Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[1967 Code § 4-4.1]
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public or private property, other than a litter receptacle. For the purpose of this section, "litter" means 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, saw milling, farming or manufacturing.
[1967 Code § 4-4.2]
No person shall sweep, throw or deposit litter in or upon any occupied, open or vacant property, whether owned by such person or not, or in or upon any street, sidewalk, park or other public place, or any pond, lake, stream or other body of water within the Borough of Bound Brook, except in public receptacles or in authorized private receptacles for collection, or in official Borough dumps. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place, or upon private property.
[1967 Code § 4-4.3]
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 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. For purposes of this section, litter receptacle means a container suitable for the depositing of litter.
[1967 Code § 4-4.4]
No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Borough or upon private property.
[1967 Code § 4-4.5A]
The minimum fine for a violation of subsections 3-1.1 through 3-1.4 shall be $250.
[1967 Code § 4-4.5]
No person shall bring, cart, remove, transport or collect any litter from outside the Borough, or into the Borough, for the purpose of dumping or disposing thereof, unless so authorized by the Borough.
[1967 Code § 4-4.6]
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 vehicles or vehicle parts, rubber tires, appliances, furniture or private property except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
[1967 Code § 4-4.6A; Ord. No. 07-03]
The minimum fine for a violation of subsections 3-1.6 and 3-1.7 shall be $1,000.
[1967 Code § 4-4.7]
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.
[1967 Code § 4-4.8]
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.
[1967 Code § 4-4.10]
It shall be unlawful for any vehicles 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 materials which constitute litter 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 such materials and shall pay the costs therefor.
[1967 Code § 4-4.11]
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 immediately following 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 receptacle in such a manner and with such a frequency as to prevent spillage of refuse.
[1]
Editor's Note: For additional construction regulations, see Chapter 14, Building and Construction.
[1967 Code § 4-4.12]
It shall be unlawful for any residential or commercial property owner to permit open or overflowing waste disposal bins on his or her property.
[1967 Code § 4-4.13]
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. 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.
[1]
Editor's Note: See also Chapter 26, Streets and Sidewalks.
[1967 Code § 3-1.5]
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
[1967 Code § 4-4.14A]
The minimum fine for a violation of subsections 3-1.13 through 3-1.15 shall be $100.
[1967 Code § 4-4.15; Ord. No. 2010-13]
It shall be unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building, pole, tree or vehicle within the community.
[1967 Code § 4-4.16]
In the event that the owner or possessor of private property or lands refuses or neglects to abate or remedy the condition within five days after receiving notice from the Borough of such violation, the Borough may cause the condition to be remedied or abated. If the Borough is forced to take such action, then, and in that event, the Municipal Court shall be empowered to require, in addition to any other penalties contained in this section, such owner or possessor to reimburse the Borough for the cost of the abatement. Upon receipt of a certified statement from the Municipal Officer in charge of the abatement as to the cost and upon a finding of guilt, such costs may be imposed upon the owner or possessor. The amount charged shall become a lien upon the land and shall be added to and become a part of the taxes next assessed upon the land upon which the work was performed, and shall bear interest to be collected and enforced in the same manner as taxes.
[Ord. No. 05-09]
a. 
Definitions. As used in this subsection.
LITTER
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.
LITTER RECEPTACLE
A container suitable for the depositing of litter.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
b. 
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 subsection, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this subsection.
c. 
Enforcement. This subsection shall be enforced by the Police Department and the Code Enforcement Office of the Borough of Bound Brook.
d. 
Penalty. Upon conviction for violation of any provision of this subsection the maximum penalty shall be one or more of the following: a fine not to exceed $2,000, imprisonment in the County Jail for a period not to exceed 90 days, and/or a period of community service not to exceed 90 days. Each and every day upon which a violation of any provision of this subsection exists shall constitute a separate violation.
[1]
Editor’s Note: Former Section 3-2, Noise, was repealed 4-10-2018 by Ord. No. 2018-08.
[1967 Code § 32-1]
In accordance with and pursuant to the authority of P.L. 1999 Ch. 185 the following is a list of school crossings which have been so designated by the Borough of Bound Brook:
Cherry Avenue and Hayward Street
East Street and East High Street
Mountain Avenue and East High Street
Mountain Avenue and West Second Street
Thompson Avenue and West Maple Avenue
Thompson Avenue and West Union Avenue
Vosseller Avenue and Talmage Avenue
Vosseller Avenue and West Maple Avenue
West High Street and Vosseller Avenue
West Maple Avenue and Winsor Street
West Second Street (Behind Lafayette School)
West Second Street and Vosseller Avenue
West Union Avenue and Vosseller Avenue
West Union Avenue and Winsor Street
Winsor Street and West High Street
[1967 Code § 32-2; Ord. No. 07-03]
The Drunk Driving Free and Controlled Dangerous Substance Free School Zones Map produced by Herbert Lauterwold, P.E., on or about January 16, 2007, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school on school land and of the areas on or within 1,000 feet of such school property.
[1967 Code § 32-3]
The Drunk Driving Free and Controlled Dangerous Substance Free School Zones Map approved and adopted pursuant to Subsection 3-3.2 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 by or leased to any elementary or secondary school or school board which is used for school purposes 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 and drunk driving free school zones. The list of school crossings designated above by the Mayor and Council shall continue to constitute an official finding and record of the location of school crossing zones within the Borough of Bound Brook until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to school crossing zones in the Borough of Bound Brook.
[1967 Code § 32-4]
The School Board, or the Chief Administrative Officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the office of the Borough Clerk 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 and which is used for school purposes or of any additions or deletions to school crossings.
[1967 Code § 32-5]
The Borough Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to Subsection 3-3.2 and the list of school crossings and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and list and of this section shall be provided without cost to the Somerset County Clerk and to the Office of the Somerset County Prosecutor.
[1967 Code § 32-6]
The following additional matters are hereby determined, declared, recited and stated: It is understood that the map and list approved and adopted pursuant to this section was prepared and is intended to be used as evidence to prosecutions arising under the criminal and traffic laws of this State and that, pursuant to State law, such map and list shall constitute prima facie evidence of the following:
a. 
The location of elementary and secondary schools within the municipality.
b. 
The boundaries of real properties which are owned by or leased to such schools or a school board.
c. 
That such school property is and continues to be used for school purposes.
d. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
e. 
The location of all school crossings in the Borough of Bound Brook.
[1967 Code § 4-15A.1]
No person shall consume or offer to another for consumption, alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park, playground or in, on or upon any land owned or occupied by any Federal, State, County or municipal government. No person shall consume alcoholic beverages or offer to another for consumption, any alcoholic beverages in, on or upon any place to which the public at large is invited, provided that nothing herein shall be construed to prohibit the consumption or sale of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee, or temporary licensee.
[1967 Code § 4-15A.2]
a. 
No person shall have in his possession or possess any alcoholic beverages in, on or upon any public street, road, alley, sidewalk, park, playground, or in, on or upon any land owned or occupied by any Federal, State, County or municipal government unless such is contained within a closed or sealed container.
b. 
No person shall have in his possession or possess an alcoholic beverage in, on or upon any place to which the public at large is invited unless such is contained within a closed or sealed container, provided that nothing herein shall be construed to prohibit the possession of alcoholic beverages within the licensed premises of a plenary retail consumption liquor licensee, or temporary licensee.
[1967 Code § 4-15A.3; Ord. No. 07-03]
None of the foregoing provisions shall apply to any public park or public picnic area where the consumption of alcoholic beverages at occasions or events held by bona fide nonprofit organizations is specifically permitted by resolution of the Mayor and Council.
The foregoing provisions shall not apply to the outdoor portions of any restaurant, cafe or other business involved primarily in the preparation and consumption of meals, which entities shall be allowed to serve alcoholic beverages for consumption in or upon an outdoor area which is open to the general public so long as:
a. 
Such service is in conjunction with or ancillary to the table service of meals and;
b. 
The liquor license application specifically requests that such area be licensed for the sale and consumption of alcoholic beverages and;
c. 
The area to be utilized in this manner is specifically delineated and physically divided from access by members of the general public except for designated points of ingress and egress and;
d. 
The appropriate approvals are received from the Planning Board or Board of Adjustment for the conduct of business in this area and;
e. 
The alcoholic beverages must be served in containers other than those in which they are distributed or sold and any broken containers shall be immediately removed and the area cleaned in accordance with the litter and property maintenance chapters of this Code and;
f. 
All such outdoor consumption under this section shall terminate at midnight.
Any violation of this section will be subject to penalties, upon conviction, as stated in Chapter 1, § 1-5. In the event of multiple violations, the Governing Body shall be entitled to revoke the privileges granted by this section.
[1967 Code § 4-23.1; Ord. No. 07-03]
The purpose of this section is to provide for the enforcement of N.J.S.A. 40:48-1.2.
[1967 Code § 4-23.2]
As used in this section:
GUARDIAN
A person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
RELATIVE
The underaged person's grandparent, aunt or uncle, sibling or any other person related by blood or affinity.
[1967 Code § 4-23.3; Ord. No. 07-03]
It shall be unlawful for any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage on private property shall be punished by a fine of $250 for a first offense and $350 for any subsequent offense. The court may, in addition to the fine authorized for this offense, suspend or postpone for six months the driving privilege of the defendant.
Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.
The court shall, with regard to any person convicted under this section who is not a New Jersey resident, suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the age of the person and submit to the Division the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
This section does not prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite or consuming or possessing 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.
This section does not prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the New Jersey Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, this section shall not be construed to preclude the imposition of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
[1967 Code § 4-2.1]
As used in this section.
LOITERING
Remaining idle in essentially one location. It shall include the concepts of spending time idly, loafing or walking about aimlessly.
PARENT or GUARDIAN
Includes any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE
Any place to which the public has access. The term shall include any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business, and public grounds, areas and parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section or, in the case of a minor, not owned or under the control of his parent or guardian.
[1967 Code § 4-2.2]
No person shall loiter in such a manner as to:
a. 
Create or cause to be created a danger of a breach of the peace.
b. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
c. 
Obstruct the free passage of pedestrians or vehicles.
d. 
Obstruct, molest or interfere with any person lawfully in any public place as defined in Subsection 3-6.1. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature, or which are calculated to annoy or disturb the person to or in whose hearing they are made.
[1967 Code § 4-2.3]
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in Subsection 3-6.2, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
[1967 Code § 4-2.4]
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this section.
[1967 Code § 4-2.5]
Whenever any minor under the age of 18 years is charged with a violation of this section, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
[1967 Code § 4-2.6]
If any time within 90 days following the giving of notice as provided in Subsection 3-6.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[1967 Code § 4-2.7]
The minimum fine for a violation of this section shall be $250.
[1967 Code § 4-21.1]
No person shall commit any lewd, immoral or indecent act or utter loud or offensive or indecent language or disturb the peace and quiet of the municipality.
[1967 Code § 4-21.2]
No person shall participate in any riot or unlawful assembly of persons, or disturb any neighborhood, family or person within the Borough by any loud or unnecessary noise by shouting, or by using any profane, indecent or obscene language or by any indecent conduct whatsoever, or by quarreling, assaulting or fighting or by otherwise disturbing the public peace.
[1967 Code § 4-21.3]
No person shall throw stones, sticks or any hard or dangerous or offensive substances in or into any street or byway or public place, or at any person, car, domestic animal, vehicle, house, building or fence within the Borough.
[1967 Code § 4-21.4; Ord. No. 07-03]
No person shall distribute, strew about or place in any street or public place, areaway or yard, or upon the steps or porch of any building or cause to be so distributed, strewn about or placed, any papers, circulars, cards or pamphlets unless securely attached to the building except such papers or other matter as may be ordered or subscribed for the occupants of the premises. Newspaper deliveries are an exception for customers who have a subscription. Unsolicited distribution of newspapers, circulars, cards or pamphlets on driveways, sidewalks or similar areas are prohibited.
[1967 Code §§ 4-15, 4-21.5; Ord. No. 07-03]
a. 
No person shall interfere with, obstruct or hinder any Public Officer in the performance of his duty, or willfully refuse or neglect to assist any Public Officer when lawfully required to do so by him in the execution of any processes in the suppression of a breach of the peace or in the case of an escape, or when he is resisted in the discharge of his duty.
b. 
No person shall resist, hinder, obstruct or interfere with any Borough Officer, including any member of a fire company or first aid squad in the performance of his duty, nor shall any person disobey the lawful orders or instructions of any Borough Officer, or without good reason refuse or neglect to assist him in the performance of his duty when requested to do so.
c. 
Minimum fine. The minimum fine for a violation of this subsection shall be $500.
[1967 Code §§ 4-17, 4-21.7; Ord. No. 07-03]
a. 
Use of motor vehicle. Any person, while operating a motor vehicle on any street or highway within this Borough, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle to a full stop, is a disorderly person.
b. 
Fleeing on foot. Any person, while traveling on foot or by any other means, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to halt, is a disorderly person.
c. 
Fleeing from police officer. Any person who flees or attempts to elude, on foot or by any other means, any police or law enforcement officer having received any signal from such officer to halt or bring his/her vehicle to a full stop is in violation of this subsection.
d. 
Minimum fine. The minimum fine for a violation of this subsection shall be $500.
[1967 Code § 4-6.5]
No person shall urinate or defecate outdoors on any property, or on any public street, sidewalk or in any other public place or in any other place open to or used by the public.
[1967 Code § 4-21.6]
No person shall intentionally break, or injure, or cause to be broken or injured, any fire alarm box, owned by the Borough or any street lights used or lighted by, or rented to the Borough.
[1967 Code § 25-12; Ord. No. 07-03]
Any individual intentionally, willfully or maliciously interfering with the operation of any alarm apparatus, or who hinders or impedes any such operations intended to be accomplished nearby, or who intentionally causes or assists in causing a false alarm or any emergency to be given in any manner may, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
[1967 Code § 4-20.1]
No person shall draw, paint or make any mark or inscription on any public or private property including, but not limited to, buildings, bridges, vehicles, sidewalks, streets or any other exposed surface without the permission of the owner.
[1967 Code § 4-20.2]
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to engage in actions which deface or damage public or private property by drawing, painting or making any mark or inscription upon any exposed surface.
[1967 Code § 4-20.3]
Whenever any minor under the age of 18 is charged with a violation of this section, his parent or guardian shall be notified of this fact by the Chief of Police or any other person designated by him to give such notice.
[1967 Code § 4-20.4]
If any time within 90 days following the giving of notice as provided in Subsection 3-8.3, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge of his parent or guardian.
[1967 Code § 4-20.5]
In accordance with N.J.S.A. 2A:153-4.1, the Governing Body is hereby authorized to provide a reward not exceeding $500 for the detention and apprehension of any person damaging or destroying public or private property. The reward shall only be payable after conviction and upon the recommendation of the Chief of Police, but shall not be paid to any public employee whose duty it is to investigate or enforce the law.
[1967 Code § 4-20.6; Ord. No. 07-03]
In addition to any other fines or penalties imposed by the court, a person convicted under this section, may pursuant to N.J.S.A. 2C:33-11, be ordered to pay monetary restitution in the amount of the damage and to perform community service which shall include removing the damage, drawing, painting, mark or other inscription from the property.
[1967 Code § 4-18.1]
As used in this section.
GUARDIAN
A person 18 years of age or older, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
JUVENILE
An individual under the age of 18 years.
LOITERING
For purposes of this section shall be as set forth in § 3-5.
PUBLIC PLACE
Every civic and publicly-owned building, park, playground and other places of general public gathering or congregation, any street, highway, road, alley or sidewalk including the front of any shop, restaurant, tavern or other place of business as well as parking lots.
PUBLIC STREET
Every highway, road, trail, alley, fire lane or other way that is open to the use of the public for vehicular or pedestrian traffic.
QUASI-PUBLIC PLACE
Every privately owned building or other place of public accommodation or use or building or other structure open to the general public and all vacant lots or other unsupervised areas within the Borough not readily under the control or supervision of the owner. It shall also include the front of any store, shop, restaurant, tavern or other place of business, and public grounds, areas, parks as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in the case of a juvenile, not owned or under the control of his parent or guardian.
QUASI-PUBLIC STREET
Every highway, road, trail, fire lane, alley or other way dedicated to the public use but which is unopened or unaccepted by the Borough.
[1967 Code § 4-18.2; Ord. No. 2007-25]
It shall be unlawful for any juvenile under the age of 18 years to loiter, idle, wander, stroll or play in or remain in or be upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other public places within the confines of the Borough of Bound Brook between the hours of 10:00 p.m. and 6:00 a.m. of the following day. It shall be unlawful for any juvenile under the age of 18 years to loiter, idle, wander, stroll or play in or remain in or be upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other public places within the confines of the Borough of Bound Brook between the hours of 12:00 midnight and 6:00 a.m. of the following day. The provisions of this section shall not apply to any juvenile under 18 years of age accompanied by his or her parent, guardian or other person having the care or custody of the juvenile, or where the juvenile is upon an emergency errand or legitimate business directed by his or her parent or guardian or other adult person having the care or custody of the juvenile.
[1967 Code § 4-18.3]
It shall be unlawful for the parent, guardian or other adult person having the care or custody of a juvenile under 18 years of age to allow or permit or suffer said juvenile to go or be upon any public street, alley, highway, park, playground or other public places or public grounds in the Borough set forth in Subsection 3-9.1 during the restricted time period of 10:00 p.m. to 6:00 a.m. of the following day in violation of the provisions of Subsection 3-9.2, except as therein provided.
[1967 Code § 4-18.4]
Whenever a juvenile shall be arrested or taken into custody or detained for willfully violating the provisions of Subsection 3-9.2, the parents or legal guardian of such juvenile or any person who has assumed the responsibility of the natural parents of the juvenile shall be notified of such detention by the arresting police officer or any authorized member of the Bound Brook Police Department.
a. 
When the parent or legal guardian or the person responsible for the custody and care of the juvenile calls for the custody of the juvenile, the authorized police officer shall serve written notice upon such parent or legal guardian or the person responsible for such juvenile setting forth the facts and charges of the violation, which notice shall contain a warning that upon a second arrest or detention within 180 days and conviction of the juvenile on charges of violating this chapter, a formal complaint may be filed against the parent or legal guardian or other person responsible for the care and custody of the juvenile for lack of supervision and permitting said juvenile to violate the provisions of Subsection 3-9.2.
b. 
A copy of the notice and warning mentioned in subsection "a" and the facts and circumstances of the prior arrest or detention shall be served upon the Administrator of the Bound Brook Municipal Court, which notice shall be evidence of parental or guardian neglect of supervision in any complaint with charges filed against the parent or legal guardian or other person responsible for the care and custody of the juvenile charged with the violation of Subsection 3-9.3 in allowing the juvenile to violate Subsection 3-9.2.
[1967 Code § 4-18.5]
The provisions of this section shall not be applicable to a juvenile under the age of 18 years or to a parent or legal guardian or other person responsible for the care and custody of the juvenile during the time necessarily required for such juvenile to travel from a place of employment at which such juvenile may be gainfully employed, or from school or place of instruction at which such juvenile may be in a bona fide attendance, or from a place at which a function may be held that shall be or had been sponsored by a religious, school, civic or properly supervised event or program, or from a place at which a bona fide, supervised social meeting, gathering or assemblage had taken place, to his or her residence, nor in the event of an emergency involving the danger to life or property which shall require the juvenile to be out of his home and in the prohibited area.
[1967 Code § 4-18.6]
All officers or officials charged with law enforcement within the Borough are hereby authorized, empowered and directed to enforce the provisions of this section.
[Ord. No. 05-18 § 1]
a. 
A person over the age of 18 years who has been convicted or adjudicated delinquent for commission of a sex offense as delineated in N.J.S.A. 2C:7-2 (or equivalent offense in a different jurisdiction) against a minor, and who, as a result of said adjudication or conviction is required to register with a designated registering agency pursuant to N.J.S.A. 2C:7-2, shall not reside or live within 2,500 feet of any school, park, playground or day care center within the Borough.
b. 
Any person who resides or lives within 2,500 feet of any school, park, playground or day care center within the Borough shall, within 60 days from receipt of written notice of the prohibition set forth herein, move to a location not prohibited by this section. Failure to move to a location which is in compliance with this section within 60 days of the written notice aforesaid shall constitute a violation of this section.
c. 
The provisions of this section shall not apply to a person who has established a residence within 2,500 feet of any school, park, playground or day care center within the Borough prior to the effective date of the within section, provided, however, any such person shall not be permitted to change his residence to a different location within 2,500 feet of any school, park, playground or day care center within the Borough.
[Ord. No. 05-18 § 5]
Upon conviction for violation of any provision of this section the maximum penalty shall be one or more of the following: a fine not to exceed $2,000, imprisonment in the County Jail for a period not to exceed 90 days, and/or a period of community service not to exceed 90 days. Each and every day upon which a violation of any provision of this section exists shall constitute a separate violation.
[Ord. No. 06-12, Preamble]
The Borough of Bound Brook wants to ensure that the Borough is providing the safest possible recreational and other programs for its youth. N.J.S.A. 15A:3A-1, et seq., permits the Borough to request that the Attorney General's office conduct a criminal history record background check on each prospective and current employee or volunteer participating in any Borough endorsed or sponsored programs which provide recreational, cultural, charitable, social or other activities or services for persons younger than 17 years of age. It has been recommended that all such current and prospective employees and volunteers involved with such youth programs be required to submit to such criminal history record background checks at Borough cost. The Borough desires that all youth programs sponsored by the Borough, such as Youth Baseball and Basketball, Wrestling, Girls Softball and Soccer, and the like, be required to perform criminal background checks on their employees and volunteers, as a condition of Borough sponsorship.
[Ord. No. 06-12 § 8-14.1]
As used in this section:
BOROUGH SPONSORED PROGRAMS SERVING YOUTH
Any program or activity sponsored or endorsed by the Borough, but excluding public and nonpublic schools, which provide recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age.
CRIMINAL HISTORY RECORD BACKGROUND CHECK
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.
DEPARTMENT
The Borough of Bound Brook Police Department.
IDENTIFICATION DIVISION
The State Bureau of Identification in the Division of State Police.
[Ord. No. 06-12 § 8-14.2]
a. 
The Borough requires that all employees and volunteers of Borough Sponsored Programs Serving Youth request through the Police Department, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employees or volunteers in the Program.
b. 
The Division of State Police shall inform the Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in Subsection 3-11.4.
c. 
The Borough shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective or current employee or volunteer.
d. 
The Borough shall bear the costs associated with conducting criminal history background checks.
[Ord. No. 06-12 § 8-14.3]
a. 
A person may be disqualified from serving as an employee or volunteer of Borough Sponsored Programs Serving Youth if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:
1. 
In New Jersey, any crime or disorderly persons offense:
(a) 
Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 12-1(b), N.J.S.A. 2c:12-2-13, N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq.;
(b) 
Against family members, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:25-1 et seq.;
(c) 
Involving theft as set forth in Chapter 20 of the Title 2C of the New Jersey Statutes;
(d) 
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 (A) of Subsection a of N.J.S.A. 2C:35-10.
2. 
In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly person's offenses described in the prior subsection.
[Ord. No. 06-12 § 8-14.4]
a. 
Prospective or current employees and volunteers of Borough Sponsored Programs Serving Youth shall submit their name, address, fingerprints and written consent to the organization for the criminal history record background check to be performed. The Borough Sponsored Programs Serving Youth shall submit this documentation to the Bound Brook Chief of Police who shall coordinate the background check.
b. 
The Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this section.
[Ord. No. 06-12 § 8-14.5]
a. 
Access to criminal history record information for non-criminal justice purposes, including licensing and employment is restricted to authorized personnel of the Borough Sponsored Programs Serving Youth, 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 section.
b. 
Such persons or 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. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating Federal or State regulations governing access to Criminal History Record Information may be subject to criminal and/or civil penalties.
[Ord. No. 06-12 § 8-14.6]
If this criminal history record may disqualify an applicant for any purpose, the person making the determination shall provide the applicant with an opportunity to complete and challenge the accuracy of the information contained in the Criminal History Record. The applicant shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are not final dispositions indicated on the record.
[1967 Code § 4-13.1]
No person shall discharge any firearm, air rifle, BB gun, CO2, gun or bow and arrow within the Borough of Bound Brook.
[1967 Code § 4-13.2]
This section shall not apply to the following:
a. 
The discharge of a firearm by a law enforcement officer in the course of performing his official duties.
b. 
The use of a firearm in the defense of persons and property, provided that such use is otherwise lawful.
c. 
Shooting with firearms or bows and arrows for practice, sport or recreation upon a supervised firing range provided with proper facilities for the protection of persons and property. In the case of firearms, plans for the firing ranges prepared by or under the supervision or auspices of the National Rifle Association shall be used as a guide for determining if a firing range is equipped with proper safeguards. Any range constructed in accordance with plans prepared by or under the auspices of the National Rifle Association, shall be conclusively presumed to have proper safeguards.
d. 
Shooting of firearms or bows and arrows for sport or recreation in conformity with the hunting laws of the State of New Jersey.
[1]
Editor's Note: For additional provisions regarding refuse collection, see Chapter 29, Solid Waste Management.
[1967 Code § 4-12.1]
No person shall burn or cause to be burned any leaves, grass, waste paper or other combustible refuse material within the Borough.
[1967 Code § 4-12.2]
All persons desiring leaves, grass, waste paper, trees, brush, stumps or other combustible waste material or debris to be removed by the Borough shall place it in suitable containers or, in the case of material too large to be placed in containers, shall securely tie it in bundles and place the containers and bundles in some place where they may be conveniently removed by the refuse collectors of the Borough. During the period September 1 to November 30, leaves may be placed at the curb for collection.
[1967 Code § 29-1]
No person who operates a store, newsstand, concession or similar business with unimpeded access for the persons under the age of 18 years of age or who is in the business of making sales of videos, periodicals or other publications at retail containing pictures, drawings or photographs, shall display or permit to be displayed at his business premises any obscene materials as defined in N.J.S.A. 2C:34-3 at a height of less than five feet or without a binder or other covering placed or printed on the material displayed. The public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted this display. For the purpose of this section, "obscene material" means any description, narrative account, display or depiction of sexual activity or anatomical area contained in or consisting of a picture or other representation, publication, sound recording, live performance or film or videos which by means of posing, composition, formal or animated sensual details:
a. 
Depict or describe in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals.
b. 
Lacks serious literary, artistic, political, or scientific value when taken as a whole.
c. 
Is a part of work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
[1967 Code § 29-2]
This section shall be enforced by the Code Enforcement Officer, the Police Department and/or the citizens of the Borough who may file citizens' complaints.
[1967 Code § 30-1]
It shall be unlawful for any person, corporation or association of persons of any kind to permit or employ a person in any place open to the public or to which the public is invited, within the limits of the Borough of Bound Brook, to perform the following:
a. 
Topless or bottomless exhibitions or dancing by a female person or persons.
b. 
Bottomless exhibitions or dancing by male persons.
[1967 Code § 30-2]
It shall be unlawful for any female to exhibit herself topless or bottomless within the limits of the Borough of Bound Brook in any public place or any place open to the public or to which the public is invited or required to pay admission or membership fee.
[1967 Code § 30-3]
It shall be unlawful for any male person to exhibit himself bottomless within the limits of the Borough of Bound Brook in any public place or any place open to the public or to which the public is invited or required to pay admission or membership fee.
[1967 Code § 30-4]
As used in this section:
BOTTOMLESS
Having the genital area beneath the waist unclothed or clothed by a transparent material.
EXHIBIT or EXHIBITION
To show oneself in any capacity, whether while employed in the performance of work or entertainment or whether simply at leisure or otherwise.
TOPLESS
Have the breasts unclothed or clothed by a transparent material.
[1967 Code § 30-5]
Written posted notice warning of the offensive nature of the dancing or exhibitions shall not constitute a defense to any charge made pursuant to this section.
[1967 Code § 4-4.9]
It shall be unlawful for any property owner to park or permit the parking of any vehicle on his lawn.
[1967 Code § 4-10]
It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots, driveways, 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 does not display a current, valid state license; or c) which is wrecked, disassembled or partially disassembled.
[1967 Code § 4-11.1]
As used in this section:
ABANDONING or ABANDONMENT
The leaving of property without the intention of reclaiming or resuming possession of it. Any person who leaves property in any public place for no apparent reason shall be presumed, in the absence of evidence to the contrary, to have abandoned it. Any property found abandoned shall be presumed, in the absence of evidence to the contrary, to have been abandoned by or with the consent of the owner.
PERSONAL PROPERTY
Movable goods of any nature whatsoever, including but not limited to, bicycles, carts, wagons, boxes, barrels, bales of merchandise, household appliances or fixtures, or parts of any of the foregoing.
PUBLIC PLACE
Any street, sidewalk, alley, municipal parking field, vacant lot or other property, public or private, other than property owned by or under the control of the person owning the personal property in question.
[1967 Code § 4-11.2]
No person shall abandon any personal property in any public place in the Borough. No person shall permit any personal property owned by him or in his possession or control to be abandoned in any public place in the Borough.
[1967 Code § 4-11.3]
The Police Department shall take possession of any property found abandoned within the Borough and shall remove it, or cause it to be removed, to some place designated for that purpose by the Mayor and Council, where the property shall be held until redeemed or sold as provided in this section.
[1967 Code § 4-11.4]
Whenever the owner of any abandoned property impounded by the Police Department is known, or can be ascertained in the exercise of reasonable diligence, a notice shall be sent by ordinary mail to the owner stating that the property has been taken into custody by the Police Department and advising the owner of the amount necessary to redeem the property.
[1967 Code § 4-11.5]
Abandoned property impounded by the Police Department may be redeemed by the owner at any time prior to the sale, dismantling, destruction or disposal of the property. The owner shall be entitled to receive the property upon paying all expenses incurred by the Borough in impounding and storing it, including any costs incurred advertising the sale of the property. Any fee charged for impounding and storing property shall be in addition to any penalty imposed for a violation of this section. Any person seeking to redeem impounded personal property shall be required to establish to the satisfaction of the Chief of Police his ownership or right to possession. Any delivery of property to the person apparently entitled to it shall relieve the Borough from liability to any other person claiming to be entitled to the property.
[1967 Code § 4-11.6; Ord. No. 07-03]
When any abandoned personal property is seized and impounded by the Police Department and is not claimed for a period of six months, the Chief of Police shall give public notice that the property will be sold at public auction for the best price which he can obtain. The notice shall give the time and place of the auction and shall be published once in a newspaper circulating within the Borough at least 10 days before the date of the auction. A general description of the property to be sold shall be sufficient. The auction shall be conducted by the Chief of Police, or by any police officer or auctioneer designated by him.
[1967 Code § 4-11.7]
In the event that no bids are received for the property at the auction, the Chief of Police may reoffer the property for sale at a subsequent public auction held under the provisions of this section, or he may sell privately, dismantle, destroy or otherwise dispose of the property. Any sale or disposition of property under the provisions of this subsection shall be without liability on the part of the Borough to the owner of the property or to any person having any interest in the property.
[1967 Code § 4-11.8]
When any abandoned personal property is redeemed, sold or otherwise disposed of, the Chief of Police shall immediately forward to the Chief Financial Officer an itemized statement showing the nature of the property and all receipts and disbursements incurred in connection with its impounding, storage, redemption, sale or other disposition. When the property is redeemed, any amount received over and above actual expenses shall be turned over to the Chief Financial Officer and credited to the Borough. When the property is sold or otherwise disposed of, and after deducting all costs and expenses in connection with the sale or disposition, a surplus remains, this surplus shall be turned over to the Chief Financial Officer and shall be deposited in a special account separate from other Borough funds and held for a period of six years. If, at the end of the six-year period, the owner of the abandoned personal property has not made any claim upon the surplus, it shall be turned over to the Borough and credited to the proper Borough account. If, during the six-year period, the owner of the abandoned personal property makes a claim upon the surplus, it shall be paid over to him without interest upon his establishing to the satisfaction of the Chief Financial Officer his ownership of the property sold or otherwise disposed of.
[1967 Code § 4-11.9]
The minimum fine for a violation of this section shall be $100.
[Ord. No. 07-03]
All abandoned and unclaimed motor vehicles shall be disposed of pursuant to N.J.S.A. 39:10A-1, et seq.
[1967 Code § 4-22.1]
As used in this section:
CART
A hand-drawn or propelled vehicle or wheeled container made of metal, wood or other material such as is generally provided by merchants for the use of their customers carting or carrying goods, wares and merchandise.
PERSON
A person of either sex, corporation, partnership, association and any other entity capable of being sued.
PUBLIC PROPERTY
Any place or location owned by or under the control or supervision of the Borough, or of the Board of Education of the Borough, or of any other local governmental agency or unit.
STREET
Any street, avenue, highway, thoroughfare, driveway, lane, alley, path, stairway, concourse, sidewalk, curb, crosswalk, parking area or lot open to the public or used by the public within the Borough.
[1967 Code § 4-22.2]
It shall be unlawful for any person to discard or abandon any cart upon any street or upon any public property, or to suffer or permit any cart to be discarded or abandoned upon any street or upon any public property, whether such cart is owned by him or is in his possession, custody or control.
[1967 Code § 4-22.3]
Any cart left unattended on any street or upon any public property where there is no person present who has actual physical custody or control of the cart shall be deemed to have been discarded or abandoned within the meaning of this section. With respect to any cart which has been abandoned or discarded upon any street or upon any public property, if it is determined that the cart has been missing from the owner's premises or place of business for 24 hours or more immediately prior to the impounding of the cart, the owner of the cart shall be deemed to have suffered or permitted the cart to have been discarded or abandoned.
[1967 Code § 4-22.4]
It shall be unlawful for any person to remove a cart, as herein defined, from the property of any business or enterprise without the written consent of the owner.
[1967 Code § 4-22.5]
The Borough may remove or cause to be removed any cart found abandoned or discarded on any street or public property, and shall take same to be taken to property or premises of the Borough, where same shall be held until redeemed, sold or otherwise disposed as provided in this section.
[1967 Code § 4-22.6]
Whenever a cart that has been impounded contains sufficient information with which to identify the owner or the person having the right of possession thereof, a notice shall be sent by ordinary mail no later than the fourteenth-day following the date of impoundment (holidays excluded) to such person, advising such person that the cart has been impounded, where the cart is being held, the amount of money and procedure necessary to redeem the cart from impoundment, and the date after which the cart, if it has not been redeemed, can be sold at public auction pursuant to this section. If any impounded cart does not contain identification sufficient to determine its owner or the person having the right of possession thereof, no such notice need be sent; however, with the respect to any such cart the provisions of Subsection 3-19.8 must be complied with.
[1967 Code § 4-22.7]
Any impounded cart may be redeemed by the owner or by such other person having the right of possession thereof at any time prior to the sale, destruction, disposal or other disposition of the cart by the Borough, upon paying the sum of $15. In addition, the person seeking to redeem shall pay the cost of advertising the sale of the cart sought to be redeemed, if any. No cart shall be delivered to any person seeking to redeem unless proof establishing such person's ownership or right to possession is submitted. Any delivery to a person apparently entitled thereto shall be a good defense to the Borough against any other person claiming to be entitled thereto. The person to whom delivery claiming to have been made may recover same with interest and costs from the person to whom same shall have been delivered.
[1967 Code § 4-22.8; Ord. No. 07-03]
When any impounded cart remains in the custody of the Borough for more than 15 days after impoundment, and with respect to which no person has paid the required redemption fee and established his ownership or right to possession, the Borough Clerk shall give public notice in a newspaper distributed in the Borough advising that at a stated time and place not less than 10 days after such notice is published, such cart shall be sold at public auction for the best price obtained. A general description in such notice of the cart or carts to be sold shall be sufficient. If more than one cart is to be sold at the same time and place, this section will be satisfied by publication of one notice, so long as each cart to be sold is generally described therein. This section shall not preclude the Borough from also giving notice of any sale by any other means, so long as the provisions of this section are satisfied. The minimum bid price per cart shall be $25.
[1967 Code § 4-22.9]
If any impounded cart is not sold at public auction, the Borough may reoffer it for sale at any subsequent public auction held pursuant to this section, dismantle, destroy or otherwise sell or dispose of such cart. Any sale or other disposition of a cart pursuant to this section shall be without liability on the part of the Borough to the owner or other person lawfully entitled to or having any interest therein.
[1967 Code § 4-22.10]
Upon redemption or sale of a cart, the proceeds shall be deposited in the general funds of the Borough, and used as a part thereof.
[1967 Code § 4-5a]
No Borough employee, official, agent, appointee or public servant shall be permitted to utilize Borough vehicles, property or equipment within or outside of the municipality, unless such use is consistent with and devoted exclusively to a public purpose and/or for the furtherance of municipal business. No Borough employee, official, agent, appointee or public servant shall be permitted to utilize a Borough vehicle, property or equipment for personal use.
[1967 Code § 4-5b]
Any and all Borough employees, officials, agents, appointees or public servants assigned to or utilizing a public vehicle on a regular basis shall maintain a daily log setting forth the mileage driven and the nature of the use. In the event the municipal vehicle is utilized outside of the Borough of Bound Brook the log shall state the destination, miles traveled, time elapsed and the public business requiring such use. Failure to maintain the log shall be justification for revocation of an individuals rights to utilize a public vehicle.
[1967 Code § 4-5c]
In no case shall a municipal vehicle, property or equipment be taken home by a Borough employee, official, agent, appointee or public servant unless specifically authorized by a majority of the Mayor and Council.
[1967 Code § 4-5d; Ord. No. 07-03]
Any municipal employee who utilizes his or her vehicle, property or equipment for municipal purposes, shall be entitled to reasonable reimbursement for the same, which in the case of a vehicle shall be defined as in accordance with IRS Guidelines.
[1967 Code § 4-5g, h, i]
a. 
This section shall not apply to the Chief of the Police Department who shall have a vehicle for his use. The use of other assigned vehicles, property and equipment in the Police Department shall be governed by the policy or policies now in effect or which may subsequently be adopted and/or modified by the Chief of Police except that no individual, other than the On Call Detective and On Call Internal Affairs Officer, shall be entitled to take a vehicle home or out for personal use.
b. 
This section shall also not apply to the Fire Chief who shall be permitted to utilize the Chief's vehicle at any time, so long as he can physically attend any emergency situation and is located within eight miles or 15 minutes of the Borough.
c. 
All Borough emergency departments shall be entitled to remove vehicles from the municipality in order to answer all calls pursuant to mutual aid agreements.
[1967 Code § 4-5e, f; Ord. No. 07-03]
a. 
Any person violating this section shall be subject, upon conviction, to the penalty stated in Chapter 1, § 1-5 in addition to any civil remedies and disciplinary action including, but not specifically limited to, dismissal.
b. 
Any person violating this section shall also be responsible to reimburse the Borough for the fair market value of any services wrongfully appropriated by utilizing the public vehicle.
[Ord. No. 11-11]
MOTORIZED RECREATIONAL VEHICLE
Any two-, three- or four-wheeled or tracked bicycle, vehicle or conveyance that is motor propelled or contains a motor to assist the operation of said vehicle, intended and/or used for recreational purposes, including, but not limited to, dirt bikes, motorized scooters, motorized skateboards, minibikes, go-carts, all-terrain vehicles (ATVs), dune buggies, trail bikes, and snowmobiles.
PUBLIC PROPERTY
All lands and buildings owned, operated, managed, or maintained by the Borough of Bound Brook.
[Ord. No. 11-11]
a. 
No person shall operate motorized recreational vehicle on any public property within the Borough of Bound Brook.
b. 
No person owning, leasing, possessing, or otherwise having custody or control of a motorized recreational vehicle shall permit another to operate that motorized recreational vehicle on any public property within the Borough of Bound Brook.
[Ord. No. 11-11]
The prohibitions contained in this section, shall not include or apply to the following:
a. 
A motorized recreational vehicle operated by an employee or agent of the United States, the State of New Jersey, or any subdivision thereof, used while in the performance of the employee's or agent's official duties.
b. 
A motorized recreational vehicle used in accordance with the prior approval of the Governing Body of the Borough of Bound Brook as part of a government-sponsored or government-permitted event.
[Ord. No. 11-11]
a. 
Any person who violates any provision of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5, of the Revised General Ordinances of the Borough of Bound Brook.
b. 
In addition to the penalty stated in paragraph a., above, any person who violates any provision of this section shall be liable, upon conviction, for the cost of any damage caused to public property by operation of the motorized recreational vehicle, and shall make restitution thereof.
[1967 Code § 4-14.1]
As used in this section:
BICYCLE
Includes tricycles and similar vehicles as well as bicycles.
[1967 Code § 4-14.2]
All bicycles operated on public streets in the Borough shall have the following equipment:
a. 
An alarm bell which when rung may be heard at a distance of 100 feet.
b. 
A headlamp located at the front of the vehicle which shall be of sufficient illuminating power to be seen from a distance of 500 feet.
c. 
A reflector located at the rear of the vehicle which when illuminated by the headlights of an automobile can be seen clearly from a distance of 50 feet.
[1967 Code § 4-14.3]
a. 
Compliance with laws. All persons operating bicycles in the Borough shall conform to all applicable laws of the State of New Jersey and all applicable provisions of this revision, particularly those dealing with the regulation of traffic. Bicycle operators shall obey the same rules as drivers of motor vehicles unless inapplicable or inappropriate.
b. 
Single file. When two or more bicycles are being operated together, the operators shall ride in single file only.
c. 
Passengers. No person shall ride on any part of a bicycle not intended for use by a rider, nor shall more than one person ride any bicycle unless it is designed to accommodate more than one rider or operator.
d. 
Lighting. The headlamp required by Subsection 3-22.2b shall be lit whenever the bicycle is being operated during the period between 1/2 hour after sunset and 1/2 hour before sunrise.
e. 
Unsafe bicycles. No person shall operate a bicycle within the Borough while that bicycle is in a defective, unsafe or dangerous condition.
f. 
Restriction on parking of bicycles. No person shall secure, lock, attach, or in any manner fasten a bicycle to a post, pole, street sign, traffic signal, tree, or any other fixed object within any public right-of-way, or in or upon any public sidewalk, any public park, or any other public property owned, operated or controlled by the Borough, except to a bicycle rack, stand, rail or other device designed for the parking of bicycles. In the event any bicycle is found parked in violation of this subsection and the owner or operator does not remove same immediately, the bicycle shall be subject to seizure by the police and disposition in accordance with the provisions of N.J.S.A. 40A:14-157.
[Ord. No. 2008-08 § 3-23.1]
As used in this section:
BOROUGH GRAFFITI REMOVAL PROGRAM
A volunteer program offered by the Borough to property owners which uses community volunteers and service workers to remove graffiti whereby the cost of labor and paint are free of charge to the property owner, or such alternate method proposed by the owner.
BROAD-TIPPED INDELIBLE FELT MARKERS
Any felt-tipped marker or similar implement containing a fluid that is not water soluble and which has a flat or angled writing surface of 1/2 inch or greater.
CORRECTIVE ACTION PLAN
Any written document, which has been approved by the Borough, setting forth a method or plan for the removal of graffiti from property to which the graffiti has been applied, by the owner or owner's agent. Said corrective action plan may include the utilization of the Borough's volunteer graffiti removal program or such alternative method proposed by the owner.
DEFACE
To cover, mark, write on, paint, color or otherwise mar, disfigure or draw in any manner whatsoever, on any private or public property of any nature, without the express consent of the owner.
GRAFFITI
Any form of painting, writing, marking, inscription, etching, scratching, or drawing, regardless of the nature of its contents or the materials used, applied or affixed on any property, building, structure, fixture or other improvement, on lawns, streets, sidewalks, parking lots, or on vehicles, whether private or public, without the consent of the owner of the property or the owner's authorized agent.
INDELIBLE MARKING MATERIAL
Any paint, dye, ink, or other coloring agent of any type or kind which is not water soluble, or whether water soluble or not, is not easily removed by spraying of water from an ordinary garden hose.
PARENT
Any person to whom legal custody of the juvenile has been given by court order or is acting in the place of the parent or is responsible for the care and welfare of the juvenile and shall include:
a. 
Natural or adoptive parents;
b. 
Legal guardians;
c. 
A person who stands in "loco parentis;"
d. 
A person to whom legal custody has been given by court order.
PROPERTY OWNER
The owner of record of the property as set forth in the records of the Tax Assessor for the Borough of Bound Brook.
SPRAY PAINT
Any paint or pigmented substance in an aerosol or similar spray container or intended for use in an aerosol or similar spray container.
[Ord. No. 2008-18 § 3-23.2]
The following acts are prohibited:
a. 
No person shall willfully or maliciously damage, deface, or vandalize any public, or private property by painting, writing, drawing or otherwise in subscribing in any fashion of graffiti thereon without the express permission or consent of the owner. However, this prohibition shall not apply to easily removable (which are water soluble) chalk markings on public sidewalks or streets, written or drawn in connection with traditional children's games, or in any lawful business or public purpose or activity.
b. 
It is unlawful to aid anyone in defacing public or private property.
c. 
No person shall possess a spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti in any public place or on any public facility or private property with the intent to use same to deface the public building, property or private property, absent express permission to the contrary by the property owner or their authorized agent.
d. 
No person under the age of 18 years shall possess a spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti in any public place or on any public facility or private property, absent express permission to the contrary by the property owner or their authorized agent.
e. 
No person, firm, corporation or other entity shall sell or offer to sell any spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti to any person under the age of 18 years. It shall be the affirmative obligation of any selling person, firm, corporation or other entity to verify the age of any person seeking to purchase these items when the person, firm, corporation or other entity selling these items reasonably believes the person to be under the age of 18 years.
f. 
No person having attained the age of 18 years or older shall purchase or attempt to purchase any spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti with the intent to distribute, give, or make these items available to any person or persons under the age of 18 years.
g. 
No person under the age of 18 years shall purchase or attempt to purchase any spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti from any retail establishment within the Borough of Bound Brook, nor will they be allowed to solicit anyone 18 years of age or older to purchase any spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti for them.
[Ord. No. 2008-08 § 3-23.3]
Any person found to be in possession of any spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti shall not be in violation of this section when these items are possessed for, and/or in furtherance of, a lawful activity, including but not limited to, employment, educationally related activities and/or other legally recognized recreational activities. When claiming this exception in any defense for a violation of this section, the burden of proof shall be upon the defendant to provide the necessary documentation that the items they possessed were legally possessed for a lawful activity.
[Ord. No. 2008-08 § 3-23.4]
Every person who engages in the business of selling spray paint regulated by this section, shall post in clear public view at or near the display of such products using bold lettering at least one inch in height a placard stating as follows:
ANY PERSON COMMITTING ACTS OF GRAFFITI UPON ANY TYPE OF PUBLIC OR PRIVATE PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER TYPE OF IMPLEMENT THAT MAY BE USED TO COMMIT ACTS OF GRAFFITI IS SUBJECT TO A FINE OF UP TO $2,000 OR IMPRISONMENT FOR UP TO 90 DAYS. ADDITIONALLY PURSUANT TO N.J.S.A. 2C:33-25 NEW JERSEY AN ACT OF GRAFFITI COMMITTED BY A JUVENILE MAY CARRY A PENALTY OF A ONE-YEAR DRIVER'S LICENSE SUSPENSION FOR A FIRST OFFENSE AND A TWO YEAR SUSPENSION FOR A SECOND OFFENSE, AND THAT AN ACT OF GRAFFITI COMMITTED BY EITHER AN ADULT OR A JUVENILE MAY CARRY A PENALTY OF RESTITUTION OR 20 DAYS' COMMUNITY SERVICE.
[Ord. No. 2008-08 § 3-23.5]
Every person who engages in the business of selling any type of spray container, spray paint, indelible marker or any other type of implement that may be used to commit acts of graffiti regulated by this section shall also post in the direct view of such person or persons responsible for accepting customer payment for such items, using bold lettering at least one inch in height a placard stating as follows:
IT IS UNLAWFUL TO SELL OR OTHERWISE CONVEY ANY TYPE OF SPRAY CONTAINER, SPRAY PAINT, INDELIBLE MARKER OR ANY OTHER TYPE OF IMPLEMENT THAT MAY BE USED TO COMMIT ACTS OF GRAFFITI TO PERSONS UNDER 18 YEARS OF AGE IN THE BOROUGH OF BOUND BROOK. VIOLATORS SHALL BE SUBJECT TO A FINE OF UP TO $2,000 OR IMPRISONMENT FOR UP TO 90 DAYS.
[Ord. No. 2008-08 § 3-23.6]
a. 
When the offense committed is a violation of the New Jersey State Criminal Code:
If, at the time of the offense charged, any person or persons shall be under the age of 18 years, the Juvenile and Domestic Relations Court of Somerset County shall have exclusive jurisdiction and all complaints will be forwarded to the Somerset County Prosecutor's Office utilizing the normal juvenile screening process.
b. 
When the offense committed is in violation of Subsection 2-23.2b through and including g:
The person or persons under the age of 18 years shall be issued a Borough Ordinance Violation shall be heard in the Bound Brook Municipal Court.
c. 
In cases where any person or persons under the age of 18 years are in violation of both Subsection 3-23.2a and at least one other paragraph b through and including g:
The officer will be forwarded the complaint(s) to the Somerset County Prosecutor's Office utilizing the normal juvenile screening process and attach the appropriate Borough Ordinance Violation for violating paragraphs b through and including g with the Juvenile Screening Memo and reports.
[Ord. No. 2008-08 § 3-23.7]
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of a person under 18 years of age who fails or neglects to exercise reasonable supervision and control of such person, shall be liable in a civil action for any damage caused by such person in violation of this section.
[Ord. No. 2008-08 § 3-23.8]
a. 
Each property owner shall be responsible for the removal of any graffiti from the owner's property, under the following parameters:
1. 
The owner, or agent thereof, of property located within the Borough of Bound Brook shall procure the removal of any graffiti from the owner's property within 90 days of receipt of notice from a Police Officer, Code Enforcement Officer, Housing Inspector, or Health Officer to remove such graffiti.
Said time period may be extended by the Borough upon the filing of a reasonable corrective action plan by the owner within the aforesaid five calendar day time period. The granting of the extension and the number of days allowed by the extension will be at the discretion of the Code Enforcement Department at Borough Hall.
2. 
If the graffiti is of an offensive nature (i.e., vulgar, racial, sexually explicit or inflammatory) the same shall be removed no later than 24 hours from notification by any Borough official.
3. 
In the case of either paragraph 1 or 2, the Borough shall take into account inclement weather, or any other factors as the Borough may deem appropriate, as to the lack or removal.
4. 
If the owner or agent of such property fails to remove the graffiti in a timely manner, the Borough shall cause the graffiti to be removed by the hiring of an outside contractor to perform the removal and charge the property owner for the expenses incurred. Failure of the property to pay the Borough shall result in the expenses being placed as a municipal lien upon the property as permitted by law.
b. 
All Borough Zoning Officers, Housing and Property Maintenance Officers, Health Officers and Code Enforcement Officers are hereby authorized to enforce the provisions of this section, including the issuance of summonses and notices required under paragraph c below.
c. 
Whenever the Borough becomes aware of the existence of graffiti on any property located within the Borough of Bound Brook, including structures or improvements on the affected property, any applicable Zoning Officers, Housing and Property Maintenance Officers, Health Officers or Code Enforcement Officer shall give, or cause to be given, notice to the property owner and/or owner's agent or manager to remove such graffiti therefrom. Said notice shall be in writing, delivered by regular and certified mail and be in substantially the following form:
NOTICE TO REMOVE GRAFFITI FROM PROPERTY TO THE OWNER, AGENT OF THE OWNER, OR PERSON MANAGING THE PROPERTY HEREINAFTER DESCRIBED:
YOUR ATTENTION IS HEREBY DIRECTED TO THE PROVISIONS OF THE CODE OF THE BOROUGH OF BOUND BROOK ON FILE IN THE OFFICE OF THE BOROUGH CLERK IN THE MUNICIPAL BUILDING PURSUANT THERETO, YOU ARE HEREBY NOTIFIED THAT GRAFFITI EXISTS ON PREMISES SPECIFICALLY DESCRIBED AS ____________________, WHICH INJURES NEIGHBORING PROPERTY, AND THE PUBLIC HEALTH, SAFETY AND WELFARE. YOU ARE HEREBY NOTIFIED TO IMMEDIATELY REMOVE SUCH GRAFFITI FROM THE PROPERTY.
ANY OBJECTIONS TO THE NOTICE AND ORDER MUST BE FILED WITHIN 30 DAYS. IN THE EVENT YOU FAIL TO COMPLETE SUCH WORK, WITHIN 90 CALENDAR DAYS OF NOTIFICATION OF THE VIOLATION OR FAIL TO FILE A CORRECTIVE ACTION PLAN WITH THE BOROUGH WITHIN FIVE CALENDAR DAY PERIOD THE UNDERSIGNED SHALL CAUSE THE SAME TO BE REMOVED AND YOU WILL BE RESPONSIBLE FOR THE COST OF REMOVAL OF THE CONDITION FROM THE PROPERTY INCLUDING IMPOSITION OF THE COST AS A MUNICIPAL LIEN UPON THE PROPERTY.
YOU MUST RESPOND TO THE MUNICIPALITY BY PERSONAL DELIVERY OR BY CERTIFIED MAIL: YOU ARE REQUIRED TO INFORM THE MUNICIPALITY IN WRITING OF THE GRAFFITI HAS BEEN REMOVED. BY AFFIXING YOUR SIGNATURE TO THE REPLAY INDICATING THAT GRAFFITI HAS BEEN REMOVED, YOU ARE CERTIFYING THAT THE FACTS SET FORTH THEREIN ARE TRUE AND THAT THE CERTIFICATION SHALL BE CONSIDERED AS IF MADE UNDER OATH AND SUBJECT TO PENALTIES AS PROVIDED BY LAW FOR PERJURY.
AN OWNER WHO OBJECTS TO AN ORDER TO REMOVE GRAFFITI, MAY INSTITUTE AN ACTION CHALLENGING THE ORDER BEFORE A COURT OF COMPETENT JURISDICTION WITHIN 60 DAYS OF THE DATE OF THE ORDER.
[Ord. No. 2008-08 § 3-23.9]
Any person found to be in violation of this section shall be subject to one or more of the following:
a. 
For a first offense, a fine of not less than $500 nor more than $1,000. For a second or subsequent offense, a fine of not less than $1,000 nor more than $2,000.
b. 
For a first offense, imprisonment for not more than 90 days. For a second or subsequent offense, imprisonment for not more than 180 days.
c. 
A sentence of community service, including but not limited to the removal/remediation of graffiti throughout the Borough for a period not exceeding 90 days.
d. 
Restitution for the costs of removal/cleanup of graffiti to the property owner.
[Ord. No. 2008-08 § 3-23.10]
Forty percent of each fine collected, pursuant to this section, shall be placed in a special account to be used as assistance to homeowners and business owners for removing graffiti and to purchase necessary equipment to perform the cleaning. Thirty percent of the fine shall be deposited into the general fund under a specific line item for rewards, as described below in Subsection 3-23.11. The remaining 30% of the fine will go to the Borough.
[Ord. No. 2008-08 § 3-23.11]
The Borough Council may provide for rewards, not to exceed $500 each, for the detection, apprehension and conviction of a person or persons found to be in violation of this section. The reward shall be paid to any person whom the Borough Council deems to be entitled thereto, based upon the recommendation of the Chief of Police, or the Chiefs designee. No reward shall be paid to any public employee whose duty it is to investigate or to enforce this section, or any associated law thereto, or to the employee's spouse, child or parent, living in the same household.
[Ord. No. 2008-08 § 3-23.12]
The following will address areas of responsibility for enforcement of this ordinance.
a. 
Police Department: Subsection 3-23.2 Prohibited Acts, Subsection 3-23.5 Posting of Signs for Persons Responsible for Sales.
b. 
All Borough Zoning Officers, Housing and Property Maintenance Officers, Health Officers and Code Enforcement Officers: All sections except Subsection 3-23.2 Prohibited Acts.
[Ord. No. 11-09; Ord. No. 2014-04]
BOUND BROOK LEVEES
The levees constructed along the Raritan River in the Borough of Bound Brook as part of the United States Army Corps of Engineers Green Brook Flood Control Project.
[Ord. No. 11-09; Ord. No. 2014-04]
No person shall enter, remain on, or travel across the Bound Brook levees in or on any form of motorized vehicle.
This shall also prohibit any persons on foot or by any other means of human powered conveyance to enter, remain on, or travel across the Bound Brook levees.
[Ord. No. 11-09; Ord. No. 2014-04]
The use of the walkways and pathways established on the levees shall only be accessed by any employee or agent of the United States, the State of New Jersey or any subdivision thereof, while in the performance of the employee's or agent's official duties to construct or maintain the Bound Brook Levees or to enforce this section.
[Ord. No. 11-09; Ord. No. 2014-04]
a. 
Any person who violates § 3-24.2, above shall be liable, upon conviction, to at least a minimum penalty of a fine of $100, and a maximum penalty of one or more of the following: imprisonment in the County Jail or in any place provided by the Borough for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
b. 
In addition to the penalty stated in paragraph "a.," above any person who violates § 3-24.2, above shall be liable, upon conviction, for the cost of damage caused to the Bound Brook Levees as a result of such violation, and shall make restitution thereof.
[Ord. No. 2013-04]
The purpose of this section is to protect the health, safety and welfare of the general public pursuant to N.J.S.A. 40:48-2 and under the Borough's authority pursuant to N.J.S.A. 26:3D-63, by prohibiting smoking in or on Borough-owned property.
[Ord. No. 2013-04]
As used in this section only, the following words and terms shall be defined as set forth below. All other terms, words and phrases not defined herein shall be given their customary meaning.
BOROUGH-OWNED PROPERTY
Any building, structure, facility, complex, adjacent or appurtenant parking areas, parks, playgrounds, recreation areas, vehicles, and any other equipment, owned, leased, operated or under the ownership control of the Borough of Bound Brook.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Ord. No. 2013-04]
a. 
Except as otherwise provided herein, smoking shall be prohibited in the following places:
1. 
Every room, chamber, lobby, hallway and other common areas in and upon any Borough-owned property.
2. 
Any entrance or exit areas of any Borough-owned property where smoke may enter the air people breathe through such entrances, exits, windows or ventilation systems.
3. 
Any vehicles or equipment owned, leased and/or otherwise under the control of the Borough of Bound Brook, in part or entirely.
4. 
In or on any Borough-owned property.
b. 
Smoking optional areas. Notwithstanding the prohibitions contained in the foregoing provisions, outdoor smoking areas may be designated upon application and approval by the Mayor and Council. Smoking areas, once approved, shall bear signs specifically designating that they are smoking areas. Smoking areas shall be clear of any public entrance or exit areas of any Borough-owned property where smoke may enter the air people breath through such entrances, exits, windows or ventilation systems.
[Ord. No. 2013-04]
"Smoking" or "No Smoking" signs, as appropriate, or the international "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, employer or such other person in control of every Borough-owned property where smoking is controlled by this section. The color of such signs, when not of the international type, shall have letters that are distinct, contrasting to the background and easily read. Letters shall have a minimum height of 3/4 of an inch and should be posted in English and such other language the Mayor and Council approves. The "No Smoking" signs shall be posted, at a minimum, on every doorway which provides an entry to the building. The "Smoking" signs shall be posted only in those areas so designated by the Mayor and Council as provided in this section.
[Ord. No. 2013-04]
The provisions of this section shall be enforceable by a Police Officer, employee or elected official of the Borough of Bound Brook, as well as by any other individual. Any person seeking to enforce a provision of this section shall be authorized to file a complaint in the Municipal Court of the Borough of Bound Brook.
[Ord. No. 2013-04]
a. 
It shall be unlawful for any person to smoke in any area where smoking is prohibited under this section.
b. 
Unless a greater fine is permitted pursuant to N.J.S.A. 26:3D-56, et seq., for smoking in specific areas defined therein, in which case such higher level of fine shall be utilized, any person who smokes in an area in which smoking is prohibited shall be guilty of a disorderly persons offense and subject to a maximum fine of $200 for each violation pursuant to N.J.S.A. 2C:33-13.
c. 
Any person found guilty of defacing, tampering with or removing "No Smoking" signs which are required by this section shall be guilty of a disorderly persons offense and subject to a maximum fine of $200, plus the cost of replacing the sign.
d. 
Any juvenile adjudicated to have violated the provisions of this article shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this section.
[Ord. No. 2013-04]
No provision of this section shall be construed or interpreted to allow smoking where it is otherwise restricted or prohibited by other laws.
[Ord. No. 2012-05]
The Governing Body of the Borough of Bound Brook is entitled to enact regulatory ordinances to protect and promote the general welfare, health and safety of its citizens. New Jersey State Statutes provide for increased prosecution and penalties for the distribution of Controlled Dangerous Substances (drugs) within 1,000 feet of a park zone. N.J.S.A. 2C:35-7 requires the Mayor and Council to adopt an ordinance setting forth park zones for purposes of prosecution under the drug statutes. Herb Lauterwald, P.E., has prepared a map outlining the various parks as well as delineating the one-thousand-foot radius surrounding each of the parks. The Mayor and Council wish to prohibit the dispensing of any Controlled Dangerous Substances so as to permit increased prosecution and penalties within these areas.
[Ord. No. 2012-05]
The Mayor and Council hereby adopt, approve and ordain the June 19, 1995 certified map of Herb Lauterwald, P.E., as constituting the park zones within the Borough of Bound Brook for purposes of drug enforcement prosecutions and a copy of that document is hereby incorporated by reference. (The map referred to herein may be found in the Borough offices.)
[1967 Code § 4-16.1; Ord. No. 07-03]
Any person who violates any provision of this chapter, unless a specific penalty is otherwise provided in connection with the provision violated, shall be liable, upon conviction, to the penalty stated in Chapter 1, § 1-5. The minimum penalty shall be a fine of $100 for each violation.
[1967 Code § 4-16.2]
Except as otherwise provided, every day on which a violation of any provision of this chapter exists shall constitute a separate violation.
[1967 Code § 4-16.3; Ord. No. 07-03]
The maximum penalty stated in the general penalty clause of this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular place or particular violation.
[Ord. No. 2010-09 § 1]
Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life. A substantial body of science and technology exists by which excessive sound may be substantially abated. The people have a right to, and should be ensured of, an environment free from excessive sound.
It is the policy of the Borough of Bound Brook to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life. This section shall apply to the control of sound originating from sources within the Borough of Bound Brook.
[Ord. No. 2010-09 § 2]
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this section have the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
dBC
The sound level as measured using the "C" weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.
DEMOLITION
Any dismantling, destruction or removal of buildings, structures, or roadways.
DEPARTMENT
The New Jersey Department of Environmental Protection.
EMERGENCY WORK
Any work or action necessary at the site of an emergency to restore or deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
IMPULSIVE SOUND
Either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
A violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, County or State enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power on land.
MUFFLER
A properly functioning sound dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.
MULTI-DWELLING UNIT BUILDING
Any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
a. 
A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
b. 
A building, which is both commercial (usually on the ground floor) and residential property, located above, below or otherwise adjacent to.
NOISE CONTROL INVESTIGATOR (NCI)
An employee of a municipality, County or regional health commission that has a Department-approved model noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, they are knowledgeable about their model noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the section that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
NOISE CONTROL OFFICER (NCO)
An employee of a local, County or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved model noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
PLAINLY AUDIBLE
Any sound that can be detected by a NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note- this definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound, including, but not limited to any musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
SOUND REDUCTION DEVICE
Any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.
WEEKDAY
Any day that is not a Federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
[Ord. No. 2010-09 § 3]
a. 
This noise ordinance applies to sound from the following property categories:
1. 
Industrial facilities;
2. 
Commercial facilities;
3. 
Public service facilities;
4. 
Community service facilities;
5. 
Residential properties;
6. 
Multi-use properties;
7. 
Public and private rights-of-way;
8. 
Public spaces; and
9. 
Multi-dwelling unit buildings.
b. 
This noise ordinance applies to sound received at the following property categories:
1. 
Commercial facilities;
2. 
Public service facilities;
3. 
Community service facilities (i.e. non-profits and/or religious facilities);
4. 
Residential properties;
5. 
Multi-use properties; and
6. 
Multi-dwelling unit buildings.
c. 
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
[Ord. No. 2010-09 § 4]
a. 
Except as provided in Subsections 3-31.9 and 3-31.10, below, the provision of this section shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5, which include the following:
[Amended 4-10-2018 by Ord. No. 2018-08]
1. 
Agricultural activities;
2. 
Bells, chimes or carillons, which may include electronic devices that imitate the sounds of bells, chimes or carillons, while being used in conjunction with religious services;
3. 
Emergency energy release devices;
4. 
When public health or safety is involved, emergency work to provide electricity, water, or other public utilities; to conduct emergency construction or demolition work; to make emergency repairs to public roadways or bridges; to address emergency incidents such as the cleanup of spills of hazardous materials; or upon written approval of the authorized enforcement agency, to utilize sound-producing devices to relocate wildlife;
5. 
Motor vehicle racetrack facilities engaged in the racing of motor vehicles;
6. 
National Warning System (NAWAS): systems used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Department of Law and Public Safety;
7. 
Noise of aircraft flight operations;
8. 
Public celebrations that are government-sponsored or government-permitted events;
9. 
Public roadways;
10. 
Surface carriers engaged in commerce by railroad when the noise sources in question are trains in motion, operating retarders, train horns and whistles, or performing locomotive load test cell stands;
11. 
The unamplified human voice;
12. 
Use of explosive devices: These are regulated by the New Jersey Department of Labor and Workforce Development under the 1960 Explosive Act (N.J.S.A. 21:1A-1 to 21:1A-21);
13. 
Normal operation of a handgun, rifle, shotgun, skeetshooting or trapshooting range which has been maintained continuously in the same location since January 24, 1972; or
14. 
Emergency electricity generators at an industrial, commercial, or community service facility in use during an electrical outage.
b. 
Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.
c. 
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II and III except as provided for in Subsection 3-31.9, below.
[Ord. No. 2010-09 § 5]
a. 
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection of this section and pursue enforcement activities.
b. 
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection of this section that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
c. 
Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another's municipal noise ordinances.
[Ord. No. 2010-09 § 6]
a. 
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection 3-31.6b of this section and with the definition of "real property line" as contained herein.
b. 
When conducting indoor sound level measurements across a real property line the measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, closets and bathrooms.
[Ord. No. 2010-09 § 7]
a. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-31.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in Subsection 3-31.6b.
b. 
Impulsive sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound, which repeats four or more times in any hour, shall be measured as continuous sound and shall meet the requirements as shown in Tables I and II.
Table I Maximum Permissible A-Weighted Sound Levels When Measured Outdoors
Receiving Property Category
Residential property, or residential portion of a multi-use property
Commercial facility, public service facility, non-residential portion of a multi-use property, or community service facility
Time
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
24 hours
Maximum A-Weighted sound level standard, dB
65
50
65
Table II Maximum Permissible A-Weighted Sound Levels When Measured Indoors
Receiving Property Category
Residential property, or residential portion of a multi-use property
Commercial facility, public service facility, non-residential portion of a multi-use property, or community service facility
Time
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
24 hours
Maximum A-Weighted sound level standard, dB
55
40
55
Note: Table II shall only apply when the source and the receptor are separated by a real property line and they also share a common or abutting wall, floor or ceiling, or are on the same parcel of property.
Table III Maximum Permissible Octave Band Sound Pressure Levels in Decibels
Receiving Property Category
Residential property, or residential portion of a multi-use property
Residential property, or residential portion of a multi-use property
Commercial facility, public service facility, nonresidential portion of a multi-use property, or community service facility
Commercial facility or non-residential portion of a multi-use property
OUTDOORS
INDOORS
OUTDOORS
INDOORS
Octave Band Center Frequency, Hz.
Octave Band Sound Pressure Level, dB
Octave Band Sound Pressure Level, dB
Octave Band Sound Pressure Level, dB
Octave Band Sound Pressure Level, dB
Time
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
24 hours
24 hours
31.5
96
86
86
76
96
86
63
82
71
72
61
82
72
125
74
61
64
51
74
64
250
67
53
57
43
67
57
500
63
48
53
38
63
53
1,000
60
45
50
35
60
50
2,000
57
42
47
32
57
47
4,000
55
40
45
30
55
45
8,000
53
38
43
28
53
43
Note: When octave measurements are made, the sound from the source must be constant in level and character. If octave band sound pressure level variations exceed plus or minus 2 dB in the bands containing the principal source frequencies, discontinue the measurement.
[Ord. No. 2010-09 § 8]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection 3-31.6b of this section. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
Table IV Maximum Permissible Increase in Total Sound Levels Within A Residential Property
Week nights 10:00 p.m. - 7:00 a.m.
Weekend nights 11:00 p.m. and 9:00 a.m.
All other times
3 dB(C)
6 dB(C)
[Ord. No. 2010-09 § 9]
The following standards shall apply to the activities or sources of sound set forth below:
a. 
Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
b. 
Excluding emergency work, power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g. commercial operators, public employees) shall not be operated on a residential, commercial, industrial or public (e.g. golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or Federal holidays, unless such activities can meet the limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
c. 
All construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and Federal holidays, unless such activities can meet the limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in construction and demolition activity shall be operated with a muffler and/or sound reduction device.
d. 
Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device when being used for snow removal. At all other times the limits set forth in Tables I, II or III do not apply.
e. 
All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for intermittent sound after it has been activated. At all other times the limits set forth in Tables I, II or III do not apply.
f. 
Self-contained, portable, non-vehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator.
g. 
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this section shall include but not be limited to:
1. 
Vocalizing (howling, yelping, barking, squawking etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or,
2. 
Vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
[Ord. No. 2010-09 § 10; amended 4-10-2018 by Ord. No. 2018-08]
Violations of each subsection of this section shall be considered purposeful and therefore non-minor violations.
a. 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, of any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way.
b. 
No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
c. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
d. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.
[Ord. No. 2010-09 § 11]
a. 
Violation of any provision of this section shall be cause for a Notice of Violation (NOV) or a Notice of Penalty Assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
b. 
Any person who violates any provision of this section shall be subject to a civil penalty for each offense of not more than the maximum penalty pursuant to N.J.S.A. 40:49-5, which is $2,000. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
[Amended 4-10-2018 by Ord. No. 2018-08]
c. 
Upon identification of a violation of this section the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this subsection that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
d. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection 3-31.2 of this section) a NOV shall be issued to the violator.
1. 
The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.
2. 
The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the NCO or NCI. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
e. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a non-minor violation, the violator shall be notified that if the violation is not immediately corrected, a NOPA with a civil penalty of not more than the maximum penalty allowed pursuant to N.J.S.A. 40:49-5, which is $2,000, will be issued. If a non-minor violation is immediately corrected, a NOV without a civil penalty shall still be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not.
[Amended 4-10-2018 by Ord. No. 2018-08]
f. 
The violator may request from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued.
g. 
The recipient of a NOPA shall be entitled to a hearing in a Municipal Court having jurisdiction to contest such action.
h. 
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued.
i. 
Any claim for a civil penalty may be compromised and settled based on the following factors:
1. 
Mitigating or any other extenuating circumstances;
2. 
The timely implementation by the violator of measures which lead to compliance;
3. 
The conduct of the violator; and
4. 
The compliance history of the violator.
j. 
No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section or from other law.