For violation of any provision of this chapter, any other chapter
of this revision, or any other ordinance of the township where no
specific penalty is provided regarding the section violated, the maximum
penalty, upon conviction, shall be a fine not exceeding $1,000, or
imprisonment for a period not exceeding 90 days, or both or to a period
of community service not exceeding 90 days at the discretion of the
municipal court judge. (N.J.S.A. 40:49-5)
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the township
exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
The Township Committee may prescribe that, for the violation
of any particular Code provision or ordinance, at least a minimum
penalty shall be imposed which shall consist of a fine which may be
fixed at an amount not exceeding $100. (N.J.S.A. 40:49-5)
The Township of Southampton may provide the New Jersey State Police assigned to the township with a preprinted summons book for use in enforcement of township police regulatory ordinances as set forth in Chapter 3 of "The Revised General Ordinances of the Township of Southampton." The summons book shall provide for identification of the named defendant, set forth the date, time and place of the incident and the specific township police regulatory ordinance allegedly violated. There shall be a brief written description of the alleged violation, the court date in Southampton Township municipal court when and where the matter will be heard and the potential penalty for the violation of the ordinance.
It shall be unlawful for any individual to be in or upon any
township owned park or property between and during the period of one-half
hour after sunset to one-half hour before sunrise. This prohibition
shall not be in effect during or within one-half hour after cessation
of township sponsored events, or other special events when permission
for said events has been granted by the Township Committee.
No child under the age of 18 years shall be upon any of the
public streets, highways, alleys or other public places of the township
between the hours of 10:00 p.m. and 6:00 a.m., either on foot or in
or upon any type of conveyance, unless such child is accompanied by
his or her parent, guardian or other person having legal care or custody
of such child or is accompanied by a responsible person over 18 years
of age.
A child under the age of 18 years shall not be considered in
violation of this curfew ordinance under the following circumstances:
a.
When the child is engaged in recognized school, civic or church activities,
legitimate social functions supervised by adults, or errands involving
medical emergencies.
b.
When the child is on the sidewalk of the place where he or she resides,
or on the sidewalk of either next door neighbor unless such neighbor
communicates an objection to the police officer or to the neighbors.
c.
When returning home by a direct route from the child's lawful and
gainful employment, provided prior written notice has been filed with
the Township Administrator, signed by the child's parent, identifying
the name, address and telephone number of the employer and the usual
hours of employment.
d.
When the child is, with parental consent, in a motor vehicle for
the purpose of direct interstate or intrastate movements along major
routes through Southampton Township and such travel begins or ends
in Southampton Township.
No parent, guardian or other person having the legal care or custody of a child under the age of 18 years shall allow or permit any such child to go or be in or upon any of the public streets, highways, alleys or other public places of the Township of Southampton between the hours of 10:00 p.m. and 6:00 a.m., except as specified in Subsection 3-2.2 of this section or unless reasonable necessity can be shown therefor.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be required to perform
community service and may in addition be subject to a fine not to
exceed $1,000, or imprisonment for a period not exceeding 90 days,
or both.
The continuation of such violation for each successive day shall
constitute a separate offense, and the person or persons allowing
or permitting the continuation of the violation may be punished as
provided above for each separate offense. If both a person under 18
years of age and his or her parent or guardian violate this section,
they shall be required to perform community service together.
It shall not be lawful for any pool hall or room or any billiard
parlor situate within the township to remain open between the hours
of 11:00 p.m. to 8:00 a.m. on any weekday from Monday to Friday inclusive;
nor to remain open at any time from the hour of 12:00 midnight on
Saturday to the hour of 8:00 a.m. on Monday.
No pool hall shall be located closer than 300 feet to any established,
duly recognized church in the township.
The riding of bicycles on the sidewalks is hereby prohibited.
As used in this section, the following terms shall have the
meanings indicated:
Any and all municipally owned lands bordering any of the
waters or waterways in this township as well as the water or waterways,
and the lands thereunder, adjacent to such municipally owned lands.
No person shall swim in, bathe or enter the waters of, enter,
frequent, linger or be in, or on at any public beach or any part thereof
before the hour of 9:00 a.m. or after the hour of 9:00 p.m. on any
day.
No person shall bring into or operate any boat, raft, or other
water craft, whether motor-propelled or not, upon the waters of any
public beach except in strict conformity with all State regulations
governing such operation and in such a manner and at such a distance
as not to annoy or frighten or endanger the safety of those bathing
therein or to damage any part of such public beach.
No person shall possess or drink alcoholic beverages in or at
any public beach in the Township of Southampton.
No person shall engage in loud, boisterous, threatening, abusive,
insulting, or indecent language or make any loud noise or engage in
any conduct annoying to others thereon or persons on property in the
vicinity, or engage in any disorderly conduct or behavior tending
to be a breach of the public.
No person shall deface, damage, injure or remove any growing
plants or shrubs, any signs or other property public or private thereon
or deposit or drop any papers, garbage, boxes, cans bottles or trash
or other litter on the public beach except in receptacles provided
for the purpose by the township.
The township shall erect a sign at each public beach briefly
digesting the provisions of this section or having a copy of this
section posted thereon, but the defacement, destruction or unauthorized
removal of such sign shall constitute no defense to any violation
charged hereunder.
No person shall consume any alcoholic beverages on any public
streets, thoroughfare, park, square, parking lot or other outdoor
public place or area in the township whether on foot or in a vehicle.
The Township Committee, in connection with public celebrations
or similar events may, by written permit, except from the provisions
of this ordinance, allow the consumption of alcoholic beverages in
a public park, square, parking lot or other public place or area or
portion thereof, in such permit specified and on a date and between
hours therein specified and subject to conditions designed to prevent
any abuse or disorder resulting therefrom.
[1]
Editor's Note: Former § 3-7, Mini-Bikes, Trail Bikes
and Other Vehicles, derived from portions of Ord. No. 1977-11, was
repealed by Ord. No. 2009-13.
No boats, canoes, or other waterborne craft propelled by motors
of any kind, inboard, outboard, mechanical or electrical in excess
of one horsepower, (or in case of electrical motors, in excess of
35 pounds thrust), shall be operated at any time in and on the waters
of Mill Pond, the north or south branches of the Rancocas Creek, Friendship
Creek, or other similar bodies of water within the Township of Southampton.
As an exception, township fire company and emergency squad members,
together with invited fire companies or squads from other townships,
shall be permitted to hold drills in lifesaving techniques, body-finding
procedures and similar drills, in their own motor-propelled crafts,
after giving due verbal notice thereof to the local police department.
Any person, firm or corporation violating or contributing in
any way to the violation of this section shall, upon conviction thereof,
be punishable by a fine of not more than $200 or imprisonment of not
more than 90 days, or both, in the discretion of the municipal magistrate.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
As used in this section, the words or phrases shall have the
meanings indicated unless otherwise required by the context:
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copy of any matter of literature
which, while containing reading matter other than advertising matter,
is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
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, carton 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, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, or
any handbills, advertisements, brochures, flyers, shoppers or other
unsolicited commercial matter, printed or otherwise, of every kind
or nature whatsoever, but does not include the waste of the primary
processes of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
Any dwelling or structure, whether or not occupied, and any
yard, grounds, sidewalk, wall, fence, driveway, porch, steps, vestibule
or mailbox belonging to or appurtenant to such dwelling or structure.
The areas between the edge of the pavement or traveled portion
of a highway, street or road, whether or not curbed, and the adjacent
private property line, and all areas used for any public park, playground,
municipal building or other installation, including driveways, parking
areas, walks, paths and other public ways thereupon.
a.
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.
b.
Whenever any litter is thrown or discarded or allowed to fall from
a vehicle or boat in violation of this subsection, the operator or
owner, or both, of the motor vehicle or boat shall also be deemed
to have violated this subsection.
The provisions of Subsection 3-9.2 shall not be applicable to the delivery of:
a.
Mail, parcels or packages by and in accordance with the rules of
the United States Parcel Service.
b.
Parcels, packages and materials by and in accordance with the rules
of the United Parcel Service and Railway Express Agency or other utility
licensed or regulated for such purposes, and those delivered by vendors
where ordered by or on behalf of the owner or occupant of the recipient
premises.
c.
Newspapers and other publications and periodicals that are solicited
or subscribed to by the owner or occupant of the recipient premises,
provided that such material is placed firmly in a receptacle designed
for such purpose, or there being no such receptacle, is tightly secured
or packaged so as to prevent blowing or scattering upon the recipient
premises or adjacent areas.
d.
Unsolicited and unsubscribed newspapers, publications and other periodicals
that are wholly or partially of a commercial nature, provided, that
such material is placed firmly in a receptacle designed for such purpose,
or there being no such receptacle is tightly secured or packaged so
as to prevent blowing or scattering upon the recipient premises or
adjacent areas.
e.
Laundry, dry cleaning, dairy, bakery and similar food products, and
commercial product sampling, by agreement with or invitation of the
owner or occupant of the recipient premises.
f.
Solicitation cards, brochures and flyers by duly authorized bona
fide non-profit charitable organizations, including, but not limited
to, United Fund, American Red Cross, religious, educational, medical
and Volunteer Police, Fire and Ambulance organizations, provided that
such material is tightly secured or packaged and placed in such manner
as not to blow or scatter upon the recipient premises or adjacent
areas.
g.
Noncommercial handbills of a political or other nature whose distribution
is protected by constitutional rights of free speech, provided that
such handbills are tightly secured or packaged in such manner as not
to blow and scatter upon the recipient premises or adjacent areas.
The owner or occupant of any property within the township shall
have the right at any time, in writing, either by certified mail or
in person, to transmit to the local office of the publisher and/or
distributor of any unsolicited or unsubscribed newspapers, publications
or other periodicals that are wholly or partially of a commercial
nature, a notice of objection to the continued delivery of any such
unsolicited and unsubscribed material. Such notice of objection shall
clearly identify the property to which the continued delivery of any
such unsolicited or unsubscribed material is objected. Any publisher
and/or distributor who receives said notice of objection, shall comply
with said notice within 14 days of receipt of said notice and shall
discontinue the delivery of the objected to material to the property
identified by said notice. Such notice of objection shall continue
in effect until revoked, and it shall be deemed a violation of this
section for any person, including, but not limited to, a publisher
and/or distributor to deliver, continue to deliver or cause to be
delivered any such unsolicited and unsubscribed material to the property
of any such objecting owner or occupant.
To facilitate cooperative action with regard to violations as
herein described, any owner or occupant of any property within the
township who has transmitted written notice of objection as provided
for herein to the publisher and/or distributor, may file a copy of
said notice and all subsequent correspondence pertaining to said notice
with the Township Clerk, who will maintain a file of such correspondence
for public inspection. Said Township Clerk files are to be kept current
by removing therefrom any correspondence which is more than three
years old.
Litter receptacles and their servicing are required at the following
public places which exist in the municipality, including: sidewalks
used by pedestrians in active retail commercially zoned areas, such
that at a minimum there shall be no single linear quarter-mile without
a receptacle; buildings held out for use by the public, including
schools, government buildings, and railroad and bus stations; parks;
drive-in restaurants; all street vendor locations; self-service refreshment
areas; construction sites; gasoline service stations islands; shopping
centers; parking lots; campgrounds and trailer parks; 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 means a container suitable for the depositing
of litter.
It shall be unlawful for any person to discard, dispose of 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.
a.
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.
b.
A fee of $10 each shall be paid by the property owner prior to collection
of any household appliance for disposal by the township. Household
appliance shall mean any stove, refrigerator, washer, dishwasher,
dryer or similar household appliance.
c.
A fee of $15 each shall be paid by the property owner prior to the
collection of any propane gas tank for disposal by the township.
d.
A fee shall be paid by the property owner prior to a special pick-up
or collection by the township of any other bulky household solid waste.
A schedule of fees shall be promulgated by the supervisor of the public
works department. Bulky household solid waste shall mean but not be
limited to furniture, carpeting, padding, mattresses, wood, plaster,
brick or any other materials resulting from construction or renovation,
tree or brush materials from clearing or trimming on the grounds of
the property and the like.
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.
It shall be unlawful for any residential property owner to park
or permit the parking of any vehicle on his or her residential lawn.
It shall be unlawful for any person to keep or permit the keeping
on streets, vacant lots, and residential lawns except in a fully enclosed
structure, any motor vehicle, trailer or semitrailer which is: (a)
missing tires, wheels, engine, or any essential parts; or (b) which
displays extensive body damage or deterioration; or (c) which does
not display a current, valid State license; or (d) which is wrecked,
disassembled or partially disassembled.
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any highway unless such a 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.
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 non-flyable 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.
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal bins on his or
her property.
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 from litter. All sweepings shall be collected and properly
containerized for disposal.
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court or federal or state agency of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions hereof.
All ordinances or parts of ordinances thereof inconsistent with
the terms of this section are hereby repealed to the extent of such
inconsistency.
Each violation of the provisions of this section shall be deemed
a separate violation whether it shall occur on the same day or on
succeeding days.
Any person, firm or corporation violating any provisions of
this section shall be liable in the municipal court for a fine not
to exceed $1,000, or imprisonment for a period not to exceed 90 days
or both.
The Drug-Free Zone Map dated May 20, 2005 produced by Richard
A. Alaimo Association of Engineers is hereby approved and adopted
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 on or within 500 feet of public
parks and/or public buildings within the township, based upon the
definitions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1.
The Drug-Free Zone Map approved and adopted pursuant to Subsection 3-10.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned or leased to any elementary or secondary school or school board which is used for school purposes or areas on or within 500 feet of public parks and/or public buildings within the Township of Southampton, until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property, public parks and/or public buildings and drug-free zones.
The Superintendent of Schools of Southampton Township Board
of Education, or the chief administrative officer in the case of any
private or parochial school, and the Township Clerk for the public
parks or public library, are hereby directed and shall have the continuing
obligation to promptly notify the Township Engineer and the township
solicitor of any changes or contemplated changes in the location and
boundaries of any property owned by or leased to any elementary or
secondary school or school board for schooling use, or township public
parks or public buildings.
a.
It is understood that the map approved and adopted pursuant to Subsection 3-10.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State and that, pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of elementary and secondary schools and public parks
and/or public buildings within the Township of Southampton.
2.
The boundaries of the real property of public parks and/or public
buildings and real property owned by or leased to a school or a school
board.
3.
That school property and public parks and/or public buildings are
and continue to be used for their intended purposes.
4.
The location and boundaries of areas which are on or within 1,000
feet of school property and 500 feet of public parks and/or public
buildings.
b.
Pursuant to the provisions of N.J.S.A. 2C:35-1, 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 uses of a map or diagram other than the one approved and adopted pursuant to Subsection 3-10.1 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 public park or public building, 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 has 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, that such property is not used for school purposes or that such property is not a public park and/or building.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health and general welfare of persons in the Township of
Southampton to prevent the spread of diseases from mosquito transmission
by preventing the presence of mosquito larvae in water on or near
a pool that is not properly maintained.
No person shall provide, maintain or keep a pool in any manner
on any property in the township unless the pool is maintained in accordance
with this section.
Pools shall be properly maintained to prevent the existence
or presence of any avoidable standing water in which mosquito larvae
may mature and grow or exist.
Any pool cover must be maintained in a way so as to prevent
the collection of standing water.
a.
Minimum penalty: There shall be a minimum penalty of a fine fixed
as follows: $50, first offense; $100, second offense; $150, third
and subsequent offenses.
b.
Separate violations: Each and every day in which a violation of any
provision of this section exists shall constitute a separate violation.
c.
It shall be the responsibility of the municipal code enforcement
officer and/or the Burlington County Health Department to enforce
this section.
The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health and general welfare of persons in the Township of
Southampton to prevent the spread of diseases from mosquito transmission
by preventing the presence of mosquito larvae in water that accumulates
in tires and other similar objects capable of retaining water when
improperly stored.
No person shall have, keep or store tires or other objects capable
of retaining or causing the pooling of water in any manner on any
property unless they are kept and stored in accordance with this section.
Tires and other objects (e.g., basins, pans, tubs, etc.) capable
of retaining water shall be kept and stored in a manner to prevent
the existence or presence of any such water in which mosquito larvae
may mature and grow or exist. When stored outside, such tires and
other objects must be stored off the ground and covered, so as to
not allow standing or pooling of water.
Any tires or other objects capable of allowing standing or pooling
of water that cannot be used shall be considered waste material and
must be disposed of in a proper and lawful manner which prevents the
collection of such standing or pooling water.
a.
Minimum penalty: There shall be a minimum penalty of a fine fixed
as follows: $50, first offense; $100, second offense; $150, third
and subsequent offenses.
b.
Separate violations: Each and every day in which a violation of any
provision of this section exists shall constitute a separate violation.
c.
It shall be the responsibility of the municipal code enforcement
officer and/or the Burlington County Health Department to enforce
this section.
No person shall make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which does or
is likely to annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of others, within the limits of the Township.
Without intending to limit the generality of Subsection 3-13.1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
a.
Horns and signaling devices. The sounding of a horn or signaling
device on an automobile, motorcycle, bus or other vehicle, on any
street or public place 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
on the street. No person shall sound a horn or signaling device on
an automobile, motorcycle, bus or other vehicle which emits an unreasonably
loud or harsh sound, or for an unnecessary or unreasonable period
of time. No person shall use any signaling device except one operated
by hand or electricity. The use of any horn, whistle or other device
operated by engine exhausts is prohibited. The use of any signaling
device when traffic for any reason is held up is prohibited.
b.
Radios, televisions, phonographs. The playing, use or operation of
a radio receiving set, television, musical instrument, phonograph
or other machine or device for the producing or reproducing of sound,
in such a manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or with louder volume than is necessary for convenient
hearing for persons who are in the room, vehicle or chamber in which
the 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. so that it
is clearly audible at a distance of 25 feet from the building, structure
or vehicle in which it is located shall be prima facie evidence of
a violation of this section.
c.
Loudspeaker; amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or for any other purpose, with the following exceptions: such sound
as may attract attention but which will not disturb the peace, quiet
and comfort of the inhabitants, provided such sound is produced or
caused to be produced only between the hours of 9:00 a.m. and 5:00
p.m. Such sound shall not be audible in any location for a period
of longer than five minutes in any hour, except by special permit
from the Township Committee.
d.
Yelling, shouting. Yelling, shouting, hooting, whistling or singing
on the public streets between the hours of 11:00 p.m. and 7:00 a.m.,
or at any time or place, which annoys or disturbs the quiet, comfort
or repose of persons in any office, dwelling, hotel, motel or other
type of residence or of any persons in the vicinity.
e.
Animals, birds. The keeping of animals or birds which, by causing
frequent or long-continued noise, disturbs the comfort or repose of
any person in the vicinity.
f.
Whistles. The blowing of any whistle, except to give notice of the
time to begin or stop work or as a warning of fire or danger, or upon
request of proper township authorities, or as may be required by general
law or ordinance.
g.
Exhaust. The discharge into the open air of the exhaust of a steam
engine, internal combination engine or motor vehicle, except through
a muffler or other device which will effectively prevent loud or explosive
noises.
h.
Defect in vehicle or load. The use of an automobile, motorcycle or
vehicle so out of repair, so loaded or in such manner that it creates
loud and unnecessary grating, grinding, rattling or other noise.
i.
Loading, unloading, opening boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
j.
Construction or repair. The carrying out of excavation, demolition,
construction, repair or alteration work, other than between the hours
of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays; the carrying on
of construction, repair or alteration work by a homeowner on his/her
own dwelling or property, other than between the hours of 7:00 a.m.
and 9:00 p.m.
In the case of urgent necessity or in the interest of public
health or safety, the Township Engineer may grant a permit for excavation,
demolition, construction, repair or alteration work for a period not
to exceed three days, which may be renewed for additional periods
of three days, while the emergency continues by the terms of which
permit such work may be carried on during the hours specified in the
permit.
k.
Courts, schools, churches. The creation of excessive noise on a street
adjacent to a school, institution of learning, church or court while
in use which unreasonably interferes with the working of the institution
or which disturbs or unduly annoys the students, teachers and administrators,
congregation.
l.
Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale.
m.
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
n.
Pile drivers; hammers. The operation, other than between the hours
of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver, steam
shovel, bulldozer or other earthmoving machinery, pneumatic hammer,
derrick, stream or electric hoist or other appliance, the use of which
is attended by loud or unusual noise.
o.
Blowers. The operation of any blower or power fan or any internal
combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise from such
blower or fan is muffled and such engine is equipped with a muffler
device sufficient to deaden such noises.
p.
Outside alarms. The use of any alarm system emitting an audible or
visible response shall, at the time such system is installed, cause
to be installed an automatic timing device which shall deactivate
such alarm so that it will be activated for no more than 15 minutes.
All outside alarms shall be registered with the State police with
an emergency phone number as well as an alternate phone number, where
someone with responsibility in relation to the alarmed premises may
be contacted at any time by the State police.
q.
Public sales, taxicabs. Public outcries shall be prohibited at or
for any public sale or auction, or to advertise any goods, wares or
merchandise for sale, or to attract any attention, or to gain passengers
for any cab, taxicab, hack or omnibus.
|
The above enumeration is intended to give typical illustrations
of prohibited noise and shall not be construed as exclusive.
|
Nothing in this section shall prevent accepted agricultural
management practices as set forth in the township's Right to Farm
Ordinance or the Pinelands Commission's Right to Farm Regulations.
The following terms, phrases and words as used in and for the
purpose of this section shall be deemed to have the following meaning:
Includes, but is not limited to, any motor vehicle, omnibus,
road tractor, trailer, truck, or truck-tractor, which:
Is parked on public property or right-of-way without the current
year's registration or identification markers as required by law;
or
Has been continuously parked on any public street or right-of-way,
or on any public land for a period of 10 days; or
Is disabled so as to constitute an obstruction to traffic, and
the driver or person owning or in charge thereof neglects or refuses
to move the same to a place where it will not obstruct traffic; or
Is found to be mechanically inoperative and is allowed to remain
inoperative for a period of seven days (said period may be extended,
for good cause); or
Is found without one or more tires.
Any automobile which is no longer in actual use as a motor
vehicle or which is wholly unfit, without rebuilding or reconditioning,
for use in highway transportation or which has been discarded for
use as a motor vehicle or otherwise abandoned.
Any individual, firm, partnership or corporation being the
owner or having a legal right in, of or to a motor vehicle or other
vehicle, as herein defined.
It is hereby determined and declared that the abandonment or
storage out-of-doors of any motor vehicle not currently in use for
transportation and not currently licensed or registered, on any public
street or on any public lands within the township, is contrary and
inimical to the public welfare in that such vehicles so abandoned
or stored attract or may attract persons who, being so attracted,
may play in and about them and be injured in so doing and that such
vehicles so abandoned or stored out of doors, exposed to the elements,
deteriorate and in themselves are unsightly and deteriorate, become
more unsightly and are detrimental to and depreciate the value of
properties in the neighborhood where they are located and in the township
as a whole.
It shall be unlawful for any person to abandon or suffer or
permit the abandoning of any motor vehicle, omnibus, road tractor,
trailer, truck, or other vehicle, as defined in this section, out-of-doors
upon any public lands in the Township of Southampton or on any public
street or between the right-of-way lines of any public street or between
the right-of-way therein.
Notice of impoundment or removal of any motor vehicle, junk
automobile or junk automobile body shall be given to the owner of
said motor vehicle, junk automobile or junk automobile body, in writing,
return receipt requested, at the last known address of the party to
be served, if said address can be ascertained. The notice shall inform
the owner that he or she has five days to remove or claim the vehicle.
If the vehicle is not removed or claimed, then the vehicle will be
towed and stored at the owners expense, after which the vehicle shall
be subject to public auction in accordance with State law.
Whenever the code enforcement official of the Township of Southampton
finds any motor vehicle, junk automobile or junk automobile body which
has been abandoned, kept or stored contrary to the provisions of this
section, such employee of the township shall cause it to be towed
or otherwise removed, secure the removal of and/or impound said motor
vehicle, junk automobile or junk automobile body in accordance with
the procedures hereinabove set forth. The expenses of the impoundment
or removal shall be borne by and be the responsibility of the owner
of the vehicle.
Whenever any motor vehicle, junk automobiles or junk automobile
body is found on any public street, highway, parking lot or public
property, and its existence creates an emergency condition on the
public street, highway, parking lot or public property, the code enforcement
official is hereby authorized to immediately tow, remove, secure the
removal of and/or impound the motor vehicle, junk automobile or junk
automobile body without necessity of notice prior to said impoundment
and removal. After impoundment, the code enforcement official shall
use diligent efforts to identify and locate the owner of the impounded
motor vehicle, junk automobile or junk automobile body and notify
the owner in accordance with the above procedures of this section.
The expense of the impoundment and removal shall be borne by and be
the responsibility of the owner of the vehicle.
An owner who violates any of the provisions of this section
shall be subject to a fine not more than $500 or imprisonment in county
jail for a term not to exceed 180 days, or both.
For the purpose of this section, the following terms shall have
the meaning set forth in this section. When not inconsistent with
the context, words used in the present tense include the future, words
in the plural number include the singular, words in the singular number
include the plural, and words in the male gender include the female
gender.
That an owner or caregiver has forsaken a domesticated cat,
or has neglected or refused to provide care and support of the cat.
Any person employed or appointed by the township who is authorized
to investigate violations of laws and regulations concerning animals,
and to issue citations in accordance with New Jersey law and this
code.
Any person who provides food, water or shelter to or otherwise
cares for a cat.
A cat that is socialized to humans and is appropriate as
a companion for humans.
Straight-line cutting of the tip of the left ear of a cat
while the cat is anesthetized.
A cat that exists in a wild or untamed state, either due
to birth or reversion to a wild state from domestication. The usual
and consistent temperament of a feral cat is extreme fear and resistance
to contact with humans. Feral cats are completely or substantially
unsocialized to humans.
A group of cats that congregates, more or less, together
as a unit. Although not every cat in a colony may be feral, any nonferal
cats that congregate with a colony shall be deemed to be a part of
it.
Disturbing the peace by (a) habitually or continually howling,
crying or screaming, (b) the habitual and significant destruction,
desecration or soiling of property against the wishes of the owner
of the property or, (c) other activities constituting a nuisance at
common law or under the provisions of this code.
Any person, firm, corporation, partnership, association,
trust, estate, or any other legal entity that owns and cares for a
domesticated cat.
Is a for-profit or not-for-profit entity, or a collaboration
of individuals, with at least one of its purposes being the adoption
or placement of cats in homes with humans to serve as companion animals.
A cat that is regularly off the property of the owner, is
not under the physical control and restraint of the owner and is not
regularly provided with food and water by its owner.
Shelter that provides protection from rain, sun, and other
elements that is adequate to protect the health of the cat.
Trap, neuter and return.
A program pursuant to which feral and stray cats are trapped,
neutered or spayed, vaccinated against rabies and returned to a location
where they congregate.
Those diseases transmittable to humans from animals, including
parasitic, bacterial, fungal and viral diseases.
a.
Owners of domesticated cats shall provide appropriate and adequate
food, water, shelter and health care for their cats.
b.
The owner of a domesticated cat shall exercise reasonable care to
guard against the cat creating a nuisance including the killing of
avian or legally protected species.
c.
The owner of a sexually intact (not spayed or neutered) domesticated
cat shall not permit his/her cat to roam unsupervised. Females in
season shall be restrained at all times and isolated from male cats
except when being bred by a recognized and responsible animal breeder
in an enclosed environment.
d.
An owner shall not abandon a domesticated cat. Unwanted domestic
cats shall be placed with another family or delivered to the Burlington
County Animal Shelter.
a.
Feral cat colonies shall be permitted with the permission of the
property owner where they are located and caregivers shall be entitled
to maintain them only in accordance with the terms and conditions
of this section.
b.
Sponsorship of colony TNR programs. The Burlington County Feral Cat
Initiative program sponsored by Nature's Refuge, a nonprofit animal
education organization, is approved. Other persons may apply to the
township to serve as colony TNR program sponsors ("sponsors") so long
as said persons agree to perform the responsibilities stated in this
section for sponsors.
c.
Sponsor requirements. It shall be the duty of the sponsor to:
1.
Review and approve of colony caregivers;
2.
Resolve any complaints over the conduct of a colony caregiver or
of cats within a colony;
3.
Maintain records provided by colony caregivers on the size and location
of the colonies as well as the vaccination and spay/neuter records
of cats in the sponsor's colonies;
4.
Report annually to the township on the following:
(a)
Number of colonies in the township;
(b)
Total number of cats in colonies;
(c)
Number of cats and kittens spayed and neutered pursuant to the
TNR program;
(d)
Number of cats and kittens placed in permanent homes;
(e)
Advise and make suggestions for the reduction of feral cat populations;
and
(f)
Advise and make suggestions as to education programs aimed at
lowering the incidence of abandoned cats in the township.
5.
Use due consideration to avoid the taking of rare, threatened or
endangered species under the Endangered and Nongame Species Conservation
Act, N.J.S.A. 23:2A-1, et seq., and similar or related statutes, including,
where appropriate, the enclosure or relocation of feral cat colonies.
Enclosure of colonies is recognized and encouraged as the most effective
way of protecting birds and other wildlife from predation by feral
and other free-roaming cats. Feral cat colonies, whenever possible,
shall not be located on publicly owned land and should always be maintained
or placed with the permission of the property owner.
6.
Take prompt and appropriate steps when sponsor becomes aware of or
is advised of disease or injury in the colony to protect public health.
7.
Take reasonable steps to place for adoption as domestic cats those
cats deemed capable of such adoption.
d.
Feral cat caregiver requirements. Caregivers are responsible for
the following:
1.
Registering the feral cat colony with the sponsor;
2.
Taking steps that are reasonably likely to result in the vaccination
of the colony population for rabies and making reasonable efforts
to update the vaccinations on cats that can be recaptured;
3.
Taking steps that are reasonably likely to result in the spay/neuter,
by a licensed veterinarian, of at least 90% of the colony population;
4.
Providing the sponsor with descriptions of each cat in the colony
and copies of documents evidencing that the cats have been vaccinated
and spayed/neutered;
5.
Providing food, water and, if feasible, shelter for colony cats;
6.
Observing the colony cats at least twice per week and keeping a record
of any illnesses or unusual behavior noticed in any colony cats and
reporting same promptly to the sponsor;
7.
Obtaining the approval of the owner of any property, to which the
caregiver requires access to provide colony care;
8.
In the event that kittens are born to a colony cat, the caregiver
shall take reasonable steps likely to result in the removal of the
kittens from the colony after they have been weaned, and the placement
of the kittens in homes or foster homes for the purpose of subsequent
permanent placement together with taking reasonable efforts to identify
and have the parent cats spayed and neutered;
9.
Reporting annually in writing to the sponsor on the status of the
colony, including data on the number and gender of all cats in the
colony, the number of cats that died or otherwise ceased being a part
of the colony during the year; the number of kittens born to colony
cats and their disposition and the number of cats and kittens placed
in permanent homes as companion cats; and
10.
Obtaining proper medical attention to any colony cat that appears
to require it.
e.
Colony cat requirements. The sponsor shall, with the cooperation
and assistance of the caregiver, perform the following tasks:
1.
The left ear of a colony cat that has been spayed or neutered and
vaccinated shall be ear-tipped.
2.
An electronic animal identification device (EAID) shall be inserted
into the cat by a veterinarian in accordance with professional medical
standards. The sponsor shall be the named contact for purposes of
the EAID.
f.
Disposition of colony cats.
1.
An animal control officer who has trapped a cat whose left ear has
been tipped or which bears some other distinguishing mark indicating
that it belongs to a feral cat colony regulated pursuant to this section
shall scan the cat for an EAID. If an EAID is found, the officer shall
be responsible for contacting the sponsor or other person named as
owner of the cat.
2.
If the owner or sponsor is not able to immediately take custody of
the cat, the officer shall transport the cat to the Burlington County
Animal Shelter. The owner or sponsor shall be responsible for retrieving
the cat from the shelter within three business days or advising the
shelter if the owner or sponsor does not intend to retrieve the cat.
a.
Violations of this section, including violations in providing proper
care and or restraint with respect to domesticated cats shall give
the township the following enforcement and penalty rights:
1.
To seize, remove and/or euthanize cats, whether or not from a regulated
feral cat colony, that have not been vaccinated against rabies and
which are demonstrating signs of the disease.
2.
To seize, remove and/or euthanize a cat, whether or not from a feral
cat colony, that is or has created a nuisance as defined above and
the owner, caregiver and/or sponsor, as appropriate, have been given
60 days to abate the nuisance by removing and relocating the cat,
or otherwise, and have failed to do so.
3.
To seize, remove and/or euthanize a colony of cats when the caregiver
regularly fails to comply with the requirements of Subsection 3-15.3d
and the sponsor has not been able to obtain a replacement or substitute
caregiver within 60 days of the township's notice to the sponsor of
the caregiver's failure to comply with this section.
4.
To seize, remove and/or euthanize a colony of cats when found to
be located in critical habitat as defined by the New Jersey Department
of Environmental Protection where the sponsor and/or caregiver have
been given 30 days’ notice to relocate the colony and have failed
to do so.
5.
To seize, remove, and/or euthanize a colony of cats located in violation
of the provisions of Subsection 3-15.3c,5 of this section when caregiver
and/or sponsor, as appropriate, have been given 60 days to abate the
situation by removing and relocating the cat, or otherwise, and have
failed to do so.
6.
To impose fines upon an owner, sponsor, and/or caregiver for violations
of this section of $50 for a first offense, $125 for a second offense,
and up to $500 for a third or subsequent offense.
b.
The requirements of this section notwithstanding, animal control
officers and police officers may investigate and bring such charges
as may be appropriate and necessary pursuant to nuisance or other
applicable laws, ordinances and regulations. Nothing in this section
is intended to limit the enforcement tools available for the proper
regulation of domestic and nondomestic animals for the protection
of the health, safety, and welfare of the citizens of Southampton
Township.
[Ord. No. 2010-4]
The Township Committee hereby finds that there is a need to
regulate and control the buying, selling and/or trading of secondhand
goods to reduce the potential for sale of stolen goods and to assist
law enforcement through strict recording requirements.
As used in this section, the following words shall have the
following meanings:
Any person who holds oneself out through advertisement or
other means as a secondhand dealer from a property location in Southampton
Township.
Any individual, partnership, corporation, association or
other legal entity.
A person who engages in the business of secondhand dealing.
The trade or business of buying and/or selling secondhand
goods.
Any used goods, including but not limited to goods such as
antiques, precious stones, gold, silver platinum or other precious
metals, jewelry, coins, any tools, television sets, radios, music
devices and instruments, electronic devices, sporting goods, automotive
equipment, collectibles, game cartridges, DVDs, compact discs and
other electronically or digitally records materials, firearms, cameras
and camera equipment, video equipment and bric-a-brac.
a.
No person shall engage in the business of secondhand dealing without
complying with the record keeping requirements established herein.
b.
The following actions are exempt from the requirements of this section:
1.
Judicial sales or sales by executors or administrators;
2.
Occasional or auction sales of household goods sold from private
homes;
3.
Auctions of real estate;
4.
The occasional sale, purchase or exchange of coins or stamps by a
person at his permanent residence or in any municipally-owned building
who is engaged in the hobby of collecting coins or stamps and who
does not solicit the sale, purchase or exchange of such coins or stamps
to or from the general public by billboard, sign, handbill, newspaper,
magazine, radio, television or other form of printed or electronic
advertising;
5.
Organizations organized under Chapter 501(c)(3) of the Internal Revenue
Code which accept donations and consignments for resale to benefit
the nonprofit cause of the organization (i.e. charitable thrift shops).
a.
All secondhand dealers shall require of each person selling secondhand
goods suitable identification setting forth the true name and address
of the seller. Acceptable identification includes a valid photo driver's
license issued in one of the 50 states, a valid government-issued
photo identification or photo ID and one fingerprint (preferable thumb)
which will be recorded on the receipt retained by the dealer and subsequently
forwarded to any investigation authority upon request. All secondhand
dealers shall issue to each seller (and maintain a copy of) a serially
numbered receipt setting forth the following information. Both a legible
photocopy or electronic scan of the photo ID and the fingerprint shall
be retained by the secondhand dealer and provided to law enforcement
upon request.
b.
A brief legible description of the item(s) which shall describe the
manufactured form of such item(s).
c.
A statement in full of any identifying marks on the item, such as
initials, names, dates, social security numbers engraved thereon,
serial numbers, series numbers or any other information appearing
calculated to set apart the particular object sold from others of
like kind.
d.
If the item is purchased by weight, the troy ounce weight of the
item.
e.
The name of the clerk or employee of the secondhand dealers making
the transaction, legibly set forth.
f.
The name and permanent business address of the purchaser/secondhand
dealer.
g.
The name and address of the seller, which shall be verified by proof
of identification. Said receipt book shall be a record kept in the
regular course of business of the secondhand dealer.
h.
The actual price paid for the purchase of such item.
i.
A photographed recording of the item(s) being purchased by the dealer.
The photograph should be of digital form and quality, with the ability
to be electronically transferred to a computer.
a.
No secondhand dealer under this section shall sell, alter or dispose
of in any way any of the articles or goods referred to in this section
herein until seven days have elapsed after the purchase of the same
by such secondhand dealer. It shall be an affirmative defense to any
prosecution of administrative proceeding brought for a violation of
this section, if retention for the time period required would have
resulted in serious and substantial economic losses to the dealer,
or the probability of such losses was significant due to rapid and
highly fluctuating market conditions, provided that the persons so
charged shall prove the existence of the market conditions giving
rise to the aforesaid defense by a preponderance of the evidence.
Market conditions, in order to be defense hereunder, must be such
that financial analysts would characterize trading as at or approaching
a level or occurrence so as to clearly distinguish trading conditions
from normal variations in market movement in response to economic
news or other events.
b.
The secondhand dealer shall retail all proofs of sales and purchases
for a period of three years under the violations and penalties provision
of this section.
A secondhand dealer shall not accept or buy any secondhand goods
from any person under the age of 18 years, unless such minor is accompanied
by a parent or guardian and said parent or guardian gives specific
written consent to the transaction and acknowledges the receipt required
by the buyer to be given to the seller. Identification and proofs
of guardianship shall be required.
All persons, partnerships and corporations engaging in any transactions
covered by this section shall conform to the provisions of this section
within 90 days following the date of its final passage by the Township
Committee.
Any person defined above who violates any provision of the section
shall, upon conviction thereof, be punished by a fine not exceeding
$1,000 within the discretion of the Municipal Judge. A separate offense
shall be deemed committed in each day during or on which a violation
occurs or continues.
The Township Administrator, the Barracks Commander of the Red
Lions Barracks of the New Jersey State Police and their designees
are authorized to enforce this section.
As used in this section, the following words have the following
meaning.
Includes any open fire, including but not limited to those
created by natural gas, charcoal, propane or the burning of combustible
materials which flame is established for cooking, grilling or bonfires
whether or not the same is manmade or part of a manufactured and/or
commercial instrument or device.
Township-owned land located at Block 1402, Lot 16 on the
Township of Southampton Tax Map commonly known as 458 Red Lion Road,
Southampton, New Jersey.
Includes any person, persons, partnership, firm, corporation
or association.
Includes the code enforcement officer/zoning officer, the
volunteer chiefs of the local fire departments and the construction
code official.
In Memorial Park, it shall be unlawful for any person to:
a.
Build, attempt to build or start a fire, grill or open flame for
cooking or any other purpose without a permit issued by the township.
This restriction shall apply to all areas of Memorial Park including
but not limited to, all grass areas, fields, recreation areas, parking
areas, including on top of vehicles or trailers attached thereto.
b.
No person shall drop, throw or otherwise scatter lighted matches,
burning cigarettes, cigars, tobacco paper or any other flammable material
within the park or on any parking areas, highways, roads or streets
abutting or contiguous thereto.
c.
Leave a permitted fire unattended nor leave an area before any fire
is completely extinguished.
The prohibition established in Subsection 3-17.2a above shall
not apply to any person who applies for and receives a permit through
the process identified herein. Permits shall be issued for one day
at a time and are nontransferable. A permit issued under this section
shall be carried by the permit holder at all times during from the
commencement to the conclusion of the regulated activity. Failure
to have the permit in the permittee's possession shall constitute
a separate violation under this section.
a.
Applications for a permit shall be made not less than 30 days prior
to the requested date on a form approved by the Township Administrator
and shall be signed and sworn to by the person, firm, partnership,
corporation or entity actually engaged in the regulated activity.
This section shall apply to any individual, firm, partnership, corporation
or entity who is now or in the future conducting any activity within
the Township of Southampton regulated by this chapter.
b.
Each applicant for such permit shall make written application on
forms supplied by the Township Clerk setting forth:
1.
The full name, phone number, address and post office address, if
applicable, of the applicant (if a corporation, provide the names
and addresses of the president and secretary and registered agent,
if applicable; if a partnership, provide the names and addresses of
all partners).
2.
The exact location at Memorial Park of the proposed activity including
a diagram.
3.
A description of the activity proposed, the structure or equipment
to be utilized.
4.
The name(s) of the person or persons who will be deemed in charge.
5.
The name and address of the applicant's attorney, if applicable.
6.
The cellular telephone number(s) where the applicant and/or his or
her agent may be reached in the event of an emergency.
7.
A description of the activity proposed, including date and time frame
for set-up, oversight, fire prevention, fire extinguishing measures
and cleanup of the regulated activity.
8.
The application shall be accompanied by a payment in the amount of
the permit fee. In the event that the permit applied for shall be
denied, said fee shall be returned to the applicant less 10% thereof
to cover application review costs relative to said application.
9.
The application for an issuance of a permit hereunder shall constitute
the consent of the applicant to an inspection of the permitted activity
by the enforcement officer, for the purpose of determining whether
there exists compliance with the proper operation and maintenance
of the proposed activity. This requirement in no way limits the Township's
or other authorized agent's ability to perform unannounced inspections
to prevent a public health or safety condition created by the improper
use of an applicant's equipment or material.
c.
Upon application for a permit, the Township Clerk shall send a copy
of same to the review officers. The review officers shall have 14
days from the date of the application to review the materials provided
and issue a written report determining whether or not there exist
issues with the application that must be corrected or amended prior
to the issuance of the permit. The review officers' report may be
informal and delivered via email, however, if no communication is
received or extension requested, the clerk shall proceed as if the
review officer(s) provided a favorable report. If there is no objection
by the review officers, the Township Clerk shall issue a permit in
accordance with the terms and conditions of this chapter.
d.
If the Township Clerk shall receive objection to the application,
the clerk shall thereupon transmit a copy of such report(s) citing
said concerns, together with written notice that a permit will not
be considered and the applicant shall have 14 days to cure deficiencies
prior to reevaluation. If the reevaluation reveals continued deficiencies,
the application shall be denied.
e.
The Township reserves the right to take immediate action outside
the scope of this ordinance to abate an issue which, in the Township's
sole discretion, is a life-safety or public health issue.
f.
Nothing contained herein shall prevent the Township of Southampton
or the officers of the Township from proceeding against an applicant
who is in violation of any of the provisions of this chapter by filing
a complaint in a court of competent jurisdiction.
g.
All activities regulated shall comply with the Uniform Construction
Code and the Uniform Fire Safety Code, health ordinances and other
applicable ordinances of the Township of Southampton and with the
rules, regulations and laws of the State of New Jersey.
h.
The permit fee for each permit hereunder shall be $200. The fee shall
be used to cover the cost associated with review and inspection of
the permitted activity. Payment of said fee shall accompany the filing
of the application for a permit. Except as otherwise provided, all
permit fees shall become part of the Township's treasury.
i.
Enforcement. This section of the code may be enforced by the Township
administrator, construction code or subcode officials, the public
works director, volunteer members of the local fire departments, the
New Jersey State Police, and the New Jersey Parks Service when within
its jurisdiction.
j.
Except as indicated herein, violators of any section of this section
shall be subject to a penalty of $1,000 for a first offense and $2,000
for a second or further conviction; to perform up to 90 days community
services or serve 90 days incarceration in the County jail; or all
three penalties in the discretion of the court. The penalty for failure
to possess a valid permit as required under paragraph c shall be a
fine not less than $100 and not more than $250.
k.
The Township Committee may waive the permit fee for not-for-profit
community based organizations by a motion of the Township Committee
present at a meeting duly advertised and open to the public.
[Amended 9-15-2020 by Ord. No. 2020-07]
a.
No person shall dive, jump, or swim from any dam, bridge, roadway
or similar structures ("dam"), or any part or portion thereof, whether
public or private, within the boundary of the Township of Southampton
unless in the case of a rescue, emergency, or when necessary to perform
authorized maintenance.
b.
No person shall push, shove, or purposefully cause any person to
fall, dive, or jump from any portion of a dam within the Township
of Southampton or under its jurisdiction.
c.
No person shall trespass on, climb, or otherwise scale any dam within
the Township of Southampton, except in the case of public roads, sidewalks,
or pathways traversing a bridge.
The purpose of this section is to provide for the safety of
children engaged in youth sports organizations by taking steps to
provide for the reasonable assurance that volunteers and paid employees
for youth sports organizations have been subject to a criminal history
record background check.
As used in this section, the following terms shall have the
meanings indicated:
A determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with those
on file with the Federal Bureau of Investigation, Identification Division
and/or the New Jersey State Bureau of Identification in the Division
of State Police.
Any adult individual, of the age of 18 years or older, that
is employed as a coach, trainer, staff or the like for a youth sports
organization.
Any adult individual, of the age 18 years or older, that
volunteers their time as a coach, leader, instructor or the like for
a youth sports organization. Any teacher, coach or volunteer in a
school-based program shall not be subject to these provisions, but
shall abide by the school's requirements with regard to background
checks.
Any organized program with participants that are Southampton
residents under the age of 18 that utilize municipal facilities including
buildings and/or fields of play on a regular or recurring basis for
active sports programs. Youth sports organizations shall specifically
include, but not be limited to, the Southampton Township Recreation
Association ("STRA").
a.
Mandatory background check. All individuals seeking to volunteer
or work for youth sports organizations shall be required to submit
to mandatory background checks, as defined above. This requirement
shall apply to new volunteers and employees as well as existing volunteers
and employees, and the requirement may not be waived by the youth
sports organizations or any other entity. This process shall be administered
by the President of the youth sports organization or a committee of
three members of the youth sports organization designated by the president
"committee." Any committee formed by the president shall operate exclusively
by unanimous vote of all three members. If the committee is established,
the president transfers all authority to the committee and retains
no right to independently rule on background check determinations.
b.
Process. All volunteers and employees shall be required to submit
to a background check, which shall be conducted by the New Jersey
State Police Department. If the volunteer or employee is found to
be currently charged or previously convicted with any felony, or any
misdemeanor involving fraud, misrepresentation, dishonesty, violence;
or in any way involving a child; or involving any controlled dangerous
substance or controlled substance analog as set forth in Chapter 35
of Title 2C of the New Jersey Statutes, except paragraph (4) of Subsection
a of N.J.S.A. 2C:35-10; or such act that the Township determines are
grounds for disqualification, then that person shall be deemed to
have failed the local background check and shall not be permitted
to volunteer in any way for a youth sports organization. If there
is no such finding, then the volunteer will be deemed to have passed
the background check and shall be permitted to volunteer or work for
a youth sports organization.
c.
Appeal hearing. If an individual desiring to be a volunteer or employee
for a youth sports organization fails the background check as indicated
in writing by the State of New Jersey, the individual shall be notified
of the failure in writing via certified and regular mail by the youth
sports organization president or committee, if so established. The
individual shall further be advised in writing of his or her right
to a hearing before the president or the committee established by
the president, which hearing must be requested within 20 days of the
receipt of the notice. If a hearing is requested by the individual
pursuant to this section, the president or the committee shall first
state the reasons for the denial on the record, unless said denial
is made exclusively on a negative response from the State of New Jersey,
and the individual shall thereafter be permitted to state his or her
reasons as to why they should still be permitted to be a volunteer
or be a paid employee of the youth sports organization. The president
or the committee shall thereafter render a decision on the individual's
appeal and may either permit the individual to be a volunteer or employee
or reject the individual's appeal. The president or the committee's
decision shall, within 10 days after the hearing, be reduced to writing
and provided to the potential volunteer and the Township Clerk and
mailed certified and regular mail to the individual. If the individual
remains dissatisfied with the decision of the president or committee
it shall have the right to appeal to the Township Committee using
the same timelines identified herein. As part of the notice to the
Township Committee, the aggrieved volunteer shall submit all applicable
paperwork, including but not limited to, any correspondence from the
state, any writings to or from the president or committee and a copy
of the individual's criminal history record. A hearing before the
Township Committee shall be held in open session. The Township Committee
may deny the application exclusively on procedural grounds if the
individual fails to provide a complete and accurate criminal history
record.
d.
Youth sports organization obligations. All youth sports organization
officers or leaders are required to make all reasonable efforts to
comply with the requirements of this section. It is the responsibility
of the youth sports organization to coordinate with the New Jersey
State Police and the Municipal Clerk to ensure annual background checks
are being administered in compliance with this section. The youth
sports organization, through a designated officer or leader, shall
file an annual roster of volunteers and employees that are required
to participate in the background check procedures of this section.
The youth sports organization shall sign the roster certifying the
accuracy and completeness of the roster and volunteers' and employees'
names.
The youth sports organization shall maintain records including
the names of all volunteers and employees and the date of their last
background check. These records shall be disclosed annually to the
Township Clerk to ensure that all volunteers and employees are current
with regard to the background check requirements. The Township Administrator
may annually audit the youth sports organization to ensure compliance
with this section.
In the event that youth sports organization already has a background
check policy and procedure in place, the Township will accept the
results from the administration of that policy, provided the policy
and results are disclosed to the Township and the Township is satisfied
that the policy and procedures are sufficient to satisfy the standards
and purpose of this section.
a.
Written consent. Each person seeking to participate in a youth sports
organization as a volunteer or employee shall execute a written consent
in favor of both the youth sports organization and the Township of
Southampton, its agents, servants and employees, authorizing said
investigation, releasing the Township, and its agents, servants and
employees from any liability arising from same, and holding them harmless.
Failure to submit to said investigation will disqualify any such person
from serving in the youth sports organization.
b.
Interim status. When a person has submitted written consent, they
shall be provided interim status to engage in volunteering or employment
while awaiting the results of the background check, provided the person
certifies that they have no reason to believe that they were found
guilty of a crime that would result in their disqualification from
service under the terms of this section. Interim status shall be sufficient
only until such time that the results of the background check are
obtained.
[Amended 2-17-2015 by Ord. No. 2015-3]
A background check administered under the provisions of this
section shall be valid for five years. At the expiration of five years,
the volunteer or employee must undergo a new background check in order
to continue to serve the youth sports organization.
a.
Limitation on access. Access to criminal history record information
for non-criminal justice purposes, including licensing and employment,
is restricted to authorized personnel of the Township of Southampton
and the applicable youth sports organization, on a "need to know"
basis, as authorized by federal or state statute, rule or regulation,
Executive Order, Administrative Code, local ordinance or resolution
regarding obtaining and dissemination of criminal history record information
obtained under this ordinance.
b.
Limitation on use. The Township and the youth sports organizations
shall limit their use of criminal history record information solely
to the authorized purpose for which it was obtained, and criminal
history record information furnished shall not be disseminated to
persons or organizations not authorized to receive the records for
authorized purposes. Any persons violating federal or state regulations
governing access to criminal history record information may be subject
to criminal and/or civil penalties. The results shall not be subject
to public disclosure and shall be retained only for such period of
time as is necessary to serve their intended and authorized purpose.
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Township officials with access to the criminal history record
information shall be limited to the following: Committee, Solicitor,
Administrator, Clerk, and Deputy Clerk, and any other official specifically
authorized by the Administrator, provided they are a confidential
employee and the Administrator determines their involvement is necessary
or useful in carrying out the terms and intentions of this section.
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a.
Any person, firm, corporation, association or legal party whatsoever
who shall violate, or authorize or procure a violation, or cause to
be violated, any provision of this section shall upon conviction thereof,
be punishable by a fine not to exceed $2,000.
b.
Upon a determination that a youth sports organization knowingly fails
to follow Subsection 3-19.3d of this section, the Township shall ban
the youth sports organization from receiving public funds for a period
of three fiscal year budgets.
[Added 4-15-2014 by Ord. No. 2014-6]
The purpose of this section is to provide a system to declare
and notify persons of snow emergencies and enforce the provisions
for same. Without such provisions, cars remain parked on Township
streets, impairing effective plowing and snow and ice removal. Consequently,
potential hazards are created by unplowed snow and untreated ice.
As used in this section, the following words shall have the
following meanings:
The Township Administrator of the Township of Southampton
or his/her designee.
The same meaning as defined in N.J.S.A. 39:1-1, as the same
may be modified or amended from time to time.
The Administrator shall declare a snow emergency when the Administrator
finds, on the basis of falling snow, sleet, freezing rain or on the
basis of a forecast by the United States Weather Bureau or on the
basis of any other weather service, that weather conditions will make
it necessary for motor vehicle traffic to be limited and for parking
on Township streets to be prohibited or restricted for snow plowing
or other purposes.
a.
The following parking regulations shall be in effect during snow
emergencies:
1.
Effective time of snow emergency. A snow emergency shall take effect
not earlier than four hours after it is declared; except if a snow
emergency is declared after 8:00 p.m., it shall not take effect until
8:00 a.m. the next day, unless otherwise indicated in the declaration.
2.
A snow emergency shall be in force for a minimum of 24 hours after taking effect, unless canceled or changed under Subsection 3-20.4 of this section.
3.
It shall be unlawful for a person to park or leave any vehicle on
a street in the Township of Southampton when a snow emergency has
been declared.
4.
No motor vehicle shall be parked in the front of driveways where
doing so will cause the vehicle to block an adjacent walkway or sidewalk
or where the vehicle extends into the street.
5.
Vehicles which are disabled which block the roadway must be removed
at the owner's expense.
b.
The above parking prohibitions shall remain in effect after the snow
has ceased until the streets have been plowed sufficiently and to
the extent that parking will not interfere with the normal flow of
traffic.
a.
The Administrator shall declare a snow emergency by written, signed
notice, filed with the Municipal Clerk, stating the beginning and
ending time for the period of the snow emergency, which ending time
shall be a minimum of 24 hours after taking effect. If the office
of the Municipal Clerk is closed, the Administrator shall file such
notice promptly when the office next is open during normal business
hours.
b.
The Administrator may cancel such declaration or change the beginning
or ending time. Notice as provided in Subsection c of this section
shall be given for such cancellations or changes.
c.
The Administrator shall cause each declaration of a snow emergency
to be publically announced by means of broadcast over the Township's
auto-call system, posting on the Township's website or other social
media system and e-mailing to those individuals who have requested
to receive such notices via e-mail. Notice shall also be provided
to the New Jersey State Police for assistance in enforcement of this
regulation.
d.
The notice concerning the snow emergency declaration shall inform
the public when the snow emergency parking regulations for the Township
will be in effect.
e.
The Administrator may take such other actions to inform the public
of the snow emergency as appropriate.
a.
Once in effect, the prohibition under this section shall remain in
effect until terminated by announcement of the Administrator in a
manner similar to the announcement of the snow emergency.
a.
Removal of vehicles. Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any Township official or State Police trooper may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal, before regaining possession of the vehicle. Any vehicle found to be parked where not permitted during a snow emergency will be issued a notice of parking violation pursuant to Subsection 3-20.7 of this section and towed to a place designated for the storage of impounded vehicles.
b.
Stalled or disabled vehicles. Whenever a vehicle becomes stalled
or disabled for any reason, whether or not in violation of this section,
on any portion of any street to which the parking prohibition applies,
the person operating the vehicle shall take immediate actions to have
the vehicle towed or pushed off the street. No person shall abandon
or leave his or her vehicle in any street (regardless of whether the
person indicates, by raising the hood or otherwise, that the vehicle
is stalled), except for the purpose of securing assistance during
the actual time necessary to go to a nearby telephone or to a nearby
garage, automobile service station or other place of assistance and
return without delay.
a.
Any person who violates this section is responsible for a civil infraction,
punishable by a fine not to exceed $100 for a first offense and a
fine of $250 for a second or subsequent offense.
b.
Evidentiary presumption relating to parking or leaving vehicle. In
any proceeding for a violation of this section relating to the parking
or leaving of a vehicle, proof that the particular vehicle described
in the complaint was parked or left in violation of this section,
together with proof that the respondent named in the complaint was,
at the time of such parking, the registered owner of such vehicle,
shall constitute in evidence a presumption that the registered owner
of such vehicle was the person who parked or left such vehicle at
the location such violation occurred.
c.
Impoundment of vehicle. Any vehicle parked or left on any street
in violation of this section constitutes a public hazard and an obstruction
of traffic and may be towed and impounded immediately. No person may
recover any impounded vehicle without first paying the cost of removal
and storage, notwithstanding, and apart from, any fine which may also
be imposed for violation of this section.
[Added 7-18-2017 by Ord. No. 2017-5]
The purpose of the recreational vehicle (RV) code is to clearly define what is considered a recreational vehicle to identify requirements for temporary parking of recreational vehicles in order to protect the integrity, value and character of residential neighborhoods along with public health and safety and to limit the use of recreational vehicles as living quarters unless the use is temporary in nature as defined herein or falls within a provided exception. Nothing within this section is mean or shall be inferred to interfere, restrict or prevent, the law existence of mobile homes or mobile home parks as permitted by zoning and licensed through Chapter 10 of the Township Code.
As used in this section, the following terms shall have the
meanings indicated:
A motor home built on a truck or bus chassis or a van chassis.
All these vehicles are powered by internal combustion engines that
run on gasoline, diesel, battery or other fuel. By way of example
and not limitation, motorized recreational vehicles include motor
homes, van campers, and pickup truck campers. Fifth wheel trailers,
travel trailers, and tent trailers, inoperable vehicles which would
otherwise be included in this definition except for the inoperability
are also included in this definition.
A conventional travel trailer or a fifth wheel trailer utilized
for recreational purposes and designed to be towed by a vehicle. By
way of example and not limitation, motorized recreational vehicles
include fifth wheel trailers, travel trailers, tent trailers, boats,
horse trailers, and utility trailers. Pickup truck camper shells which
have been removed from the vehicle and stored are considered nonmotorized
recreational vehicles and shall conform to the provisions of this
title.
The use of the recreational vehicle off site of the property
for more than a consecutive twenty-four-hour period.
Covers both recreational vehicles that are motorized and
nonmotorized.
The full deployment of the recreational vehicle by the owner,
including sleeping, eating and living exclusively within the recreational
vehicle. It does not simply mean an action to remove the recreational
vehicle from the property to comply with the requirements of this
section.
Recreational vehicles shall not be used as living quarters when
stored or parked on residential or commercial property within the
Township.
Evidence of living quarters shall include, but not be limited
to, the following characteristics:
a.
The occupancy
of the recreational vehicles for overnight sleeping.
b.
The connection
of the recreational vehicle to a water source with the sole exception
for the temporary purpose of filling the water canisters which may
be permanently attached to the recreational vehicle in anticipation
of a pending off-site use within 72 hours.
c.
The connection
of the recreational vehicle to an electric or other power source with
the sole exception for the temporary purpose of charging the batteries
or power supply permanently attached to the recreational vehicle in
anticipation of a pending off-site use within 72 hours.
d.
The connection
of the recreational vehicle to a sanitary sewer source with the sole
exception of proper disposal of the sewage tanks within 72 hours of
the completion of an off-site use.
e.
The use
of the recreational vehicles on unimproved lands such as parklands,
woodlands or vacant land not specifically zoned and approved for recreational
vehicle use and operation.
a.
With the
permission of the Township Administrator, with the Administrator's
notice to the Township Committee, and the approval of the Construction
Code Official, a residential property owner or tenant may utilize
as temporary residential quarters for a period of no more than six
months upon a finding by the Construction Code Official that the main
residence on the property has been declared temporarily uninhabitable
by a fire, flood or similar natural disaster.
1.
This
exception shall not apply to a residence that has been damaged and
declared uninhabitable based upon apparent neglect by the property
owner or tenant nor shall this exception apply in commercial or business
zones.
2.
This
exception shall not apply to lands where a new structure is pending
approval or being constructed.
b.
The prohibitions
shall not apply to farm qualified properties which house seasonal
workers.
c.
In order
to qualify for these exceptions, the recreational vehicle will be
required to meet, in the determination by the Construction Code Official,
all heat, power, water and sewer requirements of the main residence
on the property.
This provision may be enforced by the Zoning Officer, the Construction
Code Official, the Township Administrator or the Administrator's designee
and the New Jersey State Police.
Any individual person, property owner or tenant, whether individual
or individuals or a business entity, found guilty of a violation of
this section shall be fined not less than $100 for a first offense
and not more than $2,000 for each and every additional offense. Each
twenty-four-hour period shall be considered a separate offense. In
lieu of or in addition to the monetary fine, the court may consider
the imposition of community service or a term of imprisonment as permitted
by law.
[Added 7-20-2021 by Ord. No. 2021-12]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P. L. 2021, c. 16, shall be prohibited uses in all zones in the
municipality, but the delivery of cannabis items and related supplies
by a delivery service is permissible.
