[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]
[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]
[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.
[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.
[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]
[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.
LITTER
LITTER RECEPTACLE
PERSON
Definitions. As used in this subsection.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including, but not limited to, any bottle, jar or can, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
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.
[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:
A person who has qualified as a guardian of the underaged
person pursuant to testamentary or court appointment.
The underaged person's grandparent, aunt or uncle, sibling
or any other person related by blood or affinity.
[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.
Remaining idle in essentially one location. It shall include
the concepts of spending time idly, loafing or walking about aimlessly.
Includes any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
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.
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.
An individual under the age of 18 years.
For purposes of this section shall be as set forth in § 3-5.
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.
Every highway, road, trail, alley, fire lane or other way
that is open to the use of the public for vehicular or pedestrian
traffic.
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.
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:
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.
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.
The Borough of Bound Brook Police Department.
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;
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.
[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; amended 2-26-2019 by Ord. No. 2019-02]
[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:
[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:
Having the genital area beneath the waist unclothed or clothed
by a transparent material.
To show oneself in any capacity, whether while employed in
the performance of work or entertainment or whether simply at leisure
or otherwise.
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:
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.
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.
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:
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.
A person of either sex, corporation, partnership, association
and any other entity capable of being sued.
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.
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]
[Ord. No. 11-11]
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.
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]
[1967 Code § 4-14.1]
As used in this section:
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:
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.
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.
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.
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.
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.
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.
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:
The owner of record of the property as set forth in the records
of the Tax Assessor for the Borough of Bound Brook.
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.
[Ord. No. 11-09; Ord. No. 2014-04]
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.
[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.
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.
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.
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]
[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.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
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.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
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.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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.
Any vehicle that is propelled other than by human or animal
power on land.
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.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
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
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
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.
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.
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.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a non-governmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
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).
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.
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.
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.
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:
b.
This noise ordinance applies to sound received at the following property
categories:
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.
[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:
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.
[Added 7-27-2021 by Ord.
No. 2021-020]
The Borough of Bound Brook hereby establishes a nuisance ordinance
which shall maintain order and preserve peace within its borders.
[Added 7-27-2021 by Ord.
No. 2021-020]
Unless otherwise identified shall solely mean the Borough
of Bound Brook.
Is defined as any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.
Is defined as any work performed for the purpose of preventing
or alleviating the physical trauma or property damage threatened or
caused by an emergency.
Is defined as in the Motor Vehicle Code of the state. Any
vehicle which is propelled or drawn on land by a motor, such as, but
not limited to, passenger cars, trucks, truck trailers, semitrailers,
campers, go-carts, snowmobiles, amphibious craft on land, dune buggies
or racing vehicles, but not including motorcycles.
Is defined as in the Motor Vehicle Code of the state. An
unenclosed motor vehicle having a saddle for the use of the operator
and two or three wheels in contact with the ground, including, but
not limited to, motor scooters and minibikes.
Is defined as a sound, especially one that is loud or unpleasant
or that causes disturbance.
Is defined as any sound which endangers or injures the safety
or health of humans or animals, or annoys or disturbs a reasonable
person of normal sensitivities, or endangers or injures personal or
real property.
Is defined as an individual, association, partnership or
corporation, and includes any officer, employee, department, agency
or instrumentality of a state or any political subdivision of a state
or federal agency not associated with national defense.
Is defined as any imaginary line along the ground surface,
and its vertical extension, which separates the real property owned
by one person from that owned by another person, but not including
intrabuilding real property division.
[Added 7-27-2021 by Ord.
No. 2021-020]
a.
Repairing, rebuilding, modifying or testing any motor vehicle, a
motorcycle or motorboat in such a manner as to cause an unreasonable
and unnecessary noise disturbance across a residential real property
boundary or within a noise-sensitive zone between the hours of 10:00
p.m. and 7:00 a.m.
b.
Operating, playing or permitting the operation or playing of any
radio, television, phonograph, drum, musical instrument, sound amplifier
or similar device which produces, reproduces or amplifies sound between
the hours of 10:00 p.m. and 7:00 a.m. the following day in such a
manner as to create an unreasonable and unnecessary noise disturbance
across a real property boundary.
c.
Using or operating for any noncommercial purpose any loudspeaker,
public-address system or similar device between the hours of 10:00
p.m. and 7:00 a.m. the following day such that the sound therefrom
creates an unreasonable and unnecessary noise disturbance across a
residential real property boundary.
d.
No person shall, within the limits of the Borough, fire or discharge
any firecracker, torpedo or firework of any kind; provided, however,
that at any time the Fire Official may, upon written application,
give permission for the display and discharge of fireworks at a time
and place to be specified and under the direction of a person to be
named in the written permit issued by the Fire Official.
e.
The sounding of any horn or signaling device on any automobile, motorcycle,
bus or any other vehicle on any street or public place, except as
a danger warning; the creation by means of any horn or signaling device
of any unreasonably loud or harsh noise; the sounding of any said
horn or signaling device for any unnecessary and unreasonable period
of time; the use of said horn or signaling device when traffic is
for any reason held up; or the use of any horn, whistle or device
operated by engine exhaust.
[Added 7-27-2021 by Ord.
No. 2021-020]
a.
The provisions of this section shall not apply to the emission of
sound or noise for the purpose of alerting persons to the existence
of any emergency or the emission of sound or noise in the performance
of emergency work.
b.
Nothing herein contained shall be construed to prohibit playing by
a band or orchestra in a hall, building or in the open air by any
Board of Education or Borough organized or sponsored program, activity
or event, or by any other public program, activity or event; provided,
however, that prior approval therefor has been obtained from the Borough.
c.
Special nuisance variances.
1.
The Borough Council shall have the authority, consistent with this
section, to grant special nuisance variance, which may be requested
pursuant to this section.
2.
Special nuisance variances shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on the
permitted activity. The special variance shall not become effective
until all conditions are agreed to by the applicant. Noncompliance
with any condition of the special variance shall terminate it and
subject the person holding it to those provisions of this section
regulating the source of noise or activity for which the special variance
was granted.
3.
Application for extension of time limits specified in special nuisance
variances or for modification of other substantial conditions shall
be treated like applications for initial special nuisance variances.
d.
Variances for time to comply.
1.
Within 30 days following the effective date of this section, the
owner of any commercial or industrial source of noise may apply to
the Council for a variance in time to comply with this section. The
Mayor and Council shall have authority, consistent with this section,
to grant a variance, not to exceed 90 days from the effective date
of this section.
2.
Any person seeking a variance in time to comply shall file an application
with the Borough Council. The application shall contain information
which demonstrates that bringing the source of noise or activity for
which the variance is sought into compliance with this section prior
to the date requested in the application would constitute an unreasonable
hardship on the applicant, on the community or on other persons. (Notice
of an application for a variance in time to comply shall be published
according to jurisdictional procedure.) Any individual who claims
to be adversely affected by allowance of the variance in time to comply
may file a statement with the Mayor and Council containing any information
to support his claim. If the Mayor and Council finds that a sufficient
controversy exists regarding an application, a public hearing may
be held.
3.
In determining whether to grant or deny the application, the Mayor
and Council shall balance the hardship to the applicant, the community
and other persons of not granting the variance in time to comply against
the adverse impact on health, safety and welfare of persons affected,
the adverse impact on property affected and any other adverse impacts
of granting the variance. Applicants for variances in time to comply
and persons contesting variances may be required to submit any information
the Mayor and Council may reasonably require. In granting or denying
an application, the Mayor and Council shall place on public file a
copy of the decision and reasons for denying or granting the variance
in time to comply.
4.
Variances in time to comply shall be granted to the applicant containing
all necessary conditions including a schedule for achieving compliance.
The variance in time to comply shall not become effective until all
conditions are agreed to by the applicant. Noncompliance with any
condition of the variance shall terminate the variance and subject
the person holding it to those provisions of this section for which
the variance was granted.
e.
Appeals of an adverse decision of the Mayor and Council shall be
made to the Municipal Court.
[1]
Editor's Note: Former Section 3-32-.4, Manner of Giving Notice,
added 7-27-2021 by Ord. No. 2021-020, was repealed 10-11-2022 by Ord. No. 2022-39.
Any person who shall violate any provision under this section,
shall, upon conviction thereof, be subject to the maximum fines and
penalties established under N.J.S.A. 2C:33-12 and N.J.S.A. 2C:33-12(a)
and as same shall be amended from time to time. Each and every day
a violation of this section shall exist shall constitute a separate
violation.
