, safety and welfare. In determining whether to issue a waiver under this section, the Administrator shall consider the following factors:
(a)
Traffic congestion at the location caused by vehicles to be
parked on the public street.
(b)
The applicant's ability to remove film-related vehicles from
the public street.
(c)
When the applicant is requesting restrictions on the use of
public streets or public parking during the course of the filming.
(d)
Nature of the film shoot itself, e.g., indoor or outdoors; day
or night.
(e)
Prior experience of the film company/applicant with the Borough,
if any.
2.
Copies of the approved permit will be sent to the Police and Fire
Departments before filming takes place, and to the New Jersey Film
Commission. The applicant shall permit the Fire Prevention Bureau
or other Borough inspectors to inspect the site and the equipment
to be used. The applicant shall comply with all safety instructions
issued by the Fire Prevention Bureau or other Borough inspectors.
3.
In addition to any other fees or costs mentioned in this section,
the applicant shall reimburse the Borough for any lost revenue and
repairs to public property that the Borough was prevented from earning
because of filming.
The schedule of fees for the issuance of permits authorized
by this section are as follows:
a.
Basic filming permit: $75. Where an applicant requests a waiver of
the provision of Subsection 3-28-4d, requiring expedited processing
of the permit application, the basic filming permit fee shall be $125.
b.
Daily filming fee payable in addition to the basic filming permit:
$500 per day.
c.
Filming permit for nonprofit applicants filming for educational purposes
(no daily rate required): $25.
Any person violating this section or these rules and regulations,
upon conviction thereof, shall be punished by a fine not exceeding
$1,000 per day or by imprisonment in the Bergen County Jail for a
term not exceeding 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
[Adopted 6-8-2011 by Ord. No. 12-2011[1]]
As used in this section, the following terms shall have the
meanings indicated:
The use or operation of any mechanical exhaust device designed
to aid in the breaking, decompression or deceleration of any motor
vehicle which results in excessive, loud, unusual or explosive noise
from such vehicle.
It shall be unlawful for the driver of any motor vehicle to
use operate or cause to be used or operated, at any time and on any
roadway within the Borough of Ramsey, any mechanical exhaust or decompression
device which results in a practice known as "engine braking."
The provision of this section shall not apply to engine braking
where necessary for the protection of persons and/or property which
cannot be avoided by application of an alternative braking system.
Noise caused by the application of engine compression brakes, otherwise
known as "engine braking," which is effectively muffled or if the
application is necessary for the health, safety and welfare of the
community is exempt from the provisions of this section. Sounds created
by emergency equipment for emergency purposes are also exempt.
The Borough is hereby authorized to post signs at reasonable
locations within the Borough indicating the prohibition of the practice
of engine braking.
Unless another penalty is expressly provided by New Jersey Statute, any person convicted of a violation of this Section 3-29 shall be punished for a first conviction thereof by a fine of not more than $100 or by imprisonment for a period not to exceed 10 days, or by both such fine and imprisonment; for a second such conviction, such person shall be punished by a fine of not more than $200 or by imprisonment for a period not to exceed 20 days, or by both such fine and imprisonment; and upon the third of any subsequent conviction, such person shall be punished by a fine of not more than $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
[Adopted 6-27-2018 by Ord. No. 15-2018]
b.
The map prepared by Remington and Vernick Engineers, entitled "Drug
Free Zone Map," is hereby approved as an official finding and record
of the location and boundaries of the area or areas on or within 1,000
feet of school property, as owned or leased to any elementary or secondary
school or school board; and the map also depicts the area or areas
within 500 feet of public parks and/or public buildings within the
Borough of Ramsey, within the definitions of N.J.S.A. 2C:35-7 and
2C:35-7.1.
c.
The original maps shall be filed with the Ramsey Borough Clerk and
maintained as an official record of the Borough.
d.
The school board, or the Chief Administrative Officer in the case
of any private or parochial school, and the Borough Clerk/Administrator
for the public parks or public library, are hereby directed and shall
have the continuing obligation to promptly notify the Borough Engineer
and Borough Attorney of any changes or contemplated changes in the
location and boundaries of any property owned by or leased to any
elementary or secondary school or school board for schooling use,
or Borough public parks or public buildings.
e.
Pursuant to the provisions of L. 1997, c. 327,[2] 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 b of
this section. 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, or used as public park and recreation
area, or public library, 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 Borough, or that such property
is not used for school purposes, park and recreation or library use.
All of the requirements set forth in L. 1997, c. 327, concerning the
preparation, approval and adoption of a Drug Free Zone Map have been
complied with.
[2]
Editor's Note: See N.J.S.A. 2C:35-7.1.
[Adopted 7-27-2022 by Ord. No. 11-2022]
A lightning warning system is hereby authorized to be installed
and maintained as set for the herein.
The lightning warning system is installed and maintained by
the Borough of Ramsey at the following locations:
|
Main Receiver and Transmitter
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Ramsey Police Headquarters
|
|
Field Warning Horn and Strobe Units
|
Finch Park
|
|
MacFarren Field
| |
|
Erie Plaza, Commuter Lot at DPW Garage
| |
|
Ramsey Municipal Pool
| |
|
Porfido Park
| |
|
North Central Avenue Field (Mahwah)
| |
|
Adorno Fathers Field
|
Warning signs substantially in the form attached hereto and incorporated herein are authorized to be posted at appropriate places at the locations set forth in Subsection 3-31.1.
Pursuant to the lightning warning system, if a siren sounds
and/or a strobe light is flashing, the field is closed. No person
shall remain or continue field activities when a field is closed.
Any person, firm or corporation who or which shall violate any
provisions herein shall, after conviction thereof, be subject to a
fine not to exceed $1,000 or imprisonment for a term of not more than
90 days, or both.
[Adopted 11-13-2023 by Ord. No. 14-2023[1]]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately owned), including residences, in the
Borough of Ramsey, Bergen County, New Jersey, to protect the environment,
public health, safety and welfare, and to prescribe penalties for
failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing
the access way from wind-driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
a.
Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15 and April 15:
1.
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16
and October 14.
b.
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
c.
All such temporary and/or permanent structures must also comply with
all other Borough ordinances, including building and zoning regulations.
d.
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection 3-31.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
This section shall be enforced by the Ramsey Police Department
and/or Ramsey Borough Code Enforcement Official during the course
of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows: not less than $250 nor more than $1,000
per day.
